O IMAGE EVALUATION TEST TARGET (MT-3) k A // ..^V^^ V '^. y. f/i 1.0 I.I L25 i;^ 12.8 t 1^ 2.5 2.0 1.8 U 111.6 V] (^ /i 7 #> >^ '^ y Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 iV iV ■^^ <> % v '4^ o'^ C/a CIHM/ICMH Microfiche CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques .\ ^ ^ Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D n n n Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagde Covers restored and/or laminated/ Couverture restaurde et/ou pelliculde I I Cover title missing/ Le titre de couverture manque I I Coloured maps/ Cartes gdographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relid avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re Mure serr6e peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajoutdes lors d'une restauration apparaissent dans le texte, mais, torsque cela dtait possible, ces pages n'ont pas 6t6 filmdes. to L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mdthode normale de filmage sont indiqu^s ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagdes □ Pages restored and/or laminated/ Pages restaurdes et/ou pellicul^es Pages discoloured, stained or foxed/ Pages d^colordes, tachet^es ou piqui D D 6es I I Pages detached/ Pages d6tachdes Showthrough/ Transparence Quality of prir Quality indgale de I'impression Includes supplementary materij Comprend du materiel supplementaire rri Showthrough/ I I Quality of print varies/ I I Includes supplementary material/ Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been ref limed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t^ filmdes d nouveau de fa9on d obtenir la meilleure image possible. Thi PO! of filrl Ori be] the sio oth firs sio or Th< she Tl^ wh Ma difl ent beg rigf req me' FT] Additional comments:/ I I Commentaires suppldmentaires: Various pagings. This item is filmed at the reduction ratio checked below/ Ce document est filmd au taux de reduction indiqud ci-dessous. 10X 14X 18X 22X 26X SOX 7 12X 16X 20X 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity of: Library of the Public Archives of Canada L'exemplaire film6 fut reproduit grdce d ia g6n6rosit6 de: La bibliothdque des Archives publiques du Canada The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — »> (meaning "CON- TINUED"), or the symbol y (meaning "END"), whichever applies. Les images suivantes ont 6x6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettetd de l'exemplaire filmd, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprimis sont filmds en commen^ant par le premier plat et en terminant soit par la dernlAre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont filmds en commenqant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbols -♦- signifie "A SUIVRE", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included In one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film6s d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film6 6 partir de Tangle sup6rieur gauche, de gauche 6 droite, et de haut an bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 32X 1 2 3 4 5 6 . '\ .-^.K* lit) iji) < » •" .,»' nit/. «>' 1 «.i I ' ' IK" .'tl "■^"X, »-■•»■ •< '•"'-v . s.v.-v-../'*^., *^ -I, •; x^"- ' — ^U„ r -, , /^ u^ ^"-....„; ><^r^<> < ; N^r-- „./ ' ■?:, f i " ■\^- : ; ,1...^; . j V » . I ' ••« » , ■ "■ *• _.\r'"'' '•II- 4,11 ; itki' '^ ^ - '•■ ^**'H53(u,j-r-^'v v." , ' . K '. N^ o ■'-5::-^v\- ^ ;f .;sw -'- """^ ..^--^-^ :■... , / ^■■'vL. ^'^^?" S •'..• ..■..,»/• Tv '* 5 T '~ . .1* V »- f"'-' ''•»•... *. ^. 71) 7 '/' ^OKTJaAMmii*^^ *'k. ^S' 6' "*>'\ \-hL V-- ''V * »• ' !•'' \_ Ji- ll liuil ;(• :!x;,i«^^ l./ljr» L'll) r^TY f "1 lai) eOihaltiii (•l/<>ftr ^.t iii>j ./'■ •yiifitti . .' - ,V"'""'" KM) riilili slird U\ l.tiii»'in.in \' I hU t(>l) !»> '<(> ro '">,. I ■ v.. I \ ; ,■-■•■ ■ ■■ >'- r^ ,„.--■ ',,...■<'/ '^^ ■" s^'. %';:;Hv^,- ^*V' »■!,, , '■. ^^ ^4V " ^ / ^'««.l 1,0.1 ' I' „f» in) ./.M.,.- ^■■-'- >< • ,,., ! ■ —-'-".,.0... ' ,• ■J ■■, /. ^'J >!•" ■\ '~^«; 7:Ar.-J >^ r^ yf'T £5 ?^^-:'M i^"\-i#^ig!g^ ''■^■/ ,J,i..i}A.^.i^ / 'x J I y\ x= -,o 'Vf' i« /\v;ir •,/....„ ,...,< ^ •;il.i.'.i. ~fi.-X ,/. u ^ „,.."''" r.ri^K^'^ -K-.V,., n K> /('• -;-*ia^. '^■"f" -?^'; ^*' - f.:^ v-^"''^ A«^i> !.■»> ' X2 'HKlt 'Uiiinhuii W'^ oCiiluhi fe- V. I.I/..... ' OXSmttiiij/Uri \ ./.. .\„tihttiiUi _1 L. KM) !K) 1 '—^ t " " — - ■ ---! -:^-t T.— -T- - 1 T L^ /^ 1 r— .y r riiiiiniii..! i)^ i.t.iio-iu.Mi .V (■'■ .1 (1 Wtlltrl S. .lip' o .^v ■ / i \ ■ '\ f, - it f.* ,i<>i i^' -^ 1^- j.jtr.WiUcw. Sculp! 1 ■ r M. I m 1 / I irii OllEGON QUESTION EXAMINED. !N im;si-i;i;i ru FACTS .\i\l» THE LAW OF NATIONS. BT TKAVEllS TWJSS, D.C.L. RR.S. IROFESSOR .,F rolITICAL KCONOMY IN THE UNIVERSITY OF OXFOHIi. AM) AnvoCATE IN UO< "TORs' roMMONS. LONDON: .ONGMAN, BROWN, GREEN, AND LONGMANS. I'ATERNOSTER-ROW. 1846. Ft London • Printed by A. Sfottiswoode, New- Street- Sq iiare. V R E F A C E. TiiK object wliic'li the autlior hud in view, in iiisti- tutinn- the iiccoini)aiiyini»' iiKjuiry into the his- toriciil tacts and tlic negotiations connected with the Oregon Territory, was to contribute, as far as his indivichial services niiglit avail, to the peaceful solution of the question at issue between the United States of America and Great Jiritain. He could not resist the conviction, on reading several able treatises on the subject, that the case of the United States had been overstated by her writers and ne- gotiators ; and tlic [)erusal of i\lr. Grecnhow's Offi- cial Memoir, and subsequent History of Oregon and California, confirmed him in this impression, as they sought to establish more than was consistent with the acknowledged difficulty of a question, which has now been the subject of four fruitless negotiations. He determhied, in consequence of this conviction, to investigate carefully the records of ancient dis- coveries and other matters of history connected with the north-west coast of America, concerning Avhicli much contradictory statement is to be met with in writers of acknowledged reputation. The result is the present work, which has unavoidably A 2 IV rilEFACK. assumed ii much larger l)ulk than was aritici[)ated by the author Avheii he commenced the iiiquhy : it is hoped, however, tliat the arrangement of the chapters will enable the reader to select, without difficulty, those portions of the subject which he may deem to be most deserving of his attention. The expeditions of Drake and of Gali have thus necessarily come under c(msideration ; and the views of the author will be found to differ, in respect to both these navigators, from those ad- vanced by Mr. Greenhow, more especially in re- spect to Drake. Had the author noticed at an earlier period Mr. Greenhow's remark in the Pre- face to the second edition of his History, that he has " never deviated from the rule of not citing authorities at second-hand," he would ha^'e thought it right to apologise for attributing the incorrect- ness of Mr. Greenhow's statements as to the re- spective accour'+s of Drake's expedition, to his having been misled by the authority of the article '' Drake," in the Biographic Universelle. He >vould even now apologise, were not any other supposition under the circumstances less res])ectful to Mr. Greenhow himself. In regard to Juan de Fuca, if the author could have supposed that in the course of the last nego- tiations at Washington, Mr. Buchanan would have pronounced that De Fuca's \'^oyage " no longer admits of reasonable doubt," he would have en- tered into a more careful analysis of Micliael Lok's tale, to show that it is utterly irreconcileable witli I I'KEFACK. titcd y ' ^^ f the tliout ell lie on. j thus d the er, in id ad- in re- at an c Pre- liat he citing louijfht rrect- rc- to his larticle He other )ectlul he coi ikl ncgo- Ll have longer ^c en- Lok's with ascertained lacts. As it is, lunvuxer, the author trusts that enough has l)een said in the- chapter on the Pretended Discoveries of the North-west Coast, to convince the reader that hoth the stories of Juan de Fuca and Maldonado*, to the latter of ■whom Mr. Calhoun, at an earlier stage of the same negotiations, refers l^y name as the pioneer of iSpanish enterprise, are to he ranked with Admiral Fonte's account, in tlie class of mytliical disco- veries. In regard to \^uicouver, the author, it is hoped, will be pardoned for ex})ressing an opinion, tliat Mr. Greenhow has permitted his admitted jealousy for the fame of his fellow-citizens to lead him to do injustice to \'ancouver's character, and to assail it with arguments founded in one or two instances upon incorrect views of Vancouver's own state- ments. jMr. Gallatin expressed a very different opinion of this officer, in his Counter-statement, during the negotiation of 1826, when he observes that Vancouver " had too much probity to alter his statement, when, on the ensuing day, he Avas in- formed by Captain Gray of the existence of the river, at the mouth of which he had been for seve- ral days without being able to enter it." The chapter on the Convention of the Escurial is intended to give an outline of the facts and ne- gotiations connected with the controversy between * IVEaldonado's pretended Voyage bears the date of 1588. In the (■o|ty of Mr. Callumn'.s letter, eirculated un thi.s ,->ido of the AthuUie, it i> referred to tlie year l.»-J8. VI rUKFACK. Spain and (Jreat liritain in respect to Nuotka Sound, and the subsequent settlement of the points hi dis- pute. The arguments whicli the author conceived them to furnish against the positions of the Com- missioners of the United States, have been inserted, as the opportunity offered itself, in the chapters on the several negotiations. The author, however, has introduced in this chapter, what appears to him to be a conclusive refutation of ]\Ir. Ijuchanan's state- ment, " that no sufficient evidence has been adduced that either Nootka Sound, or any other spot on the coast, was ever actually surrendered by Spain to Great liritain." The chapter on the Columbia Iviver attempts to adjust the respective claims of lieceta. Gray, and Broughton to the discovery and exploration of that river. A fcAV chapters have been next inserted on points of international law connected with territorial title, which, it was thouglit, niiglit iacilitate the examina- tion of the questions raised in the course of the negotiations by tlie Connnissioners of Great IJritain and the United States. They do not profess to be complete, but they embrace, it is believed, nearly all that is of importance for the reader to be fami- liar with. The chapters on the Limits of Louisiana an'^ the Treaty of Washington were required to elue. late the " derivative title" of the United States. If the author could have anticipated the public- ation of the correspondence between Mr. Pakenliam i 1 I'KEFACE. VU Sound, ill (lis- iceived c Com- isertcd, tcrs on ^er, hus him to s state- dduced on the [ydin to npts to iiy, and of that I points Lil titk', ainina- of the >ritaiii to be nearly fanii- D'^ the iL . uite )ul)He- Mihani and the Plenipotentiaries of the C'nlted States, he woidd m(3st probably have adopted a different ar- rangement in his review of the several negotiations, so as to avoid an appearance of needless repetition. His manuscript, however, with the exception of the two last chapters, was completed before the Presi- dent's message reached this country. As the earlier sheets, however, were passing through the press, one or two remarks have been inserted which have a bearing on the recent correspondence; but it should be observed, that a separate review of each nego- tiation was designedly adopted, for the purpose of enabling the reader to appreciate more readily tlie variety of phases, which the claims of the United States have assumed in the course of them. Some oliservations liave been made in Chapter XII. and other places, upon the general futility of the argument from maps in the case of disputed territory. The late negotiations at Washington have furnished an apposite illustration of the truth of the Author's remarks. Mr. Buchanan, towards the conclusion of his last letter to Mr. Pjikenham, addressed an ai'gumenl to the British Minister, of the kind known to logicians as the mu/umeiitiini ad verccimdiam : — " Even British geographers have not doubted our title to the territory in dispute. There is a large and splendid globe now in the Department of the State, recently received from London, and published .by Maltby and Co., manu- facturers and publishers to ' The Society for the Diffusion (^f Useful Knowledge,' wliich assigns this vin VREFACK. tcrrit(ny to the I'liitcd States." Ihv history, how- ever, of tliis f^lobi' is rather curious. It was ordered of Mr. Malby (uot Maltby) for the De- partment of State at Washington, before Mr. Everett quitted his i)ost of Minister of the United States in this eountry. ft no doubt deserves tlie commenda- tion bestowed u[)on it by Mr. Buchanan, for Mr. Malby manufactures (\\cellent glol)es ; but the ^lobc^ sent to Washington was not made from the plates used on the globes pul)lished under the sanction of "The Society for the Diffusion of Useful Knowledge," though this is not said by way of disparagement to it. The Society, in its maps, has carried the boundary line west of the Rocky Mountains, along the 49th parallel to the Columbia River, and thence along that river to the sea; but in its globes the line is not marked beyond the Rocky Mountains. Mr. Malby, knowing that the globe ordered of him was intended for the Department oi" State at Washing- ton, was led to suppose that it would be more satisfactorily completed, as it was an American ordei", if he coloured in, for it is not engraved, the bovuuhiry line pro[)osed by the Commissioners of the United States. The author would apologise for discussing so trifling a circumstance, had not the authorities of the United States considered the fact of sufficient importance to ground a serious argument upon it. Two maps have been annexed to this work. The map of North America is based chiefly upon that published by " The Society for tin.' Diffusion of r i-m-rAc K. IX ry, how- It was the De- Everett >tates in iimenda- I'or Mr. lie njlobe le plates iction of wledge," iment to ounclary the 49th ce along e line is tis. Mr. him was r^ashing- e more nierican |ved, the liners of pologise ad not side red serious I'srl'iil KnuwK'dgi'," but (•itiisid{.M'al)K' alteration.-? have l)een made in the pan.-, westward of the Rocky Alonntains and •^outli of tlie Columbia llivcr, in accordance witli the results of recent researches in tliat country. The map of the Oregon Territory itself lias been copied from one lately published in tlie octavo edition of Commander Wilkes' " Ex- l)loring Expedition." A copy of the larger map at- tached to the quarto edition of that work, which is pi'ol)ably the best map extant, has recently been pub- li.'^hed in this country l)y Mr. Wyld, the geographer In conclusion, the Author must l)eg pardon of the distincfuished diplomatists in the late nefjotia- tions at Washington, who.se arguments lie has subjected to critici.sm, if he has omitted to notice several portions of their statements, to which they may justly attribute great weight. It is not from any want of respect tluit he has neglected them, but the limits of his work precluded a iuller consideration of the subject. London, ,I,in. -I'l. ISKJ. ^ The hn that Is ion of it i © I CO\Ti:\T^i. f 1 MA I' IK II I. II. III. IV. V. v^i. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIll. The Oregon Torritorv The Di.sc'ovcry of tlit- Xorth-wi-st Coast of America Tlie DLsoovery of the Nortli-we.^tCoast of America The pretended Discoveries of the North-west Coast ----.__ The Convention of the Escurial Tlie Oregon or Columbia River The Acquisition of Territory by Occupation Title by Discovery _ . . . _ Title by Settlement Derivative Title Negotiations between the United States and Great Britain in 1818 The Limits of Louisiana - - - . The Treaty of Washington - . . . Negotiations between Great Britain and the United States in 1823-24 - - _ . Examination of the Claims of the United States Negotiations between the United States and Great Britain, in 1826-27 Negotiations between the United States and Great Britain, in 1844-4o - . . , Review of the General Question I 21 .58 79 97 124 150 156 168 178 197 215 229 253 270 298 324 362 I J i ». f « m i ' ii— tun ■ Pnlilislu'd by l.oiigtn; J.X-r.Walko. Sculp! Ihll.lisllfil hs l.oiiiiltiMI .<• C? I I f^./ Vf: W »A w If' ni I",h^n.t "i ' oliiiulai^^ Kilnmuktii V\ (' Kiiiilw^jitkiJ)^ I .4* lVii>bi ...ir '■iVj^K ♦I THE ()IM:G()N (iUESTION. CHAPTER 1. Tin: OllEGON TERRITORY. North-west America. — Plateau of Aiiahuac. — llocky Mountains. — New Albion. — New Caledonia. — Oregon, or Orej^an, the River of the West. — Tlie Columbia River. — Extent of the Oregon Ter- ritory. — The Country of tlic Columbia. — Opening of the Fur Trade in 178G — Vancouver. — Straits of Anian. — Straits of Juan do Fuca. — Barclay. — Meares. — The American sloop Washington. — Galiano and Valdes. — Journey of Mackenzie in 1793. — The Tacoutche-Tesse, now Frazer's River. — North-west Company in 1805. — The Hudson's Bay Company in 1670. — The First Settle- ment of the North-west Company across the Rocky Mountains in 1 800, at Frazer's Lake. — Journey of Mr. Thomson, the Astronomer of the North-west Company, down the North Branch of the Co- lumbia River, in 1811. — Expedition of Lewis and Clarke, in 1805. — The Missouri Fur Company, in 1808. — Their First Settlement on the West of the Rocky Mountains. — The Pacific Fur Company, in 1810, — John Jacob Astor, the Representative of it. — Astoria established in 1811. — Dissolution of the Pacific Fur Company, in July, 1813. — Transfer of Astoria to the North-west Company, by Purchase, in October, 181.3. — Subsequent Arrival of the British Sloop-of-VVar, the Racoon. — Name of Astoria changed to Fort George. North-western America is divided from the other portions of tlie continent by a chain of lofty moun- tains, which extend throughout its entire lengtli in B Mllp? ) NORTH-WEST AMERICA. a north-westerly direction, in continuation of the Mexican Andes, to the shores of the Arctic Ocean. The southern part of this chain, immediately below the parallel of 42° north latitude, is known to the Spaniards by the name of the Sierra Verde, and the central ridge, in continuation of this, as the Sierra de las Grullas ; and by these names they are distin- guished by Humboldt in his account of New Spain, (Essai Politique sur la Nouvelle Espagne, 1. i. c. 3.), as well as in a copy of Mitchell's Map of North America, published in 1834. Mr. Grcenhow, in his History of Oregon and California, states that the Anahuac Mountains is " the appellation most commonly applied to this part of the dividing chain extending south of the 40th degree of latitude to Mexico," but when and on what grounds that name has come to be so applied, he does not explain. Anahuac was the denomination before the Spanish conquest of that portion of America which lies between the 14th and 21st degrees of north latitude, whereas the Cordillera of the Mexican Andes takes the name of the Sierra Madre a little north of the parallel of 19°, and the Sierra Madre in its turn is connected with the Sierra de las Grullas by an in- termediate range, commencing near the parallel of 30°, termed La Sierra de los Mimbres. The appli- cation, indeed, of the name Anahuac to the entire portion of the chain which lies south of 40°, may have originated with those writers who have con- founded Anahuac with New Spain ; but as the use of the word in this sense is incorrect, it hardly seems desirable to adopt an appellation which is calculated to produce confusion, whilst it perpe- I I?OCKY MOUNTAINS. 3 on of the tic Ocean. ely below wn to the e, and the the Sierra ire distin- ew Spain, gne, 1. i. ■) of North nhow, in :ates that tion most ling chain ititude to :hat name b explain. e Spanish i^hich lies latitude, des takes 'th of the ts turn is by an in- arallel of he appli- le entire 40°, may lave con- s the use fc hardly ivhich is t perpe- tuates an error, especially as there appear to be no reasonable grounds for discarding the cstabUslied Spanish names. The plateau of Anahuac, in the JIJ'jIC,^"^''^ proper sense of the word, comprises the entire ter- ritory from the Isthmus of Panama to the 21st parallel of north latitude, so that the name of Anahuac Mountains would, with more propriety, be confined to the portion of the Cordillera south of 21°. If this view be correct, the name of the Sierra Verde may be continued for that portion of the central range which separates the head waters of the Rio Bravo del Norte, which flows into the Gulf of Mexico, and forms the south-western boundary of Texas, from those of the Rio Colorado (del Oc- cidente), which empties itself into the Gulf of California. The Rocky Mountains, then, or, as they are fre- ^(^'^^y . quently called, the Stony Mountains, will be the distinctive appellation of the portion of the great central chain which lies north of the parallel of 42° ; and if a general term should be required for the ■f ■ entire chain to the south of this parallel, it may be convenient to speak of it as the Mexican Cordillera, since it is co-extensive with the present territory of the United States of Mexico, or else as the ^lexican Andes, since the range is, both in a geographical and a geological point of view;, a continuation of the South American Andes. Between this great chain of mountains and the Pacific Ocean a most ample territory extends, which may be regarded as divided into three great districts. The most southerly of these, of which the northern boundary line was drawn along the b2 NEW ALBION. ; I New Albion. ;i- J New Caledonia. parallel of 42°, by the Treaty of Washington in 1819, belongs to the United States of Mexico. The most northerly, commencing at Behring's Straits, and of which the extreme southern limit was fixed at the southernmost point of Prince of Wales's Island in the parallel of 54° 40' north, by treaties concluded between Russia and the United States of America in 1824, and between Russia and Great Britain in 1825, forms a part of the dominions of Russia ; whilst the intermediate country is not as yet under the acknowledged sove- reignty of any power. To this intermediate territory different names have been assigned. To the portion of the coast between the parallels of 43° and 48°, the British have applied the name of New Albion, since the expedition of Sir Francis Drake in 1578-80, and the British Government, in the instructions furnished by the Lords of the Admiralty, in 1776, to Captain Cook, directed him " to proceed to the coast of New Albion, endeavouring to fall in with it in the lati- tude of 45°. (Introduction to Captain Cook's Voyage to the Pacific Ocean, 4to. 1784, vol. i. p. xxxii.). At a later period Vancouver gave the name of New Georgia to the coast between 45° and 50°, and that of New Hanover to the coast between 50° and 54° ; whilst to the entire country north of New Albion, between 48^ and 56° 30', from the Rocky Mountains to the sea, British traders have given the name of New Caledonia, ever since the North-west Com- pany fiDrmed an establishment on the western side of the Rocky Mountains, in 1806. (Journal of D. W. Harmon, quoted by Mr. Greenhow, p. 291.) * ; I ■ NEW CALEDONIA. iiiigton m sico. The ;'s Straits, was fixed >f Wales's north, by he United en Russia •j part of ;ermediate ilged sove- !nt names the coast he British since the ;8-80, and furnished o Captain Lst of New the lati- s Voyage xxxii.). le of New and that and 54°; V Albion, ountains name of est Com- tern side ►urnal of p. 291.) Tlie Spanish government, on the other hand, in the course of the negotiations with the British govern- ment which ensued upon the seizure of the British vessels in Nootka Sound, and terminated in the Convention of the Escurial, in 1790, designated the entire territory as " the Coast of California, in the South Sea." (Declaration of His Catholic Majesty, June 4th, transmitted to all the European Courts, in the Annual Register, 1790.) Of late it has been customary to speak of it as the Oregon territory, or the Columbia River territory, although some writers confine that term to the region watered by the Oregon or Columbia River, and its' tributaries. The authority for the use of the word Oregon, or more properly speaking Oregan, has not been clearly ascertained, but the majority of writers agree in referring the introduction of the name to Carver's Travels. Jonathan Carver, a native of Con- necticut and a British subject, set out from Boston in 1766, soon after the transfer of Canada to Great Britain, on an expedition to the regions of the Up- per Mississippi, with the ultimate purpose of ascer- taining " the breadth of that vast continent, which extends from the Atlantic to the Pacific Ocean, in its broadest part, between 43° and 46° of north latitude. Had I been able," he says, " to accom- plish this task, I intended to have proposed to government to establish a post in some of those parts, about the Straits of Anian, which having been discovered by Sir Francis Drake, of course belong to the English." The account of his travels, from the introduction to which the above extract in his own words is quoted, was published in London ^^jBJS^ 6 OREGON, OR OREGAN. Oregon, or Oregan J in 1778. Carver did not succeed in penetrating to the Pacific Ocean, but he first made known, or at least established a belief in, the existence of a great river, termed apparently by the nations in the in- terior Oregon, or Oregan, the source of which he placed not far from the head waters of the River Missouri, " on the other side of the summit of the lands, that divide the waters which run into the Gulf of Mexico from those which fall into the Pacific Ocean." He was led to infer, from the account of the natives, that this " Great River of the West" emptied itself near the Straits of Anian, (Carver's Travels, 3d edit., London, 1781, p. 542.) although it may be observed that the situation of the so-called Straits of Anian th -mselves was not at this time accurately fixed. Carver, however, was misled in this latter respect, but the description of the locality where he placed the source of the Oregon, seems to identify it either with the Flatbow, or M'Gillivray's River, or else, and perhaps more probably, with the Flathead or Clark's River, each of which streams, after pursuing a north-western course from the base of the Rocky Mountains, unites with a great river coming from the north, which ultimately empties itself into the Pacific Ocean in latitude 46° 18'. The name of Oregon has consequently been perpetuated in this main river, as being really "the Great River of the West," and by this name it is best known in Europe ; but in the United States of America, it is cpiumbia now morc frequently spoken of as the Columbia River, from the name of the American vessel " The Columbia," which first succeeded in passing the Tliver. I EXTENT OF OREGON. tratiiig to iwii, or at of a great n the in- which he the River ait of the I into the into the from the t River of of Anian, , p. 542.) tuation of iS was not Yever, was jription of ce of the Flatbow, laps more iver, each h-western [ountains, he north, le Pacific )f Oregon his main r of the mown in jrica, it is Columbia ;scl " The iisiug the bar at its mouth in 1792. The native name, how- ever, will not totally perish in the United States, for it has been embalmed in the beautiful verse of liryant, whom the competent judgment of Mr. Washington Irving has pronounced to be amongst the most distinguished of American poets : " Take the wings Of morning, and the Barcan desert pierce, Or lose thyself in the continuous woods Where rolls the Orcgan, and hears no sound Save his own dashings." If we adopt the more extensive use of the term Oregon Oregon territory, as applied to the entire country '^"'*"''^' intermediate between the dominions of Russia and Mexico respectively, its boundaries will be the Rocky Mountains on the east, the Pacific Ocean on the west, the parallel of 54° 40' N. L. on the north, and that of 42° N. L. on the south. Its length will thus comprise 12 degrees 40 minutes of latitude, or about 760 geographical miles. Its breadth is not so easily determined, as the Rocky Mountains do not run parallel with the coast, but trend from south-east to north-west. The greatest breadth, however, a^Dpears to comprise about 14 degrees of longitude, and the least about 8 degrees; so that we may take 11 degrees, or 660 geographi- cal miles, as the average breadth. The entire su- perficies would thus amount to 501,600 geographi- cal square miles, equal to 663,366 English miles. If, on the other hand, we adopt the narrower use of the term, and accept the north-western limit which Mr. Greenhow, in his second edition of his History of Oregon and CaUforiiia, has marked out 1 8 FUR TRADE. bia. >t J [if CouMtiy of ti)!, t' the country of the Columbia," namely, the range of mountams which stretches north-eastward from the eastern extremity of the Straits of Fuca, about 400 miles, to the Rocky Mountains, sepa- rating the waters of the Columbia from those of Frazer's river, it will still include, upon his autho- rity, not less than 400,000 square miles in super- ficial extent, which is more than double that of France, and nearly half of all the states of the Federal Union. " Its southernmost points" in this limited extent "are in the same latitudes with Boston and with Florence ; whilst its northernmost corres- pond with the northern extremities of Newfoundland, and with the southern shores of the Baltic Sea." Such are the geographical limits of the Oregon territory, in its widest and in its narrowest extent. The Indian hunter roamed throughout it, undis- turbed by civilised man, till near the conclusion of the last century, when Captain James King, on his return from the expedition which proved so fatal to Captain Cook, made known the high prices which the furs of the sea otter ccmmanded in the markets of China, and thereby attracted the attention of Europeans to it. The enterprise of British mer- chants was, in consequence of Captain King's sug- gestion, directed to the opening of a fur trade between the native hunters along the north-west coast of America, and the Chinese, as early as 1786. The attempt of the Spaniards to suppress this trade by the seizure of the vessels engaged in it, -i 1789, led to the dispute between the crowns of Spain and Great Britain, in respect of the claim to exclusive sovereignty asserted by the former power over the Fm- trade. ^ STRAITS OF AN IAN. amely, the li-eastward s of Fuca, lins, sepa- n those of his autho- ( in super- )lc that of itcs of the its" in this ith Boston ost corres- foundland, ic Sea." tie Oregon est extent, it, undis- iclusion of ng, on his sd so fatal ices which e markets ention of tish mer- ng's sug- fur trade orth-west ^ as 1786. this trade a 1789, jpain and exclusive over the port of Nootka and the adjacent latitude's, wliich was brought to a close by the Convention of the Escurial in 1790. The European merchants, however, who engaged in this lucrative branch of commerce, confined their visits to stations on the coasts, where the natives brought from the interior the produce of their hunting expeditions; and even in respect of tlie coast itself, very little accurate information was possessed by Europeans, before Vancouver's survey. Vancouver, as is well known, was despatched in 1791 by the British government to superintend, on the part of Great Britain, the execution of the Con- vention of the Escurial, and he was at the same time instructed to survey the coast from 35° to 60°, with a view to ascertain in what parts civilised nations had made settlements, and likewise to de- termine whether or not any effective water commu- nication, available for commercial purposes, existed in those parts between the Atlantic and Pacific Oceans. The popular belief in the existence of a channel, termed the Straits of Anian, connecting the waters of the Pacific with those of the Atlantic Ocean, in about the 58th or 60th parallel of latitude, through which Caspar dc Cortercal, a Portuguese navigator, was reported to have sailed in 1500, had caused many voyages to be made along the coast on cither side of North America during the 16th and 17th centiiries, and the exaggerated accounts of the fa- vourable results of these voyages had promoted the progress of geographical discovery by stimulating fresh expeditions. In the 17th century, a narrative Vancouver, Straits of Aniaii. 10 STRAITS OF JUAN DE FUCA. I' I J n ! Straits of Juaii dc Fuca. ■t il was published by Purchas, in his " Pilgrims,'* pro- fessing that a Greek pilot, commonly called Juan de Fuca, in the service of the Spaniards, had in- formed Michael Lock the elder, whilst he was so- journing at Venice in 1596, that he had discovered, in 1592, the outlet of the Straits of Anian. in the Pacific Ocean, between 47° and 48°, and had sailed through it into the North Sea. The attention of subsequent navigators was for a long time directed in vain to the re-discovery of this supposed passage. The Sj^anish expedition under Heceta, in 1775, and the British under Cook, in 1778, had both equally failed in discovering any corresponding inlet in the north-west coast, doubtless, amongst other reasons, because it had been placed by the author of the tale between the parallels of 47° and 48°, where no strait existed. In 1787, however, the mouth of a strait was descried a little further northward, be- tween 48° and 49°, by Captain Barclay, of the Im- perial Eagle, and the entrance was explored in the following year by Captain Meares, in the Felice, who perpetuated the memory of Michael Lock's Greek pilot, by giving it the name of the Straits of Juan de Fuca. Meares, in his observations on a north-west passage, p. Ivi., prefixed to his Voyage, published in 1790, states that the American mer- chant sloop the Washington, upon the knowledge which he communicated, penetrated the straits of Fuca in the autumn of 1789, "as far as the longi- tude of 237° east of Greenwich," (123° west,) and came out into the Pacific through the passage north of Queen Charlotte's Island. Vancouver's attention was directed, in consequence of Captain Meares' ^ "ims/* pro- ailed Juan Is, had in- le was so- liscovcred, an. in the had sailed tention of e directed d passage. 1775, and h equally det in the r reasons, or of the where no outh of a ward, be- f the Im- ed in the e Felice, il Lock's 5traits of ions on Voyage, an mer- owledge traits of c longi- t,) and ^e north ttcntion Meares' FRAJ^EIl's RIVER. 1 1 report, to the especial examination of this strait, • d it was surveyed by him, with the rest of the coast, in a most complete and eftectual manner. A Spanish expedition, under Galiano and Valdds, was engaged about the same time upon the same object, so that from this period, i. e., the concluding decade of the last century, the coast of Oregon may be considered to have been sufficiently well known. The interior, however, of the country, had re- mained hitherto unexplored, and no white man seems ever to have crossed the Rocky Mountains prior to Alexander Mackenzie, in 1793. Having Mackenzie, ascended the Unjigah, or Peace River, from the Athabasca Lake, on the eastern side of the Rocky Mountains, to one of its sources in 54° 24', Mac- kenzie embarked upon a river flowing from the western base of the mountains, called, by the na- tives, Tacoutche-Tesse. This was generally sup- Tacouiche- poscd to be the northernmost branch of the Colum- bia river, till it was traced, in 1812, to the Gulf of Georgia, where it empties itself in 49° latitude, and was thenceforth named Frazer's river. Mackenzie, having descended this river for about 250 miles, struck across the country westward, and reached the sea in 52° 20', at an inlet which had been sur- veyed a short time before by Vancouver, and had been named by him Cascade Canal. This was the first expedition of civilised men through the country west of the Rocky Mountains. It did not lead to any immediate result in the way of settlement, though it paved the way by contributing, in con- junction with Vancouver's survey, to confirm the conclusion at which Captain Cook had arrived, that ' 'I Fiil V2 NORTH-WEST COMrANV. J Noitli- wcst ("oiin)aiiy. If tlic American continent extended in an uninter- i'ii})ied line north-westward to Behring's Straits. The result of Mackenzie's discoveries was to open a wide field to the westward for the enter- prise of British merchants engaged in the fur trade ; and thus we find a settlement in this ex- tensive district made, not long after the publica- tion of his voyage, by the agents of the North-west Company. This great association had been grow- ing up since 1784, upon the wreck of the French Canadian fur trade, and gradually absorbed into itself all the minor companies. It did not, how- ever, obtain its complete organisation till 1805, when it soon became a most formidable ri val to the Hudson's Bay Company, which had been chartered as early as 1670, and had all but succeeded in mo- nopolising the entire fur trade of North America, after the transfer of Canada to Great Britain. The Hudson's Bay Company, witl. the characteristic security of a chartered company, had confined their posts to the shores of the ample territory which had been granted to them by the charter of Charles XL, and left the task of procuring furs to the enterprise of the native hunters. The practice of the hunters was to suspend their chase during the summer months, when the fur is of inferior quality, and the animals rear their young, and to descend by the lakes and rivers of the interior to the established marts of the Company, with the produce of the past winter's campaign. The North-west Company adopted a totally different system. They dispatched their servants into the very recesses of the wilderness, to bargain with the i? I'OST AT FPAZER's I.AKF. 13 m unintor- Straits. es was to the enter- n the fur in this ex- 10 publica- N'orth-wcst been grow- hc French orbed into not, how- till 1805, ival to the : chartered led in mo- i America, tain. The racteristic ned their ry which Iharter of .g furs to le practice Ise during If inferior g, and to iterior to I with the The different into the Iwith the 4 iiativ(3 hunters at tlicir homos, Tliey cstal>lislic(l iriuUr'm(i partners in the interior of the country, to superhitcnd the intercourse with the various tribes of Indians, and employed at one time not fewer than 2000 voyagcurs or boatmen. The natives ])eing thus no longer called away from their pur- suit of the beaver and other animals, by the neces- sity of resorting as heretofore to the factories of tlie Hudson's Bay Company, continued on their hunting-grounds during the whole year, and were tempted to kill the cub and full-grown animal alike, and thus to anticipate the supply of future years. As the nearer hunting-grounds became exhausted, tlic North -wTst Company advanced their stations westwardly into regions previously unexplored, and, in 1806, they pushed forward a post across the liocky Mountains, through the passage where the Peace River descends through a deep chasm in the chain, and formed a trading establishment on a lake now called Frazer's Lake, situated in 54° N. L. J^'f <^"-'« ' Lake. " 7'///.«?," according to Mr. Greenhow, " icas the first settlement or post of any kind made by British sidtjects tcest of the Rocky Mountains.''^ It may be observed, likewise, that it was the first settlement made on the west of the Ivocky Mountains, hy civilised 7nen. It is from this period, according to Mr. Harmon, who was a partner in the Company, and the super- intendent of its trade on the western side of the Rocky Mountains, that the name of New Caledonia has been used to designate the northern portion of the Oregon territory. Other posts were soon afterwards formed amongst the Flat-head and Kootanie tribes on tlie head 11 MR. Thomson's mission. J u waters or main branch of tlic Colnmbia; and Mr. Ml. David Oavid Tliomson, the astronomer of the North-west 1 liijiiisun. Company, descended with a party to the mouth of the Columbia in 1811. Mr. Thomson's mission, ac- cording to Mr. Greenhow, was expressly intended to anticipate the Pacific Fur Company in the occu- pation of a post at the mouth of the Columbia. Such, indeed, may have been the ultimate intention, but the survey of the banks of the river, and the establishment of posts along it, Avas no less the object of it. Mr. Thomson was highly competent to conduct such an expedition, as may be inferred from the fact that he had been employed in 1798 to determine the latitude of the northernmost source of the Mississippi, and had on that occasion shown the impossibility of drawing the boundary line between the United States of America and Canada, due west from the Lake of the Woods to the Mississippi, as had been stipulated in the second article of the treaty of 1783. Mr. Thomson and his followers zvere, according to Mr. Greenhow, the first white persons loho navigated the northern branch of the Columbia^ or traversed any part of the country drained by it. The United States of America had, in the mean time, not remained inattentive to their own future commercial interests in this quarter, as they had de- spatched from the southeri? side an exploring party across the Rocky Mountains, almost immediately after their purchase of Louisiana in 1803. On this occasion, Mr. Jefferson, then President of the United States, Lewis and commissioncd Captains Lewis and Clarke " to ex- chirkc. piore the River Missouri and its principal branches I UNITKD STATES F.XrKDITION. l.-J ia; and Mr. North- west he mouth of mission, ac- sly intended in the occu- e Cohimbia. fce intention, ver, and the no less the y competent be inferred ^ed in 1708 )rthernmost (lat occasion e boundary mcrica and } Woods to the second omson and enhow, the lern branch the country the mean )wn future ey had de- ring party ately after s occasion, ed States, "to ex- branches t<» their <<.urc('!=<, and tlien to seek and trace to its termination in tlie Pacific some stream, whetiicr the Columbia, the Oregon, the Colorado, or any other, Avir.ch might offer the most direct and practi- cable water communication across the continent for the purposes of commerce." The party succeeded in passing the Rocky Mountains towards the end of September, 1805, and after following, by the advice of their native guides, the Kooskooskee River, Kooskoos- which they reached in the latitude 43° 34', to its junction with the principal southern tributary of the Great River of the West, they gave the name of Lewis to this tributary. Having in seven days afterwards reached the main stream, they traced it down to the Pacific Ocean, where it was found to empty itself, in latitude 46° 18'. They thus iden- tified the Oregon, or Great River of the West of Carver, with the river to whose outlet Captain Gray had given the name of his vessel, the Columbia, in 1792; and having passed the winter amongst the Clatsop Indians, in an encampment on the south side of the river, not very far from its mouth, which they called Fort Clatsop, they commenced, c°a*so with the approach of spring, the ascent of the Colombia on their return homeward. After reach- ing the Kooskooskee, they pursued a course east- ward till they arrived at a stream, to which ihey gave the name of Clarke, as considering it to be the upper part of the main river, which they had previously called Clarke rt its confluence with the Lewis. Here they separated, at about the 47th parallel of latitude. Captain Lewis then struck across the countiy, northwards, to the Rocky Mountains, JG MISSOURI FUR COMrAN\'. ^ \ I and crossed them, so as to reacli the head waters of the Maria River, Avliich empties itself into the Missouri just below the Falls. Captain Clarke, on the other hand, followed the Clarke River towards its sources, in a southward direction, and then crossed through a gap in the Rocky Mountains, so as to descend the Yellowstone River to the Missouri. Both parties united once more on the banks of the Missouri, and arrived in safety at St. Louis in Sep- tember, 1806. The reports of this expedition seem to have first directed the attention of traders in the United States to the hunting grounds of Oregon. The Missouri Missouri Fur Company was formed in 1808, and Company. Mr. Hcnry, one of its agents, established a trading post on a branch of the Lewis River, the great southern arm of the Columbia, lyiis seems to have been the earliest establishment of any kind made by citi- zens of the United States ivest of the Rocky Moun- tains. The hostility, however, of the natives, com- bined with the difficulty of procuring supplies, obliged Mr. Henry to abandon it in 1810. The Pacific Fur Company was formed about this time at New York, with the object of monopolising, if possible, the commerce in furs between China and the north-west coast of America. The head of John Jacob this association was John Jacob Astor, a native of Heidelberg, who had emigrated to the United States, and had there amassed very considerable wealth by extensive speculations in the fur trade. He had already obtained a charter from the Legislature of NcAV York in 1809, incorporating a company, under the name of the American Fur Company, to compete Astor. i ■•»» d waters of f into the lin Clarke, vcr towards and then )untains, so le Missouri, inks of the Duis in Sep- 3 have first the United 3gon. The 1808, and d a trading ', the great to have been %de by citi- ocky Moiiri' itives, corn- supplies, 810. The this time Dolising, if China and te head of a native of ted States, wealth by He had islature of my, under to compete rr PAinFIC FUR CO.\[rANV. with tlie Mackinaw Company of Canada, within the Atlantic States, of which lie was himself the real representative, according to his biogra- pher, Mr. Washington Irving, his board of di- rectors being merely a nominal body. In a si- milar manner, ]Mr. Astor himself writes to Mr. Adams in 1823, (Letter from J. J. Astor, of New York, to the Hon. J. Q. x4.dams. Secretary of State of the United States, amongst the proofs and illus- trations in the appendix to j\rr. Greenhow's work, ) " You will observe that the name of the Pacific Fur Company is made use of at the commencement of the arrangements for this undertaking. I pre- ferred to have it appear as the business of a com- pany rather than of an individual, and several of the gentlemen engaged, Mr. Hunt, ]\Ir. Crooks, Mr. ]\I'Kay, M'Dougal, Stuart, &c., were in efl'ect to be interested as partners in the undertaking, so far as respected the profit which might arise, but the means were furnished by me, and the property was solely mine, and I sustained the loss." Mr. Astor engaged, on this understanding, nine part- ners in his scheme, of whom six were Scotchmen, who had all been in the service of the North- west Company, and three were citizens of the United States. He himself had become naturalised in the United States, but of his Scotch partners the three at least who first joined him seem to have had no intention of laying aside their national character. as, previously to signing, in 1810, the articles cf agreement with Mr. Astor, they obtained from Mr. Jackson, the British Minister at Washington, an assurance that " in case of a war between the two c 17 i t r •■ 18 ASTORIA. i : nations, tliey would be respected as British subjects and merchants." Mr. Astor, having at last arranged his plans, despatched in September, 1810, four of his partners, with twenty-seven subordinate officers and servants, all British subjects, in the ship Tonquin, commanded by Jonathan Thorne, a lieutenant in the United States navy, to establish a settlement at the mouth of the Columbia river. They arrived at their destination Astoi in. in March , 1811, and erected in a short time a factory or fort on the south side of the river, about ten miles from the mouth, to which the name of Astoria was given. The Tonquin proceeded in June on a trading voyage to the northward, and was destroyed with her crew by the Indians in the Bay of Clyoquot, near the entrance of the Strait of Fuca. In the following month of July Mr. Thomson, the agent of the North-west Company, to whom allusion has already been made, descended the northern branch of the Columbia, and visited the settlement at the mouth of the Columbia. He was received with friendly hospitality by his old com- panion, Mr. M'Dougal, who was the superintendent, and shortly took his departure again, Mr. Stuart, one of the partners, accompanying him up the river as far as its junction with the Okina- gan, where he remained during the winter, collecting furs from the natives. The factory at Astoria, in the mean time, was reinforced in January, 1812, by a further detachment of persons in the service of the Pacific Fur Company, who had set out overland early in 1811, and after suffering extreme hardships, and losing several of their num- ber, at last made their way, in separate parties, 19 ;ish subjects his plans, lis partners, nd servants, commanded nited States LOuth of the ' destination me a factory , about ten ,e of Astoria n June on a is destroyed )f Clyoquot, r. Thomson, '■, to whom cended the visited the a. He was s old com- irintendent, Mr. Stuart, im up the he Okina- le winter, le factory nforced in of persons y, who had suffering ;heir num- tc parties, DISSOLUTION OF THE COMPANY'. to the mouth of the Columbia. A third de- tachment was brought by the ship Beaver, in the following May. All the partners of the Company, exclusive of Mr. Astor, had now been despatched to the scene of their future trading operations. Mr. Mackay, who had accompanied Mackenzie in his expedition to the Pacific in 1793, was alone wanting to their number : he had unfortunately proceeded northwards with Captain Thorne, in order to make arrangements with the Russians, and was involved in tlie common fate of the crew of the Tonquin. The circumstances, however, of this establishment underwent a great change upon the declaration of war by the United States against Great Britain in June, 1812. Tidings of this event reached the factory in January, 1813. In the mean time Mr. Hunt, the chief agent of the Company, had sailed from Astoria, in the ship Beaver, in August, 1812, to make arrangements for the trade along the northern coast ; whilst Mr. M'Dougal, the senior partner, with Mr. Mackenzie and others, superin- tended the factory. They were soon informed of the success of the British arms, and of the blockade of the ports of the United States, by Messrs. M'Tavish and Laroque, partners of the North-west Company, who visited Astoria early in 1813, with a small detachment of persons in the employment of that company, and opened negotiations with M'Dougal and Mackenzie for the dissolution of the Pacific Fur Company, and the abandonment of the establishment at Astoria. The association was in Pacific Fur consequence formally dissolved in July, 1813; andJissTveZ on the 16th of October following, an agreement c 2 » . I t t-.:,] r- 20 ARRIVAL 01< THE RACOON. Astoria. \ |: was executed between Messrs. M'Tavish and John Stuart, on the part of the North-west Company, and Messrs. M'Dougal, Mackenzie, David Stuart, and Clarke, on the part of the Pacific Fur Company, Transfer of by which all the establishments, furs, and stock in hand of the late Pacific Fur Company were trans- ferred to the North-west Company, at a given valuation, which produced, according to Mr. Green- how, a sum total of 58,000 dollars. It may be observed, that four partners only of the Pacific Fur Company appear to have been parties to this agree- ment ; but they constituted the entire body which remained at Astoria, Mr. Hunt being absent, as already stated, and Messrs. Crooks, Maclellan, and R. Stuart, having returned over-land to New York in the spring of 1813. The bargain had hardly been concluded when the British sloop of war, the Racoon, under the command of Captain Black, entered the Columbia river, with the express purpose of destroying the settlement at Astoria j but the establishment had previously be- come the property of the North-west Company, and was in the hands of their agents. All that remained for Captain Black to perform, was to hoist the British ensign over the factory, the name of which he changed to Fort George. Mr. M'Dougal and the majority of the persons who had been employed by the Pacific Fur Com- pany, passed into the service of the North-west Company ; and the agents of the latter body, with the aid of supplies from England, which arrived in 1814, were enabled to extend the field of their operations, and to establish themselves firmly in the country, undisturbed by any rivals. Arrival of the Kacoon \ i 21 li and John ; Company, I Stuart, and r Company, id stock in were trans- at a given Mr. Green- It may be Pacific Fur I this agree- body which absent, as :lellan, and New York ;d when the e command river, with ttlement at viously be- Company, All that m, was to the name le persons Fur Com- orth-west )ody, with arrived in of their firmly in CHAPTER II. ON THE DISCOVERY OF THE NORTH-WEST COAST OF AMERICA. Voyage of Francisco de UUoa, in 1539. — Cabrillo, in 1542. — Drake, in 1577-80. — The Famous Voyage. — The World Encompassed. Nuiio da Silva. — Edward Cliffe. — Francis Pretty not the Author of the Famous Voyage. — Fleiu'ieu. — Pretty the Author of the Voyage of Cavendish. — Purchas' Pilgrims. — Notes of Fletcher. — World Encompassed published in 1628. — Mr. Greenhow's Mistake in respect to the World Encompassed and the Famous Voyage. — Agreement between the World Encompassed and the Narrative of Da Silva. — Fletcher's Manuscript in the Sloane Collection of the British Museum. — Furthest Limit southward of Drake's Voyage. — Northern Limit 43° and upwards by the Famous Voyage, 48° by the World Encompassed. — The latter confirmed by Stow, the Annalist, in 1592, and by John Davis, the Navigator, in 1595, and by Sir W. Monson in his Naval Tracts. — Camden's Life of Elizabeth. — Dr. Johnson's Life of Sir F. Drake. — Fleurieu's Introduction to Marchand's Voyage. — Litroduction to the Voyage of Galianu and Valdes. — Alexander von Humboldt's New Spain . The Spaniards justly lay claim to the discovery of a considerable portion of the north-west coast of America. An expedition from Acapulco under Francisco Francisco de Ulloa, in 1539, first determined Call- " °"" fornia to be a peninsula, by exploring the Gulf of California from La Paz to its northern extremity. The chart, which Domingo del Castillo, the pilot of Ulloa, drew up as the result of this voyage, differs very slightly, according to Alexander von Humboldt, from those of the present day. Ulloa subsequently explored the western coast of California. Of th«j c 3 y.-.; 22 CABUILLO S VOYAGE. Cabrillo. h 11 extent of his discoveries on this occasion there arc contradictory accounts, but the extreme limit as- signed to them does not reach further north than Cape Engaiio, in 30° north latitude. In the spring of the following year, 1542, two vessels were despatched under Juan Rodriguez Ca- briUo from the port of Navidad. He examined the coast of California as far north as 37° 10', when he was driven back by a storm to the island of San Bernardo, in 34°, where he died. His pilot, Barto- lem6 Ferrclo, continued his course northwards after the death of his commander. The most northern point of land mentioned in the accounts of the ex- pedition which have been preserved, was Cabo de Fortunas, placed by Fnrrelo in 41°, which is sup- posed by Mr. Greenhow to have been the headland in 40° 20', to which the name of C. Mendocino was given, in honour of the viceroy, Mendoza. Other au- thors, however, whose opinion is entitled to consider- ation, maintain that Ferrelo discovered Cape Blanco in 43°, to which Vancouver subsequently gave the name of Cape Orford. (Humboldt, Essai Politique sur la NouveUe Espagne, 1. iii. c. viii. Introduc- cion al Relacion del Viage hecho por las Goletas Sutil y Mexicana en el afio de 1792.) The Bull of Pope Alexander VI., as is well known, gave to Ferdinand and Isabella of Spain all the New World to the westward of a meridian line drawn a hundred leagues west of the Azores. When England, however, shook off the yoke of the Pa- pacy, she refused to admit the validity of Spanish titles when based only on such concessions. Eliza- beth, for instance, expressly refused to acknowledge ■^ on there arc 10 limit as- north than ', 1542, two idrigucz Ca- ^amincd the 0', when he land of San )ilot, Barto- wards after st northern 5 of the ex- as Cabo de lich is sup- le headland docino was Other au- ;o consider- ape Blanco gave the Politique Introduc- as Goletas ell known, 11 the New ne drawn When |)f the Pa- Spanish Eliza- s. iiowledgc drake's voyage. 2;] ''any title in t^e Spaniards by donation of the Bishop of Rome, to places of which they were not in actual possession, and she did not understand why, there- fore, either her subjects, or those of any other Eu- ropean prince, should be debarred from traffic in the Indies." In accordance with such a policy. Sir Francis . Drake. Francis Drake obtained, through the interest of Sir Christopher Hatton, the vice-chamberlain of the Queen, her approval of an expedition projected by him into the South Sea. He set sail from Plymouth in 1577, passed through the Straits of Magellan in the autumn of 1578, and ravaged the coast of Mexico in the spring of 1579. Being justly appre- hensive that the Spaniards would intercept him if he should attempt to repass Magellan's Straits with his rich booty, and being likewise reluctant to encounter again the dangers of that channel, he determined to attempt the discovery of a north-east passage from the South Sea into the Atlantic by the reported Straits of Anian. There are two accounts, professedly complete, of Drake's Voyage. The earliest of these first occurs in Hakluyt's Collection of Voyages, published in 1589, and is intitled " The Famous Voyage of Sir Francis tiic Drake into the South Sea, and there-hence about voyage. the whole Globe of the Earth, begun in the yecrc of our Lord 1577." K was republished, by Ilakluyt, with some alterations, in his subsequent edition of 1598-1 GOO, and may be most readily re- ferred to in the fourth volume of the reprint of this latter edition, published in 1811. The other account is intitled " The "World Encompassed by Sir Francis Tiie Worid Drake, collected out of the notes of Mr. Francis pJJsed c 4 2i DRAKE S VOYAGE. ■I i: ^1 , :t. Nuno da Silva. Edward Cliffe. I'letclier, Preacher in this employment, and com- pared with divers others' Notes that went in the same Voyage." This work was first published in 1628, by Nicholas Bourne, and " sold at his shop at the Royal Exchange." It appears to have been compiled by Francis Drake, the nephew of the circumnavigator, as a dedication " to the truly noble Robert Earl of Warwick" is prefixed, with his name attached to it. It will be found most readily in the second volume of the Harleian collection of voyages. There are also to be found in Hakluyt's fourth volume, two independent, but unfortunately imperfect, narratives, one by Nuno da Silva, the Por- tuguese pilot, who was pressed by Sir F. Drake into his service at St. Jago, one of the Cape Verde islands, and discharged at Guatulco, where his account terminates ; the other by Edward Clifie, a mariner on board the ship Elizabeth, commanded by Mr. John Winter, one of Drake's squadron, which parted company from him on the west coast of South America, immediately after passing through the Straits of Magellan. The Elizabeth succeeded in repassing the straits, and arrived safe at Ilfracombe on June 2d, 1579 ; and Mr. Cliffe's narrative, being confined to the voyage of his own ship, is conse- quently the least complete of all, in respect to Drake's adventures. It is a disputed point, whether Drake, in his attempt to find a passage to the Atlantic by the north of California, reached the latitude of 48° or 43°. The Famous Voyage is the account on which the advocates for the lower latitude of 43° rely. The World Encompassed, supported by Stow the ^ .1 iJl^AKK S VliVA(;E. 25 , and coiii- iveiit in the ublished in his shop at have been ew of the truly noble 1, with his lost readily )llection of I Hakluvt's fortunately v^a, the Por- Drake into rde islands, is account mariner on ^ Mr. John ich parted of South rough the jceeded in Ifracombe Itive, being is conse- espect to |ke, in his Lc by the I of 48° or on which 143° rely. Stow the annalist and two independent naval authorities, c;o- teniporaries of Sir F. Drake, is cpioted in favour of the higher latitude of 48°. Before examining the internal evidence of the two accounts, it may be as well to consider the authority which is due to them from external circumstances, as Mr. Greenhow's account of the two works is calculated to mislead the judgment of the reader in this respect. Mr. Greenhow, (p. 73.) in referring to the Famous ti'^ 1 . ,, '.. 1 T^ • Famous. Voyage, says that it was "written by J^ rancis voyagc Pretty, one of the crew of Drake's vessel, at the request of Hakluyt, and published by him in 1589. It is a plain and succinct account of what the writer saw, or believed to have occurred, during the voyage, and bears all the marks of truth and authenticity." This statement could not but excite some surprise, as the Famous Voyage has no author's name at- tached to it, either in the first edition of 1589, or in any of the later editions of Hakluyt, the more so because Hakluyt himself, in his Address to the favourable reader, prefixed to the edition of 1589, leads us to suppose that he was himself the author of the work. "For the conclusion of all, the memorable voyage of Master Thomas Gandish into the South Sea, and from thence about the Globe of the Earth doth satisfie me, and I doubt not but will fully content thee, which as in time it is later than that of Sir Francis Drake, so in relation of the Philipphies, Japan, China, and the isle of St. Helena, it is more particular and exact ; and there- fore the want of the first made by Sir Francis Drake will be the lesse ; wherein 1 must confess to ..I ./ft 2(5 " THE FAMOUS VOYAGE. •, i\ have taken more than ordinary palnes, meanimj to have inserted it in this worke; but being of late (contrary to my expectation) seriously dealt with- iill, not to anticipate or prevent another man's puines and charge in drawing all the services of tliat worthie knight into one volume, I have yeelded unto those my freindes which pressed me in the matter, referring the further knowledge of his pro- ceedings to those intended discourses." Ilakluyt, however, appears to have had the narra- tive privately printed, and, contrary to the intention which he entertained at the time when he wrote his preface, and compiled his table of contents, and the index of his first edition, in neither of which is there any reference to the Famous Voyage, he has inserted the Famous Voyage between pages 643. and 644., evidently as an interpolation. It is nowhere stated that any copy of this edition exists, in which this interpolation does not occur. It is alluded to by Lowndes in his Bibliographical Manual, vol. ii. p. 853., art. " Hakluyt." It is printed apparently on the same kind of paper, with the same kind of ink, and in the same kind of type with the rest of the work, but the signatures at the bottom of the pages, by which term are meant the numbers which are placed on the sheets for the printer's guidance, do not correspond with the general order of the signa- tures of tliC work. This fact, combined with the circumstance that the pages arc not numbered, fur- nishes a strong presumption that it was printed subsequently to the rest of the work. On the other hand there is evidence that it was printed to bind up with the rest, from the circumstance that at the I FKANCIS 1'UI:TTY. 27 meaning to iig of late dealt with- ther man's services of Lve yeelded me in the of liis pro- l the narra- e intention 1 he wrote iitents, and )f which is ige, he has es 643. and is nowhere s, in which alluded to ml, vol. ii. arently on nd of ink, st of the the pages, »vhich are idance, do the signa- with the ered, fur- printed the other to bind lat at the bottom of the last page the word " Instructions" is printed to correspond with the first word at the top of p. 644., being the title of the next treatise, — " Instructions given by the Honorable the Lords of the Counsell to Edward Fenton, Esq., for the order to be observed in the voyage recommended to him for thcj East Indies, and Cathay, April 9, 1582." It can hardly be doubted that this account is the Hakiuyt. narrative about which Ilakluyt himself " had taken more than ordinary paines." Hakluyt, as is well known, was a student of Christ Church, Oxford, who, like his imitator Purchas. was imbued with a strong natural bias towards geographical studies, and himself compiled many of the narratives which his collection contained. This inference as to the authorship of the Famous Voyage, drawn from the allusion in Hakluyt's pre- face to the work, will probably appear to many minds more justifiable, if the claim set up in behalf of Francis Pretty can be shown to be utterly with- out foundation. It may be as well, therefore, to dispose of this at once. What may have been Mr. Greenhow's authority it would be difficult to say, though it may be conjectured, from another circum- stance which will be stated below, that he has been misled by an incorrect article on Sir Francis Drake in the Biographic UniverseUe. M. Eyries, the writer of this article, refers to Fleurieu as his au- thority. Fleurieu, however, who was a distinguished French hydrographer, and edited, in Paris, in the year VIII (1800) a work intitled "Voyage autour du monde, par Etienne Marchand," with which he published some observations of his OAvn, intitled Franci' Prtttv. i-'leurieu. 28 u VOYAGK IJ1-; UUACII. P ;t '' Keclieivlie.s sur les terres clu Driike," enuinonit'js briefly in the latter work tlic ditterent aceoiints of Drake's voyage, but he no where mentions the nunic of tlic author of tlic Famous Voyage. Fleurieu s hi formation, indeed, was not in every respect accurate, as lie states that the edition of Ilakluyt which con- tained the Famous Voyage " nc parut a Londres (]u'en IGOO." What he says, however, of the author, is comprised in a short note to this effect : — " Le gentilhomme Picard, (employe sur Tescadre de Drake) auteur de cette relation, en ayant remis une copie au Baron de St. Simon, Seigneur de Courtomer, celui-ci engagea Fran^'ois de Louven- court, Seigneur de Yauchelles, a en faire un extrait en Fran5ais sous le titre de ' le Voyage Curieux faict autour du monde par Fran9ois Drach, Admiral d'Angletcrre,' qui fut imprime cliez Gesselin, Paris, 1627, en 8vo.*' It might be supposed from this statement, that the work of M. de Louvencourt would disclose the name of the gentleman of Picardy, who had been the companion of Drake ; but on referring to the edition just cited of the French translation, the only allusion to Drake's companion which is to be found in the work, occurs in a few words forming part of the dedication to M. de St. Simon : — *' Or, Monsieur, je le vous dedie, parceque c'est vous que in'aviez donne, m'ayant fait entendre, que vous I'aviez eu d'un de vos sujets de Courtomer, qui a fait le meme voyage avec ce seigneur." Nothing further can safely be inferred from this, than that M. dc St. Simon received the English copy, which M. de Louvencourt made use of, from one of his enuiiicrut'js iccouiits of IS the iiiinic icuricu s ill zt accurate, which coii- a Londres Tr, of the is effect : — ir I'escadrc lyant remis eigneur dc le Louven- un extrait irieux faict 1, Admiral ielin, Paris, niient, that lisclose the ) had been iiig to the ation, the h is to be s forming : — " Or, vous que [que vous er, qui a Nothing hail that ^iy, which ine of lii(5 FLEUIUKI'. vassals who liad aC('om])aiiied Drake in Ii'h expedi- tion; but whether tliis I'icard sid)ject of tlie lord of Courtomer was the author of the narrative, does not appear from the meagre dedication, which sf.»ms to liave been the basis upon which Fleurieu's state- ment was founded. Fleurleu refers to the Famous Voyage as printed in duodecimo, in London, in the year IGOO. This edition, how(;ver, cannot be traced in the catalogue of the British ^[useum or the Bodleian Library, nor does Watt refer to it in his Bibliotheca Britan- nica: but J'leurieu may have had authority for his statement, though the size of the edition is at least suspicious. Even the French trans- lation of 1G27, of which there was an earlier edi- tion in 10)13, apparently unk ■oAvn to Fleurieu, is in 8vo, and an English edition of the Famous A'^oyagc, slightly modified, which was published in London in 1752, and may be found in the British Museum, is a very mean pamphlet, though in 8vo. The separate editions likewise of Drake's other voyages which are to be met with in public libraries are in small quarto, so that there would be no argument from analogy in favour of an edition in 12mo. The fact, however, of its having disappeared, might perhaps be urged as a sign of the insignificance of the edition. It is very immaterial, even if Fleurieu has ha- zarded a hasty statement in respect to there having been a separate edition of the Famous Voyage as early as 1600. Thus much, at least, is certain, that Fleurieu is incorrect in stating that the edi- tion of Hakluyt, in which it was inserted, did not 2 'J i 3g^^«» " The Worthy and Famous Voyage of Master Cavemiisii. Thomas Candishe, made round about the Globe of the Earth in the space of two yeeres and lesse than two months, begon in the yeere 1586," which is sub- scribcid at the end, " written by N. H. ;" but in his edition of 1600 he published a fuller and more com- plete narrative, intitled "The Admirable and Prosper- ous Voyage of the Worshipfull Master Thomas Can- disli, of Frimley, in the Countie of Suffolke, Esquire, into the South Sea, and from thence round about the circumference of the whole earth ; begun in the yeere of our Lord 1586, and finished 1588. Written by Master Francis Pretty, lately of Ey, in Suffolke, a gentleman employed in the same action." The author, in the course of the narrative, styles him- self Francis Pretie, and s?ys that he was one of the crew of the " Hugh Gallant, a barke of 40 tunnes," which with the Desire, of 120, and the Content, of 60 tons, made up Cavendish's small fleet. This Suf- folk gentleman, for several reasons, could not be the same individual as the Picard vassal of the lord of Courtomer, nor is it probable that he ever formed part of the crew of Drake's vessel in the Famous Voyage, as he no where alludes to the cir- cumstance, when he speaks of places which Drake visited, nor even when he describes the hull of a small bark, pointed out to them by a Spaniard, whom '^•>" is-, Wi i 'I f, ^1 I I 1 32 NUNO DA SILVA. they had lately taken on board, in the narrowest pnvt of the Straits of Magellan, " which we judged to be a barke called the John Thomas." Now it is contrary to all probability that the writer of this passage should have been one of Drake's crew, for the vessel, whose hull was seen on this occa- sion, was the Marigold, a bark of 50 tons, which had formed one of Drake's fleet of five vessels, and had been commanded by Captain John Thomas, which fact would have been known to one of Drake's companions, who could never have com- mitted so gross a blunder as to confound the name of the ship with the name of the captain. That the circumstances of the loss of the Marigold made no slight impression upon the minds of Drake's com- panions, is shown from its being alluded to in all the narratives of Nuno da Silva, Cliffe, and Flet- cher, without exception. Drake had succeeded in passing the Straits of Magellan mth three of his vessels: the Golden Hind, his own ship ; the Elizabeth, commanded by Captain Winter; and the Marigold, by Captain Thomas. On the 30th of September, 1578, the Marigold parted from them in a gale of wind, and was wrecked in the straits. On the 7th of October the Elizabeth likewise parted company from the Admiral; she, however, succeeded in making her way back through the straits, and arrived safe at Ilfracombe on the 7th June, 1579. It is singular that, in all the three accounts, which are known to be written by companions of Drake, the separation of the Marigold, as well as of the Elizabeth, is alluded to ; whereas, in the l^amous Voyage, there is I a ii THE FAMOUS VOYAGE " AN ANONYMOUS ^VORK. 09 arrowest e judged Now it vriter of e's crew, his occa- is, Avhich sels, and Thomas, I one of vc corn- he name Tliat the made no :e's com- to in all Hd Flet- raits of Golden ded by iCaptain 78, the |nd, and 'ctober •ni the [ng her safe at fngular )wn to iration ith, is lere is no allusion to the loss of the Marigold, but only to the separation of the Elizabeth, whose safe arrival in England made the fact notorious. If Ilakluyt wrote the Famous Voyage, the general notoriety of the separate return of the Elizabeth would account for his nul overlooking that circumstance, whilst he omitted all allusion to the Marigold, about which his information would be comparatively imperfect. If one of Drake's own crew was the author, it is difficult to suppose that he would have carefully alluded to " their losing sight of their consort, in which Mr. Winter was,'' who did not perish, and should omit all mention of the loss of the Marigold, which is spoken of in the World Encompassed " as th' b rrowful separation of the Marigold from us, in ^ c was Captain John Thomas, with many othcio of our dear friends." The course of this inquiry seems to justify the following conclusions : that the " Famous Voyage of Sir Francis Drake " is, strictly speaking, an anony- mous work ; that it is very improbable that it was compiled by one of Drake's crew ; on the contrary, Hakluyt's own preface to his edition of 1589 seems to warrant us in supposing that he had liimself been employed in preparing the narrative, which he printed separately from the rest of his work, but subse- quently inserted into it. Hakluyt had most probably procured information from original sources, but he had certainly not access, in 1589, to what he subse- quently considered to be more trustworthy sources, for he made various alterations in his narrative, in his edition of 1600. There is assuredly not the slightest groiuid for attributing it to Francis Pretty ; D i' '-J 'J '5;v. I)' If «. I 'I 34 i' ; I Notes of Francis Fletcher. PURCHAS' PILGRIMS. and if M. Eyries was the originator of this mis- take, he must undoubtedly have confounded the Famous Voyage of Drake with the Famous Voyage of Candish. All that can be inferred from M. de Louvencourt's dedication of his French trans- lation to M. de St. Simon is, that the Lord of Courtomer had received the English original from one of his vassals, who had sailed with Drake ; but the most ingenious interpretation of his words will not warrant us in inferring that the donor was likewise the author of the work. It may be not unworthy of remark, that Purchas, in the fifth volume of his Pilgrims, (p. 1181.) gives a list of persons known to the world as the com- panions of Drake, in which the name of Francis Pretty is not found. " Men noted to have com- passed the world with Drake, which have come to my hands, are Thomas Drake, brother to Sir Francis, Thomas Hood, Thomas Blaccoler, John Gripe, George a musician. Crane, Fletcher, Gary, Moore, John Drake, John Thomas, Robert Win- terly, Oliver the gunner, &c." It would be a reflection upon the well-known pains-taking research of Purchas, to suppose that he would have omitted from his list the name of the author of the Famous Voyage, had he been really one of Drake's crew. The other narrative, which is far more full and complete than the Famous Voyage, is intitled "The World Encompassed." It was published under the superintendence of Francis Drake, a nephew of the Admiral, if not compiled by him ; the foundation of it, as stated in the title, seems to have been the notes of Francis Fletcher, the chaplain of Drake's -it THE WORLD ENCOMPASSED. 35 his mis- ded the Famous •ed from ;h trans- Lord of lal from ike; but ►rds will Qor was Purchas, [.) gives lie com- Francis v^e corn- come to to Sir r, John •, Gary, 't Win- d be a •esearch omitted amous rew. ill and "The der the of the idation 3en the Drake's •i f -I '.ft ■;§! vessel, " compared with divers others' notes that went in the same voyage." Fleurieu, in speaking of this work, says : " Celle-ci est le recit d'lin temoin oculaire : et la fonction qu'il remplissait a bord du vaisseau amiral pourrait faire presumer que, s'il n'^tait pas I'homme de la flotte le plus experiment^ dans I'art de la navigation, du moins il devait etre celui que les etudes exigees de sa profession avaient mis le plus a portee d'acquerir quelques connais- sances, et qui pouvait le mieux cxprimer ce qu'il avait vu." (Recherches sur les terres australes de Drake, p. 227.) Fleurieu, in further illustration of the probable iitness of Fletcher for his task, refers to the excellent account of Anson's Voyages, written by his chap- lain, R. Walter, and to the valuable treatise on naval evolutions, compiled by the Jesuit Paul Hoste, the chaplain of Tourville. The earliest edition of" The World Encompassed" ^I'e woria appcared m 1628, and a copy of this date is to be passed. found in the Bodleian Library, at Oxford. It was printed for Nicholas Bourne, as " the next voyage to that to Nombre de Dios, in 1572, formerly im- printed." A second edition was printed in 1635, and is in the King's Library at the British Museum. A third edition was published in 1652, and may be found in the Library of the British Museum. It was therefore impossible not to feel surprise at Mr. Greenhow's deliberately stating, that this work was not published before 1652, the more so as Watts in his Bibliotheca Britannica refers to the first edition of 1628. It is the coincidence of this second error, which warrants the supposition that D 2 0-4 .r .11 t m i..::\ W- '^■*-^; 'f /( ^l'-:. ;*-,>: ^i ^^ ?• ■^l ;iG MR. GREENHOW'S ERRORS. '14 Si .1. Mr. Greenhow has placed too implicit a faith in the writer of the article upon Drake, in the Bio- graphic Universelle. M. Eyri6s, the author of that article, there writes, " Un autre ouvrage original est celui qui fut compose sur les memoires de Francis Fletcher, chapelain sur le vaisseau de Drake. Ces mc^moires furent compares et fondus avec ceux de plusieurs autres personnes qui avaient et^ employ(5es dans la meme expc^ditioii ; le resultat de ce travail parut sous ce titre : The World En- compassed, by Sir F. Drake, collected out of the notes of Master F. F., preacher in this employment, and others. Londres, 1652, 8vo." There is another slight error in this statement, as the work is a small 4to, not an 8vo. The cr- It has bccu dccmcd the more necessary to point Mr. Green- out carcfully the crrors of Mr. Greenhow, in regard to these two narratives, because he contrasts them expressly (p. 74.), as " the one proceeding entirely from a person who had accompanied Drake in his expedition, and published in 1589, during the life of the hero ; the other compiled from various ac- counts, and not given to the world until the middle of the following century." In respect to the narrative of the World Encom- passed, Mr. Greenhow thus expresses himself : — "It is a long and diffuse account, filled with dull and ge- nerally absurd speculations, and containing, more- over, a number of statements, which are positive and evidently wilful falsehoods ; yet it contains scarcely a single fact ": related in the Famous Voyage, from which m y sentences and para- graphs are taken verbat .m, while others convey the liow, ri Fletcher's journal. 'M faith in the Bio- thor of ouvrage lemoires seau de b fondus avaient resultat rid En- of the oyment, another )rk is a to point I regard ts them entirely in his the life Ions ac- middle mcom- I: — "It md ge- more- lositive mtains lamous para- ?y the same meaning in different terms. The journal, or supposed journal of Fletcher's, remains in manu- script in the British Museum; and from it were derived the false statements above mentioned, ac- cording to Barrow, who consulted it." Mr. Greenhow's opinion of the length and dif- fuseness of the narrative, and of the dullness and general absurdity of the speculations, "r)^ probably be acquiesced in by those who have read the World Encompassed, but the rest of his observations have been made at random. The World Encompassed does not profess to be an original work, but to be a compilation from the notes of several who went the voyage. It is therefore highly probable that the compiler had before him " The Famous Voyage" amongst other narratives, and we should be pre- pared to find many statements alike in the two accounts. But it seems hard to suppose with Mr. Greenhow, that, where the World Encompassed differs from the Famous Voyage, the statements are " positive and evidently wilful falsehoods." There are several statements, for instance, where the two narratives differ, and where the World En- compassed agrees with Nufio da Silva's account, or with Cliffe's narrative. For instance, on the second day after clear- ing the Straits of Magellan, on Sept. 7th, a vio- lent gale came on from the north-east, which drove Drake's three vessels, the Golden Hind, the Eliza- beth, and the Marigold, to the height of 57° south according to CHffe, and about 200 leagues in longitude west of the strait, according to the Famous Voyage. They could make no head against the gale 1) 3 ir^ i j' It : ^ 5 • I- ' ' I ■I ^, a8 Southein Terra In- coguitu. k- ] b SOUTHERN TERRA INCOGNITA. for three weeks, and during that interval there was an eclipse of the mor i, which is alluded to in all the narratives. According to Nuno da Silva, tliey lay driving about without venturing to hoist a sail till the last day of September, and about this tune lost sight of the Marigold. The Elizabeth still kept company with the Golden Hind, but on or before October 7th, Drake's vessel parted from her consort. We now come to a very important event in Drake's voyage, which would seem to be one of the supposed " positive and evidently wilful false- hoods," to which Mr. Greenhow alludes. The Famous Voyage conducts Sir F. Drake in fi continuous course north-westward, after los^..^ sight of the Elizabeth, to the island of Mocha, in 88° 30' south, Avhereas the World Encompassed says, that " Drake, being driven from the Bay of the Parting of Friends out into the open sea, was carried back again to the southward into 55° south, on which height they found shelter for two days amongst the islands, but were again driven further to the southward, and at length fell in with the uttermost part of land towards the South Pole," in about 56° south. Here Fletcher himself landed, and travelled to the southernmost point of the island, beyond which there was neither continent nor island, but one wide ocean. We altered the name, says Fletcher in his MS. journal, from Terra Incognita, to Terra nunc bene Cognita. Now this account in the World Encompassed, varying so totally from that in the Famous Voyage, is fully borne out by the positive evidence of Nuno da Silva, who says, that after losing sight of an- m CONFUSION IN "famous VOYAGE." 89 val there 3ed to in da Silva, ; to hoist bout this Elizabeth but on or from her mt event 3 be one [ful false- rake in n T loSi...^ [ocha, in Dmpassed e Bay of sea, was )° south, wo days I further vith the Pole," landed, of the ntinent red the 1, from a. Now [varying ^age, is Nuno of an- other ship of their company, the Admiral's ship being now loft alone, with this foul weather they ran till they were under 57°, where they entered into the haven of an island, and stayed there three or four days. The Famous Voyage would lead the reader to suppose, that after leaving the Bay of Severing of Friends, the Elizabeth and Golden Hind were driven in company to 57° 20' south ; but it is altogether contrary to probability that Cliife should have omitted the fact of the Elizabeth having been in company with Drake when he dis- covered the southernmost point of land, had such been the case. The author of the Famous Voyage has evidently mixed up the events of the gale in the month of September with those of the storm after the 8th of October. This is a very striking instance of the truth of Captain W. Burney's remark, " that the author of the Famous Voyage seems purposely, on some occasions, to introduce confusion as a cloak for ignorance." Again, the World Encompassed mentions that Drake was badly wounded in the face with an arrow by the natives in the island of Mocha, about which the Famous Voyage is altogether silent, but Nuno da Silva confirms this statement. Other instances might be cited to the like purport. Mr. Greenhow, at the end of his note already cited, says, " The journal or supposed journal of Fletcher remains in MS. in the British Museum, and from it were derived the false statements above mentioned, according to Barrow, who consulted it." Mr. Greenhow has nowhere particularised what these false statements are, unless he means that the n I) 4 ■t- '■ ^» 40 FLETCHElt S MANUSCKirT. 1 I 1/. A X ■"' it .i Mului- script of Francis Fletcher. statements are false which are at variance with the Famous A^oyage. It is evident, however, that such a view assumes the whole point at issue between the two narratives to be decided upon internal evi- dence in favour of the Famous Voyage, which a careful examination of the two accounts will not justify. But it is incorrect to refer to Fletcher's journal, as the source of the assumed false statements in the World Encompassed. The inanuscript to which Captain James Burney refers, in his Voyage of Sir Francis Drake round the world, as " the manu- script relation of Francis Fletcher, minister, in the British IMusuem," forms a part of the Sloane Collection, in which there is likewise a MS. of Drake's previous expedition to Nombre ile Dios. It is not, however, properly speaking, a MS. of Fletcher's, but a MS. copy of Fletcher's MS. It bears upon the fly-leaf the words, " e libris Joh. Con- yers, Pharmacopolist, — Memorandum, Hakluyt's Voyages of Fletcher." Its title runs thus: " The First part of the Second Voyage about the World, attempted, contrived, and happily accomplished, to wit, in the time of three years, by Mr. Francis Drake, at her Highness's com^-and, and his com- pany : written and faithfully laid down by Ffrancis Ffletcher, Minister of Christ and Presbyter of the Gospel, adventurer and traveller in the same voyage." On the second pr.ge is a map of Eng- land, and above it these words : " This is a map of England, an exact copy of the original to a hair ; that done by Mr. Ffrancis Ffletcher, in Queen Eliza- beth's time ; it is copied by Jo. Conyers, citizen L MK. FRANCIS DHAKE. 41 2 witli tlie that such twcen the crnal evi- , which a s will not 's journal, ints in the to which ige of Sir he manu- nister, in le Sloane a MS. of lie Dios. a MS. of I MS. It Joh. Con- lakluyt's s: "The e World, Lshed, to Francis is com- Ffrancis r of the le same |of Eng- map of a hair; n Eliza- citizen >4 3 iiud apothecary of London, together with the rest, and by the same hand, as follows." The work appears to have been very carefully executed by Conyers, and is illustrated with rude maps and drawings of plants, boats, instruments of music and warfare, strange animals, such as the Vitulus marinus and others, which are referred to in the text of the MS. opposite to which they are generally depicted, and each is specially vouched to be a faithful copy f Fletcher's MS. There is no date assigned to Fletcher's own MS., but we might fairly be warranted in referring it to a period almost immediately subseq.uent to the happy accomplishment of the voyage, from the leader of the company being spoken of as "Mr. Francis Drake." The Golden Hind reached Eng- land in November, 1580, and Drake Avas knighted by Queen Elizabeth in April, 1581 ; there was then an interval of four months, during which the circumstances of his voyage and his conduct were under the consideration of the Queen's Council, and Fletcher may have completed his journal before their favourable decision led to Drake's receivino- the honour of knighthood. On comparing the World Encompassed with this MS., it will be found that most of the speculations, discussions, and fine writing in the World Encompassed have emanated from the nephew of the hero, or whoever may have been the compiler of the work, and have not been derived from this MS., which is written in rather a sober style, and is much less diffuse than might reasonably be expected. Fletcher's imagination seems certainly to have been much affected by the , ! ■ ,, «?: It 42 LOSS OF THE MARIGOLD. .J. I h .1 1 J' r giant stature of the Patagonians, and by the terrible tempest which dispersed the fleet after it had cleared tlie Straits of Magellan. In respect to the Pata- gonians, Cliffe, it must be allowed, says, they were " of a mean stature, well limbed, and of a duskish tawnic or browne colour." On the other hand, Nuno da Silva says, they were " a subtle, great, and well-formed people, and strong and high of stature." Whichever of the two accounts be the more correct, this circumstance is certain, that four of the natives beat back six of Drake's sailors, and slew with their arrows two of them, the one an I^lnglishman and the other a Netherlander, so that they could be no mean antagonists. In respect to the tempest, the events of it must have with reason fixed themselves deep into Fletcher's memory, for he writes in his journal, " About which time the storm being so outrageous and furious, the barke Marigold, wherein Edward r»right, one of the ac- cusers of Thomas Doughty, was captain, with 28 souls, was swallowed up, which chanced in the second watch of the night, wherein myself and John Brewer, our trumpeter, being watch, did hear their fearful cries continued without hope, &c." Limit of There is a greater discrepancy between the Fa- expedition mous Voyage and the World Encompassed, as to the furthest limit of Drake's expedition to the north of the equator, than, as already shown, in regard to the southern limit. We have here, un- fortunately, no independent narrative to appeal to in support of either statement, as the Portuguese pilot was dismissed by Drake at Guatulco, and did not accompany him further. Hakluyt himself does to the nortli • i NOUTIIERN LIMIT OF DPAKK's VOYAGE 4;i le terrible ad cleared the l*atii- tliey were a duskish ler hand, le, great, d high of its be the that four ilors, and le one an r, so that respect to ith reason mory, for time the ;he barke the ac- with 28 in the self and did hear «&c." the Fa- d, as to to the Dwn, in ere, un- •peal to tuguese ,nd did If does not follow the same version of the story in the two editions of his narrative. In the Famous Voyage, as interpolated in the edition of 15SI), he gives 55;^° south, as the furthest limit southward; but in the edition of 1600, he gives 57^°; in a similar manner we find 42° north, as the highest north- ern limit mentioned in the edition of 1589, whilst in that of 1600 it is extended to 43°. Hakluyt thus seems to have found that his earlier inform- ation was not to be implicitly relied upon, but we have no clue to the fresh sources to which he had at a later period found access. The Worid En- compassed, on the other hand, continues Drake's course up to the 48th parallel of north latitude. The two narratives, however, do not appear t 1 c altogether irreconcilable. In the Famous Voyage , as amended in the edition of 1600, we have this statement : — " We therefore set sail, and sayled (in longitude) 600 leagues at the least for a good ^vinde, and thus much we say led from the 10 of April till the 3 of June. The 5 day of June, being in 43 degrees towards the pole arcticke, we found the ayre so colde that our men, being greevously pinched with the same, complained of +he extremitie thereof, and the further ice ivent^ the rao' u the colclin- creased upon us. Whereupon we thought it best for that time to seek the land, aiA did so, finding it not mountainous, but low [/laine land, till we came within 38 degrees towards the line. In which height it pleased God lo send us into a faire and good baye, with a good winde to enter the same." It will be seen from this account, that it was in the 43d, or, as in the earlier edition of 1580, the Famous Voyage. V ■■ *; ■■'■•■ • \ ''' > hi tif , r ■-*, 44 EXTUEMK COLD. ■U 1 -, I I ,1- 42(1 pumllel of north lat., that tlie cold was first felt so intensely by Drake's crew, and that the fur- ther they went, the more the cold increased upon them ; so that from the latter passage it may be inferred that they did not discontinue their course at once as soon as they reached the 43d parallel. It appears, likewise, that Drake, from the nature of the wind, was obliged to gain a considerable offing, before he could stand towards the north- ward : 600 leagues m longitude, according to the first edition (the second edition omitting the words ' in longitude '), which does not differ much from Tiie World the World Encompassed. The latter states, — passed. " Froui Guatulco, or Aquatulco, we departed the day foUomng, viz. April 16, setting our course di- rectly into the sea, whereupon we sailed 500 leagues in longitude to get a wind ; and between that and June 3, 1400 leagues in all, till we came into 42 degrees of latitude, where the night following we found such an alteration of heat into extreme and nipping cold, that our men in general did grievously complain thereof." The cold seems to have increased to that ex- tremity that, in sailing two degrees further north, the ropes and tackling of the ship were quite stiffened. The crew became much disheartened, but Drake encouraged them, so that they resolved to endure the uttermost. On the 5th of June they were forced by contrary winds to run into an ill-sheltered bay, where they were enveloj^ed in thick fogs, and the cold becoming still more severe, " commanded them to the southward whe- ther they would or no." " From the height of 48 lrvi':;i.;:;; '.-X MR. GREENIIOW S OBJECTIONS 4r. was tirst at the fiir- sased upon it may be leir course parallel, the nature nsiderable ;he north- ing to the the words luch from states, — )arted the course di- OO leagues that and le into 42 owing we erne and rievously that ex- cr north, re quite iartened, resolved of June un into iveloi^ed "11 more 'd whe- it of 48 degrees, in which now we were, to 38, we found the land by coasting along it to be but low and reasonable plain : every hill (whereof we saw many, but none very high), though it were in June, and the sun in liis nearest approach to them, being covered with snow. In 38° 30' we fell in with a convenient and fit harbour, and June 17th came to anchor therein, where we continued till the 23d day of July following." The writer of this account, in another paragraph, confirms the above statement by saying, " add to this, that though we searched the coast diligently, even unto 48°, yet found we not the land to trend so much as one point in any place towards the East, but rather running on continually north-west, as if it went directly into Asia." Mr. Greenhow is disposed to reject the statement Mr.crocn- of the World Encompassed, for two reasons : first, je°cTion^!' because it is improbable that a vessel like Drake's could have sailed through six degrees of latitude from the 3d to the 5tli of June ; secondly, because it is impossible that such intense cold could be experienced in that part of the Pacific in the month of June, as is implied by the circumstances narrated, and therefore they must be " direct falsehoods." The first objection has certainly some reason in it; but in rejecting the World Encompassed, Mr. Greenhow adopts the Famous Voyage as the true narrative, so that it becomes necessary to see whether Hakluyt's account is not exposed to objec- tions equally grave. Hakluyt agrees with the author of the AVorld Encompassed, in dating Drake's arrival at a convc- 1 , f ■• Hi' ■■ y il ■ ■' ji; • j f%l ; 1^ ■.. (! •i.. !; '. }' 40 'I Intense colli. SIR F. drake's port. nient harbour on June 17. — (Hakluyt gives this date in vol. iii. p. 524.) — so that Drake would have consumed twelve days in running back three and a half degrees, according to one version of the Famous Voyage, and four and a half degrees according to the other, before a wind which was so violent that he could not continue to beat against it. There is no doubt about the situation of the port where Drake took shelter, at least within half a degree, that it was either the Port de la Bodega, in 38° 28', as some have with good reason supposed (Maurelle's Journal, p. 526., in Barrington's Miscellanies), or the Port de los Reyes, situated between La Bodega and Port San Francisco, in about 38°, as the Spa- niards assert ; and there is no difference in the two stories in respect to the interval which elapsed after Drake turned back, until he reached the port. There is, therefore, the improbability of Drake's vessel, according to Hakluyt, making so little way in so long a time before a wind, to be set off against the improbability of its making, according to the World Encompassed, so much way in so short a time on a wind, the wind blowing undoubtedly all this time very violently from the north-west. Many persons may be disposed to think that the two improbabihties balance each other. In respect to the intense cold, it must be remem- bered that the Famous Voyage, equally with the World Encompassed, refers to the great extremity of the cold as the cause of Drake's drawing back again till he reached 38°. There can, therefore, be no doubt that Drake did turn back on account of his men being unable to bear up against the cold, m TRENDING OF THE COAST WESTWARD. 47 jives tlii8 ould have ree and a e Famous ording to 3lent that There is )rt where a degree, n 38° 28', yiaurelle's anies), or ,a Bodega the Spa- ll the two .psed after the port, f Drake's little way if against ig to the short a tedly all th-west. that the remem- rith the ctremity ig back ifore, be fount of cold, 4 after having so lately come out of the extreme heat of the tropics "s it more probable that this intense cold should have been experienced in the higher or the lower latitude? for the intense cold must be admitted to be a fact. Drake seems to have been exposed to one of those severe winds termed Northers, which in the early part of the summer bring down the atmosphere, even at New Orleans and Mexico, to the temperature of winter ; but without seeking to account for the cold, as that would be foreign to the present inquiry, the fact, to whatever extent it be admitted, would rather support the statement that Drake reached the 48th parallel, than that he was constrained to turn back at the lower latitude of 43°. It may likewise be observed, that the descrip- Trending tion of the coast, " as trending continually north- coast! westward, as if it went directly into Asia," would correspond with the 48th parallel, but be altogether at variance with the 43d ; and it is admitted by all that Drake's object was to discover a passage from the western to the eastern coast of North America. His therefore finding the land not to trend so much as one point to the east, but, on the contrary, to the westward, whilst it fully accounts for his changing his course, determines also where he decided to return. It should not be forgotten that the statement in the World Encompassed, that the coast trended to the westward in 48°, was in contradiction of the popular opinion regarding the supposed Straits of Anian, and if it were not the fact, the author hazarded, without an adequate object, the rejection of this part of his narrative, and ':1 t' :M i '% 48 STOW, THE ANNALIST. I'. : ' Stow, the annalist. ,'■■.' f'i;, . I »■•■ , (' d unavoidably detracted from his own character for veracity. We have, however, two cotemporaries of Sir Fran- cis Drake, who confirm the statement of the World Encompassed. One of these has been strangely overlooked by Mr. Greenhow ; namely, Stow the annalist, who, under the year 1580, gives an ac- count of the return of Master Francis Drake to England, from his voyage round the world. " He passed" he says, "forth northward, till he came to the latitude of forty-seven, thinking to have come that way home, but being constrained by fogs and cold winds to forsake his purpose, came backward to the line ward the tenth of June, 1579, and stayed in the latitude of thirty-eight, to grave and trim his ship, until the five-and-twenty of July." This is evidently an account derived from sources quite distinct from those of either of the other two narratives. It occurs as early as 1592, in an edi- tion of the Annals which is in the Bodleian Library at Oxford, so that it was circulated two years at least before Drake's death. The other authority is that of one of the most celebrated navigators of Drake's age, John Davis, of Sandrug by Dartmouth, who was the author of a work in titled " The World's Hydrographical Dis- Hydrogra- covcry." It was " imprinted at London, by Tho- cove?y. '^' nias Dawsou, dwelling at the Three Cranes in the Vine-tree, in 1595," and maybe found most readily in the 4th volume of the last edition of Hakluyt's Voyages. After giving some account of the dan- gers which Drake had surmounted in passing through the Straits of Magellan, which Davis had himself .Tolin Davis. The World's ^' : •acter for Sir Fran- le A¥orld strangely Stow the iS an ac- Drake to d. " He 3 came to ave come fogs and )ackward id stayed and trim " This ces quite her two an edi- Library years at le most Q Davis, hor of a cal Dis- by Tho- in the readily ikluyt's e dan- Ihrough himself monson's naval tracts. 49 sailed through three times, he proceeds to say, that " after Sir Francis Drake Avas entered into the South Seas, he coasted all the western shores of America, until he came into the septentrional lati- tude of forty-eight degrees, being on the back side of Newfoundland." Now Davis is certainly entitled to respectful attention, from his high character as a navigator. He had made three voyages in search of a north-west passage, and had given his name to Davis' Straits, as the discoverer of them ; he had likewise been the comjianion of Cavendish in his last voyage into the South Seas, in 1591-93, when, having separated from Cavendish, he discovered the Falkland islands. He was therefore highly compe- tent to form a correct judgment of the value of the accounts which he had received respecting Drake's voyage, nor was he likely, as a rival in the career of maritime discovery, to exaggerate the extent of it. We find him, on this occasion, deliberately adopting the account that Drake reached that por- tion of the north-west coast of America, which corresponded to Newfoundland on the north-east coast, or, as he distinctly says, the septentrional la- titude of 48 degrees. Davis, however, is not the only naval authority of that period who adopted this view, for Sir William Monson, who was admiral in the reign of '^i'' ^^• Elizabeth and James L, and served in expeditions against the Spaniards under Drake, in his intro- duction to Sir Francis Drake's voyage round the world, praises him because " lastly and principally that after so many miseries and extremities he en- dured, and almost two years spent in unpractised E a: A? ■■/' V-' ■:^^^: m 50 MR. GREENIIOW'S OBJECTIONS. !f f If' 'I ;!• i I .i 11 M I 'l ''. ^- -!* I f ; '■■ [■ I , I , ■ ' f-t .1 VI seas, when reason would have bid him sought home for his rest, he left his known course, and ventured upon an unknown sea in forty-eight degrees, which sea or passage we know had been often attempted by our seas, but never discovered." And in his brief review of Sir F. Drake's voyage round the world, he says, " From the 1 6th of April till the 5th of June he sailed without seeing land, and arrived in forty-eight degrees, thinking to find a passage into our seas, which land he named Albion." (Sir W. Monson's Naval Tracts, in Churchill's Col- lection of Voyages, vol. iii. pp. 367, 368.) Mr. Greenhow (p. 75.) says, that Davis' assertion carries with it its own refutation, " as it is nowhere else pretended that Drake saw any part of the west coast of America between the 17th degree of lati- tude and the 38th." But surely Davis might use the expression, " coasted all the western shores of America," without being supposed to pretend that Drake kept in sight of the coast all the way. The objection seems to be rather verbal than substantial. Again, Sir W. Monson is charged by the same author with inconsistency, because he speaks of C. Mendocino as the " furthest land discovered," and the " furthermost known land." But Sir W. Mon- son is on this occasion discussing the probable ad- vantages of a north-west passage as a saving of distance, and he is speaking of C. Mendocino, as the "furthermost known part of America," i.e. the furthermost headland from which a course might be measured to the Moluccas, and he is likewise referring especially to the voyage of Francisco Gali, so that this objection is more specious than solid. f j t CAMDEN S ELIZABETH. 51 ught home 1 ventured ^ees, which attempted .nd in his round the •il till the land, and to find a d Albion." chill's Col- ) ' assertion Ls nowhere f the west ee of lati- might use shores of tend that ay. The bstantial. ;he same -ks of C. ed," and |W. Mon- able ad- ding of Kino, as i.e. the might (likewise Bco Gali, In soHd. 4 ] It should likewise not be forgotten, that in the most approved maps of that day, in the last edition of ( h'tclius, for example, and in that of Ilondius, which is given in Purchas' Pilgrims, C. Mendocino is the northernmost point of land of North America. It may also not be amiss to remark, that in the map which Mr. Hallam (in his Literature of Europe, vol. ii. c. viii. § v.) justly pronounces to be the best map of the sixteenth century, and which is one of un- common rarity, Cabo Mendocino is the last head- land marked upon the north-west coast of America, in about 43" north latitude. This map is found with a few copies of the edition of Hakluyt of 1589: in other copies, indeed, there is the usual inferior map, in which C. Mendocino is placed between 50° and 60°. The work, however, in which it has been examined for the present purpose, is Hakluyt's edition of 1600, in which it is sometimes found with Sir F. Drake's voyage traced out upon it : but in the copy in the Bodleian Library, no such voyage is observed ; whilst the line of coast is continued above C. Mendocino and marked, in large letters, " Nova Albion." Thus Hakluyt himself, in adopting this map as " a true hydrographical description of so much of the world as hath been hitherto discovered and is common to our knowledge," has so far admitted that Nova Albion extended beyond the furthest land discovered by the Spaniards. On the other hand, Camden, in Camden. his Life of Elizabeth, first published in 1615, adopts the version of the story which Hakluyt had put forth in his earliest edition of the Famous Voyage, making the southern limit 55° south, and the north- ern 42° north, which Hakluyt has himself rejected E 2 ^^i^' '•'-''.'. '.'1 .V. r 52 Johnson's life of drake. ^1 J .1? ■ily 'if 5 ! • I ii Dr. John- sun. in his later edition. There can be little doubt that Camden's account bears internal evidence of having been copied in the main from Hakluyt. Purchas, as we may gather from his work, merely followed Ilakluyt. In addition to these, Mr. Grcenhow enumerates several comparatively recent authors as adopting Hakluyt's opinion. Of these, perhaps. Dr. John- son has the greatest renown. He published a Life of Drake in parts, in five numbers of the Gentleman's Magazine for 1740-41. It was, how- ever, amongst his earliest contributions, when he was little more than thirty years of age, and therefore is not entitled to all the weight which the opinion of Dr. Johnson at a later period of life might carry with it. But as it is, the passage, as it stands at present, seems to involve a clerical error. " From Guatulco, which lies in 15° 40', they stood out to sea, and without approaching any land, sailed forward till on the night following the 3d of June, being then in the latitude of 38°, they were suddenly benumbed with such cold blasts that they were scarcely able to handle the ropes. This cold increased upon them, as they proceeded, to such a degree, that the sailors were discouraged from mounting upon deck ; nor were the effects of the climate to be imputed to the warmth of the regions to which they had been lately accustomed, for the ropes were stiff with frost, and the meat could scarcely be conveyed warm to the table. On June 17th they came to anchor in 38° 30'." In the original paper, as published in the Gen- m marciiand's voyage. tlcmaa's Magazine for January, 1741, Dr. Johnson writes 38° in numbers as tlie parallel of latitude Avliere the cold -was felt so acutely. This would be in a far lower latitude than what any of the accounts of Drake's own time gives ; so that it may for that reason alone be suspected to be an error of the press, more particularly as Drake is made ulti- mately to anchor in 38° 30', a higher latitude than that in which his crew were benumbed with the cold. We must either suppose that Dr. Johnson entirely misunderstood the narrative, and inten- tionally represented Drake as continuing his voyage northward in spite of the cold, and anchoring in a higher latitude than where his men were so much discouraged by its severity, or that there is a typographical error in the figures. The latter seems to be the more probable alternative ; and if, in order to correct this error, we may reasonably have re- course to the authority from ^vhich he derived his information as to the latitude of the port where Drake cast anchor, it is to the World Encompassed, and not to the Famous Voyage, that we must refer ; for it is the World Encompassed which gives us 38° 30' as the latitude of the convenient and fit harbour, Avhereas the Famous Voyage sends Drake into a fair and good bay in 38°. The dispute between Spain and Great Britain respecting the fur trade on the north-west coast of America having awakened the attention of the European powers to the value of discoveries in that quarter, a French expedition was in consequence despatched in 1790, under Captain Etienne Mar- chand, who, after examining some parts of the north- E 3 53 ,i ' ■ fe • '■«■»■, ''■\ii ' ". 54 GALIANO AND VALDES. >' 1 1 r it U- IVIar- chand's Voyage. Galiano and Valdcs. west const of America, concluded the eircunniaviga- tion of the globe in 1792. Fleurieu, the French hydrographer, published a full account of ^lar- chand's Voyage, to which he prefaced an introduc- tion, read before the French Institute in July, 1797. In this introduction he reviews briefly the course of maritime discovery in these parts, and states his opinion, without any qualification, that Sir Francis Drake made the land on the north-west coast of America in the latitude of 48 degrees, which no Spanish navigator had yet reached. Mr. Greenhow (p. 223.) speaks highly of Fleurieu's work, though he considers him to have been careless in the examination of his authorities. He observes, that " his devotion to his own country, and his con- tempt for the Spaniards and their government, led him frequently to make assertions and observations at variance with truth and justice." It may bo added, that at the time when he composed his intro- duction, the relations of France and Great Britain were not of a kind to dispose him to favour unduly the claims of British navigators. The same train of events which terminated in the Nootka Convention, led to a Spanish expedition under Galiano and Valdds, of which an account was published, by order of the king of Spain, at Madrid, in 1802. The introduction to it comprises a review of all the Spanish voyages of discovery along the north-west coast, in the course of which it is observed that, from want of sufficient informa- tion in Spanish history, certain foreign Avriters had undervalued the merit of Cabrillo, by assigning to Drake the discovery of the coast between 38° and , at prises igto and Humboldt's new spain. 48°; whereas, thirty-six years before Drake's ap- ])carance on tliat coast, Cabrillo had discovered it between 38° and A'6°. A note appended to this passnge states, " The true glory which the English navigator may claim for himself is the having dis- covered the portion of coast comprehended between the parallels of 43° and 48° ; to which, conse- quently, the denomination of New Albion ought to be limited, without interfering with the discoveries of preceding navigators." (Kelacion del V'iagc lieclio por las Goletas Sutil y jMexicana en el ano de 1792. Iiitroduccion, pp. xxxv. xxxvi.) To the same purport, Alexander von Humboldt, in his Essai Politique sur la Xouvelle Espagne, says, " D'aprcs des donnees historiques certaines, la denomination de Nouvelle Albion devrait etre restreinte a la partie de la cote qui s'etend def)uis les 43° aux 48°, ou du Cap de ^lartin de Aguilar, a I'entree de Juan de Fuca :" (1. iii. c. viii.) And, in another passage, " On trouve que Francisco Gali cotoya une partie de TArchipel du prince de Galles ou cclui du roi George (en 1582). Sir Francis Drake, en 1578, n'etait parvenu que jusqu'aux 48° de latitude au nord du cap Grenville, dans la Nou- velle Georgie." The question of the northern limits of Drake's ex- pedition has been rather fully entered into on this occasion, because it is apprehended that Drake's visit constituted a discovery of that portion of the coast which was to the north of the furthest headland which Ferrelo reached in 1543, whether that head- land were Cape Mendocino, or Cape Blanco ; aiid because Mr. GreenhoAv, in the preface to the second E 4 55 '■■:: ^s : •'>*. ^'■i i! : '■ I . 4 k ::l H'^-ni I ' . 'If , H- I -vli I ii 5G EVIDENCE AS TO THE LIMIT edition of his History of Oregon and * 'lifonin, observes, that in the accounts and \\v^ a there presented of Drake's visit to tlic north-west eoasi , all who liad criticised his work were silent, or care- fully omitted to notice the principal arguments adduced by the author. We may conclude with observing, that on revie"\ving the evidence it will be seen, that in flivour of the higher latitude of 48° we have a well-authenticated account drawn up by the nephew of Sir Francis Drake himself, from the notes of several persons who went the voyage, confirmed by independent statements in two cotcm- porary writers, Stow the annalist, and Davis the navigator, and supported by the authority of Sir W. Monson, who served with Drake in the Spanish wars after his return ; and on this side we find ranked the influential judgment of the ablest modern writers who have given their atten- tion to the subject, such as the distinguished French hydrographer Flcurieu, the able author of the Introduction to the Voyage of the Sutil and Mexicana, published by the authority of the king of Spain, and the learned and laborious Alexander von Humboldt. On the opposite side stands Hak- luyt, and Hakluyt alone; for Camden and Purchas both followed Hakluyt implicitly, and though they may be considered to approve, they do not m any way confirm his account; while Hakluyt himself has nowhere disclosed his sources of information, and by the variation of the two editions of his work in the two most important facts of the whole voyage, namely, the extreme limits southward and northward respectively of Drake's expedition, he OF DRAKE S EXrEDITION. 57 has indirectly made evident the doubtful cluiraeter of the information on which he relied, and lias himself abandoned the version of the story, which Camden, and the author of the Yic de Drach, have adopted upon his authority. 'r'l 4 t ■/■> ,''«)■ i''>V'' ■J. M ! i 1 w f i I . > • 1. 1 t r !. i;' "II- : 1 ■ )■ ' ''"■' t 1 ■ .<• » ! ■■ ' fi ■;• ii ( i 'i r^ i; I" .V h i ' j .1 ?i ' J •^ '■i i: ■ ?5 i 'y «. ., ,;, 58 CHAPTER 111. ON THE DISCOVERY OF THE NORTH-WEST COAST OF AMERICA, The Voyage of Francisco de Gualle, or Gali, in 1584. — Of Viscaiiio, in 1598. — Kiver of Martin cVAguilar. — Cessation of Spanish En- terprises. — Jesuit IMissions in California in the IStli Century. — Voyage of IJehring and Tchiricoff in 1741. — Presidios in Upper California. — Voyage of Juan Perez in 1774; of Heceta and Dc la Bodega in 1775. — Ileceta's Inlet. — Poi't Bucareli. — Bay of Bodega. — Ilearne's Journey to the Copperniine River. — Captain James Cook in 1776. — Bussian Establishments, in 1783, as far as Prince William's Sound; in 1787, as far as Mount Elias. — Ex- ])cditions from Macao, under the Portuguese flag, in 1785 and 1786; under that of the British East India Company in 1786. — Voyage of La Perouse in 1786. — King George's Sound Company. — Portland and Dixon, in 1786. — Mearcs and Tipping, in 1786, under Flag of East India Company. — Dui-can and Colnctt in 1787. — Captain Barclay discovers in 1787 tho Straits in 48° 30', to which ]\Ieares gives the name of Juan de Fuca in 1788. — Prince of "Wales's Archipelago. — Gray and Kendrick. The Spaniards had long coveted a position in the East Indies, but the Bull of Pope Alexander VI. precluded them from sailing eastward round the Cape of Good Hope ; they had in consequence made many attempts to find their way thither across the Pacific. It was not, however, till 1564, that they succeeded in establishing themselves in the Philippine Islands. Thenceforth Spanish galleons sailed annually from Acapulco to Manilla, and back by Macao. Tlie trade winds wafted them FRANCISCO GALL 59 directly across from New Spain in about three months: on their return they occu])ied about double that time, and generally readied up into a northerly latitude, in order to avail themselves of the prevailing north-westers, which carried.,tliem to the shores of California. An expedition of this kind is the next historical record of voyages on this coast, after Drake's visit. Hakluyt has published the navigators own account of it in his edition of IGOO, as inmcisco the "True and perfect Description of a Voyage''"^"""''"' performed and done by Francisco de Gualle, a Spanish Captain and Pilot, &c., in the Year of our Lord 1 584." It purports to have been translated out of the original Spanish, verbatim, into Low Dutch, by J. H. van Lindschoten ; and thence into English by Hakluyt. According to this version of it, Gualle, on his return from Macao, made the coast of New Spain " under seven-and-thirty degrees and a half." The author of the " Litroduction to the Journal of Galiano and Yaldes" has substituted 57^^ for o7i degrees in Gualle's, or rather Gali's, account, Avithout stating any reason for it. Mr. Greenho^v, indeed, refers to a note of that author's, as intimating that he relied upon the evidence of papers found in the Archives of the Lidies, but on examining the note in p. xlvi., it evidently refers to two letters from the Archbishop of Mexico, thenViceroy of New Spain, to the King, in reference to an expedition which he proposed to intrust to Jayme Juan, for the discovery of the Straits of Anian. It is true that the arch- bishop is stated to have consulted Gali upon his project, but the author of the " Introduction" spe- #. ■3 . ,'■ -fiiii' . ! '»' ':!!:. .it ^1' 60 LINUSCIIOTEN. cially alludes to Liiiclschoten, as the person to whom the account of Gall's Voyage in 1582 was due, and refers to a French translation of Lindschoten's work, under tlie title of "Le Grand Koutier de Mer," published at Amsterdam in 1638. But Lindschoten's original work was Avritten in the Dutch language, being intitlcd " Reys-ges-chrift van de Navigatien der Portugaloysers in Orienten," and was published towards the end of the sixteenth century; ^.nd two English translations of Gali's Voyage immediately appeared, one in Wolf's edi- tion of Lindschoten, in 1598; the other in the third volume of Hakluyt, 1598-1600. Lindscho- ten's own Dutch version was subsequently inserted in Witsen's " Nord en Oost Tarterye," in 1692. All these latter accounts, includino; the orii2:inal, a2:rce ill stating seven-and-thirty degrees and a half as the latitude where Gali discovered " a very high and fair land, with many trees, and wholly without snow." The passage in the original Dutch may be referred to in Burney's History ot Voyages, vol. V. p. 164. The French translation, however, which the author of the Introduction consulted, gives 57|°, the number being expressed in figures ; but as this seems to be the only authority for the change, it can hardly justify it. " A high land," observes Captain Burney, " ornamented with trees, and entirely without snow, is not inapplicable to the latitude of 37^°, but would not be credible if said of the American coast in 57^° N., though nothing were known of the extraordinary high mountains which are on the western side of America in that parallel. It may be observed, that the high mr ^y ivever, ultcd, ^ures ; or tho imd," trees, le to le if lough higli lerica the LE GRAND ROUTIER DE MER. French translator has Ukewise mis-stated the course which Gah held iii reaching across from Japan to the American coast, by rendering " east and east- by-north" in the original, as " east and north-east" in the French version, making a difference of three points in the compass, Avhich would take him much farther north than his true course. M. Eyries, in the article " Gali," in the Biographic Universelle, puts forward the same view of the cause of the variation of the latitude in the account adopted by the author of the Introduction, namely, that it was derived from the French translation which he consulted. The words in the French version of the Grand Ivoutier de j\{er are; " Estans venus suivant ce mesme cours pres de la coste de la Nou- velle Espagne a la hauteur de 57 degrez et demi, nous approchasmes d'un haut et fort beau pays, orne de nombre d'arbres et entierement sans neige." M. Eyries, however, has fallen into a curious mis- take, as he represents Gali to have made the iden- tical voyage which is the subject of the n ivrative, in company with Jayme Juan, in execution • -^^ the pro- ject of the Viceroy of Mexico, v^iioh ais never accomplished, instead of his havinn mudc the account of the voyago for him. lliat M. E) ri''>s is in error Avill be evident, not UiOrely from the account of the author of the Introduction, if more carefully examined, as well as from the title and conclusion of the Voyage of Gali itself, as given in Ilakluyt's translation of the Dutch version of liia.I- schoten ; but also from this circumstance, which seems to be conclusive. M. de Contreras, Arch- bishop of Mexico, was Viceroy of New Spain for the Gl ' 4- - V /ft t: 02 I ^ .:ii i, ■ t : t. r r 'J ■4, V !!! 4' • ^i^ Sebastian Viscaino. MISTAKE OF M. EYRIES. short space of one year only, and the letters which he wrote to the King of Spain, submitting his pro- ject of an expedition to explore the north-west coast of America for his ^Majesty's approval, bore date the 22d January and 8th March, 1585. But Gali commenced his voyage from Acapulco in March 1582, and had returned by the year 1584, most probably before the Archbishop had entered upon his office of Viceroy, certainly before he submitted his plans to the King, which he had matured after consultation with Gali. It is difficult to account for j\[. Eyries' mistake, unless it originated in aii imper- fent acquaintance with the Spanish language, as the statement by the author of the Introduction is by no means obscure. Gali's voyage Avas thus a pri- vate mercantile enterprise, and not an expedition authorised and directed by the Government of New Spain, whicli the account of M. Eyries might lead his reader to suppose. It lias acquired, accidentally, rather more importance of late than it substantially deserves, from the circumstance of its having been cited in support of the Spanish title to the north- west coast of Americr, ; it has consequently been thought to merit a fuller examination on the pre- sent occasion, as to its true limits northward, which clearly fall short of thos-j attained by the Spaniards under Eerrelo, and rery for short of those reached by the British under Drake. The next authentic expeditions on these coasts were those conducted by Sebastian Viscaino. The grooving rumours of the discovery of the passage between the Atlantic and Pacific by the Straits of Anian, and the necessit}^ of providing accurate which lis pro- th-west 1, bore . But March b, most d upon jmitted k1 after lunt for imper- ;, as the n is by s a pri- )edition of NCAV ;ht lead |entally, ntially been north- y been e pre- Ihward. by the those coasts The lassage lits of rurate (T SEBASTIAN VISCAINO. G;i charts for the vessels eno-aired in the trade between New Spain and the PhiUppine islands, induced PhiUp \l. to direct an expedition to be dispatched from Acapulco in 159G, to survey the coasts. Nothing however of importance was accomplished on this occasion, but on the succession of Philip III. in 1598, fresh orders were despatched to carry into execution the intentions of his predecessor. Thirty- two charts, according to Humboldt, prepared 1)y Henri Martinez, a celebrated engineer, prove that Viscaino surveyed these coasts with unprecedented care and intelligence. " The sickness, however, of his crew, the want of provisions, and the extreme severity of the season, prevented his advancing further north than a headland in the 4-2d parallel, to which he gave the name of Cape Sebastian." The smallest of his three vessels, however, conducted by ]\Iartin d'Aguilar and Antonio Florez, doubled Martin Cape jMendocino, and reached the 43d parallel, where '^ '^s"'iar. they found the mouth of a river which Cabrillo has been supposed by some to have previously dis- covered in 1543, and which was for some time considered to be the western extremity of the long- sought Straits of Anian. The subsequent report of the Cciptain of a Manilla ship, in 1G20, according to Mr. Greenhow, led tlie world to adopt a different view, and to suppose that it was the mouth of a passage into the northern extremity of the Gulf of California ; and accordingly, in maps of the later half of the seventeenth century, California was repre- sented to be an island, of which Cape Blanco was the northernmost headland. After this error had been corrected by the researches of the Jesuit Kuhn, in ^1 . , ■ ^ ' " !&, ^4 .■ '^'l: % •4 i 1 1 H 1' ■ '■ !•' j ■-> , H • * ! 1 1 ^ii- t • ( i 1;- . « V r G4 Jesuit missions. MARTIN D AGUILAR. 1709, we find in the maps of the eighteenth century, such as that of Guillaume cle Lisle, published in Paris in 1722, California a pemnsula. Cape Blanco a headland in 45°, and near it marked " Entree decouverte par d'Aguilar." AVith Gali and Viscaino terminates the brilliant pe- riod of Spanish discoveries along the north-west coast of America. The governors of New Spain during the remainder of the seventeenth century and the greater part of the eighteenth, confined their atten- 1 ion to securing the shores of the peninsula of Cali- fornia against the armed vessels of hostile Powers, which, after the discovery of the passage round Cape Horn in 1616, by the Dutch navigators Lemaire and Van Schouten, carried on their depredations in the Pacific with increasing frequency. The country itself of California was m 1697 subjected, by a royal warrrnt, to an experimental process of civilisation at the hands of the Jesuits, which their success in Paraguay emboldened them to undertake. In about sixty years a chain of missions Avas established along tlie whole eastern side of California, and the followers of Loyola may be considered to have ruled the country, till thv decree issued by Charles III. in 17G7, for the immediate banishment of the so( lety from the Spanish dominions, led to their exj^ulsion from the New World. During this long period, the only expeditiorj of discovery that ven- Bciiiing & tured into these seas was that which Behring and TchiricoiF led forth in 1741 from the shores of Kamtchatka, under the Russian flag. Behring's own voyage southward is not supposed to have extended beyond the GOtli parallel of north latitude, where long ven- and |es of own nded mere 1 BEimiNG AND TCIIIRICOFF. he discovered a stupendous mountain, visible at the distance of more tlian eighty miles, to which he gave the name of Mount St. Elias, Avhich it still bears. Tlie account is derived from the journal of Steller, the naturalist of Behring's ship, which Professor Pallas first published in 1795, as Behring himself died on his voyage home, in one of the islands of the Aleutian Archipelago, between 54i and 55^, degrees north latitude. Here his vessel had been wrecked, and the island still bears the name of the Russian navigator. Tchiricoff, on the otlier hand, advanced further eastward, and the Russians themselves maintain that he pushed his discoveries as far south as the 49th parallel of north latitude, (Letter from the Chevalier de Poletica, Russian Minister, to the Secretary of State at Washington, February 28. 1822, in British and Foreign State Papers, 1821-22, p. 483.); but this has been disputed. Mr. Greenhow considers, from the description of the latitude and bearings of the land discovered by him, that it must have been one of the islands of the Prince of Wales's Archipelago, in about 56°. The discoveries of the Russians, of which vague rumours had found their way into Europe, and of which a detailed account was given to the Academy of Sciences at Paris, in 1 780, by J. N. de I'lsle, the as- tronomer, on his return from St. Petersburg, revived the attention of Spain to the importance of securing her possessions in the New World against the en- croachments of other Powers. It was determined that the vacant coasts and islands adjacent to the settled provinces of Ncav Spain should be occupied, F G5 :ir^^i ^n- ts^',: ■&! \ ' v.t • ■i-J; r. ii , I'- fiC) JUAN IM'HKX. SO as to protect them against casual expeditions, and that the more distant shores should be explored, so as to secure to the crown of Spain a tith^ to them, on the grounds of first discovery. With this object " the Marine Department of San Bias " was organ- ised, and was charged with the superintendence of all operations by sea. Its activity was evinced by the I Presidios' establishment of eight " Presidios" along the coast CaHibrnia. i» Upper California, in the interval of the ten years immediately preceding 1779. Of these San Diego, in 32° 39' 30'^, was the most southerly ; San Francisco, in 38° 48' 30", the most northerly. During the same period, three expeditions of discovery were dispatched from San Bias. The earliest of these sailed forth in January 1774, under the command of Juan Perez. Juau Pcrcz, but its rcsults wcrc not made known before 1802, when the narrative of the expedition of the Sutil and Mexicana was published, as already stated. According to this account, Perez, having touched at San Diego and Monterey, steered out boldly into the open sea, and made the coast of America again m '^^ 53' north. In the latitude of 55° he discovered a u^adland, towhichhe gave the name of Santa jNIargarita, at the northern extremity of Queen Charlotte's Island. The strait which sepa- rates this island from that of the Prince of Wales, is henceforward marked in Spanish maps as the Entrada de Perez. A scanty supply of water, how- ever, soon compelled him to steer southward, and he cast anchor in the Bay of San Lorenzo in 49° 30', in the month of August, and for a short time en- gaged in trade with the nati\'es. Spanish writers identify the bay of San Lorenzo witli that to ■( STIJAITS OV Fl.'CA. out ist of titude ^e the ?mity |sepa- '^ales, the Ihow- and 30', eii- [iters to which Captain Cook, four years afterwards, gave the name of Nootka Sound. Perez was prevented from landing on this coast by the stormy state of the weather, and his vessel was obliged to cut her cables, and put to sea with the loss of her anchors. He is supposed, in coasting southward, to have caught sight of Mount Olympus in 47° 47'. Having determined the true latitude of C. Mendocino, he returned to San Bias, after about eight months' absence. Unfortunately for the fame of Perez, the claim now maintained for liim to the discovery of Nootka Sound, was kept secret by the Spaniards till after general consent had assigned it to Captain Cook. The Spaniards have likewise advanced a claim to the discovery of the Straits of Fuca, upon the authority of Don Esteban Jose jVIartinez, the ])ilot of the Santiago, Perez' vessel ; who, according to ^Nfr. Greenhow, announced many years afterwards that he remembered to have observed a wide opening in the land between 48° and 49° : and they have con- sequently marked in their charts the headland at the entrance of the straits as Cape Martinez. No allusion, however, is made to this claim in the Introduction to the Voyage of the Sutil and Mexi- cana, nor in Humboldt's New Spain. In the following 3^ear (1775) a second expedition sailed from San Bias under the orders of Don Bruno Heceta, Don Juan de Ayala, and Don Juan de la Bodega y Quadra. The Spanish government observed their usual prudent silence as to the results of this expedition, but the journal of Antonio Mau- relle, " the second pilot of the fleet," who acted as pilot in the Senora, which Bodega commanded, fell Meceta, Do Ayala, and De la 15o(lega y Quadra. • -,1 i •n •■,.#.1 ':,• '4 •/._* .j ;; '. t F 2 t;. "1:.! M"-' ■ n 1- if , .1! . ' ■•!!■' '( .'Ml III :\ %i '-■''; -1 . - 4S^ r-! .<'*(■■■ into the hands of the Hon. Daines liarrington, who published an Englisli translation of it in his Mis- cellanies, in 1781. There are four other accounts in MS. amongst the archives at JMadrid. From one of these, the journal of Heceta himself, a valuable extract is given in Mr. Greenhow's Appendix. Their iirst discovery north of 0. Mendocino, was a small port in 41" 7', to which they gave the name of La Trinidad, and where they fixed up a cross, which Vancouver found still remaining in 1793. They then quitted the coast, and did not make the land again till they reached 48° 26', whence they examined the shore in vain towards the south for the supposed Strait of Fuca, which was placed in Bellin's fanciful chart, constructed in 17G6, between 47° and 48°. Having had seven of the Senora's men massacred by the natives in the latitude of 47° 20', where twelve years later aportion of the crew of the Imperial Eagle were surprised and murdered, they resumed their voyage ncithward, though Heceta, owing to the sick- ness of his crew, was anxious to return. A storm soon afterwards separated the two vessels, and Heceta returned southward. On his voyage home- wards he first made the land on the 1 0th of August, in 49° 30', on the s^iith-west side of the great island now known as Vancouver's Island, and pass- ing the part which Perez had. visited, came upon the main land below the entrance of the Straits of Fuca. On the 17th of August, as he wassailing along the coast, between 46° 40' and 46° 4', accord- ing to Heceta's own report, or in 46° 9' according to the Introduction to the Voyage of the Sutil and Mexicana, Pleceta discovered a great bay, the head / ■f* HKCIil'A S IM.f/r. GO pon •aits ot* which he could no where recognise. So strong, however, were tlie currents and eddies of the water, tluit he ])elieved it to be "the mouth of some great river, or passage to another sea." He was disposed, according to his own statement, to con- ceive it to be the same ^vith the Straits of Fuca, as he was satisfied no such straits existed between 47° and 48°, where they were laid down in the charts. He did not, however, venture to cast anchor; and the force of the currents, dnrii •■ the night, swept him too far to leeward to allov m to examine it any further. Heceta named tiie noi'thern head- land of the ba)', C. San Koque ; and the southern c. San headland, C. Frondoso ; and to the bay itself he '"^"''" gave the name of the Assumption, though, in the Spanish charts, according to Humboldt, it is termed " I'Ensenada de Ezeta," Heceta's Inlet. Jf,?^^;*''' Heceta likewise gave the name of C. Falcon to a headland in 45° 43', known since as C. Lookout ; and continuing his course to the southward along the coast, reached Monterey on August 30th. l)e la Bodega, in the mean time, had stretched out to 56°, when he unexpectedly made the coast, 185 leagues more to the westward than Bellin's chart had led him to expect. He soon afterwards discovered the lofty conical mountain in King George III.'s Archipelago, to which he gave the name of San Jacinto, and which Cook subsequently called Mount Edgecumb, and having reached the 58th parallel, turned back to examine that portion of the coast, where the Rio de los Reyes was placed in the story of the adventures of Admiral Fonte. Having looked for this fabulous stream in vain, they landed F 3 r V ■ M ■ i -: .1 ■ ■4' • '','< IMAGE EVALUATION TEST TARGET (MT-3) /. h A y. % /•A 1.0 I.I I ^ Ilia t-uu 1.8 11-25 i 1.4 1.6 v] (^ /. ^> *».>;*» Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 \ qv ■o^ ^\ ''b v c^ O^ '<> I \ ♦^ii! ■m li-.',- t., \- t •. !■ V ■ ' •:-r . ?f ■ 70 POUT DK LA liODlXJA. I'ort Huciircli and took jxjssession of the shores of an extensive buy, in 55° '^0\ in tlie Prince of Wales' Archipe- lao^o, wliich they named J^)rt J^mcareli, in honour of the A'ieeroy. Proceeding southward, they ob- served the Kntrada de Perez, north of (^ueen Char- lotte's Island; but, though coasting from 4I)° with- in a mile of the shore, according to ^laurelle's account, they overlooked the entrance of Fuca's Straits. A little below 47° unfavourable winds drove them off the coast, which they made once more in 45° 27'; from which parallel they searched in vain to 42° for the river of Martin d'Aguilar. In the latitude of .■)S° LS' they reached a spacious and sheltered ])ay, which they had imagined to be lV)rt San Francisco ; but it proved to be a distinct bay, not yet laid down in any chart, so De la Bodega bestowed hi« own name upon it, having noted in his journal that it was here that Sir Francis Drake careened his ship. Vancouver, however, considered the bay of Sir Francis Drake to be distinct from tliis l)ay of Bodega, as well as from that of San Francisco. Expeditions had been, in the mean time, made by direction of the Hudson's Bay Company, across the northern regions of North America, to deter- mine, if possible, the existence of the supposed northern passage between Hudson's Bay and the Mr.Saimiei Pacific Occau. Mr. Samuel llearne, one of the Company's agents, in 1771, in the course of one of these journeys, succeeded in tracing a river, since Tiic Cop- known as the Coppermine Kiver, to a sea, where Company, thc flux and rcflux of the tide was observed. Hearne calculated the mouth of this river to be in P(.rt do la IJodi'g.i. .,1 . » :!: Ill UKAUN'K's .lOlIJNKY. 71 jibout 72° north lutitiide; und he luid assured hhii- sc'lf, by his own observations, that no channel con- necting the two seas extended across the country which he had traversed. It appears that a par- liamentary grant of 20,000/. had been voted, in 1745, by the House of Commons, for the discovery of a north-west passage, through Hudson's Bay, by ships belonging to his liritannic Majesty's sub- jects; and in 1776, this reward was further ex- tended to the ships of his ]\lajesty, which might succeed in discovering a northern passage between the two oceans, in any direction or under any parallel north of 52°. The Lords. of tlie Bri- tish Admiralty, in pursuance of Hearne's report, determined on sending out an expedition to ex- plore th-e north-easternmost coasts of the Pacific ; and Captain James Cook, who had just returned f^ap«»'" . -,...■, ii«i James Irom an expedition in the southern hemisphere, Cook. was ordered, in 1776, to proceed round the Cape of Good Hope to the coast of New Albion, in 45 degrees. He was besides directed to avoid all in- terference with the establishments of European Powers : to explore the coast northward, after reaching New Albion, up to 65°; and there to commence a search for a river or inlet which might communicate with Hudson's Bay. He was further directed to take possession, in the name of his so- vereign, of any countries which he might discover to be uninhabited ; and if there should be inhabi- tants in any parts not yet discovered by other Eu- ropean powers, to take possession of them, with the consent of the natives. No authentic details of any discoveries had been made public by the Spaniards !• 4 • •rS I . 'A !' 1-: ,i :■■■%'- '■^''>: •M ' 1 * ' ■., ^'' ' m 72 CAPTAIN C00K8 VOYAGE. Cook's Voyage. since the expedition of Viscaino, in 1602, though rumours of certain voyages along the north-west coast of America, made l)y order of the viceroy of New Spain, in the two preceding years, had reached England shortly before Cook sailed ; but the infor- mation was too vague to afford Cook any safe di- rections. The expedition reached the shores of New Albion in 44° north, and thence coasted at some distance off up to 48°. Cook arrived at the same conclusion which Heccta had adopted, that between 47° and 48° north there were no Straits of Fuca, as alleged. He seems to have passed unobserved the arm of the sea a little further northward, having most probably struck across to the coast of Van- couver's Island, which trends north-westward. Having now reached the parallel of 49° 30', he cast anchor in a spacious bay, to which he gave the name of King George's Sound ; but the name of Nootka, borrowed from the natives, has since prevailed. It has been supposed, as already stated, that Nootka Sound was the bay in which Perez cast anchor, and which he named Port San Lo- renzo; and that the implements of European ma- nufacture, which Captain Cook, to his great sur- prise, found in the possession of one of the natives, were obtained on that occasion from the Spaniards. The first notification, however, of the existence of this important harbour, dates from this visit of Captain Cook, who continued his voyage north- ward up to the 59th parallel, and from that point commenced his survey of the coast, in the hope of discovering a passage into the Atlantic. It is un- ,..:i- NOOTKA SOUND. 73 necessary to trace his course onward. Although Spanish navigators claim to have seen portions of the coast of North America between the limits of 43° and 55° prior to his visit, yet their discoveries had not been made public, and their observations had been too cursory and vague to lead to any practical result. Captain Cook is entitled, beyond dispute, to the credit of having first dispelled the popular errors respecting the extent of the conti- nents of America and Asia, and their respective proximity ; and as Drake, according to Fletcher, changed the name of the land south of Magellan's Straits from Terra incognita to Terra nunc bene cognita, so Cook was assuredly entitled to change the name of the North Pacific Sea from " Mare in- cognitum" to " Mare nunc bene cognitum." On the return of the vessels engaged in this expe- dition to England, where they arrived in October, 1780, it was thought expedient by the Board of Admiralty to delay the publication of an authorised account, as Great Britain was engaged in hostilities with the United States in America, and with France and Spain in the Old World. The Russians in the Rufs'an mean time hastened to avail themselves of i, : information which they had obtained when Captain King, on his way homewards by China, touched at the harbour of Petropawlosk, and an association was speedily formed amongst the fur merchants of Siberia and Kamtchatka to open a trade with the shores of the American continent. An expedition was in consequence dispatched in 1783, for the double purpose of trading and exploring, and several trading posts were established between Aliaska and ; ■ 'ii j 1 ■)r. ;f; !.»■. ;■ ,^ '•'■I J : v-'i ■ 7.*" . 'I - ■ -hi M iif y ■ t ^ii h' ; 1 ' ,(4, ^1^ ^'f* 74 Kl.SSIAN KSTABLISIIMENTS. I'rinco \Villiain'.s Sound. Priiicc3 William's Sound, ^fr. Grcenhow (p. 161.) assigns to this period the Kussiiin establishment on the island of Kodiak, near the entrance of the bay called Cook's Bay, but the Russian authorities refer this settlement to a period as remote as 1763. (Letter from the Chevalier de Poletica to the Secre- tary of State at Washington, 28th February, 1822. l^ritish and Foreign State Papers, 1821-22, p. 484.) The Kussian establishments seem to have extended themselves in 1787 and the following year as far as Admiralty Admiralty P>ay, at the foot of Mount Elias. The publication, however, of the journals of Cook's expe- dition, which took place in 1784-5, soon introduced Expedi. a host of rival traders into these seas. Private tions undor ,.. ^. iir» at ii the Portii- expeditions were dispatched irom Macao, under the gueseflag. i^oi-tuguesc flag, iu 1785 and 1780, and under the flag of the East India Company in 1786. In the month of June of this latter year, La Perouse, in command of a French expedition of discovery, arrived off the coast, and cast anchor in a bay near the foot of Mount Fairweather, in about 59°, which he named Port des Fran9ais. He thence skirted the coast southward past Port Bucareli, the Avestern shores of Queen Charlotte's Island, and Nootka, and reached Monterey in September, where having stayed sixteen days, he bade adieu to the north- west coast of America. La Perouse seems first to have suspected the separation of Queen Charlotte's Island from the continent, but as no account of the results of this expedition Avas published beibre 1 797, other navigators forestalled him in the descrip- tion of nearly all the places which he had visited. In the Augustof 1785, in which year La Perouse La Pe- rouse. V fe's of )rc d. sc KING GEORGES SOUND COMPANY. had sailed, an association in London, styled the *^'" 75 corji^t' s King George's Sound Company, dispatched twosomui vessels under the command of Captains Dixon and ""'•'"">• Tortlock, to trade with the natives on the American Porri'wk"* coast, under the protection of licences from the South Sea Company, and in correspondence with the East India Company. They reached Cook's Iviver in July 178G, where they met with Russian traders, and intended to winter in Nootka Sound, but were drive]) off the coast by tempestuous weather to the Sandwich Isles. Returning northward in the spring of 1787, they found Captain Meares, with his vessel the Nootka, frozen up in Prince William's Sound. ]\Ieares had left Calcutta in January 178(), whilst ^'^•''^«^''- his intended consort, the Sea Otter, commanded by Captain Tipping, had been dispatched to Malacca, Tipping, with instructions to proceed to the north-west coast of America, and there carry on a fur trade in com- pany with the Nootka. I>oth these vessels sailed under the flag of the East India Company. IMeares, after having with some difficulty got clear of the Russian establishment at Kodiak, reached Cook's River soon after Dixon and Portlock had quitted it, and proceeded to Prince AVilliam's Sound, where he expected to meet the Sea Otter; but Captain Tipping and his vessel were never seen by him again after leaving Calcutta, though Meares was led by the natives to suppose that his consort had sailed from Prince William's Sound a few days before his arrival. He determined, however, to pass the winter here, in preference to sailing to the Sandwich Isles, lest he should be prevented returning to the coast of Ame- rica. Here indeed the severity of the cold, coupled .1 1 •s: If- \ ■ "', f i;i ' ill 'Ml. 76 i 'h ir Hi y> If -if: m : ' si' ■ifii; ■ ■ >\ - ;>'S'^ Duncan ^ '! - and Col- nett. Barclay. i ••..«. •'. ■ ", ^ .MKAKKS AND TU'l'lNG. witli scurvy, destroyed more than half 6f his crew, and the survivors were found in a state of extreme distress by Dixon and Portlock, on their reiurn to the coast in the following spring. We have now reached a period when many minute and detached discoveries took place. Prince William's Sound and Nootka appear to have been the two great stntioiis of the fur trade, and it seems to have been customary, in most of the trading expedi- tions of this period, that two vessels should be dispatched in company, so as to divide the labour of visiting the trading posts along the coasts. Thus, whilst Portlock remained between Prince William's Sound and Mount St. Elias, Dixon di- rected his course towards Nootka, and being con- vinced on his voyage, from the reports of the natives, that the land between 52° and 54° was separated from the continent, as La Perouse had suspected, he did not hesitate to call it Queen Charlotte's Island, from the name of his vessel, and to give to the passage to the northward of it, which is marked on Spanish maps as the Entrada dc Perez, the name of Dixon's Entrance. Before Dixon and Portlock quited these coasts, in 1787, other vessels had arrived to share in the profits of the fur trade. Amongst these the Princess Royal and the Prince of Wales had been despatched from England, by the King George's Sound Com- pany, under command of Captains Duncan and Colnett ; whilst the Imperial Eagle, under Captain Barclay, an Englishman, displayed in those seas for the first time the flag of the Austrian East India Company. To a boat's crew belonging to DUNCAN AND COLNKTT. 77 this latter vessel Captain Mearcs assif]jns the dis- Di-^covcry covery of the straits in 4H° 30', to which he himself straits of gave in the following year the name of Juan de ki,,.;,. "" Fuca, from the old Greek pilot, whose curious story has been preserved in Purchas' Pilgrims. (Introduction to Meares' Voyages, p. Iv.) Meares had succeeded in returning to Macao with the Nootka, in October, 1787. In the next year he was once more upon the American coast, as two other vessels, named the Felice and Iphigenia, were de- spatched from Macao, under Meares and Captain Douglas respectively, the former being sent direct to Nootka, the latter being ordered . to make for Cook's River, and thence proceeding southward to join her consort. Meares, in his Observations on a North-west Passage, states, that Captain Douglas anticipated Captain Duncan, of the Princess Royal, in being the first to sail through the channel which separates Queen Charlotte's Island from the main land, and thereby confirming the suppositions of La Perouse and Dixon. Captain Duncan, however, ap- pears at all event,.J to have explored this part of the coast more careiu.' -y than Douglas had done, and he first discovered the group of small islands, which he named the Prince of Wales' Archipelago. The an- Pfin^^e of nouncement of this discovery seemed to some persons Archipe- to warrant them in giving credit once more to the exploded story of Admiral Fonte's voyage, and revived the expectation of discovering the river, which the admiral is described to have ascended near 53° into a lake communicating with the At- lantic Ocean. It is almost needless to observe, that these expectations have never been realised. lago. : t : M * ■;■>; c . y '\r * } ■n' .4- '■>: ly. I' ) r 1 n :, K. V I ... i ■f 78 filJAY AND KKNDUICK. ? r ff ',;*A ii , 1 -^!f 'I Ir' 1:5 ^1*( • ■m ;■ ■ . 1 1, _ :?8 Tlie names of several vessels have been omitted in this brief summary, whi(;li were engaged in the fur trade subsequently to the year 1785. Two vessels, however, require notice, — the Washington Gray. Under Captain Gray, and the Columbia under Kciuirick. Captain Kendrick, which were despatched from Boston, under the American flag, in August, 1787. Captain Gray reached Nootka Sound, on Sept. 17. 1788, and found Meares preparing to launch a small vessel called the North-west America, which he had built there. The Columbia does not ajipear to have joined her consort till after the departure of Meares and his companions. Meares himself set sail in the Felice for China, on Sej^t. 23., whilst the Iphigenia proceeded with the North- west America to the Sandwich Islands, and wintered there. In the spring of 1789, the two latter vessels returned to Nootka Sound, and found the Columbia had joined her consort the Washing- ton, and both had wintered there. The North-west America, Avas despatched forthwith on a trading expedition northward, whilst the Iphigenia re- mained at anchor in Nootka Sound. Events were now at hand which were attended with very important consequences in determining the relations of Spain and Great Britain towards each other in respect to the trade with the natives on their coasts, and to the right of forming settlements among them. These will fitly be reserved, as introductory to the Convention of the Escurial, which will be discussed in a subsequent Chapter. i •J CHAPTKU JV. led ing 'ds Ion Its las ON THE J'RETENDED DISCOVERIES OF THE NOUTII-WEST COAST. ^Memoir of Lorenzo Ferrer Miildonado, in 1588. — Voyage of the Descubiertii and Atrevidii, in 17'J1. — Tale of ,Iuan do Fuca, in 15!)2. — Voyajfes of I^Ieares, Vancouver, and Lieutenant Wilkes. — Letter of Admiral Uartolenie Fonteor de Fuentes, hi 1640. — Memoir of J. N. de risle and Ph. Buache, in 1750. — California discovered to be a Teninsula in 1540; reported to be an Island in IG'iO; re- explored by the Jesuit Kuhn and others, in 1701-21. — Maps of the sixteenth and seventeenth Centuries. — Fonte's Letter, a jeu- d'esprit of retiver, the Naturalist. The general belief in the existence of a north-west passage from the Atlantic to the Pacific Ocean in the direction of Gaspar de Cortereal's reported Straits of Anian, led to the circulation of many- false accounts of the discovery of the desired chan- nel. The most celebrated fictions of this class seem to have originated with individuals who hoped to secure, through their pretended knowledge and ex- perience, future employment, as well as immediate emolument. A memoir of this kind is reported to have been laid before the Council of the Indies at Seville, in 1609, by Lorenzo Ferrer Maldonado, who professed to have sailed in 1588 from Lisbon to the coast of Labrador, and thence into the South Sea through a channel in 60° north latitude, cor- » i , ■i\ .'. if.- ■i it Lorenzo Ferrer ■;.' If Maldo- •'. f- nado. ■> ^ i " ii "f \ - .♦ ; I • ) 1 :A '{: % : : 'ill ; Jl? 80 MALDOXADo's XAUUATIVK. respoiuliii*? to tlic Stniit of Aniaii, according to unck'iit triiditioi). lie petitioned, in consequence, that he might be rewarded tor his services, and be entrusted with an expedition to occupy the Strait of Anian, and defend the passage against other nations. His cotemporaries, according to the au- thor of the Introduction to tlie Voyage of the Sutil rnd Mexicana, were men of more judgment and intelligence than some of the writers of the 18th century. The former at once discovered, by per- sonal examination of the author, the fictitious cha- racter of his narrative, and rejected his proposal. Two copies of this meminr are sui)posed to exist ; one of these being preserved in the library of the Duke of Infantado at Madrid, the other in the Am- brosian Library at Milan. The former of these is considered by the author of the Introduction to be certainly a cotemporaneous, and perhaps the original coi)y of the memoir: the Ambrosian ma- nuscript, on the other hand, has been pronounced, in an article in the London Quarterly Review for October, 1816, to be " the clumsy and audacious forgery of some ignorant German," from the circum- stance of fifteen leagues to the degree being used in some of the computations. To the same purpose Capt. James Burney, in the fifth volume of his Voyages, published in 1817, observes, that " it must not be omitted that the reckoning in the narrative is in German leagues. It is said, ' from the latitude of 64° you Avill have to sail 120 leagues to the lati- tude of 72°, which corresponds with the German league of 15 to a degree, and not "with the Spanish league of 174 ^^ ^ degree, by which last the early Tin: ALTIIOU A FLKMING. 81 Spanisli navigators weiv accust«)int'd to reckon. Vvom tliis peculiarity in the narrative it may be conjocturetl, that the real author was ji Fleming, Avlio probably thought he couUl not better advance liis spurious oil'spring, than by laying it at the door of a man -who had projected to invent a compass without variation," as Mahlonado professed to do to the Council of the Indies, according to Antonio Leo in his IJibliotiieca Indica. Allusions had been occasionally made to this "Work l)y Spanish writers in the 17th century, amongst others by De lAKpie, the author of the " Establecimientos Ultramarinos de las Naceones Kuropeas." It was not, however, till so late a period as 1790 that the attention of men of science was drawn to tlie^Iadridmanuscriptby J. N. Buache, the geographer of the King of France, in a paper read before the Academy of Sciences at Paris in that year. Captain Burncy states, that the manu- script had been brought to notice shortly before by M. de Mondoza, a captain in the Spanish navy, who was employed in forming a collection of voyages for the use of that service. M. Buache, who had succeeded D'Anville as Geographer Uoyal in 17G8, followed the geographical system of Ph. Buache, his relative and predecessor, and, like him, clung fondly to questionable discoveries. He had been employed to prepare instructions for the expedition of La Perouse, and thus his attention had been especially drawn to voyages of discovery on the north-west coast of America. He declared himself in his memoir so strongly in favour of the genuine- ness of the manuscript, and of the good faith of G ' ■■■'> • .'■X .' '»': ;: ^c 'I Hi- i- it; .. ■Jt- 82 DESCUBIERTA AND ATREVIDA. Descubi. crta and Maldonado, tliat the Sjianish government, in order that tlie question might be definitively set at rest, directed its archives to be searched, and the manu- script in the Ubrary of the Duke of Infantado to be car(fully examined, and at the same time gave orders that the corvettes Descubierta and Atrevida, Atrevida, which wcrc fitting out at Aeapulco for a voyage round the world, should explore the coasts and port which Maldonado pretended to have discovered in the South Sea. The archives, however, furnished ample evidence of the correctness of the ancient opinion that Maldonado was an impostor, and the expedition of the corvettes, which sailed in 1791, confirmed this fact beyond dispute. A memoir to that effect, founded upon their observations, was published in 1797, by Don Ciriaco Cevallos, who had accompanied the expedition, to prove the utter falsity of Maldonado' s story. It was, however, once more revived by the dis- covery of the Ambrosian manuscript in 1812 by Carlo Amoretti. This is said to give a more succinct account than the INladrid document, and it has been thought by some to be an abridgment of it. The article in the Quarterly Review above alluded to was occasioned by its appearance, and to the curious will furnish ample information. The Milan ac- count of the voyage may be referred to in the fifth volume of Burney's History of Voyages. The Madrid document will be found in Barrow's Chro- nological History of Voyages in the Arctic Regions. A much more plausible narrative was published in 1625, in the third volume of " The Pilgrims," by Purchas, the successor of Hackluyt as the historian \ m \ JUAN DE FUCA. 83 ac- Ifth iro- led ian of maritime fiiterpriscs. Jt is entitled " A Note made l)y me, JMicliacl Lok tlie elder, touching the Strait of Sea, commonly called Fretum Anian, in the South Sea, through the North-west Passage of j\Ieta Incognita." The writer purported to give ar. account of what had been communicated to him at Venice, in April, 1596, by an ancient Greek pilot, commonly called Juan de Fuca, but properly Juan de named Apostolos Yalerianus, who represented him- self to have been taken in a Spanish ship by Captain Candish, and to have thereby lost G0,000 ducats, and to have been at another time sent by the Vice- roy of Mexico to discover and fortify the Straits of Anian. His tale was to this effect : " That shortly after^vards, having been sent again, in 1.592, by the Viceroy of Mexico, with a small caravel and pin- nace, armed with mariners only, he followed the coast of Xorth America until he came to the latitude of 47°, and there finding that the land trended east and north-east, with a broad inlet of sea between 47 and 48 degrees of latitude, he entered thereinto, sailing therein more than twenty days, and found that land trending still sometimes north-west and north-east and north, and also east, and south-east- ward, and very much broader sea than was at the said entrance, and that he passed by divers islands in that sailing. And that at the entrance of this said strait, there is on the north-icest coast thereof a great headland or island, with an exceeding high pinnacle or spired rock, like a pillar, thereupon. "Also, he said, he went on land in divers places, and there he saw some people on land, clad in beasts' skins ; and that the land is veri/ fruitfid, G 2 -if • "X^ . . P./ .■ Jf ■ .'it ' • (.■; ■ it ' [i- \ Vr. '.i n ^1 1 i .^■ ilki 86 ! ♦•■it?! * ■ 1^ i w •■ '* . i I; p:r 'I '^{ ^ 'I '!^m:* !' '-ifc I ► - ;•• >■ 1 i{; Straits of Fuca. sTKAiTs or rUCi\. from the Queen of England ; and as, from liis own statement, he was aware that the spirit of discovery was for the moment languid amono-st the Ennjlish nation, he represented the country as "very fruitful and rich of gold, silver, pearls, and other things, like New Spain." This exaggeration of the probable profits of the undertaking would not perhaps alone disentitle the narrator to credit in respect to the other circumstances of his voyage, though his inte- grity in making the communication might thereby become open to question : but when we look to the asserted facts of his voyage, the truth or falsehood of which must be conclusive as to the character of the narrative itself, we find that they do not cor- respond in any respect with ascertained facts. The straits to which Meares gave the name of Juan de Fuca in 1788, are betw^een the 48th and 49th parallel. Mr. Greenhow considers that the dif- ference in the position is sufficiently slight as to be within the limits of supposable error on the part of the Greek pilot ; and certainly, if this were the only difficulty, it might not be conclusive against his veracity. But the straits which he professed to have discovered were from 30 to 40 leagues wide at the mouth where he entered, and according to his story he sailed through them into the North Sea, and upon the faith of this he offi^red to perfect his discovery of the north-west passage into the South Sea for the Queen of England, and to per- form it in thirty days time from one end to the other of the straits. Now this description is so totally at variance with the real character of any straits on the west coast of America, that the I SUBSEC^UENT OBSERVATIONS. 87 v.:i )Yt\l feet the i)er- Ithc so my the happy coincidence of trifling circumstances can hardly be considered sufficient to turn the scale in its favour. Amongst the latter, the existence of a pillar has been alleged, as corresponding with De Fuca's account. Meares, for instance, on ap- Mcaies. proaching the straits from the north, speaks " of a small island, situated about two miles from the soiitJiern land, that formed the entrance of this strait, near which we saw a very remarkable rock, that wore the form of an obelisk, and stood at some distance from the island" (p. 153.), which, in his Observations on a North-west Passage (p. Ixi.), he seems to consider to be the pinnacle rock of De Fuca; but unfortunately De Fuca has placed his " island with an exceeding high pinnacle or spiral rock " 071 the north-ivest coast, at the entrance of the strait, instead of on the southern shore. Vancouver, Vancouver. on entering the straits, failed himself to recognise any rock as corresponding to the pinnacle rock which Mr. jMcares had represented, but he observes that a rock within Tatooche's Island, on the southern side of the entrance, which is united to the main land by a ledge of rocks, over which the sea breaks violently, was noticed, and supposed to be that re- presented as De Fuca's pinnacle rock : " this, how- ever, was visible only for a few minutes, from its being close to the shore of the main-land, instead of lying in the entrance of the straits, nor did it correspond with that which has been so described." On the other hand, Lieutenant Wilkes, in his Ac- Lieut. ' ' Wilkes. count of the United States Exploring Expedition, says, " In leaving De Fuca's Straits, I anxiously watched for De Fuca's Pillar, and soon obtained a <> 4 I. ■■• (1.:. ■ I-., '-it . a r:; . ;fc' ... 1i- ■ I , I r 88 SILENCE OF ISl'AXISU WJilTEKS. 1 ;lv ' ■ ■ < I, it .']'».' Silence of Spanish writers. 'A, sketch of it ;" but he does not state whether he meant the pillar which INIeares observed on the southern side, and called l)e Fuca's Pillar, or one which, accordin^^ to the Greek pilot, should have formed a prominent object on the north-Avestern coast of the strait. It is not 'Unimportant to observe, that there is no Spanish writer who speaks of I)e Fuca or his discovery : that neither in any private archives in Spain, nor in the public archives of the Indies at Seville, is there any notice of this celebrated navi- gator or of his important expedition, which the author of the Introduction to the Voyage of the Sutil and Mexicana observes is the more remark- able, from the great number of other voyages and expeditions of the same period preserved in the archives, which have escaped the notice of cotem- porary writers; and, what is perhaps still more conclusive, that Humboldt, in his account of New Spain (1. iii. ch. viiiO, states, that in spite of all his researches he had not been able to find thoughout New Spain a single document in which the name of the pilot De Fuca occurs. Bartoieme The Avholc of thcsc latter observations apply with equal force to the voyage of Admiral Bar- toieme Fonte or De Fuentes, which purposes to have been performed in 1640 ; the narrative, how- ever, did not make its appearance till 1708, when it was published in London, in two parts, in " The Monthly Miscellany, or Memoirs of the Curious." The mode in which it was ushered into public notice would alone be sufficient to expose it to considerable suspicion, and the gross absurdities Fonte. BAllTt )LEME FONTK . witli which it is replete would have at once exempted it from any serious criticism, had not the Spanish commissioner, in the negotiations already alluded to, and of which a full account will be given in a subsequent place, rested upon it the territorial title of Spain to the north-west coast, up to 55° of north latitude. Fonte, according to the narrative, sailed with four vessels from Callao into the North Pacific, with orders from the Viceroy of Peru to intercept certain vessels which had sailed from Boston in New England, with the object of explor- ing a north-west passage. On arriving at 0. St. Lucas, at the south point of California, he des- patched one of his vessels " to discover whether California was an island or not, (for before, it was not known whether it w^as an island or a penin- sula.)" He thence coasted along California to 26° of north latitude, and having a steady gale from the S.S.E., in the interval between May 26. and June 14. " he reached the River los Reyes in 53° of north latitude, not having occasion to lower a top- sail in sailing 866 leagues N.N.W., 410 leagues from Port Abel to C. Blanco, 456 leagues to Rio de los Reyes, having sailed about 260 leagues in crooked channels, amongst islands named the Archipelagus de St. Lazarus, wdiere his ships' boats always sailed a mile a-head, sounding, to see what water, rocks, and sands there was." "They had two Jesuits with them, that had been on their mission at 66° of N.L., and had made curious observa- tions." Fonte ascended the Rio de los Reyes in his ships to a large lake, wdiich he called Lake Belle. Here, he says, he left his vessels and proceeded 89 ■/ ! m ■■■■k «;1 ■'i'= n ■>: •'•'. It:-: ■^^ ■ \r - h v -^•■. I ■ Y M^ r.K ; i* S I •.!?< f n : ! li;^ I i^' ' «» •i'l^M mi- kH*.' 90 Mil. GKEENIIUW'S Ol'lNlON. down another river, passing eight fulls, in jill i\2 feet perpendicular, into a large lake which he named De Fonte. Thence he sailed out through tlie Estrecho dc Roncpiillo into the sea, where they found a large ship where the natives had never seen one before, from a town called Boston, the master of which. Captain Shaply, told him that his owner was " a fine gentleman, and major-general of the largest colony in New England, called the Malte- chusets." Having exchanged all sorts of civilities and presents with this gentleman, the admiral went back to his ships in Lake Belle, and returned by the Rio de los Reyes to the South Sea. One of his officers had in the meantime ascended another river, which he named Rio de Haro, in the Lake Velasco, in 61°, whence he sailed in Indian boats as far north as 77°. Here he ascertained that there was no communication out of the Spanish or Atlantic Sea by Davis' Straits, from one of his own seamen, who had been conducted by the natives to the head of Davis' Strait, which ter- minated in a fresh lake of about 30 miles in cir- cumference, in 80° N.L. He himself in the mean- time had sailed as far north as 79°, and then the land trended north, and the ice rested on the land. The result of this expedition was, that they re- turned home, " having found there was no passage into the South Seas by what they call the North- west Passage." Mr. Green- Sucli is the substancc of this rather dull story, nblif "*"' which may be read in full in the third volume of Burney's History of Voyages in the South Sea, p. 190. Mr. Greenhow (p. 84.) observes, that " the Jr Di: LlbiLK AM) UUACIIE. Ul account is very confused and badly written, and is Idled with absurdities and contradictions, which should have prevented it from receiving credit at any time since its appearance : yet, as will be shown, it was seriously examined and defended, so recently as in the middle of the last century, by scientific men of great eminence, and some faith continued to be attached to it for many years afterwards." Amongst its defenders the most conspicuous j. n. dc were J. N. de I'lsle, the brother of William de ^;^ risle, and Philippe Buache, the geographer of the J^"»«^'«^- French king, the predecessor of J. N. Buache, who has already been mentioned as the author of a memoir in defence of Maldonado's narrative. De risle presented to the Academy of Sciences, in 1750, a memoir " sur les nouvelles decouvertes au nord de la mer du Sud," with a map prepared by Ph. Buache, to represent these discoveries. The communication was in other respects of great importance, as it contained the first authentic ac- count of the discoveries lately made by Behring and TchericofF, in 1741. It is not stated from what source De I'lsle derived the copy of Fonte's letter, which seems to have come into his posses- sion accidentally at St. Petersburg, during the ab- sence of the Russian expedition: it Avas not, however, till his return to France in 1747, that he exa- mined it in company with Ph. Buache. They were agreeably surprised to find that it accorded with Buache's o^vn conjectures, and that it harmo- nised in many respects with the discoveries of the Russians. In consequence, Buache laid down in vV « .1 , '4. '■ t 1 '.'■ •;t' ,.'■■ i' » ,i % U 1% 'H r "'-■ I '4' ■in-.: . f:1 1 ; •: I' ^■ ■ ■■'''• t 'n I i VAUUUNUY S RKI'LV liis new map ,1 Avatcr communication between the Pacific Ocean and Hudson's liay. A'oltaire, re- lying; on the authority of De I' Isle, maintained in liis History of Kussia, published in 1750, that the famous passage so long sought for had been at last discovered. The Academy, however, received Fontc's narrative with discreet reserve ; and ob- served, that it required more certain proofs to sub- stantiate it. The author of the Introduction to the Voyage of the Sutil and Mexicana states, that the Spanish government, on the representation of the French geographers, instituted a careful search into the archives of the Indies in New Sixain, as well as into the archives of Peru, and likewise into the archives at Seville, Madrid, Cadiz, and other places, but that not the slightest allusion to De Fonte could be anywhere traced. This result was made known by Robert de Vaugondy, in his reply to Buache, intitled " Observations Critiques sur les nouvelles Decouvertes de I'Amiral Fuentes, 8vo. 1753;" and the author of the Noticia di California, published in Madrid, in 1757, confirmed Vaugondy's an- nouncement. It is unnecessary to observe, that the experience of subsequent navigators has failed to confirm the narrative of De Fonte. There is one passage in the narrative which seems almost of itself to be sufficient to condemn the story. The admiral is made to state, " that he despatched one of his ves- caiifornia scls to discovcr wlicthcr California was an island or a'peninsuia' ^ot ; for bcforc it was not known whether California was an island or a peninsula." Now the Californian GEOGRAIilV «)F fALIFORNIA. Gulf liad been completely explored ])y Francisco de nioa, in 1539, who ascertained the fact of the junction of the peninsula to the main hind, near the 3 2d degree of latitude ; and again by Fer- nando de Alarcon, in 1540, who ascended a great river at the head of the Gulf of California, sup- posed to be the Colorado. A series of excellent charts were drawn up by Domingo del Castillo, Alarcon's i)ilot, a fac-simile of which ]Mr. Green- how (p. Gl.) states may be found in the edition of the letters of Cortez, published at Mexico in 1770, by Arclibishop Lorenzana. The shores of the gulf, and of the west side of California, to the 30th degree of latitude, were there delineated with a surprising approach to accuracy. It is not a reasonable supposition that the Admiral of New Spain and Peru, who must have had ready access to the archives of the Indies at IMexico, should have expressed himself in a manner which argued a total ignorance of the previous discoveries of his countrymen ; but it was very probable that a con- tributor to the Monthly Miscellany should stumble upon this ground, from a notion having been re- vived in Europe, about the middle of the 17th century, that California was an island. Humboldt, in his Essai Politique sur la Nouvelle Espagne, 1. iii. c. viii., states, that when the Jesuits Ivuhn, Salvatierra, and Ugarte, explored, in detail, during the years 1701-21, the coasts of the Gulf of T'>e ^'''f California, it was thought in Europe to have been fomia. for the first time discovered that California was a peninsula. But, in his Introduction geographique, he observes, that in the sixteenth century no per- ' r . : i % V >\1 .' : ,1 If** V ' i, ^.1,. •!ij' ■ ;• :i*i''; i':-Wn 94 ISLAS CAHOLINAS. ' , son in ^^c^xloo tlenicd this fact ; nor was it till tlic seventeenth ccntnry that tlie idea ori<,nnate(l tliat California was an island. J)urin«:i^ the ? ^vcnteenth century, the Dutch freebooters were anionp;st tlie most active and inveterate enemies of Spain in the New World ; and having established themselves in the bay of Pichilingue, on the cast coast of Cali- fornia, from which circumstance they received the name of " I'ichilingues," they caused great embar- rassment to the Spanish viceroys from their proxi- mity to the coasts of Mexico. To these adven- turers the origin of the notion, that California was separated from the main land, has been referred by some authors; but Mr. Grecnhow (p. 94.) states, that it was to be traced to the captain of a Manilla sliip, in 1620, who reported that the asserted river of D'Aguilar was the western mouth of a channel which separated the northern extremity of Califor- nia from the main land. A survey of the lower part of the peninsula was executed by the Go- vernor of Cinaloa, and the Jesuit Jacinto Cortes, in pursuance of the orders of the Duke of Esca- lona, who was Viceroy during 1640-42, about the very time when Fontc purported to have sailed. They did not, however, go to the head of the gulf; and Humboldt informs us, that, during the feeble reign of Charles II. of Spain, 1655-1700, several writers had begun to regard California as a cluster isias Caro- of larffc islands, under the name of " Islas Caro- linas." Thus we find in the maps of this period, in those for example of Sanson, Paris, 1650 ; of Du Val, geographer to the Kmg of France, Abbe- ville, 1655; of Jenner, London, 1666; of De Wit, VAIIIATIOXS IN AfArS. 95 Amsterdam; of A'isclicr, Sclieiikiiis, Ifcnnnn, Moll, Mild othors, which nrc in the Kill^•'s Lihriiiy at the liritisli Museum, Calit'oniia is de[»ieted as an island; and in Jcnncr's Map, in whieli C. IManco is the northernmost headland of California, there is this note : — " This California was in times past thought to have l»een a ])art of the continent, and so made in all maps; but, by further discoveries, was found to be an island, long 1700 leagues." On the other hand, the maps of the later part ^faps of of the sixteenth, and the earlier part of the se- tt'ui.tli'''m(i venteenth centuries, such as those by Ortelius, the I''"' "7''"" jving of Spain's geographer, published in his Thca- turics. trum Orbis Terrarum, first edited in 1570, the two maps adopted by Hakluyt in the respective editions of his voyages, in 1589 and IGOO, that of LeClerc, 1G02, of Hondius, which Purchas adopted in his Pilgrims, in 1625, of Speed, 1646, and that of Blaew in his Novus Atlas of 1648, agree in representing California as a peninsula. The single passage, therefore, in De Fonte's account, in which he, being " then admiral of New Spain and Peru, and now prince (or rather president) of Chili, explicitly states that he despatched one of his vessels, under the command of Don Diego Pennelosa, the nephew of Don Luis de Haro," then great minister of Spain, *' to discover whether California was an island or not, for before it was not knowni whether it was an island or a peninsula," seems to point at once to the European origin of the tale. INIr. Dalrymple, the well-known secretary of the British Admiralty at the time of the Nootka Sound controversy, who was distinguished as the author of many able works 3 ' ■ f . ■f '*■ ■'V V. ,'■■ I,': .'ii . ■V- fj m.> wi I i I It- 9G TETIVER THE NATURALIST. on maritime discoveries, considered the story to petivcr, the have bccn a ieu d'esprit of Mr. James Petiver the naturalist. ni .1 i-»riT naturunst, one of the contributors to the Monthly Miscellany, whose taste for such subjects was evinced by his collection of MS. extracts, since preserved in the British Museum, and whose talent for such a kind of composition Avas shown by his Account of a Voyage to the Levant, published in the same ]\Iisccllany. It is worthy of remark, that the tale of De Fuca and the letter of Do Fonte, as they have derived their origin, so they have derived their support, from writers foreign to the nation in whose favour they set up their asserted discoveries, and from them alone. Maldonado, it is true, was a Spaniard, but he likewise has found defenders only amongst strangers, whilst in his own country his narrative has been condemned as an imposture by posterity equally as by his cotemporaries. W ''■ '• ■ • r- ■ ii W 'i '•i- 97 CHAPTER V. THE CONVENTION OF THE ESCURIAL. The King George's Sound Company, in 1785. — Dixon and rortlock. — The Nootka and Sea Otter. — The Captain Cook and Experiment. — Expedition of Captain Ilanna under the Portuguese Fhig. — 'J'he Felice and li)higonia. — The J'rincesa and San Carlos, in 17H8. — Martinez and Ilaro directed to occupy Nootka in 1789. — The Prin- cess Royal arrives at Nootka. — Colnett arrives in the Argonaut, July 2. 1789, Avith instructions to found a Factory. — lie is seized, with his Vessel, by Martinez. — The Princess Koyal also seized. — IJoth Vessels sent as Prizes to San Bias. — The Columbia and Washington allowed to depart. — llepresentation- of the Spanish Government to the Court of London. — British Keply. — Memorial of Captain INIeares. — Message of the British Crown to Parliament. — British Note of INIay 5. 1790, to the Si)anish INlinistcr in London. — British Memorial of May 16. — INIemorial of the Court of Spain, July 13. — Declaration of his Catholic Majesty to all the Courts of Europe. — Treaty of Utrecht. — Declaration and Counter-declara- tion of July 4. — Spain demands aid from France, according to the Family Compact of 1761. — The National Assendjly promotes a peaceful Adjiustment of the Dispute. — Convention between Spain and Great Britain signed at the Escurial, Oct. 28. 1790. — Recog- nition of the Claims of Great Britain. \:;-'1 ;:'.f-'; •/•■;' ii< '■■ , i'. I*. - J v-. .. .• .'♦y' ■^ c 1' 7 -t - * ',;■ ft =V; *. * '/'' ■ sy ,^, ,'■'' ) t' It has been already observed, that no British sub- ject could trade to the west of Cape Horn without a licence from the South Sea Company, whilst, on the other hand, to the eastward of the Cape of Good Hope the East India Company possessed an exclu- sive monopoly of commerce. Thus the mercantil(3 association which assumed tlie name of the King King George's Sound Company, and which despatched two smmfi"'' vessels under Dixon and Portlock from I'.ngland in *'^"''i''»»y. the autumn of 1785, had found it necessary to ob- 11 Ir 4' . i' i^ -: #;^ iff!' , It)'' I' M' : ': n i^ ■ f "I" ' ' I 98 KiNCi gkokgk's sound company. tain liceiices from the South Sea Company lor them to proceed by way of Cape Horn, and tlicy liad likeAvise entered into an arrangement -with the East India Company to earry their furs to Canton, and there exchange them for teas and other products of China, to be conveyed in their turn round the Cape of Good Hope to I'lngland. These vessels sailed The under the liritish flag". With a similar object, two and tiiu Sea vcsscls, tlic Nootka, undci' Captain Meares, and the ottur. ^^^^ Otter, under Captain Tipping, were, by an asso- ciation under the patronage of the Governor General of India, early in 1786, despatched from Calcutta, under the flag of the l^^nglish East India Company, whilst the Captain Cook and the Experiment sailed from Bombay for the same destination. An attempt, however, had been made by British merchants in the preceding year, to organise a trade between North-west America and China, under the pro- tection of the Portuguese flag, so as to evade the excessive harbour dues demanded by the Chinese authorities from other European nations, by means of licences granted by the Portuguese authorities at Macao. The first expedition of this kind was made by Captain Haima, in 1785, and was most Tho Felice g^(.(.gggf^| ^g ^^ commercial speculation. In a simi- gonia. lar manner, in 1788, some British merchants resid- ing in India fitted out the Felice and Iphigenia for this trade, and through the interest of Juan Cavallo, a Portuguese merchant who had resided for many years at liombay as a naturalised British subject, and traded from that place under the protection of the East India Company, obtained from the Governor of Macao permission for them to navigate under THE FELICE AND Il'HIGENIA. 90 r.-« ■ ■'■'( . .,-1 t ' • ' -* .. 100 THE MEKCIIANT rROriJIETOKS. the vessel. '* Should you," it is observcil, " in the course of your voyage, meet with the vessels of any other nation, you will have as little communication with them as possible. If they be of superior force, and desire to see your papers, you will show them. You will, however, be on your guard against sur- prise. Should they be either Russian, English, Si)anish, or any other civilised nation, and are au- thorised to examine your papers, you will permit them, and treat them with civility and friendship, but at the same time you must be on your guard. Should they attempt to seize you, or even carry you out of your ^vay, you will prevent it by every means in your power, and repel force by force." Captain Douglass, moreover, was directed to note down the good behaviour of his officers and crew, and thus afford his employers a medium to distin- guish merit from worthlessness. " This log-book," they go on to state, "is to be signed by yourself. On your return to China you will seal up your log- book, charts, plans. Sec. Sec, and forward them to Daniel Beale, Esq., of Canton, who is the ostensible agent for the concern ; and you have the most par- ticular injunctions not to communicate or give copies of any charts or plans that you may make, as your employers assert a right to all of them, and as such will claim them." The person to whom such instructions were ad- dressed must evidently have had the control of the vessel, and not been merely in charge of the cargo. It has been, however, rightly observed by Mr. (jireenhow, that the papers on board the Iphigenia, when seized by ]\Iartinez, Avcre written in the Tor- •' I •'•i' y*.' BRITISH COLOURS IIOISTED A'l' NOOTKA. 101 } tugiicse laii,2'u.nge, wliicli Cii])tiiiii honijcliiss did not understiuid, niul therefore could not Avell iiet upon. The reply to this seems to be, that Doiijilass himself acted upon the letter of Captain Meares, inserted in the Appendix to Meares' \ oyages, whii'h emiiodied in Eniilish the substance of the oeneral instructions drnwn up for the expeditioii in Portuguese ; and tlhit the ship's pa])ers were in the Portuguese lim- guage to support her assumed Portuguese cliaracter. There is no doubt that there was some deception in the transaction, but the deception seems to have been directed rather against the Chinese than the Spaniards. Whatever may have been the character Avliich was sought to be given to the Felice and Jphigenia, Meares appears on landing at Xootka to have avowed his British character, by hoisting British colours upon the house Avliich he built on ground granted to him by ^laquilla, the chief of the neighbouring district, as well as by displaying the English ensign on the vessel which he constructed and launched at Nootka. It was his intention to employ this vessel, a sloop of about forty tons, exclusively on the coast of America, in exploring new trading stations, and in collecting furs to be con\'eyed by the other ves- sels to the Chinese markets. It was named the North-west America, and was manned by a crew of seven British subjects and three natives of China. Meares, having left the Iphigenia and North-west America to carry on the trade on the American coast, returned with a cargo of furs to ^lacao, i]i December 1788, and having there sold the Felice, associated himself with some merchants of Lon- II -t ■I .■ V- J 1- ^■■j ■'•■, f:' ". 'p I : VI f •. i ;>^ ■ ■■ - $ :.; »?,v i ■ my .'j, » A- ■•'■.; .■1 •,■'.;:•* 102 The Prin- cess Royal and tl)e Argonaut. THE PRINCESS ROYAL AND ARGONAUT. don, who had embarked in this commerce under licences from the East India and South Sea Com- panies. Two of their vessels, under Dixon and Portlock, which have already been alluded to, the IMnce of Wales and Princess Royal, had just arrived at Canton from the north-west coast of America. Meares, apprehending that mutual loss would result from competition, entered into a formal agreement with Mr. John Etches, the supercargo of the two ships, making a joint stock of all the vessels and property employed in that trade. The new firm immediately purchased an additional ship, named the Argonaut, and the Prince of Wales being char- tered with a cargo of tea to England by the East India Company, the Princess Royal and the Argo- naut were ordered to sail to Nootka Sound under the command of Captain Colnett and Captain Hud- son. It is indisputable that these vessels were sailing under the British flag, and from the instruc- tions delivered to Captain Colnett, the Iphigenia and North-west America Avere henceforward to be under his orders, and to trade on account of the Company. He was accordingly directed to send home Captain Douglass in the Argonaut, and to receive from him the Iphigenia and North-west America, shifting their crews, &c. " We also authorise you," the instructions go on to state, " to dismiss from your service all persons who shall refuse to obey your orders, when they are for our benefit, and in this case we give you to understand, the Prince': . Royal, America, and other small craft, are always to continue on the coast of America. Their officers and people, when the time ( I' •■.• MARTINEZ AND llARO. loa ,1> ■!, ire to ler of i of their service is up, must be embarked in the returning sliip to China, and on no accoinit what- ever will we suiter a deviation from these orders." Thenceforward, it appears, that the Jphigenia and North-west America would be considered as sailing under the same character as the other vessels t)f this Com[)any. The steady advance of the Russian establishments along the north-west shores of the Pacitic, which had become notorious from the publication of Cap- tain Cook's journals, could not but cause great anxiety to the Spanish government. An expedition of inquiry was in consequence sent northward from the port of San Bias in 1788, consisting of two vessels, the Princesa and San Carlos, under the com- '^''^ ^'"j"- ' ^ ' ccsa and mand of EstebaueJose Martinez and Gonzalo Lopez SanCarios. de Haro. They were instructed to proceed directly to Prince William's Sound, and to visit the various factories of the Russians in that neighbourhood. Having executed their commission, they returned to San Bias in the autumn of the same year, and reported the results of their voyage to the Viceroy of Mexico. Martinez brought back the information that it was the intention of the Russians to found a settlement at Nootka. The Court of Madrid in consequence addressed a remonstrance to the Em- peror of Russia against the encroachments upon the territories of his Catholic Majesty, which were assumed to extend northward up to Prince William's Sound, and the Viceroy of jNIexico in the mean time took measures to prevent the execution of any such schemes. With this object he despatched Martinez Martinez and Haro in 1789, with instructions to occupy the II 1. and Haro. ■■)f.. : ^-At. " 'S. ••-> ^1 •'■ 1 mi (: ,.-,.-•5- m 101- IIMIIGKNIA TAKEN TOSSKSSION OF. port of Xootkii by I'i^ilit of the prior discovery of Perez in 1774, to treat any Ivussiau or English ves- sels that might be there with the courtesy which the amicable relations between the several nations required, but to manifest to them the i)aramount rights of Spain to make establishments there, and by inference to prevent all foreign establishments which might be prtgudicial to Spanish interests. The Princesa sailed into Nootka Sound on the fith of May 1789, and found the Iphigenia at Friendly Cove. The San Carlos joined her con- sort on the 13th. The Columbia merchantman, of the United States of America, Avas lying at anchor at no ":reat distance. Mutual civilities passed between the different vessels till the 15th, when Martinez took possession of the Iphigenia, and transferred her captain and crew as prisoners to his own vessels. He subsequently allowed the IlDliigenia to depart, upon an obligation being signed by the captain and supercargo on behalf of Juan Cavallo of Macao, as the owner, to satisfy all demands, in case the Viceroy of Spain should pro- nounce her to be a prize, on account of navigating or anchoring in seas or ports belonging to the dominion of his Catholic Majesty without his per- mission. Captain Kendrick of the Columbia, and Ingraham his first pilot, were called in to witness this agreement. The Iphigenia was released on the 1st of June, and sailed away directly to Queen Charlotte's Island. On the 8th, the North-west Ame- rica arrived from a trading voyage along the south- ern coasts, and was immediately taken possession of by Martinez. A few days afterwards the Princess Ih- lof Iss SEIZUKE OF TllK ARGONAUT. 105 FJoyal arrived frt)in Macao, bringing- iiitelligence <)t' the failure of the hr- /*e of Cavallo, in consequence of which ^lartinez hoisted Spanish colours on board of the North-west America, and employed her to tnide along the coast upon his own account. The Princess Royal was not however molested by him, but, on the 2d of July, her consort the Argonaut arrived with Captain Colnett, who, upon hearing of the treatment of the Tphigenia and the North-west America, hesitated at first to enter the Sound. His instructions were to found a factory, to be called Fort Pitt, in the most con- venient station which he might select, for the pur- pose of a permanent settlement, and- as a centre of trade, round which other stations might be established. Having at last entered the Sound, he was invited to go on board tlie Princesa, where an altercation ensued between Martinez and him- self, in respect of his ol)ject in visiting Nootka, tlie result of which was the arrest of Colnett liimself and the seizure of the Argonaut. Her consort the I'rincess Royal on lier rciturn to Nootka on the 13th of July, was seized in like manner by the Spanish commander. Both these vessels were sent as prizes to San Bias, according to Captain Meares' memorial. The Columbia in the mean tiic co. wliile had been allowed to depart unmolested, and ti.e \\aT. her consort the AYashington, which had been trading "'«'""• along tlie coast, soon folloAved her. Such is a brief summary of the transactions at Nootka Sound in the course of 1789, whicli led to the important political discussions, that terminated in the convention of the 28th of Oct. 1790, signed I* 'it I ■ p •'■j- ■n ! i 100 ^ In: jit?; . mi S|),'iiii''li rcfiioii- fitraiife. r.ritisli reply. ■■-, V*.' Meares' Upf-^, memorial, '-"-i^-'l ■/-J SPANISH ItKMONSTRANCE. iit tlie l^^scriirial. I5y this convention the I'uture rclii- tions of Spain and Great Britain in respect of trade and settlements on the north-west coast of America, were amicably arranged. Immediately upon receiving information of these transactions from the viceroy, the Spanish Govern- ment hastened to communicate to the Court of Lon- don the seizure of a British vessel (the Argonaut), and to remonstrate against the attempts of British subjects to make settlements in territories long oc- cupied and frequented by the Spaniards, and against their encroachments on the exclusive rights of Spain to the fisheries in the South Seas, as guaranteed by Great Britain at i he treaty of Utrecht. The British ^linistry in reply demanded the immediate restoration of the vessel seized, as preliminary to any discussion as to the claims of Spain. The Spanish Cabinet in answer to this demand stated, that as the Viceroy of Mexico had released the vessel, his Ctitholic Majesty considered that affair as concluded, without discussing the undoubted rights of Spain to the exclusive sovereignty, navi- gation, and commerce in the territories, coasts, and seas, in that part of the world, and that he should be satisfied with Great Britain directing her sub- jects to respect those rights in future. At this juncture, Meares, wdio had received from the Columbia, on her arrival at Macao, the tidings of the seizure of the North-west America, whose crew returned as passengers in the Columbia, as well as of the Argonaut and the Princess Royal, arrived at London with the necessary documents to lay before the British Government. A full memorial of ME Hi«:s Mt »ItlAL. H)i 3W lell led lof the trimsiictions at Nootka Sound ' i7H0, Siclud- iiig an iiccount of the earlier i <:ii rciul 'ya<^'es of the Nootka and the Felice, wa« , nted to the House of Conuiions on May 13. 171)0. It is pub- lished in full in the appendix to Meares' Voyages, and the substance of it may be found amongst the state papers in the Ainnial Kegister for 17IX). This was followed by a message from his Majesty ?/„"!.',•!',[;''' to both Houses of Parliament on ^lay 25th, stating '"^■"^• that " two vessels belonging to his Majesty's sub- jects, and navigated under the liritish fhig, and two others, of which the description had not been hither- to sufficiently ascertained, had been captured at Nootka Sound by an officer commanding- two Spanish ships of war." Having alluded to the substance of the communications which had passed between the two Governments, and to the British minister having been directed to make a fresh representa- tion, and to claim full and adequate satisfaction, the message concluded with recommending that " such measures should be adopted as would enable his Majesty to support the honour of his crown and the interests of his people." The House of Commons gave their full assent to these recom- mendations, and readily voted the necessary sup- plies, so that preparations to maintain the rights of Great Britain by arms were immediately com- menced. In the meantime a note had been ad- British dressed on May 5th, to the Spanish minister in^^/^yj London, to the effect that his Majesty the King of England would take effectual measures to pre- vent his subjects from acting against the just and acknowledged rights of Spain, but that he could Id I >^ lOK niUTlSH DKMANI). W fi it '■» ^ n V-' i i; not accede to lior prctonsioiis of ultsoliito sovp- rt'i,2'i»ty, coinmen'e, mid iuivi*»[ition, and tluit hv should consider it his duty to protect his subjects in the enjoyments of tlie ri:ements 1 "dividuals, who btive been jmnished u})on knowledge of their offences. And the King sets up no pretensions to any possessions, the right to whicli lie cannot prove by irrefragable titles." What were the treaties and immemorial pos- session upon which Spain rested her claims, was more explicitly stated in the Spanish Memorial of the 13th June. The chief reliance seemed to have; Trcity of been placed upon the 8th article of the Treaty of ^""^'^''t- Utrecht, as concluded between Great IJritain and Spain in 1713, by whicli it was agreed, that tlie exercise of navigation and commerce to the Spanish AVest Indies should remain in the same state in which it was in the time of Charles II. of Spain ; that no permission should at any time be given to any nation, under any pretext whatever, to trade into the dominions subject to the Cr(jwn of Spain in America, excepting as already specially provided for by treaties : uKjreover, Great Britain undertook " to aid and assist the Spaniards in re-establishing the ancient limits of their dominions in the AVest Indies, in the exact situation in which they had been in the time of Charles II." The extent of the Sjmnish territories, connnerce, and dominions on the continent of America was further alleged in this memorial to have been clearly laid down and •.' -'i X' I.; : ,V ■ J., .^t ' ■ 'P- ■' ■■ ^■> •', ,• ■■■i'A, \, , . I! 4^h ■■;)■'- tii::-:^- Ml Mi? 'JV •■ 110 EXCLUSIVE CLAIMS OF SPAIN. {Uitlieiiticated by a variety of doeiiinents and fonnal acts of possession about the year 1G1)2, in the reign of tlic td^ove-mentioned monarch : all attempted usurpations since that period had been successfully resisted, and reiterated acts of taking possession by Spanish vessels, had preserved the rights of Spain to her dominions, which she had extended to the limits of the Russian establishments within Prince William's Sound. It was still further alleged, that the Viceroys of Peru and New Spain had of late directed the western coasts of America, and the islands and seas adjacent, to be more frequently ex- plored, in order to check the growing increase of smuggling, and that it was in one of the usual tours of inspection of the coasts of California that the commanding officer of a Spanish ship had detained the English vessels in Nootka Sound, as having arrived there, not for the purposes of trade, but with the object of " founding a settlement and fortifying it." From these negotiations it would appear, that Spain claimed for herself an exclusive title to the entire north-western coast of America, up to Prince William's Sound, as having been discovered by her, and such discovery having been secured to her by treaties, and repeated acts of taking possession. She consequently denied the right of any other nation (for almost all the nations of Europe had been parties to the Treaty of Utrecht) to make establishments within the limits of Spanish America. Great P>ritain, on the other hand, maintained her right " to a free and undisturbed navigation, com- merce, and fishery, and to the possession of any -J.->.»1 DKCLAKA'I'IONS OF THE TWO TOWERS. establisliinciit wliieli she miu'lit tbnii with the con- < sent of the natives of the country, where such country was not previously occupied by any of the European nations." These may be considered to have been the two questions at issue between Great Britain and Spain, which were set at rest by the subsequent convention. That such was the object of the convention, is evident from the tenor of two documents exchanged between the two courts on the 24th of July, 1790, the first of which contained a declaration, on the part of liis Catholic Majesty, of his engagement to make full restitution of all the British vessels which were captured at Nootka, and to indemnify the parties, with an vmderstanding that it should not pre- judice " the ulterior discussion of any right which his Majesty might claim to form an exclusive esta- blishment at the port of Nootka;" whilst on the part of his Britannic Majesty a counter-declaration was issued, accepting the declaration of his Catholic Majesty, together with the performance of the en- gagements contained therein, as a full and entire satisfaction for the injury of which his Majesty complained ; with the reservation that neither the declaration nor its acceptance " shall prejudice in any respect the right which his jVIajesty might claim to any establishment which his subjects ndght have formed, or sliould be desirous of forming in future, in the said Bay of Nootka." Mr. Greenhow's mode of stating the substance of these papers (p. 206.) is calculated to give an erroneous notion of the state in which they left the question. He adds, " it being, however, at the same time adiitltted and 111 3 V, .>:' .V ■': I ' ■■,-..) ■1 ■ . "^^ ■ 1* 1 ;[ >'i M NS ^'1 1 -h 1 '^1 •■.s ^i I « ■#.■ H r. fii- • t r.-^ «■ Tlic l<'ainily Coiiipacl. 112 THE FAMILY COMPACT. expressed on both, .sides, that the S[)anish dechirution Avas not to preclude or prejudice the ulterior dis- cussion of any right which his Catliolic j\lajesty might claim to form an exclusive establishment at Xootka Sound." This is not a correct statement of the transaction, as the reservation was expressed in the declaration of his Catholic Majesty ; but so far was his Britannic ^Majesty from admitting it in the counter-declaration, that he met it directly with a special I'eservation of the rights of his own subjects, as already set forth. Had the crown of Spain been able to rely upon assistance from France, in accordance with the treaty of 17()1, known as tlie Family Compact, tliere can be no doidjt that she would have at- tempted to maintain by arms lier claim of ex- clusive sovereignty over " all the coast to the north of Western America on the side of the South Sea, as far as beyond what is called Prince William's Sound, which is in the sixty-first degree ;" but her formal application for assistance was not attended with the result which the mutual engagements of the two crowns -would have se- The Na- curcd at au earlier period. The National Assem- A°"e„,biy. Wy, to which body Louis XVI. was obliged, under the altered state of political circumstances in France, to submit the letter of the King of Spain, was rather disposed to avail itself of the oppor- tunity which seemed to present itself for substi- tuting a national treaty between the two nations for the Family Compact between the two Courts ; and though it decreed that the naval armaments of France should be increased in accordance with <'ONYENTI()N OF THE ESCURIAL. 113 the increased armaments of other European powers, it made no direct promise of assistance to Spain. On the contrary, the Diplomatic Connnittee of tlie National Assembly resolved rather to strengthen the relations of France with l^igland, and to pre- vent a Avar, if possible ; and Avith this object they co-operated Avith the agent of Mi\ Pitt in Paris (Tomline's Life of Pitt, c. xii.), and Avith M. de Montmorenci, the Frencli Secretary for Foreign Affairs, in furthering tlie peaceable adjustment of the questions in dispute. '■ '.?.-¥V"l svas lual se- am- ier ill lin, ior- iti- ms Is; Its tth Convention between His Britannic Majestu and tlie convcntioii /» r* • • 77 '7 7 -» 7 ^oftlie Es- Kimj oj opain, signed at the Lscuriai- the 2Hih oj cmiai. October, 1790. (Annual Pvegister, 1790, p. ?03. ]\Iartens, Kecueil de Traites, t. iv. p. 493.) a Their Britannic and Catholic Majesties, being desirous of terminating, by a speedy and solid agreement, the differences Avhich have lately arisen betAveen the tAvo croAvns, haA^e judged that the best Avay of attaining this salutary object Avould be that of an amicable arrangement, Avhich, setting aside all retrospective discussion of the riglits and pre- tensions of the tAvo parties, should fix their respec- tive situation for the future on a basis confonnable to their true interests, as Avell as to the mutual desire Avith Avhich their said Majesties are animated, of establishing with each other, in every thing and in all places, the most perfect friendship, harmony, and good correspondence. In this vieAv, they have named and constituted for their plenipotentiaries : to wit, on the part of his Britannic ^Majesty, I .»;•■■■■. S^' ■:- t ti :IC. I. ■• >•! ' 114 CONVENTION OF THE ESCUTIIAL. ■W A . -I. Alleyne Fitz-Herbert, Esq., one of liis said Ma- jesty's Privy Council in Great Britain and Ireland, and his Ambassador Extraordinary and Plenipo- tentiary to his Catholic Majesty ; and, on the part of his Catholic Majesty, Don Joseph Monino, Count of Florida Blanca, Knight Grand Cross of the Koyal Spanish Order of Charles III., Councillor of State to his said Majesty, and his Principal Secre- tary of State, and of the Despatches : who, after having communicated to each other their respec- tive full powers, have agreed upon the following articles : — " Art. I. It is agreed that the buildings and tracts of land situated on the north-west coast of the continent of North America, or on islands ad- jacent to that continent, of which the subjects of his Britannic Majesty were dispossessed^ about the month of April, 1789, by a Spanish officer, shall be restored to the said Britannic subjects. " Art. IL And further, that a just reparation shall be made, according to the nature of the case, for all acts of violence or hostility which may have been committed, subsequent to the month of April, 1789, by the subjects of either of the contracting parties against the subjects of the other ; and that, in case any of the said respective subjects shall, since the same period, have been forcibly dispos- sessed of their lands^ buildings, vessels, merchan- dise, or other property whatever, on the said conti- nent, or on the seas or islands adjacent, they shall be 7'e-established in the possession thereof^ or a just compensation shall be made to them for the losses which they shall have sustained. CUNVEXTIOX (.)!• TIIH KSCUilIAL. 115 tmg lat, lall, Ipos- lan- Inti- hall [list tses " Art. in. Aiul. in order to strcn!2:then tlie , CD IjoirIs of Irieiidsliip, and to preserve in future a perfect harmony and good understanding between the two contracting parties, it is agreed tliat their respective subjects shall not ])e disturbed or mo- lested, either in navigating or carrying on their fisheries in tlie Pacific Ocean, or in the South Seas, or in landing on the coasts of those seas, in ^;/r^ct'A* not alreaihj orcupied, for the purpose of carrying on tlieir commerce with the natives of the country, 0}' of mahimj settlements there ; the whole subject, nevertheless, to the restrictions and provisions spe- cified in the three following articles. " Art. IV. His Britannic ^Majesty engages to take the most effectual measures to prevent the navigation and fishery of his subjects in the Pa- cific Ocean, or in the South Seas, from being made a 2^1'etext for illicit trade with the Spanish settle- ments ; and, with this vicAV, it is moreover ex- pressly stipulated, that British subjects shall not navigate, or carry on theil' fishery in the said seas, within the space of ten sea leagues from any part of the coasts already occupied by Spain. " Art. V. It is agreed, that as well in the places which are to be restored to the l*ritish sub- jects, by virtue of the first article, as ni all other parts of the north-western coasts of North America, or of the islands adjacent, situated to the north of the parts of the said coast already occupied by Spain, Avherever the subjects of either of the two powers shcdl have made settlements since the month of April, 1789, or shall hereafter make any, the subjects of the other shall have free access, and ;v'-i^' ti'^ V . <• '■: I • ?■< f ' t ^!; 1 1 ■ft ■ i > ^ ■ 1 ii* ,■ J "5 ; 110 CONVENTION OF THE ESCURIAL. shall carry on their trade, without any disturbance or molestation. " Art. VI. It is further agreed, with respect to the eastern and western coasts of South Ame- rica, and to the islands adjacent, that no settlement shall be formed hereafter, by the respective sub- jects, in such parts of those coasts as are situated to the south of those parts of the same coasts, and of the islands adjacent, which are already occupied by Spain : provided that the said respective sub- jects shall retain the liberty of landing on the coasts and islands so situated, for the purposes of their fishery, and of erecting thereon huts, and other temporary buildings, serving only for those purposes. " Aet. V^II. In all cases of complaint or infrac- tion of the articles of the present convention, the officers of either party, without permitting them- selves previously to commit any violence or act of force, shall be bound to niake an exact report of the affair, and of its circumstances, to their re- spective courts, who will terminate such differences in an amicable manner. " Art. VIII. The present convention shall be ratified and confirmed in the space of six weeks, to be computed from the day of its signature, or sooner, if it can bo done. " In witness whereof, we the undersigned Pleni- potentiaries of their Britannic and Catholic Ma- jesties, have, in their names, and in virtue of our respective full powers, signed the present conven- tion, and set thereto the seals of our arms. " Done at thePalace of St. Laurence, the twenty- a ARTICLES Ul«' THE t'U>JVENTJ.(.>N. 117 be to or ty- eiglitli of October, one thousand seven hundred iind ninety. " Alleyne Fitz-IIerbert. (L.S.) " Kl Conde DE Florida Blanca." (L.S.) On examining this convention, it will be seen ist Article. that the first arti de confirmed the positive engage- ment which his Catholic Majesty had crntracted by his declaration of the 24th July : that the second sd Article. contained an engagement for both parties to make reparation mutually for any contingent acts of violence or hostility : that the third defined for 3d a i tide, the future the mutual rights of the two contract- ing parties, in respect to the questions which re- mained in dispute after the exchange of the decla- ration and counter-declaration. By this article the navigation and fisheries of the Pacific Ocean and the South Seas were declared to be free to the subjects of the two crowns, and their mutual right of trading with the natives on the coast, and of making settlements in 2olaces not already occupied^ was fully recognised, subject to certain restrictions in the following articles. By the fourth of these, his Britannic Majesty 4tii Article, bound himself to prevent his subjects carrying on an illicit trade with the Spanish settlements, and engaged that they should not approach within ten miles of the coasts already occupied by Spain. By the fifth it Avas agreed that, in the places 5th Article, to be restored to the British, and in whatever parts of the north-western coasts of America, or the 1 3 •■;/' M I < ^': -. ,,1 • 'Y ■VVi • . :'■'■■ •fr- ■'•«■"'■ ;■.,'■ ^i. '4* 118 SCUUKLLS TUAITKS J)E VMS.. I ii 1 '■'< ■ i I n- •I ^^ I, 'i5 ill '■■t- * ■ *< . jidjacent islands, situate to the north of the parts already occupied by Spain, the subjects of either poAVcr should make settlements, the subjects of the other should have free commercial access. fith Article. By thc sixth it was agreed, that no settlements should be made by either power on thc eastern and western coasts of South Americn, or the adja- cent islands, south of the parts already occupied by Spain; but that they should be open to the tempo- rary occupation of the subjects of either power, for the purposes of their fishery. 7th Article. By thc sevcuth, provisions were made for the amicable arrangement of any differences which might arise from infringements of the convention ; 8th Article, and, by the eighth, the time of ratification was settled. It thus appears that, by the third article, the right insisted upon by the British charge-d'af- faires at Madrid, in the Memorial of the 16th of May, was fully acknowledged ; namely, " the indis- putable right to the enjoyment of a free and unin- terrupted navigation, commerce, and fishery, and to the possession of such establishments as they should form, with the consent of the natives of the country, not previously occupied by any of the Eu- ropean nations." In accordance with this vicAv, it is observed in Schoell's Histtnre Abregee des Traites de Paix : "En consequence il fut signe le 28 Oc- tobre, au palais de I'Escurial, une convention par laquelle la question litigieuse fut entierement de- cidee en faveur de la Grande Bretagne." Thus, indeed, after a struggle of more than two hundred years, thc principles which Great Britain Schoell's Traites de Faix. r ■ 3 MK. UKKLJS'llOW S VUJWfj. no vo Lin liiid iissiM'tcd in the reif^n of Elizjibotli, were at lust recognised by Spain : the unlimited pretensions of the Spanisli crown to exclusive dominion in the AV\\stern Indies, founded upon the bull of Alexan- der VL, were restrained within definite limits ; and occupation, or actual possession, was ac- knowledged to be henceforward the only test be- tween the two crowns, in respect to each other, of territorial title on the west coast of Xorth America. ]Mr. Greenhow states, (p. 215.) that both parties m>- Green- 11 • n 1 1 1 (» liow's view were, l)y the convention, equally excluded troniofthe settling in the vacant coasts of South America ; ^'"'^y- and from exercising that jurisdiction which is essential to political sovereignty, over any spot north of the most northern Spanish settlement in the Pacific. The former part of this statement is perfectly correct, but the latter is questionable, in the form in which it is set forth. The right of trading with the natives, or of making settlements in places not already occupied, was secured to both parties by the third article : whereas, in places where the subjects of either power should have made settlements, free access for carrying on their trade was all that was guaranteed to the subjects of the other party. This then was merely a com- mercial privilege, not inconsistent with that terri- torial sovereignty, which, by the practice of nations, would attend upon the occupation or actual posses- sion of lands hitherto vacant. In fact, when j\Ir. Greenhow observes, in continuation, that " the con- vention determined nothing regarding the rights of either to the sovereignty of any portion of America, except so far as it may imply an abrogation, or ra- I 4 % 1 ' }■*• 120 VANC<)UVEU S MISSION'. t . .'. T -) v\ '!? :*' Vancouver. tliir siis|)t'nsion, of all such claims on both sides, to any of those coasts ;" he negatives his previous supposition that the convention i)recluded the ac- quisition of territorial sovei'cignty by either party. The general law of nations would regulate this fjuestion, if the convention determined nothing : and, by that general law, " when a nation ,'akes j)ossession of a country to which no prior OAvner can lay claim, it is considered as acquiring the em- pire or sovereif/nfjj of it at the same time with the domtmi." The discussion of this (juestion, how- ever, as being one of law, not of fact, will be more properly deferred. One object of ^"ancouver's mission, as already observed, was to receive from the Spanish officers such lands or buildings as were to be restored to the subjects of his Britannic Majesty, in conformity to the first article of the convention, and instruc- tions were forwarded to him, after his departure, through Lieutenant Hergest, in the Daedalus, to that effect. The letter of Count Florida Blanca to the commandant at Nootka, which Lieutenant Hergest carried out with him, is to be found in the Introduction to Vancouver's Voyage, p. xxvii. " In conformity to the first article of the conven- tion of 28th October 1790, between our Court and that of London, ( ) you will give directions that his Britannic Majesty's officer, who shall deliver this letter, shall immediately be put into possession of the buildings, and districts or parcels of land, which were occupied by the subjects of that sovereign in April 1789, as well in the port of Nootka or of St. Lawrence, as in the other, said NuuTKA ])i;Livi:in:i) t<> tjeutknant rii:ii( i;. 121 lo Ive Iho lut lor Its rt to bu called Port (ox, and to be situated about sixteen lea^jues distant tVoni tlic Ibnuer, to tiie southward; and that sueU parcels or districts of land of which the l'ln<^lisli subjects were dispossessed, be restored to the said otlicer, in case the Spaniards should n(jt have given them up." \'ancouvei', however, on his arrival, found him- self unable to acquiesce in the terms proposed by Seuor (Quadra, the Spanish commandant, and des- patched Lieutenant Mudge, by way of China, to Kngland, for more explicit instructions. Lieute- nant IJrougliton was subsequently directed to \)Vo- cecd home in 1703, with a similar object. On his arrival he was sent by the British Government to ]\L'idrid; juidon his return to London, was ordered to proceed to Xootka, as captain of his ^Majesty's sloop Providence, with Mr. ]\Iudge as his first lieutenant, to receive possession of the territories to be restored to the British, in case they should not have been previously given up. His own account, laiblished in his \^oyage, p. 50., is unfor- tunately meagre in the extreme. On ITtli March 171)6 he anchored in the Sound, where Maquinna and another chief brought him several letters, dated March 1795, which informed him "that Captain A'ancouver sailed from Monterey the 1st December 1794, for England, and that the Spaniards had delivered up the port of Nootka, &c. to Lieutenant Nootka iie- Pierce of the marines, agreeably to the mode of ""^'^" "'*" restitution settled between the two Courts. A letter from the Spanish officer, Brigadier Alava, informed him of their sailing, in March 1705, from thence." It is evidently to this transaction that Schoell, in ■.V ■•■«. •'f ir t , V •■5 ;^ f c».-. .1-. •f: TV*" -'' i " * '- ■f'.i - • .is- si ; .. ..•'«■:•■ i< :- f ' '■'■'' -' 122 iJi:LSllAM'8 IllSTuKV oh' KNGLAMj. liis edition of Koch's Ilistoii'c Al)ivuve clt'S Triiitrs (Ic I*uix, t. i. cli. xxiv. rut'ers, wlicii lie writes, — " L'cxecutioii tie lu Conveytioii (hi 28 Octobre 1 71MJ, e[)r()iivii, du reste, des di+Kei'lt^js (jui la retarderent jiisqu'en 171)5. KUes fui'ciii tenniiiees le 23 Mars de cctte aniiee, sur Ics lieux nieiiic.,, par la briga- dier espa<^nol A lava, et le lieutenant anglais I*oara (Tierce ?), quieehangerent des declarations dnwa de golt'e de Nootka memc. Apres que le fort cspagnol fut rase, les Espagnols s'enibar([uerent, et le pavil- ion anglais y fut plante en signe de possession." iM. Koch does not give his authority, but it was most probably Spanish, fron) the nioditication wliich the name of the British lieutenant has undergone. On the other hand, ^Ir. Greenhow cites a passage from Belsham's History of England, to this effect : — " It is nevertheless certain, from the most authentic information, that the Spanish flag flying at Nootka was never struck, and that the territory has been virtually relinquished by Great Britain." It ought, however, to have been stated, that this remark oc- curs in a note to Belsham's work, without any clew to the authentic information on which he professed to rely, and with a special reference to a work of no authority — L'Histoire de Frederic-Guillaume II., Ivoi de Prusse, par le Comte de Segur ; — in which it is stated, that the determination of the French Con- vention to maintain at all risk the Family Compact, intimidated Great Britain into being satisfied with the mere restitution of the vessels which had been captured with her subjects, while engaged in a contraband trade with the Spanish settlements ! It fiirther appears from an oflicial Spanish paper, to .M. DLl'Lor l)E MUFKA.S. 12a bt, wliicli Mr. (Irec'iilunv nlludus in a note (p. 2'u.) as cxist'm;^- in t\\v. lil)rary of C'onf^russ at W'jisliiiig- ton, intitk'd " Instruci'ion rescrvada del Ivoyno do NuGva Kspana, (juo el Kxnio Serior \'irrey C'oiidc de Jvevillaiii^i'edo dio 11 sii siicosor ol i'^xnio Scuor Mar([ucs de Braneiibrtc, en el ano de 1704," that orders had been sent to the eonnnandant at Nootka to abandon the place, agreeably to a royal (f/'ctdnioi. The negative remark, therefore, of Mr. lielshani, cannot disprove the fact of the restitution of Nootka to the ])ritish, against the positive statements of so many high authorities: it may, indi'cd, be con- clusive of his own ignorance of the fact, and so far his integrity may remain unimpeached ; but it nuist be at the expense of his character for accurate research and careful statement- -the most valuable, cis well as the most necessary qualifications of a writer of history. M. Duflot de Mofras, in his recent work, intitled " Exploration du Territoire de TUregon," toni. ii. p. 145., further states, that Lieutenant Pierce passed through Mexico. " Par suite de quelques fausses interpretations du traite de 28 Oct. 1790, les Espagnols ne ren irent point inmiediatement Xootka aux Anglais, et ce ne fut qu'en Mars 1795, que le commandant espagnol opera cette cession entre les mains du Lieutenant Pierce, de I'infanterie de marine anglaisc, venu tout expres de Londres par le ]\Iexique, pour hater I'execution du traite de rEscurial." .(/• •' r. .^ • ■■' t,- •it -ft It 4 "^ \ ♦■ i^"^ 124 CHAPTER VI. THE OREGON OR COLUMBIA RIVER. ;1 :, Iff 1"). I!nino Ilecela. Enscnada dc Hcccta. The Oregon, or Great River of the West, discovered by D.Bruno Ileceta, in 1775. Ensenada de Ileceta. — Rio de San Roque. — Meares' Voyage in the Felice, in 1788. — Deception Bay. — Van- couver's Mission in 1791. — Vancouver vindicated against Mr. Grcenhow in respect to Cape Orford. — Vancouver passes through Deception Bay. — Meets Captain Gray in the Merchant-ship Columbia. — Gray passes the Bar of the Oregon, and gives it the Name of the Columbia River. — Extract from the Log-book of the Columbia. — Vancouver defended. — The Chatham crosses the Bar, and finds the Schooner Jenny, from Bristol, inside. — The Dis- covery driven out to Sea. — Lieutenant Broughton ascends the River Avith his Boats, 110 INIiles from its INIouth. — Point Van- couver. — The Cascades. — The Dalles. — The Chutes or Falls of the Columbia. — Mr. Greenhow's Criticism of Liutenant Broughton's Nomenclature. — Lord Stowell's Definition of the Mouth of a River. — Extent of Gray's Researches. — The Discovery of the Columbia River a progressive Discovery. — Doctrine as to the Discovery of a River, set up by the United States, denied by Great Britain. It is generally admitted that the first discovery of the locality where the Oregon or Great River of the West emptied itself into the sea, was made in 1775, by D. Bruno Heceta, as he was coasting homewards to Monterey, having parted with his companion Bodega in about the 50th degree of north latitude. We find in consequence that in the charts published at Mexico soon after his return, the inlet, which he named Ensenada de la Asuncion, is called Ensenada de Heceta, and the river which was supposed to iieceta's discovery of the Columbia. 125 Lcla to empty itself there, is marked as the Rio de San i^'" ''^- San Roque. The discovery however of this river by Heceta was certainly the veriest shadow of a dis- covery, as will be evident from his own report, which Mr. Greenhow has annexed in the Appendix to his work. Havhig stated that on the 17th of August he discovered a large bay, to which he gave the name of the Bay of the Assumption, in about 46° 17' N. L., he proceeds to say, that having placed his ship nearly midway between the two capes which formed the extremities of the bay, he found the currents and eddies too strong for his vessel to contend with in safety. " These currents and eddies of water caused me to believe that the place is the mouth of some great river, or of some passage into another sea." In fact, Heceta did not ascertain that the water of this current was not sea-Avater, and as he himself says, had little diffi- culty in conceiving tliat the inlet might be the same with the passage mentioned by I)e Fuca, since he was satisfied no such straits as those described by De Fuca existed between 47° and 48°. Although however the discovery of this river was so essentially imperfect, being attended by no exploration, as to hardly warrant the admission of it into charts which professed to be well authen- ticated, still its existence was believed upon the evidence which Heceta's report furnished, and as subsequent examination has confirmed its existence, the Spaniards seem warranted in claiming the credit of the discovery for their countryman. No further notice of this supposed river occurs Mime's until Meares' voyage in the Felice, in 1 788. Meares, uio Felice. ',*' ■ ;^'.:; '^:''^, : f. ■■'% ' u ■i l . a- .. ■ 2.-: '"•' ■■■ V- ','■-. , f, .1- , !» <■ . .'.■ ' 'i. Ik !/ ..'V :;^ f a'' ■- ft , ,1 HI rt- ■I" 7^ ' . , ■,., . H' tf . t' ■ '2 v' ■>*3:'. ,■- ■^ ■■■.■.•if- ^i: • :■ -.f ;. .^?v ; 4 ■'- ■V, , ^'^ \. M • "». 'i • • Jji; ■ ^r> ■-4 ' •i^^ iJ^f " M ■.; ** : J' : ■:^': I t, . ""I fi ■'; >i ■ {■ ',";< ■ V '^t n S-'^^''^' i ■I*-'; 'M V- ..'); •A^- '.t :i^.[ ■v^'.". I 130 4':'i. ■?ji'.' :«^:'S i ^.': ml .'IB- '-i •; • ''ii s f; Vancouver. VANCOUVEKS VOVAGK. settlement wliieli liad been made within tlie limits of C)0° and 30" north latitude by any Juiropean nation, and the time when sueh settlement was made. Witli this object, amongst others more im- mediately connected with the execution of the first article of the Convention, Captain George Vancouver was despatched from Deptford with two vessels on January 6. 1791, and having wintered at the Sand- wich Islands, where lie was instructed to wait for further orders in reference to the restoration of the buildings and tracts of land, of which British subjects had been dispossessed at Nootka, he arrived off the coast of America on April 17. 1792, in about 39° 30'. He had received special instructions to ascertain the direction and extent of all such con- siderable inlets, whetlier made by arms of the sea, or by the mouths of great rivers, wdiich might be likely to lead to, or facilitate in any considerable de- gree, an intercourse, for the purposes of commerce, between the nortli-west coast and the country upon the opposite side of the continent, wliich are in- habited or occupied by his ]\Iajesty's subjects ;" but he was expressly required and directed " not to pursue any inlet or river further than it should appear to be navigable by vessels of such burden as might safely navigate the Pacific Ocean." (In- troduction to Vancouver's A'oyage, p. xix.) Having made a headland, which he supposed to be Cape Mendocino, A^mcouver directed his course northward, examining carefully tlie line of coast, and taking soundings as he proceeded. In about latitude 42° 52', longitude 235° 35', he remarked a 1 projecting headland, apparently composed of /<,,-(■ craggy rocks in the space l)etween the Avoods ■^'« I HI : ■.' ■ t'Al'K OHKOHD. i;^,i de- rce, jpon iri- but It to uld den In- to irse last, lout Id a of )ds and tlio wasli oi' the sea, and covei'cd with wood nearlyto the edge of the surf, which, as forming a very conspicuous point, he distinguislied by the name of Cape Orford. jNFr. Greenhow lias allowed his t'- ^^'■'""'• antipathy to A'^ancouver to lead him into an er- roneous statement in respect to this headland. A^ancouver (vol. i. p. '^OS. April 25. 1792) writes: " Some of us were of opinion that this was the Cape JJlanco of Martin d'Aguilar; its latitude, however, ."'Ii.red greatly from that in which Caj^e l^lanco is i)laced by that navigator; and its (/ark appearance, whicth might probably be occasioned ])y the haziness of weather, did not seem to entitle it to the appellation of Cape Blanco." He afterwards goes on to say, that at noon, Avhen Cape Orford was visible astern, nearly in the horizon, they had a . projecting headland in sight on the westward, which he considered to be Cape Jilanco. He here ranged ^'- kI'I'^o. along the coast, at the distance of about a league, in hope of discovering the asserted river of D'Agui- lar. " About three in the afternoon, we passed within a league of the cape above mentioned, and at about half that distance from some breakers that lie to the westward of it. This cape, though not so projecting a point as Cape Orford, is nevertheless a conspicuous one, particularly when seen from the north, being formed by a round hill, on high per- pendicular cliffs, some of which are ichite, a con- siderable height from the level of the sea." It appeared to A^ancouver to correspond in several of its features with Captain Cook's description of Cape <-"• ^•'■^'• Gregory, though its latitude, Avhicli he determined to be 43° 23', did not agree with that assigned by K 2 .?. .i. ■■":v' I, .•;•.>.■; . , ■: 'i- i\, .'V ■ t ,' ■ I ■■.I • .I" •' ■,i •; i ■1;; \ ■>■■ - ■l »' I ^i .i r> « ^:'[ 132 Mi:. (iUEKXIIOW's rkmauks. Cn[)taiii Cook to that lieadlaiid ; ])ut ho again states, that there was a " probability of its being also the Cape Blanco of D'Aguilar, if land hereabouts the latter ever saw;" and that " a compact tchite sandy beacli commenced, whore the rocky cliffs composing it terminate." Mr. Greenliow remarks : " Near the 43d degree of laticiide, they sought in vain for the river, which Martin d'Aguilar was said to have seen, entering the Pacific thereabouts, in 1 603 : and they appeared inclined to admit as identical Avith the Cape Blanco of that navigator, a high, ivhithli pron^ontory, in the latitude of 42° 52', to which, however, they did not scruple to assign the name of Cape Orford." Had these observations been de in reference to Cape Gregory, the high cliffs of Avhich are described by Vancouver as ichite, they would have been intel- ligible ; but, directed as they are by Mr. Greenhow against a headland which A'ancouver expressly de- scribes a sa " wedge-like, low, perpendicular cliff, composed of hlacl: cra(/(ji/ rock, with breakers upon sunken rocks about four miles distant, in soundings of forty-five fathoms, black sandy bottom," they ex- pose Mr. Greenhow himself to the charge of not being sufiiciently scrupulous when assailing a writer, towards whom he confesses that he feels consider- able animosity. Having reached Cape Lookout, in 45° 32' X. L., Vancouver examined with attention the portion of coast which Meares had seen. About ten leagues to the north of this headland, the mountainous inland country descends suddenly to a moderate height, and were it not covered with lofty timber, might Itvp If ipon L, |i of Is to land rht, kht CAPE DISAPPOIXTNrENT 133 be deemed lowland. i\oon, "on tlu; L'7th of April, brought them in siglit of ii consjjiouous point of land, composed of ji clustcH* of hummocks, mo- derately high, and projecting into the sea from the low land above mentioned. These hunnnocks arc barren, and steep near the sea, but their tops thinly covered with wood. On the south side of this j^romontory was the appearance of an inlet^ or small river, the land behind not indicating it to be of any great extent ; nor did it seem accessible to vessels of our burden, as the breakers extended from the above point two or three miles into the ocean, until they joined those on the beach, three or four leagues further south. On reference to ]\lr. Meares' de- scription of the coast south of this promontory, I was at first induced to believe it to be Cape Shoal- water ; but on ascertaining its localities, I presumed it to be that which he calls Cape Disappointment, c. Disap- and the opening south of it Deception Bay. This cape was found to be in latitude of 46° 19', longi- tude 236° 6' east. The sea had now changed from its natural to river-coloured water, the probable consequence of some streams falling into the bay, or into the opening north of it, through the low land. Not considering this opening worthy of our attention, I continued our pursuit to the north- west, being desirous to embrace the advantages of the now prevailing breeze and pleasant weather, so favourable to our examination of the coasts." The purport of Vancouver's observations in tlie passage just cited will not be correctly appre- ciated, unless his instructions are kept in mind, vdiich directed his attention exclusively to such pointment. ■.l-«X ■f •■ : . "i . K -5 ■ ■» 13 1 iMl{. HOBEIM' GIJAV .4 ■).•■ P >■ : 1^ ff ': M-j * '■■ I' Grav iiil(3ts oi' rivers which sliould appear to he iuivigal)lc to sca-n;()in<( vessels, and he likely to facilitate in any considerahh^ decree a communication with the north-west coast. \'ancouver seems to have ad- vanced a step ])eyond lleceta in observing the river- coloured icitfer, and so determining the inlet not to be a strait of the sea ; but he rightly decided that the opening in the north part of the bay was not worthy of attention, either in respect to his main object of discovering a water-communication with the north-west coast, or to the prospect of its afford- ing a certain shelter to sea-going vessels. Vancouver, as he approached De Fuca's Straits on 29th April, when off Cape Flattery, fell in with the merchant sliip Columbia, commanded by Mr. Robert Mr. Robcrt Gray, which had sailed from Boston on the 28th Sept. 1788. Captain Gray had formerly commanded the Washington, when that vessel and the Columbia, commanded by Captain John Ken- rick, visited Nootka in 1788. Having given Van- couver some information respecting De Fuca'aJ Straits, he stated that he had "been off the mouth of a river in the latitude of 4G° 10', where the out- set, or reflux, was so strong as to prevent his entering it for nine days. This," continues Van- couve , " was probably the opening passed by us on the forenoon of the 27th, and' Avas apparently then inaccessible, not from the current, but from the breakers that extended across it." Gray at this time had not succeeded in passing the bar at the mouth of the Columbia. After parting from Van- couver, he continued his course to the southward for the purposes of his summer trade. Tlie extract from ' ;tr-;>-*'i» » i ' » * * « .MiKia [H r>iiBajm < '"'"- which we steered." In the 13ritish statement it is admi<^ted that "Mr. Gray, finding himself in the bay formed by the discharge of tlic waters of the Columbia into the Pacific, was the first to ascertain that this bay formed the outlet of a great river — Ji discovery which had escaped Lieutenant Aleares, when in 1788, four years before, he entered the same bay." This passage has been quoted to show that the claim of Captain Gray to the honour of having first crossed the bar of the river has not been impeached by the liritish Commissioners. He gave to the river the name of his own vessel, the Columbia. The Columbia remained at anchor on the 12th and 13th. On the 14tli of May, (Jray weighed anchor, and stood up the river N.h^. by E. The log-book of the Columbia fnrnishes the ibl- i';'s-i"'"»^ o „i till! Co- lowing extract : lunibia. " We found the channel very narrow. At 4 r.iM. we had sailed upwards of twelve or fifteen miles, when the channel was so very narrow that it was almost impossible to keep in it, having from three to eighteen fathoms water, sandy bottom. At half- K 4 t i '5r- -. r • *■■ •i. ' it- ;. * ■h if V .1, 136 LOG-BUOK Oi;' llIK tULLMlUA. past four the sliip took ^'"ouiul, but hIic did uot stay long before she eame oti, without any assistance. We Imcked her oft' steni-forcuiost into three futlioms, and let go tlie small bower, and moved ship Avith kedge and hawser. The jolly-boat was sent to sound the channel out, but foiuid it not navigal)le any further up ; .sy) of course ice nmst have taken the wrong channel. So enils^ with rainy weatlier ; many natives alongside." On the following day Gray unmoored, and dropped down the y'wqy with the tide. On the 18th he made the latitude of the entrance to be 4G° W north. On the 20tli he succeeded, after some difticulty, in beating over the bar out to sea. This log-book, the authenticity of which is vouched for by Mr. Bidiinch, of IJoston, one of the owners of the Columbia, aftbrds the best evidence that Captain Gray's claim is limited to the discovery of the mouth of the Columbia, a discovery difterent indeed in degree from Ileceta's or Vancouver's, and entitled to higher consideration, but not dift'erent in kind. It must be remembered that the problem to be solved was the discovery of the Great River of the West, but this problem was surely not solved by Gray, who expressly states that the channel which he explored Avas not navigable any further up than twelve or fifteen miles from the entrance ; " so of course," he adds, " w^e nmst have taken the wrong channel." But such a description would hardly have convinced the world tliat Gray had succeeded in discovering the Great River, unless Lieutenant Broughton had subsequently succeeded in entering the right channel, and had explored its » '^m»-'- SWKi VANCOrVKK IJKFKNDKI). 137 je; coursu tor the distance ofmorc than OIK' huiidrt'd miles from the sea. lUit the repututioii of this enterpris- ing man needs no fictitious laurels. He was deci- dedly the first to solve the difficult <[Ucstion of there being apassage, such as it is, over tlie bar of the river. Mr. Greenhow, in connnenting upon Gray's dis- covery, observes, " Had Gray, after parting with the English ships, not returned to the ricer, and ascended it as hv. did, there is every reason to believe that it would have long remained unknown ; for the assertion of A'ancouver, that no opening, harbour, vi [)lace of refuge for vessels was to be foimd between Cape Mendocino and the Strait of Fuca, and that tins part of tl'e coast formed one compact, solid, and near y straight barrier against the sea, would have served completely to ovevtJirow the evidence of /.t American far-trader, and to prevent any further attempts to examine those shores, or even to approach them." Now the evidence of the American fur-trader, Vancouver had he not retiirnt'd to the 7'ii'er, would liave needed no Vancouver to overthrow it, for it would have amounted to this, that Gray had been off the moutli of a river for nine days, without being able to enter it; whereas Vancouver's own statement -would have been, th. 1 on the south side of Cape Disappoint- •iuent there was the appearance of an inlet or small river, " which did not however seem accessible for vessels of our burthen," as breakers extended right across it. Mr. Greenhow misrepresents Vancouver, when he states that Meares' opinion was subscribed without qualification by Vancouver, for Vancouver carefully limits his opinion of the river to its being ■*■'(■: ■ f 138 BliUUGIITON CKOSSES TJIE BAU. .'' < [/■'■A' •H' ^tt.'-i',; i'-r-.. ■4 ■J! inaccessible to vessels of equal burtlien with his own sloop of war, the Discoveiy. Gray, after entering the Columbia, ai)pears to have returned to Xootka, and to have given to h^eiior (Quadra, the Spanish connnandant, a sketch of the river. A^ancouver, having attempted in vain to conclude a satisfactory arrangement with Quadra in respect to the fulfilment of the first article of the Nootka convention, determined to re-examine the coast of New Albion. With this object he sailed southward in the Discovery, accompanied by tlie Chatham and the Daedalus. The Daedalus having been left to explore Gray's harbour in 4G° 53', the Discovery and Chatham proceeded round Capo Disappointment, and the Chatham, under Lieutenant Broughton, was directed to lead into the Columbia river, and to signalise her con- sort if only four fathoms w^atcr should be found over the bar. The Discovery followed the Chatham, till Vancouver found the water to shoal to three fathoms, with breakers all around, which induced him to haul off to the westw^ard, and anchor outside The Chat- the bar in ten fathoms. The Chatham, in the the bar. ' uicau time, cast anchor in the midst of the breakers, where she rode in four fathoms, with the surf breaking over her. " .My former opinion," wi'itcs Vancouver, " of this port being inaccessible to ves- sels of our burthen was now fully confirmed, with this exception, that in very fine weather, witli moderate winds and a smooth sea, vessels not exceed- ing 400 tons might, so far as avc were able to judge, gain admittance." It may be observed that the vessels of the Hudson's Bay Conn)any, by which ■i. K DANCiKKS OF THE NAVIGATION. 139 i vi' til th I the coiiiniercc of this part of the country is iihnost exclusivoly carried on, do not exceed ofiO tons, and draw only fourteen feet water. Captain A\'ilkes, in the United States Exploring Expedition, vol. iv. p. 480., speaks of a vessel of from 500 to COO tons, the Lausanne, having navigated the Columbia ; on the other hand, the Starling, which accompanied the Sulphur exploring vessel, under Captain Belcher, in July 1839, left her rudder on the bar, and tlie American corvette, the Peacock, which attempted to enter the river in July 1841, was lost in very line weather, having been drifted amongst tlie breakers by the set of the current. AVhen it is known that the vessels of the Hudson's Bay Company have been obliged to lie-to off the mouth of the Columbia for upwards of two months before they could venture to cross the bar, and that vessels have been detained inside the bar for up- wards of six weeks, it must be acknowledged that Vancouver's declaration of the probable character of the river has not fallen very wide of the mark. On the next day the Chatham succeeded, with Tiie dis- -' '*?# the flood-tide, in leading through the channel, and driven out anchored in a tolerably snug cove inside Cape Dis- *° ^'"" appointment; but tlie Discovery, not having made so much way, was driven out by a strong ebb tide into 13 fjxthoms water, where she anchored for the night, and on the following day was forced by a gale of wind to stand out to sea, and to abandon all hope of regaining the river. On the Chatham rounding the inner point of Cape Disappointment, they were sur[)riscd to hear a gun fired from a vessel, which hoisted English u •4 140 BKOUGIITON KXPLORKS THE RIVEK. t:.: i\vV I '"f ■ ■ ' • ■'■• > l(#n ■:r.;^^/ ^ •1 ( ' '.i 1 '■ if?' iM colours, Hiid proved to be the Jenny, a small schooner of Bristol, connntmded by JNlr. James Baker, which had sailed from Nootka Sound direct to England, before Vancouver started. This cove or bay inside Cape Disappointment was in consequence named, by Lieut. Broughton, Baker's Bay, which name it retains, and it appeared from Captain Baker's account that this was not the first occasion of his entering the river, but that he had been there in the earlier part of the year. The Chatham in the mean time proceeded up the inlet, and having in her course grounded for a short time on a shoal, anchored ultimately a little below the bay which had tei-minated Gray's researches, to which Gray had given his own name in his chart. The sketch of this, with which Van- couver had been favoured by the Spanish com- mandant at Nootka, was found by Broughton not to resemble much what it purported to represent, nor did it mark the shoal on which the Chatham grounded, though it was an extensive one, lying in mid-channel. The bay, for instance, which Lieut. Broughton found to be not more than fifteen miles from Ciipe Disappointment, was, according to the Lieut. sketch, thirty-six miles distant. Broughton left the ascends the Chatham licrc, and determined to pursue the further his^oats.' examination of the channel in the cutter and the launch. At the distance of about twenty-five miles from the sea, Broughton found the stream narrow rather sud- denly to about half a mile in breadth, which seemed to warrant him in considering the lower part, (the width of Vf'hich was from tliree to seven miles,) to ■:\i f V TAKKS I'OySKSSION OF THK COrNTIiV. J41 try. be a sound or inlet, and the true entrance of the river itself to commence from the point where it contracted itself, l^roughton continued his ascent for seven days, making but slow progress against a strong stream. At the end of that time he was obliged to return from Avant of provisions, having reached a point whicli he concluded to be about 100 miles distant from the Chatham's anchorage, and nearly 120 from the sea. He was the more readily reconciled to the abandonment of any fur- ther examination, " because even thus far the river could hardly be considered as navigable for sliij)- ping." Previously, however, to his departure, he formally " took ])ossession of the river and the 1""'^^''* p"*- country m its vicmity in Ins iiritannic Majesty s the coun- name, having every reason to believe that the sub- jects of no other civilised nation or state had ever entered this river before." Broughton had fallen in witli large parties of Indians in his ascent of the river, and had been kindly received by them. Amongst these was a friendly old chief, who ac- companied tliem almost throughout the voyage, and who assisted at the ceremony and drank his Majesty's health on the occasion." It may be reasonably suspected that this worthy old chief would have as readily joined the next comers in drinking the health of the King of Spain, or the President of the United States. From him Broughton endeavoured to obtain further informa- respecting the upper country. " The little that could be understood was, that higher up the river, they would be prevented from passing by falls. This was explained by taking water up in his - •> ^* '':l I. J ' s/-./. J i i ■i 1 'i. »r V"i- . ' #A>T.''/ ^ ■ ' 1 !' , ? ■ v ,1 >' f ■ ■ 1' .-■ k f ' >••■ • A fc 1 .; . f, !.,f-. ■n t,V' .\ -• \ , * '■•J .^^ 'i 142 rOINT VANCOUVi:i{. coiiver. 'I'he Cas cades. The Chutes liands, and imitating the manner of its falling from rocks, pointing at the same time to the place where the river rises, indicating that its source in that direction would be found at a great distance." The furthest angle of tlie river which Broughton Point Van- rcaclicd was called by him l?oint \'ancouver, and upon it stands in the present day Fort Van- couver, the chief establishment of the Hudson's l>ay Company. A little above this are the Cascades, a series of falls and rapids extending more than half a mile, which form the limit of the tide -way ; The Dalles, about thirty miles higher up are the Dalles, where the river rushes rapidly between vast masses of rocks, and about four miles further are the Chutes or Falls of the Colimibia, where the river first enters the gap in the Cascade mountains, through which it finds its way to the ocean. Lieutenant Broughton, having occupied twelve days in the examination of the channel, prepared to join the Discovery without delay ; but for four days the surf broke across the passage of the bar with such violence, as to leave no apparent opening. At last he succeeded in beating out, the Jenny schooner leading, as her commander Mr. Baker was better acquainted with the course of the channel, and after nearly losing their launch and the boat-keeper in the surf, they once more reached the open sea. Such is the summary of the account,' which may be perused in full in the second volume of A^ancouver's Voyage. imwS- ' Mr. Greenhow (p. 248.) considers that the distinc- nitionofan^ion ^vhich Broufflitou and A'ancouver made "be- iiilet. -Mli. GRKENIIOWS CRITICISM. 143 c- e- tweoii the upper and lower portion of tlie Columbia, is entirely destitute of foundation, and at variance with the principles of our whole geographical no- menclature. Inlets and sounds," he continues, "are arms of the sea running up into the land, and their waters, being supplied from the sea, are necessarily salt ; the waters of the Columbia are on the con- trary generally fresh and palatable within ten miles of the Pacific, the violence and overbearing- force of the current being sufficient to prevent the further ingress of the ocean. The question appears at first to be of no consecpience : the following- extract from Vancouver's Journal will, however, serve to show that the quibble was devised by the British navigators, with the unworthy object of depriving Gray of the merits of his discovery : — 'Previously to his (Broughton's) departure, he formally took possession of the river, and the country in its vicinity, in his Britannic j\Iajesty's name, having every reason to believe that the sub- jects of no other civilised nation or state had ever entered this river before. In this opinion he was confirmed by Mr. Gray's sketch, in which it does not appear that Mr. Gray either saw or ever was within five leagues of its entrance.' This unjust view has been adopted by the British Government and writers, and also, doubtless from inadvertency, by some distinguished authors in the Ignited States. It may, indeed, be considered foriunate for Gray, that by communicating the particulars of his discoveries, as he did, to Quadra, he secured an unimpeachable witness of his claims : had he not done so, the world would probably never have t . rt *•■■ ■if t:. ■■'.1 ■ 'i 144 * ■'■■ ■' ■ i ■ •.•■'■ ■ ■ f ■I ' 'r ■■ ; * |^|;|;^| '.' ■ ■'it Lord Stowell on the mouths of rivors. LOKI) STOWELL ON lilVEKS. learned tliat a citizen of the United States was the first to enter the greatest river flowing from America into the Pacific, and to find the only safe harbour on the long line of coast between Port San Francisco and the Strait of Fuca." Mr. Greenhow may be perfectly justified in dis- puting the propriety of Lt. Broughton's distinction. The words of the latter are, — " Between the ocean and that which shoidd joroperly be considered the entrance of the river, is a space from three to seven miles wide, intricate to navigate, on account of the shoals that extend nearly from side to side, and it ought rather to be considered as a mund than as constituting a part of the river, since the entrance into the river, which they reached about dark, was found not to be more than half a mile wide, formed by the contracting shores of the sound." It may fairly be admitted tliat the ordinary use of the terms " sound," or " inlet," warrant the verbal criticism of Mr. Greenhow, and that they are more usually employed to distinguish arms of the sea where there is no fresh water, or tideways outside the bars of rivers. Lieutenant Broughton, if we inayj'^dge from the context, would have been more correct had he used the term " estuary" instead of " sound," but " in common understanding," as Lord Stowell has observed, " the embouchure or mouth of a river is that spot where the river enters the open space to which the sea flows, and Avhere the points of the coast project no further." (Twee Gebroeden, 3 Robinson's Reports, p. 34.) At the same time, having carefully perused ^Vancouver's journal, a pro- test must be entered against any reader of that work. ■X-t-: ; I VANCOUVER VINl)I(^ATEl) AGAINST MU. GUEENIIUW 145 piirticularly ii ■ • i. '■ 148 CLAIM OF TIIK UNITED STATKS ■ i- I '5- ,' I , i» w- ill 1812, ^.[r. llusli announced, I'or tlic first time, in 1824, "that the Ignited States chiinied in their own ri^i^ht, and in their absohite and exclusive sovereignty and dominion, the Avliole of tlie country west of the Ivocky Mountains from the 42d to at least as far up as the 51st degree of north latitude." " It had been ascertained that the Columbia extended by the Kiver Multnomah to as low as 42 degrees north, and by Clarke's river to a point as high up as 51 degrees, if not beyond that point ; and to this entire range of country, contiguous to the original dominions, and made a part of it by the almost in- termingling waters of each, the United States," he said, " considered their title as established, by all the principles that had ever been applied on this subject by the i)0wers of Europe to settlements in Doctrine of the American hemisphere. I asserted," he conti- Ic'rup'^by Dued, " that a nation discovering a country, by stat^""^*^ entering the mouth of its principal river at the sea coast, must necessarily be allowed to claim and hold as great an extent of the interior country as was described by the course of such principal river, and its tributary streams." Great Britain formally entered her dissent to such a claim, denying that such a principle or usage had been ever recognised amongst the nations of Europe, or that the expedition of Captain Gray, being one of a purely mercantile character, was entitled to carry with it such important national consequences. (British and Foreign State Papers, 1825-6.) In the subsequent discussions of 1826-7, Great Britain considered it equally due to herself and to other powers to renew her protest against the doc- Denied by Great Britain. Ill J)I:N1E1) IJV GUKAT IJKITAIN. irliic of tlic United States, whilst on tlic otlu-r liMiidtlic United States continued to maintain, tliat fl ray's discovery of the ColumlMa river jirave, l)y the acl\nowledo;ed law and nsage of nations, a right to the whole country drained Ijy that river and its tributary streams. Having now ])assed in review the main facts con- nected with tlic discovery und occupation of the Oregoh territory, we may proceed to consider the general principles of international law which regu- late territorial title. 14:j 'is4 O m u 3 />.! 150 r. •J • 'i ■ j ■i CIlAITi:i{ Vll. ON TIIK ACCJUISITION OF TERRITORY BY OCCLTATION. Comioxion of tho Sovi-ivi^nty (.fii Nation witli tlioDomiiin. — Vattcl. The So\('roi_!i;nty and Kiiiiiu'iit Domain (Dnminhun ominons) attcml on Settlement by a Nation — Suttloment by an Individual iiniited to the Acquisition of tbo Useful Domain (Dominium utile). A Nation may occupy a Country liy its Agents, as by settling a Colony. Kluber's Droits des Gens. — The Occupation must be the Act of the State. — Occupation constitutes a perfect Title. — IJracton do Legibus. — WoliFs Jus Gentivnn. — Acts accessorial to Occupation, such as Discovery, Settlement, &c. create only an imperfect Title. Ip' ■■■ .■ ■ ■•■' * U 4 in ! . . ■'■? •J " AViiEN u nation takes possession of a country to wliich no prior owner can lay claim, it is consi- dered as acquiring the empire or sovereignty over it, at the same time with the (lomain. For, since tlie nation is free and independent, it can have no intention, in settling in a country, to leave to others the rights of command, or any of those rights that constitute sovereignty? The whole space over which a nation extends its government, becomes the seat of its jurisdiction, and is called its terri- ton/." (Yattel, b. i. § 205.) The acq III- Xhe acquisition of sovereinfnty, therefore, attends .SltlOllot so- ^ O J ■! IT., vercignty. as a ucccssary consequence upon the establishment of a nation in a country. But a nation may esta- blish itself in a country, either by immigration in a body, or by sending forth a colony ; and when a nation takes possession of a vacant country, and THE KMINKNT DOMAIN. 151 8i4tlt'S M colony there, " that country, thou^li scpti- riited from the [>rin('ipul cstahlishnKMit «>r iiiotlirr country, iiuturally l)econii'S a part of th(^ state, equally with its ancient possessions." (N'attel, h. i. §210.) The riglit of domain in a nation corresponds to the right of propertij \\\ an individnah Ihit every naticjii that governs itself by its own authority and laws, without dependence on any foreign power, is a sovereign state; and when it iicts as a nation, it acts in its sovereign capacity. When a nation therefore occu[)ies a vacant country, it inii)orts its sovereignty with it, and its sovereignty entitles it not merely to a disposing power over all the 2)ro- pcrty within it, which is termed its Eminent Domain, but likewise to an exclusive right of command in all places of the country which it has taken posses- sion of. In this respect, then, a nation differs from an individual, that, although an independent indi- vidual may settle in a country which he finds with- out an owner, and there possess an independent do- main (the dominium utile, as distinguished from the dominium eminens), yet he cannot arrogate to him- self an exclusive right to the country, or to the empire over it. His occupation of it would be, as against other nations, rash and ridiculous (Yattel, b. ii. § 96) ; and it would be termed, in the lan- guage of the Jus Gentium, a " temeraria occupatio, qua3 nullum juris effectum parere potest." (Wolflii Jus Gentium, § 308.) A nation, however, may delegate its sovereign authority to one or more of its members for the occupation of a vacant country, equally as for h 4 Valtil. Kniiiicnt cioinain. Doniinitiin utile. i^: % m n ^^ ^V^' m > !-■' * ■ 1 . 152 ■:■■ '. i . ! . '• \ Settling a !^ ■ ■ i colony. 1 ' • V i ''^ '}'' ■ i V U^Y- x'.'^I ;# ' ' '■ V Kl liber. Occupa- tion. rKinUTOlJlAJ. UCCUi'ATlON utiior purposes, wlicre it cannot act in a body ; in such cases tlic practice of nations alknvs it to be reprc- scnt(;d by an agent. Tlius the right of settling a colony is a right of occupation by an agent. The colonists represent the nation which has sent them forth, and occupy their new country in the name of the mother country. But the colonists must be sent forth hi/ the public cmtJioriti/ of the nation, other- wise they will possess no national character, but will be considered to be a body of emiijrants, who liave abandoned their country. Thus, Kluber, in his " Droit des Gens Modernes de r Europe:" — " Un etat pent acquerir des choses qui n'appartiennent a personne {res nuUius) par I'occu- pation (originaire); les biens d'autrui au moyen de conventions (occupation derivjitive). . . . Pour que rocciqmtion soit legitime, la chose doit etre suscep- tible d'une proprietc exclusive ; elle ne doit appar- tenir a personne; Vetat doit avoir V intention d\m acquerir la proprietc, ct en prendre possession (the State ought to have an intention to acquire the right of property in it, and to take possession of it); c'est a dire, la mcttre entierement a sa disposi- tion et dans son pouvoir physique." Occupation, then, in this sense of the word, de- notes the taking possession of a territory previously vacant, which has either always been unoccupied, or, if ever occupied, has been since abandoned. It constitutes a perfect title, and its foundation may be referred to an axiom of natural law: " Quod enim ante nullius est, id ratione naturali occu- pant! conceditur." (Dig. 1. 3. D. de Acq. Ker. Dom.) This principle, engrafted into the Roman law, was as r. It jy (1 AN ACr OF THE iSTATE. 153 fully recognised by riractoii and by Fleta : — " Jure P"*^*""- autem gentium sive naturali doniinia reruni acqui- runtur multis modis. Imprimis, per oceupationem eorum, quic non sunt in bonis alicujus, ct qua) nunc sunt ipsius regis de jure civili, et non communia ut olim. (Bracton de Leg., 1. ii. c. 1.) Amongst professed writers upon international law, Wolff, Avlio is justly considered as the founder of the science, and who, in his voluminous writings, furnished the stores out of which \"attel compiled his " Law of Nations," has set forth so clearly this principle, as that upon which title by occupation is based, that his words may be quoted from Luzac's French translation of his " Institutions du Droit de la Nature et des Gens :" — " On appelle occupation, un fait par lequel quel- ^^""^* qu'un declare qu'une chose qui n'est a personnc doit etre a lui, et la reduit en tel ctat qu'elle pent etre sa chose. II parait de la, que le droit d'occu- per une chose, ou de s'en emparer, appartient na- turellement a chacun indifFeremment, ou bicn que c'cst un droit commun de tons les hommes, et connne on appelle maniere primitive d'acquerir, celle par laquelle on acquiert le domaine d'une chose qui n'est a personnc, il s'ensuit que roccupation est la via- niere prunitive cPac(pierir.'' (Part ii. ch. ii. § ccx ) As, however, the term occupation has come to signify in common parlance rather a tenqoorary holding than a permanent possession, — e. g., the occupation of Ancona by the French, the occupation of Lisbon by the I^]nglish, the occupation of the Four Legations by the Austrians, there is an incon- venience in its ambiguity, and from this circum- •''t^- J-'J;' '■■■'i- U it * fm it, ri'' 154 Occupan- cy. L, (■!.;.;■; 1 i 1 -■ • ■ * ' i j Conditions of its validity. 1 [ i' ■ ■ . ■ I * Acts acces- sorial to oc , ■ '^■■"' ciii)Mti()n, ' '' *' m CONDITIONS OF ITS VALIDITY. stance it has resulted, that occupancy is fre(|uently employed to designate what is, properly speaking, occupation. This however is to be regretted, as the word occupancy is required in its own sense to mark the right to take possession, as distinct from the right to keep possession, — the jus possidendi from the jus possessionis, — the jus ad rem, as civilians would say, from the jus in re. Thus the right of a nation to colonise a given territory to the exclusion of other nations is a right of occupancy ; the right of the colonists to exclude foreigners from their settlements would be a right of occupation. Mr. Wheaton, in his Elements of International Law (1. i. chap. iv. p. 205.), says, " The exclusive right of every independent state to its territory and other property is founded upon the title originally acquired by occupancy, and subsequently confirmed by the presumption arising from the lapse of time, or by treaties and other compacts of foreign states." It may be g^.thered from these writers, that to constitute a valid territorial title by occupation, the territory must be previously vacant {res nullius), and the state must intend to take and maintain pos- session : and that the vacancy of the territory may be presumed from the absence of inhabitants, and Avill be placed beyond question by the acquiescence ot" other nations. If these conditions are fulfilled, the proprietary title which results is a perfect title against all other nations. There are however several acts, that are acces- sorial to occupation, wliich do not separately con- stitute a perfect title. Such acts are Discovery, Set- 'm^ ACTS ACCESSORIAL TO OCCUrATlON. 155 title let- tlemcnt, Demarcation. Thus, discovery may not be accompanied with any intention to occupy, or may not be followed up by any act of occupation within a reasonable time ; settlement may be effected in territory not vacant ; boundaries may be marked out which encroach upon the territory of others ; so that acts of this kind will, separately, only found an imperfect or conditional title : their com- bination, however, under given circumstances, may establish an absolute and perfect title. 156 ClIAPTEll VJll. ON TITLE BY DISCOVERY. f>l. Ir. /■ . '■ .' ft n •J n :;! Discovery not recognitiod hy the Roman Law. — "WoliF. — The Discovery must be notified. — Illustration of the Principle in reference to Nootka Sound. — Vattel. — Discovery must be by virtue of a Commission from the Sovereign. — Must not be a transient Act. — Martens' Precis du Droit des Gens. — Kluber. — Uynkershock, — Mr. Wheaton. — Practice of Nations. — Queen Elizabeth. — Negotiations between Great IJritain and the United States, in 1824. — Nootka Sound Controversy. — Discussions be- tween the United States and Russia, in 18-22. — Declaration of British Commissionei's, in 1826. — Mr. Gallatin's View. — Conditions attached to Discovery. — No second Discovery. — WoliF. — Lord Stowell. — Progressive Discovery. — Dormant Discoveries inopera- tive for Title. Among the acts which are accessorial to occupa- tion, the chief is Discovery. The title, however, which results from discovery, is only an imperfect title. It is not recognised in the Koman laAV, nor Title from }j^g j^ .^ placc in thc systems of Grotius or discovery l «' not in the PufFcndorf. Thc principle, however, upon whic]'. It is law. based is noticed by Wolff: — '' l^ireillement, si cjuelqu'un renferme un fonds de terre dans les limites, ou la destine ii quelque usage par un acte non passagcr, ou qui, se tenant sur cc fonds liinite, il disc en presence d'autres homines, qu'il veut que ce fonds soit a lui, il s'empare." (In- stitutes du Droit des Gens, § 213.) To this passage JM. Luzac has appended vlic TITLE BY DrSCOVEllV. 157 rever, •rfcct nor Is or It is Ids tic isagc ir cc [mes, (In- die following note, pointing out the application of the l)rinciple to international relations : — " Nous ne trouvons pas cette occupation clans le droit Roinain. C'est sur elle que sont foncU's les droits que les puissances s'attribuent, en vertu des decouvertes." It will be seen from the text of M. AVolff, that the intention to take possession at the time of dis- covery must be declared. Tlie comity of nations, siilSfbe then, presumes that the execution will follow the """'J'^^'- intention, liut the reason of the thing requires that the discovery should be notified at the time when it takes place, otherwise, where actual pos- session has not ensued, the presumption will be altogether against a discovery, or if there liad been a discovery, that it was a mere passing act, that the territory was never taken possession of, or if so, was abandoned immediately. Unless then the intention to appropriate can be presumed from the announcement of the discovery, which the comity of nations will respect, — if the first comer has not taken actual possession, but has passed on, the presumption will be that he never intended to ap- propriate the territory. Thus a discovery, when it has been concealed from other nations, has never been recognised as a good title : it is an inoperative act. A case in point may be cited to illustrate the application of this principle. Mr. Greenhow (p. 11 G.) observes, in reference to the voyage of Perez in 1775, — "The Government of Spain perhaps acted wisely in concealing the accounts of this expedition, which reflected little honour on the couraoe or the science of the navigators : but it CD Cj •?*; ..^: ;';'^r (;.t-.,-- ,1.1 1 I I, :i ; ^)'1 » t rH*; ■ •:>! ■"■■ ■'. f. ■ IP '^1 I' f 1 !l 158 XOOTKA SOUND. •Soiiiul, ValtiO. has thereby deprived itself of the means of estab- lishing beyond question the claim of Perez to the discovery of the important har1)onr called Nootka Sound, which is now, by general consent, assigned to Captain Cook." Vattel (b. i. 1. xviii. § 207.) discusses this title at large : — " All mankind have an equal right to things that have not yet fallen into the possession of any one, and those things belong to the person who first takes possession of them. When therefore a nation iijds a coiuitry uninhabited, and without an own^;i-, it; may lawfully take possession of it, and after it has s,'jjiciently made known its will in this respect^ it cannot be deprived of it by Navigators {xiiotlier uatiou. Thus navigators "oin^ on voyao-es witii a C0..11- of discovery, furnished u'itlt a commission from fVoni liioir thei) soverei(jn, and meeting with islands or other sovereign. ]^j^(]g [y^ j^ desert state, have taken possession of them in the name of the nation ; and this title lias been usually respected, provided it was soon after followed by a real possession." According to this statement, the act of discovery must be sanctioned by a commission from the sovereign, and the will of the nation ''o take pos- session must be by its agent sufficiently made known. What acts should be respected by the courtesy of nations, and be held sufficient to make known formally the will of a nation to avail itself of a discovery, has been a subject of much dispute. The tendency, hoAvever, both of writers and states- men, has been to limit rather than to extend the title by discovery, ever since the Papal Ihdls of •V*;; -i^l TRANSIENT VISITS. 159 povery 11 the pos- macle ly ^^^^ I make itself spute. ttates- Id the Us of the 16th century enlarged it to an inconvenient extent, to the exclusive l^cnefit of two favoured nations. Thus Yattel : — " The law of nations will, there- fore, not acknowledge the property and sovereignty of a nation over any uninhabited countries except those of which it has really taken actual possession, in which it has formed settlements, or of which it makes actual use. In effect, when navigators have met with desert countries in which those of other nations had, in their transient visits, T': erected some monuments to show their having taken possession of them, they have paid as little regard to that empty ceremony as to the regula- tion of the popes, who divided a great part of the w^orld between the crowns of Castile and Portugal." To the same purport. Martens, in his Precis du ^^'• Droit des Gens, § 37 : — Suppose que I'occupation soit possible, il faut encore qu'elle ait eu lieu cfFectivement, — que la fait de la prise de possession ait concouru avec la volonte manifeste de s'en approprier I'objet. La simple declaration de volonte d'une nation ne siiffit pas non plus qu'une donation papale, ou une convention entre deux nations pour imposer a d'autres la devoir de s'abstenir de I'usage ou de I'occupation de I'objet en question. Lc simple fait d'avoir etc le premier a decouvrir ou a visiter une lie, &c. abandonnee ensuite, semble insuffisant, meme de I'aveu des nations, taut qu'cn n'a point laisse de traces perinaneiites de possession ct de volonte, et ce n'est pas sans raison qu'on a souvent lIlMi'lll Its. irtcns. '. "I ;.4 It' (i ■ 1' ,' i. I' !:■ :. ; \ •■) ;;?* ;.^l •;*1 ■ • 't f ■ * %':^i> W:; 160 I'OhSKSSION KEQUIRED TO BE TAKEN. dispute Gilt re les nations, connnc cntre les philo- sophes, si dcs croix, dcs poteaux, dcs inscriptions, &c. suffisent pour acquerir ou pour conserver la propriete exclusive d'un pays qu'on ne cultive pas." Kiuber. Kluber, to the same effect, writes thus : (§126.) " Pour acquerir une chose par le moyen de I'occu- pation, il no suffit point d'en avoir seulement I'in- tention, ou de s'attribuer une possession purement mentale ; la declaration meme de vouloir occuper, faite anterieurement a I'occupation effectuee par un autre, ne suffirait pas. II faut qu'on ait reelle- nient occupe le premier, et c'est par cela seul qu'en acquerant un droit exclusif sur la cliose, on impose a tout tiers I'obligation de s'en abstenir. L'occu- pation d'une partie inhabitee et sans maitre du globe de la terre, ne pent done s'etendre plus loin qu'on ne pent tenir pour constant qu'il y ait eu effectivement prise de possession, dans Vintention de s'attribuer la propriete. Commo preuves d'une pareille prise de possession, ainsi que de la con- tinuation de la possession en propriete, peuvent servir tous les signes exterieurs qui marquent I'occupation et la possession continue." On this passage there is the following note: — " Le droit de propriete d'etat pent, d'apres le droit des gens, continuer d'exister, sans que I'etat continue la possession corporelle. II suffit qu'il existe un signe qui dit, que la chose n'est ni res nulUus, ni delaissee. En j)areil cas personne ne saurait s'approprier la chose, sans ravir de fait, a celui qui I'a possedee jusqu'alors en propriete, ce qu'il y a opere de son influence d'une maniere legitime : enlever ceci ce serait blesser le droit du proprietaire." TIIKORY OF JURISTS. IGl -" Le des tmue le un uUus, Lrait lit, a I'lete, liere It du 1 Tt would be difficult to determine tlieoreticull}' whjit would constitute ti sufficient sign, that the territory is not vacant, or abandoned. l>ynkers- «y"^tT'i- hoek, who was opposed to the continuance of pro- prietary right from discovery, unless corporeal pos- session was maintained, subsequently qualified his view. " Procter animum possessionem desidero, sed qualemcunque, qua3 probet, me ncc corpore desiisse possidere." (De Dominio Maris, ch. i. De Oi'igine Doniinii. Mr. Wheaton, in his work on International Law wiieaton. (vol. i. ch. iv. § 5.), writes thus: — " The claim of European nations to the possessions held by them in the New World discovered by Coliunbus and other adventurers, and to the territories which they have acquired on the continents and islands of Africa and Asia, was originall}' derived from discovery or conquest and colonisation, and has since been confirmed in the same manner by posi- tive compact." The practice of nations seems fully to bear out Practice of the theory of jurists, as it may be gathered from the language of sovereigns and statesmen. Thus, in reference to the north-Avest coast of America, on occasion of the earliest dispute between the crowns of Spain and l^^ngland, (^ueen Elizabeth re Queen fused to admit the exclusive pretensions of the Spaniards. When Mendoza, the Spanish ambassa- dor, remonstrated against the expedition of Drake, she replied, " that she did not understand why either her subjects, or those of any other European prince, si.ould be debarred from traffic in the Indies : that, as she did not acknowledge the Spa- M v.^., V ■.»^i: ''iff'- ■if '■■'■i'i: ■ ^f/ t.: II r A 7 t ■ t ■ \ ■^ • < . n ■ 1 fi:-'i • ; I 1G2 tions ill 1 8'_M. ?:■!'■* I Nootka ■ ,' ■ ' Sound ■j; '■ ■ contro- ''■ '-Uh ■ ■'■ versy. r:,i: ■; I'HACTICE OF NATIONS. niartls to liavc any title by donation of tlic r)ishop of Ivome, so she knew no right they had to any plaees other than those they were in actnal ])osses- sion of; for tliat their haviiio^ touclied only liere and there npon a coast, and i^iven names to a few rivers or capes, v/cre snch insignificant tilings as could in no ways entitle them to a propriety fur- ther than m the parts where they actuall}' settlee, and continued to inhabit." (Camden's Annals, anno 1580.) Such was the language of the Crown of Ivngland in the sixteenth century, and in no respect is the language of Great I)ritain altered in tlie present day. Thus, in reference to the negotiations be- tween Great Jiritain and the United States, in 1824, j\Ir. Rush, in a letter to Mr. Adams, of August 12. 1824, writes thus: — " As to the al- leged prior discoveries of Si)ain all along tluit coast, Britain did not admit them, but with great qualification. She could never admit that the mere fact of Spanish navigators having first seen the coast at particular points, even where this was capable of being substantiated as the fact, without any subsequent or efificient acts of sovereignty or settlement following on the part of Spain, Avas sufiicient to exclude all other nations from that portion of the globe." (State Papers, 1825-2G, p., 512.) But the Spanish crown itself, on the occasion of the Nootka- Sound controversy, felt that a claim to exclusive territorial title could not be reasonably maintained on the plea of mere discovery. Thus, in the Declaration of his Catholic Majesty, on \ NOOTKA SOUND CONTROVKHSV. 103 in IS, of 10 al- tlmt ojreat the seen was liout y or was that -2G, Ml of ri to ably ]hus, on Juno 4. 170O, wliich was transmitted to all the Eiir(>[)L'an Courts, and eonseqnontly bound tlic Crown of Spain in the faec of all nations, the fol- lowing precise hmguago was employed : — " Xevertheless, the King does deny what tlie enemies to i»eace have industriously circulated, that S[)ain extends pretensions and rights of sove- reignty over the wliole of the South Sea, as far as China. When the words arc made use of ' In the name of the King, his sovereignty, navigation, and \elusive commerce to the continent and islan of the South Sea,' it is tlie manner in which ^pain, in speaking of the Indies, has always used these words, — that is to say, to the continent, islands, and seas wliich belong to his ^Majesty, so far as discoveries have been made and .secured to him by treaties and immemorial possession^ and uniformly acquiesced in, notwithstanding" some infringements by individuals, who have been [)Uiiished upon know- ledge of their offences. And the King sets up no pretensions to any possessions, the right to ^\ hich he cannot prove by irrefragable titles." The pretensions of Spain to absolute sovereignty, commerce, and navigr.tion, had already been re- jected by the British Government, and they had insisted that English subjects, trading under the British flag, " have an indisputable right to the enjoyment of a free and uninterrupted navigation, commerce, and fishery ; and to the possession of such establishments as thev should form, vnth the consent of the natives of the country, not previously oecnrned by any of the European nations. Again, the Crown of Spain, in demanding assist- M 2 ■ Ml ■% ':.'i^-.<- \ 7 IMAGE EVALUATION TEST TARGET (MT-S) /. {./ ^ fe -i< fc \° 2e Photographic _,Sciences Corporation m iV iV \\ 33 WEST MAIN STREET WEBSTER, N.Y. I4S80 (716) 872-4503 1.0 ^^ m ^= ^ Ki ||2,2 1.1 |r"^ IE ^ i '-^ i '■* ^ 6" ^ <;. j^ J f/. ^^ ■ 1,1'-/- ■ *■.'■•, : r '. * ? 1G4 BRITISH DOCTRINE. r '., i-t- '•• pi! I If''. . i • » » * * ■ I * ' i m' ;l ** . ■ ...I ■,•■•- ■ he- States, anco from France, according to the engagements of tlie Family Compact, rested her supposed title upon " treaties, demarcations, takimjs of possession, and the most decided acts of sovereignty exercised by the Spaniards from the reign of Charles II., and authorised by that monarch in 1G92." It will thus l)e seen that Spain, in setting up a title by discovery, supported her claims by alleging that the act was authorised by the Cro^^^^, was at- tended with " takings of possession," and was con- firmed by treaties, e. g., that of Utrecht. Russia and Jq r^ similar i)urport, in the discussions which took place between liussia and the United States of America, in respect to the north-wTst coast of Ame- rica, which ultimately resulted in the convention signed at St. IVtersburgh, -/V -'M^^'^^ 1824, the Chevalier de Poletica, the ilussian minister at Washington, in his letter of 2(Sth February, 1822, to the American Secretary of State, grounded the claims of Russia upon these three bases, as required by the general law of nations and immemorial usage among nations: — "The title of first discovery; the title of first occupation ; and, in the last place, that which results from a peaceable and uncon- tested possession of more than half a century." — (British and Foreign State Papers, 1821-22, p. 485.) To a similar purport the I^ritish Commissioners, Messrs. Huskisson and Addington, in the sixth conference held at London, December 16. 1826, maintained this doctrine : — " Upon the question how far prior discovery constitutes a legal claim to sovereignty, the laAV of nations is somewhat vague and undefined. It is, however, admitted by The Ikitish Commis- sioners, 1 826. COXDITIOXS ATTACH i:i) TO DISCO VEKV i(;5 the most approved writers, tliat mere aeeideiitiil cliseoverv, unattended I)v (•xi)l()rati()n — by formally taklno- possession in the name of the discoverer's sovereign — by oecupation and settlement, more or less permanent — by pureliase of the territory, or receiving tlie r^overeignty from the natives — con- stitutes the lowest degree of title; and that it is only in proportion as first discovery is followed by any or all of these acts, that such title is strength- ened and eoniirmed." In accordance with the same view, the plenipo- ^^"i- ^.""''- ' '^ ^ ' _ till S VIUW. tentiary of the Tnited States, Mr. (lallatin, in his counterstatement, wdiieh ^Ir. Greenhow has ap- pended to the second edition of liis Avork, asserts that " Prior discovery gives a right to occupy, provided that occupancy take place within a rea- sonable time, and is followed by permanent settle- ments and by the cultivation of the soil." It thus seems to be universally acknowledged, that discovery, though it gi\es a right of occu- pancy, does not found the same perfect and exclu- sive title which grows out of occupation ; and that unless discovery be followed within a reasonable time by some sort of settlement, it will be pre- Muned either to have been originally inoperative, or to have been subsequently [d)andoned. It seems likewise to be fully recognised by the law Conditions 1% l' 1 1 ••i/>.ii attaclii'd tu oi nations, as based upon principles ot natural law, discovery. and as gathered i'rom the language of negotiations and conventions, that in order that discovery should constitute an inchoate title to territory, it must have been authorised by the sovereign power, must have been accompanied by some act of taking pos- M 3 f i' f •I . hi I* V; :% 16G ^ ■ '. J I.v' .■ I^okI Stowfll. -»■' ■•■* :• ■ ■» , '■"■•J ^ • ;1- ■•• ' J *H: No SL'coml (liscovury. fv ■'. !•:•■;. <-■ : .' 1.^-1 ; . .■':. ■ :' \ >..',«. ■ ^ i * 1 . '• : M.' : •■ ■< ■ ■I . J- •(,■ .* * '1 . .J ' 'J f t 9 t i .1: Progres- sive disco- very. NO SECOND DISCOVEUV. session si^iiilicativc of the iiitenlioii to occupy, and iriust luive been made known to other nations. '' Tlius Lord Stowell (in the Fania, 3 Jiob. p. 115.) lays it down, that "even in newly discovered coun- tries, where a title /y meant to he estaldished for the first time, some act of possession is usually done and proclaimed as a notification of the factJ^ There can be no second discovery of a country. Jn this respect title by discovery differs from title by settlement. A title by a later settlement may Ije set up against a title by an earlier settlement, even where this has been formed by the first oc- cupant, if the earlier settlement can be shown to have been abandoned. ]VI. AVolft* explains the reason of this very clearly (§ cciii.) : — On dit qu'une chose est abandonnee, si simplement son maitre ne veut pas qu'elle soit plus long temps sienne, c'est a dire, que I'acte de sa volonte ne contienne rien de plus que ceci, que la chose ne doit plus etre a lui. D'oii il paroit, qui celui qui abandonne une chose cesse d'en etre Ic maitre, et que par consequent une chose aban- donnee devient une chose qui n'est a personne ; mais qu'aussi long temps que le maitre n'a pas I'in- tcntion d'abandonner sa chose, il en reste le maitre." The same writer observes elsewhere (§MCxxxix.) L'abandon rcquis pour I'usucapion, et pour la prescription qui en est la suite, ne se presume pas aussi aisement contre les nations qu'entre les par- ticulicrs, a cause d'un long silence." A title by second discovery cannot, from the nature of the thing, be set up against a title by first discovery. The term second discovery itself t! VIH )GKFSSIVE DISCUVKKV. U)7 involves a contradiction, and wlicre the discovery liss been progressive, " fnrther discovery" wonld seem to be the more correct phrase. A case can certainly be imagined, where a Liter discovery may be entitled to greater consideration than a jirior discovery, namely, where the prior discovery has been kept secret ; but in such a case the prior discovery is not a discovery which the hnv of nations recognises, for it has not been made known, at the time when it took place, to other nations ; and the inconvenience which would attend the setting up of claims of discovery long subsequently to the event upon which they arc professed to be based, would be so great, that the comity of nations does not admit it. The comity of nations, indeed, in sanctioning title by discovery at all, as distinct from title by occupation, has sought to strengthen rather than to impugn the proprietary right of nations ; l)ui no territorial title would be safe from rpiestion, if the dormant ashes of alleged discoveries might at any time be raked up. M 4 7;. I: r. : t ': 6 p.* -I ■',; ^^'^z: ? * » ■■••1 Title by settlement. 168 CllAPTKU L\. TITLE BY SETTLKMENT. Title liy Settlement an imperfect Title. — Presumption of L:iw in its Fiivour. — Made perfect hy undisturbed Posses.'sion. — AVheaton. — Title by L'.sueaption o:' I'reseription. — Vattel. — Aciiuie.seenei; uBar to Conflicting Title of Discovery. — Hudson's Bay Settlements. — Treaty of Utrecht. — The Vicinitas of the lloman J^aw. — ^lid- channel of Jlivers. — Contiguity, us between conterminous States, a reciprocal Title. — Negotiations between Spain and the United States of America. — Vattel. — Territorial Limits extended by the Necessity of the Case. — Right of maritime Jurisdiction, how liir accessorial to Right of Territory. — Right of Pre-emption. — New Zealand. — North American Indians. — Right of innocent Use. Title by settlement, like title by discovery, is of itself an imperfect title, and its validity will be conditional iii)on the territory being vacant at the time of the settlement, either as never having been occupied, or as having been aban- doned by the previous occupant. In the for- mer case, it resolves itself into title by oc- cupation ; in the latter, the consent of the previous occupant is eitlier expressed by some convention, or presumed from the possession re- maining undisputed. Title by settlement, how- ever, differs from title by discovery, or title by occupation, in this respect, — tliat no second discovery, no second occupation can take place, but a series of settlements may have been succes- sively made and in their turn abandoned, so that the last settlement, when confirmed by a certain prescription, may found a good territorial title. riTLK IJV SKrrLKMKN'l' !(;!> Amiiii, tliL" in'CrsuinptioH of law will always \)v rivsni..])- . " ' A i , -^ , lioiiol law. Ill favour of a titk' by sL'ttleincnt. " C oniiuodmii l>ossi(lt'iitis ill CO est, quod ctiauisi ejus res noii sit, qui possidc't, si iiiodo actor uou potucrit suaui esse i)robarc, renianet in suoloeo posses>io ; [)ropter quain causani, eum obseura sint utriuscpie jura contra petitoreiii judicari solet." (lust. 1. iv. tit. 15. § 4.) Where title by .sertleiueut is superadded to title by discovery, the law of nations ^vill ac- knowledge the settlers to have a perfect title; but where title by settlement is opposed to title by discovery, although no convention can be cited in proof of the discovery having been waived, still, a tacit acciuiescence on the ])art ''"I't ••i- ot the nation that asserts the discovery, duruig a reasonable lapse of tune since the settlement has taken place, will bar its claim to disturb the settlement. Thus, Mr. \\heaton (pt. ii. ch. iv. § 5.) ^vi.cato.,. writes : — " The constant and aj)proved practice of nations shows, that by Avhatever name it be called, the uninterrupted possession of territory or other i)roperty, for a certain length of time, by one state, excludes the claim of every other, in the same manner as by the law of nations, and the municipal of code every civilised nation, a similar possession by an individual excludes the claim of every other person to the article of j)ropcrty in question. This rule is founded ui)on the supposition, conhrmed by constant experience, that every person will naturally seek to enjoy that Avhich belongs to him ; and the inference fairly to be drawn from his silence and neglect, of the ■1 ; ;■• :i 1 •■ i .>.i,l ' f'^:^ ^ t 170 UikIis- tiirlicti pcis- session. Tillc by iisucaptiun UNDISTIKUKI) rOSSESSION. oi'iiiiiiiil defect of liis titlo, or his iiitiMitinii lo rc'liiKjuisli it." Title, then, 1)y settlement, thon<;ii originally ini- l)erfeet, nmy be thus perfected by enjoyment during ii reasonable Li|)se of time, the presumption of law I'rom undisturbed possession being, that there is no prior owner, because there is no claimant, — no bet- ter proprietary right, because there is no asscrlcd right. The silence of other parties presumes their ucMpiiescence : and their acquiescence presumes a defect of title on their part, or an abandonment of their title. A title once abandoned, whether ta- citly or exiM'essly, cannot be resumed. " Celui qui abandonne unc chose cesse d'en etre le maitre, et par conse(iuent une chose abandonnee devient une chose qui n'est a personnc." (W'olif, cciii.) Title by settlement, then, iis distinguished from title by discovery, when set up as a perfect title, must resolve itself into title by usuctlon or pvc- srripfion. Wolff defines usucaption to 1)0 an acqui- sition of domain founded on a presumed desertion. A attel says it is the acquisition of domain founded on a long possession, uninterrupted and undisputed, that is to say, an acquisition solely proved by this possession. Prescription, on the other hand, ac- cording to the same author, is the exclusion of all pretensions to a right — an exclusion founded on the length of time during which that right has been neglected ; or, according to Wolff's definition, it is the loss of an inherent right by virtue of a presumed consent. Yattel, writing in French, and observing that the word usu(;aption was but little used in that language, made use of the word prescription when- TiiLi: I'.v riiKsciarTiox. 171 ;hut cvei' llicru were no ])articul;ri' rcnsons lor I'liiployini:- the otliL'''. The same remark may l)e applied in reference to our own lan!_niaay of Hudson by the Com])any incorporated by Charles II. in IGGS; since M. Fontenac, the Go- vernor of Canada, in his correspondence with i\Ir. Baily, who was Governor of the F^actories in 1()37, never complained, " for several years, of any pre- 172 IIUUSONS HAV SKTTl.EMHNTS. •'. < -^ f • 'yi'^ Vattc-1. tended iiiitiry done to the Krencli by tlic snid Com- piiiiv's settliui"' a trade and huildinn" of torts at the bottom of the bay." (General Collection of Ti'ca- ties, t\:c. London, 171U-3:), vol. i. p. 41(1.) The King of MnLi'land, it is true, in his ehartei* laid set foi'tii the title <>f the I'ritish Crown, as founded on (liseovci y the title by discovery, liowever, re- 'y O^ ({uired to be perfected l)y settlement ; and thus, in the ueuotiations, the subsidiary title by settle- ment was likewise set up l)y the liritisli Comuiis- sioners, and the acquiescence of the French was alleged, either as a bar to their settinf^" up any con- ilictinnf title by discovery, or as establishini;- the ])resum})tion of theirhavingabandoned their asserted riiihts of discovery. What lunount of continuous territory attaches to a settlement, so as to prcvcut the titles of two nations from conflicting by virtue of adjoining settlements, seems to be governed by no fixed rule, but must depend on the ciiTumst.ances of the case. Vattel observes (1. ii. § 95.), " If, at the same time, two or more nations discover and take possession of an island, or any other desert land without (Oi ou-net\ they ought to agree between themselves, and make an equitable partition ; but, if they cjui- not ngrce, each will have the right of empire and the domain in the parts in which they first settled." Viciniias. Tlic title of vicinifas was recognised in the Koman law, in the case of recent alluvial deposits, as en- tithng the possessor of the adjoining bank to a claim of property ; but, if it were an island formed in the mid-channel, there was a common title to it in the proprietors of the two banks. " Insula nata Mint'IFANNKI, or HIVKHS. \i:\ lllR', (in .vcs, CMll- Miid id." uaii en- o Jl lied o it lata ill lluiniiic, (jiiod tV(M|U('iit(r accidit, >i (|ui(li'iii ino- diaiii partL'iii iiiiiiiiiiis tiUL'l, coniimiiiis rst coniin, n»iH' rij)aiii pruMlia ]M).ssidL'nt, pn) iiiodo latitudiiiis cujiistpu' fundi, (jiia? latitudo propo i'i[)aiii sit : (jiiod si altcri parti proximior est, eDriini ist tantuiii, (jui ab ua parte prope ripaiii pra)dia [)()ssident." (lust. ii. tit. i. § 22.) So, in the case wliere a river abandons its former channel, tlie ancient bed })elon^s to those "qui prope ri|)ani pra'dia j)Ossideut ;" and in tht; Di^-est (xli. tit. i. 1. 7.), we have a case sui)iK)sed where a river lias chau_s^ed its course, and occupied ibr a time the entire property (totuiii a«rrum) of an individual, and then deserted its new channel : the iioman law did not consider that, strictly spcakiiifr, the title of the former proprietor revived, inasmuch as he had no adjoininn." And aijain, alter stating that it was not easy to determine strictlv the limits of this riiiht, he lt^cs on to say: " i'^ach state may, on this head, make what regnla- tion it ]»leases so far as respects the ti'ansactit)ns of the citizens with each other, or their concerns with their sovereign, bnt, l)etween nation and nation, all that can reasonably be said is, that in neneral, the dominion of the state over the neighbouring sea extends as far as her sal'ety rcnderti it necessarij and her power is able to assert it ; since on the one hand slie cannot appropriate to herself a thini? that is connnon to all mankind, such as the sea, except so far as she //'/v need of it for sonic laivfid end, luid on the other, it would be a vain mid ridiculous pretension to claim a riglit which she were wholly unable to assert." At present, by the general law of nations, the possession of the coast is held to entitle a nation to exclusive jurisdiction over the adjoining seas to the extent of a marine league, as being neces- sary for the free execution of her own municipal laws, and as being within the limits which she can connnand by her cannon. On the ground then of her own right of self-preservation, a nation which has made a settlement may possess a per- ' ^1 Kxcliisivc jiirisdicfioii oviT seas. „' •' • *. ■'' t t " V ». * ; ,: ■ ' r-' 4 > • , ■ « 4 ^^;. > ■1. '3 1"" '■ '' ^v-' • i ' 1 1 • 176 RIGHT OF rUE-EMFnON. foct right of excluding other nations from settling within a given distance. This right, however, is evi- dently an accessory of the right of settlement. A furtlier accessorial right of settlement lias, in modern times, been recognised by the prac- tice of civilised nations in both hemispheres, iiigiitof namely, a right of pre-er. "^tion from the aborigi- tioir'"''" ^^^ inhabitants in favour of the nation which has actually settled in the country. It is this right which Great Britain asserts against all other NeivZca- civiHscd natious in respect to New Zealand, and Avliich the United States of America assert against all other civilised nations in respect to the native Indians. The claim involved in it is evidently based upon tlie principle, that the acquisition of such territory by any other nation Avould be pre- judicial to the full enjoyment of the existing ter- ritorial rights of tlie nation which has made settlement there. Such seems to be the only recognised ground upon wliicli a perfect right of contiguity can be set up. The principle of mere Vicinity, yicinity in the case of nations, unless strictly limited, will only result in furnishing a graceful pretext for tlie encroachments of the strong upon the weak, whenever a powerful state should cast a longing eye upon an adjoining district, and feel a natural inclination to render its own possessions more complete ; Oil si angulus illo Proximus accedat, (jui nunc iloforinat agelhim. Right of innocent tise. The right of innocent use seems to have been admitted into the code of international law in order RIGHT OF INNOCENT USE. to obviate the strength of this temptation, l,ut it IS only an imperfect right, unlike that of necessity, and all attempts to construct a title upon princi- ples of convenience can result only in imperfect titles which require the express acknowledgment ot other nations to give them validity. 177 t. ■;• I- f^' ¥'■ if' a 178 t •i i '%?fl I i ■ ; .■•:r CHAPTER X. ON DERIVATIVE TITLE. Title by Conquest. — Title by Convention. — Vattel. — Martens. — Wlieaton. — The Practice of Nations. — United States. — Great Britain. — Kent's Commentaries. — Mixed Conventions. — The Fisheries off Newfoundland. — Treaty of Paris. — Distinction be- tween nights and Liberties. — Permanent Servitude. — Negotiations in 1818. — Mr. Adams' Argument. — Lord Bathurst's Letter. — Mr. Adams' llcply. — Convention of 1818. Derivative title may result from involuntary or voluntary cession (traditio). Involuntary cession takes place when a nation vanquished in war abandons its territory to the conqueror who has seized it. Voluntary cession, on the other hand, is marked by some compact or convention; its ob- ject may be cither to prevent a war, or to cement a peace. The repeated occurrence of such volun- tary cessions in later times, has led the chief writers on international law to make a distinction accord- Transitory ingly between transitory conventions, which mark such cessions, and treaties properly so called. Vattel, b. xi. ch. xii. § 153., lays it down that, — " The compacts which have temporary matters for their object are called agreements, conventions, ^and pactions. They are accomiDlished by one single act, and not by repeated acts. These compacts are perfected in their execution once for all ; treaties fonven tions. Vattel. TRANSITORY CONVENT[(\N.S. 179 war .0 has hand, s ob- iment olun- riters icord- mark ^at, — liters |tioiis, tingle ts arc ?aties receive a successi\'e execution, Avhose duration equals that of the treaty." Martens, § 58., to the same effect observes, — Martens. " Les traites de cession, de liinites, d'eehange, et ceux meme qui constituent une servitude de droit public, ont la nature des conventions transitoires ; les traites d'aniitie, de commerce, de navigation, les alliances egales et inegales, ont cellc des traites proprement dits {fwdcva). " Les conventions transitoires sont perpetuelles par la nature de la chose." (§1.) Mr. Wheaton, part iii. c. 11., follows in the same ^vheaton. line : — "General comj^actsbetween nations may be divided into what are called transitory conventions, and trea- ties properly so called. The first are perpetual in their nature, so that, being carried into effect, they subsist independent of any change in the sovereignty and form of government of the contracting parties; and although their operation may in some cases be sus- pended during war, they revive on the return of peace without any express stipulation. Such are treaties of cession, boundary, or exchange of territory, or those which create a permanent servitude in favour of one nation within the territory of another." If we look to the practice of nations, we find Practice of 1 T-^ • TO nations. that the tribunals of the Lmted States, equally with those of Great Britain, maintain this doc- trine. Thus in the case of The Society for the Propagation of the Gospel in Foi*eign Parts v. Town of Newhaven, in AVheaton's Reports of Cases adjudged in the Supreme Court of the United United States, Peb. 1823, vol. viii. ]). 494., Mr. Jus- . . .* States. N 'J. ■I ; * . ,?,;■' .r ;i 180 DOCTlllNE OF THE UNITED yTA'J'ES. tice Washington, in delivering judgment for the plaintiffs, said, " But we are not inclined to admit the doctrine urged at the bar, that treaties become extinguished, ipso facto, by war between the two governments, unless they should be revived by an express or implied rencAval on the return of peace. Whatever may be the latitude of doctrine laid down by elementary writers on the law of nations, dealing in general terms in relation to this subject, we are satisfied that the doctrine contended for is not universally true. There may be treaties of such a nature, as to their object and import, as that war will put an end to them; but where trea- ties contemplate a permanent arrangement of ter- ritorial and other national rights, or which, in their terms, are meant to provide for the event of an intervening war, it would be against every principle of just interpretation to hold them extinguished by the event of the war. If such were the law, even the treaty of 1783, so far as it fixed our limits, and acknowledged our independence, would be gone, and we should have had again to struggle for both upon original revolutionary principles. Such a construction was never asserted, and would be so monstrous as to supersede all reasoning. " We think, therefore, that treaties stipulating for permanent rights and general arrangements, and professing to aim at perpetuity, and to deal with the case of war as well as of peace, do not cease on the occurrence of war, but arc at most only suspended while it lasts ; and unless they are waived by the parties, or new and repugnant stipulations are made, they revive in their operation at the return of peace ?" DOCTIUNE OF BRITISH COURTS. 181 for Sj for and with cease only ived ions the In the case of Sutton v. Sutton, 1 Russell and "« JNlylne, p. GG3., which was decided by 6iv J. Leach, in the Rolls Court in London, in 1830, a question was raised wliether by the ninth article of the treaty of 1794, between Great Britain and the United States, American citizens who held lands in Great Britain on Oct. 28. 1795, and their heirs and assigns, arc at all times to be considered, as far as regards those lands, not as aliens, but as native sulijects of Great Britain. The 28th article of the treaty de- clared that the ten first articles sliould be perma- nent, but the counsel in support of the objection to the title contended, that " it was impossible to suggest that the treaty was continuing in force in 1813 ; it necessarily ceased with the commencement of the war. The 37 G. 3. c. 97. could not conti- nue in operation a moment longer without violating the plainest words of the Act. That the word 'permanent' was used, not as synonymous with ' perpetual or everlasting,' but in opposition to a period of time expressly limited." On the other hand, the counsel in support of the title maintained that " the treaty contained a I'ticles of two different descriptions ; some of them being temporary, others of perpetual obligation. Of those which were temporary, some were to last for a limited period ; such as the various regulations concerning trade and navigation ; and some were to continue so long as peace subsisted, but being inconsistent with a state of war, would necessarily expire with the commencement of hostilities. There were other stipulations which were to remain in force in all time to come, unaffected by the contingency of lis urt. N 3 ..k t- > i. * ":■ ■ ■'■i '■,, v. ••' I ■ • / * *• / ■. / . ■* • If' 182 Third article. 4i Rif;;ht to take fisli. PERMANENT PROVISIONS peace or war. For instance, there are clauses for fixing the boundaries of the United States. AVerc the boundaries so fixed to cease to be the bounda- ries, the moment that hostilities broke out ?" The Master of the Rolls, in his judgment, said, " The privileges of natives being reciprocally given, not only to the actual possessors of lands, but to their heirs and assigns, it is a reasonable construc- tion that it was the intention of the treaty, that the operation of the treaty should be 2)erma)ient, and not dejx^nd upon the continuance of a state of peace." " The Act of the 37 G. 3. c. 95., gives full effect to this article of the treaty in the strongest and clearest terms; and if it be, as I consider it, the true construction of this article, that it was to be permanei-t, and independent of a state of peace or war, then the act of parliament must be held in the 24th section, to declare this permanency, and when a subsequent section provides that the act is to continue in force, so long only as a state of peace shall subsist, it cannot be construed to be directly repugnant and oj^posed to the 24th section, but is to be understood as referring to such provisions of the Act only as would in their nature depend upon a state of peace." The third article, however, of the Treaty of 1794, which may be referred to in Martens' Kecueil, ii. p. 497., was of a mixed character, as it recognised a right of one kind, and conceded a liberty of an- other kind. "It is agreed, that the people of the United States shall continue to enjoy, unmolested, the right to take fish of every kind on the Grand OF CERTAIN TREATIKS. 183 794, , 11. tiised an- liank, and on other b.'uiks of Xcwfonndlniid ; also, in the Gulf of St. Lawrence and all other phices in the sea where the inhabitants of both countries used, at any time heretofore, to fish. And also, that the inhabitants of the United States shall have libertii to take fish of every kind on such M'^''';'>' ' •^ ^ •' _ take fish. part of the coast of Newfoundland as British fishermen shall use, (but not to dry or cure the same on that island) and also on the coasts, bays, and creeks of all other of her Britannic Majestijs dominions in America ; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, ^Lagdalen Islands, and Labrador, so long as the same shall remain unsettled ; but so soon as the same, or either of them, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlements Avithout a previous agreement for that purpose with the inhabitants, proprietors, or pos- sessors of the ground." That the grant of this liberty to American fisher- men to take fish on portions of the coast of his Britannic jMajesty's dominions, and to dry and cure their fish unconditionally on certain districts not yet settled, subject however to conditions when such districts should become settled, was a provision of a distinct character from the re- cognition of their right to fish in certain seas and gulfs hitherto open to both parties — was to be presumed both from the terms of the pro- visions being distinct from each other, and from the nature of the things themselves, as the liber- N 4 ;;tj. ..■ i'.. H-'\ t ■ '1 *■ ,-; - » l'\--' ■ '^ ■■.■*■■ .4 I t ■ ■Ml I .1 < 'm i 184 PKRPETUAL OBLIGATIONS. ties were to be enjoyed within his Britannic Majesty's dominions, the riglit was to be exer- cised in the seas and gulfs, over which his Britan- nic Majesty claimed no exclusive sovereignty. The principle established by these two cases seems to be this, — that where a convention in its terms contemplates a permanent arrangement of territorial or other national right, the continuance of which would not be inconsistent with a state of war, it will not expire with the commence- ment of hostilities, though its operation may in certain cases be suspended till the return of peace. Hence indeed, conventions, by which a right is recognised, are no sooner executed than they are completed and perfected. If they are valid, they have in their own nature a perpetual and irrevocable effect. To use the words of Vattel, " As soon as a right is transferred by a lawful con- vention, it no longer belongs to the state, that has ceded it : the affair is concluded and ter- minated." To the same effect Judge Kent, the Blackstonc of the United States, in his Commentaries upon American law, (vol. i. p. 177.), adopts almost word for word the judgment of the Supreme Court : — " W^ere treaties contemplate a permanent arrangement of national rights, or which by their terms are meant to provide for the event of an intervening war, it would be against every princi- ple of just interpretation to hold them extin- guished by the event of war. They revive at peace, unless waived, or new and repugnant stipu- lations be made." MI XED CONVKXTIONS. 185 Discussions, liowcvcr, aiid disputes liavc not Mixed untrcqucntly arisen as to the cliaracter ot certain tio„s. conventions, from the circumstance that on occa- sions where rights have been recojrnised, liberties or favours have been conceded in other articles of the same agreement. To this effect ^lartens (§58.) observes, "Ccttc dis- tinction cntre les conventions transitoires et les traites serait encore plus importantc, si nombre des traites, et nommement les traites de paix, n'etaient pas composes d'articles de Tun et de I'autre genre [mixtes], ce qui met de la ditficulte dans I'application des principes enonces." A striking illustration of this observation of M. jMartens may be found in the discussions which took 2)lace between the governments of the United States and Great Britain in respect to the fisheries on the Banks of Newfoundland, after the Treaty of Ghent. By the first article of the treaty sio;ned at Paris Treaty of Paris in in 1783, between Great Britain and the United nss.' States of America, his Britannic ^lajesty had acknowledged the said United States (fourteen in number as specified) to be free, sovereign, and independent states. This article then contained the recognition of a right once and for all ; and as the main and principal object of the treaty was the recognition of the inde- pendence of the United States, this treaty may justly be classed amongst transitory conventions, which are completed and perfected as soon as exe- cuted. i'" *' ■ : >?t,; (.■;•;. 18G I'KRMANENT SEHVITUDi:. r * ; <« ''"•;■ f 1^ \'._) jsi: ilr Tl^- 111 , .1 « . ■;-, ;. J , ■k ' ■f * J T ^■'' Anotlior question, liowcvcr, mi^ijht obviously lu« raised in case of a war, — whether the words of the article created what Afartens designates " une servitude de droit public," and what Mr. Wheaton rcnnanont si)caks of a " a permanent servitude in favour surviluilu. ^, ... ot one nation witliin tlie territory of another," which from the nature of the thing would be suspended during tlie war, but would revive on the restoration of peace, or whether they merely conceded a favour, the duration of which would be subject to the continuance of peaceful relations between the two states, so that the obligation would cease with the breaking out of war. In the negotiations which took place in 1818 between the two governments (British and Foreign State Papers, 1819-20), Mr. Adams, on the part of the United States, contended that the treaty of 1783 was not one of those, "which, by the common understanding and usage of civilised nations, is or can be considered as annulled by a subsequent war between the same parties. To suj)pose that it is, would imply the inconsistency and absurdity of a sovereign and independent state liable to forfeit its right of sovereignty, by the act of exercising it in a declaration of war. But the very words of the treaty attest, that the sovereignty and independence of the United States were not considered or understood as grants from his Majesty. They were taken and expressed as existing before the treaty was made, and as then only first formally recognised and acknowledged by Great Britain. Negotia- tions in 1818. United States. W0^ UrX'OGNITIONS or INDKPKNOFA'Ci:. is: ncy ent of est, the oocl en was sed "riTcisely of the snmo iinturc were the ni^lita and liberties in tlie fisheries to wliieh I no\v refer. 1 hey were in no res[)eet ;;ra!its from the King of (Ireiit lirituin to the United States ; but the aeknowletlunient of them, as rii-hts and liberties enjoyed l)eforc the separation of the two countries, whieh it was nuitually agrei'd shoidd contiiuiG to be enioyed undei* the new relations which were to subsist betw(!en them, constituted the essence of the article coneernino- the fisheries. The very [)eculiarity of the stipulation is an evidence that it was not, on either side, vniderstood or intended as a jxrant from one soverei";n state to another. Had it been so understood, neither could the United States have claimed, nor would (Jreat Ijritain have granted gratuitously, any such con- cession. There was nothing either in the state of things or in the disposition of the parties which coukl have led to such a stipulation, as on the ground of a grant, without an equivalent by Great Britain." Lord Bathurst's letter of October 30. 1815, to i^«'-J Mr. Adams, contains a full exposition of the doc- trine maintained by Great Britain. It is worthy of perusal in full, but, as its great length precludes its insertion on the present occasion, the passages have been selected which bear most closely on the question " The Minister of the United States appears, by his letter, to be well aware that Great Britain has always considered the liberty formerly enjoyed by the United States, of fishing within British limits, and using British territories, as derived from the • i. .'■■■' i .;•• .••I - If,: t : c I' A ■ ;■':.! J ■ * -? ^" 1 188 tri:ati?:s tku.minable bv wau. tliird arficle of the Treaty of 1783, uiid from tluit aloMc; uiid that the ehihn of an independent staic to occupy and use, at its discretion, any portion of the territory of another, without coni])ensation or corresj)onding indulgence, cannot rest on any other foundation than conventional stipulation. It is unnecessary to inquire into tlie motives which might have originally influenced Great IJritain in conceding such liberties to the Ignited States ; or whetlier other articles of the treaty wherein these liberties are specified, did, or did not, in fact afford an c(|uivalent for them ; because all stipulations profess to be founded on equivalent advantages and mutual convenience. If the United States derived from that treaty privileges from which other in- dependent nations, not admitted by treaty, were excluded, the duration of the privileges must de- pend on the duration of the instrument by which tliey were granted ; and, if the war abrogated the treaty, it determined the privileges. It has been urged, indeed, on the part of the United States, that the Treaty of 1783 was of a peculiar charac- ter ; and that, because it contained a recognition of American independence, it could not be abrogated by a subsequent war between the parties. To a position of this novel nature. Great Britain cannot Treaties acccdc. She knows of no exception to the rule, fo^by'wa"? *^^^^ ^^^ treaties are put an end to by a subsequent war between the same parties ; she cannot, there- fore, consent to give to her diplomatic relations with one state, a different degree of permanency from that on which her connection with all other states depends. Nor can she consider any one ACKNOWLEDCMKNTS OF '1111,1:. state at liberty to ii9sl;^ii to a treaty made witli lier, such a peculiarity of character as sliall make it, nf to (hiration, an exeei)tlon to all nther treaties, in order to found, on a neculiarify thus assumed, an irrevocable title to indul^aMices, which have all the features of temporary concessions." 189 "/# is hii no menus tinusua/ for treaties coiitaininn Acknow- recognitions and ac/inofrleat/inents of tffle, in the ?zrt- „r title. ture of perpetual ohJiijation^ to contain, likewise, (/rants of privileges liable to revocation. The Treaty of 17H3, like many others, contained provisions of different characters, some in their own nature irre vocal )le, and others of a temporary nature. If it be thence inferred, that, because some advantages specified in a treaty could not be put iin end to by the w^ar, therefore all the other advantages were intended to be equally permanent, it must first be shown that the advantages themselves arc of the same, or, at least, of a similar character: for the character of one advantage recognised or conceded by treaty, can have no connection with the character of another, though conceded by the same instrument, unless it arises out of a strict and necessary con- nection between the advantages themselves. But what necessary connection can there be between a right to independence, and a liberty to fish within British jurisdiction, or to use British territory? Liberties within British limits are as capable of being exercised by a dependent, as an independent state, and cannot therefore be the necessary conse- quence of independence. If 190 iMi: f *■ ■ ^ ' i ' . ■ *" '•-■■' ; , • ' ,; - . * < . .■ i , : ■,■■■•'■' l^.^ 1. ' ? .' 1 • i ; ... I V M • - Irrevo- cable re- Liberty (iiffbrent IRllE VOCABLE RECOGNITIONS. " The iiidopcnclcnce of a state is that wliicli can- not be correctly said to be granted by a treaty, but to be acknowledged by one. In the Treaty of 1783, the independence of the United States was certainly acknowledged ; but it had been before acknowledged, not merely by the consent to make the treaty, but by the previous consent to enter into the provisional articles executed November, 1782. The independence might have been ac- knowledged, without either the treaty or the pro- visional articles ; but by whatever mode acknow- ledged, the acknowledgment is, in its own nature, irrevocable. A power of revoking, or even modi- fying it, would be destructive of the thing itself; and, therefore, all such power is necessarily re- nounced, when the acknowledgment is made. The war could not put an end to it, for the reason justly assigned by the American Minister, because a nation cannot forfeit its sovereignty by the act of exercising it; and for the further reason that Great Britain, when she declared war on her part against the United States, gave them by that very act a new recognition of their independence. " The nature of the liberty to fish within British fr'om'^right. Hmits, or to usc British territory, is essentially dif- ferent from the right to independence, in all that may reasonably be supposed to regard its intended duration. The grant of this liberty has all the aspect of a policy temporary and experimental, depending upon the use that might be made of it, on the condition of the islands and places where it was to be exercised, and the more general conveni- ences or inconveniences, in a military, naval, or :i^^ KIGHTS AND LIBERTIES. 191 h:\^.^ Itish clif- bhat icled the ital, it, ^e it nu- or commercial point of view, resulting from the ac- cess of an independent nation to such islands and places. " When, therefore, Great JJritain, admitting the independence of the United States, denies their rights to the liberties for which they now contend, it is not that she selects from the treaty articles or parts of articles, and says, at her own will. This sti- pulation is liable to forfeiture by war, and that is irrevocable ; but the principle of her reasoning is, that such distinctions arise out of the provisions pistinc- themselves, and are founded on the very nature of foumiud on the grants. But ''he rights acknowledged by the J|.,^'r7of Treaty of 1783 are not only distinguishable from *•"" g'"""'"'- the liberties conceded by the same treaty in the foundation upon svhich they stand, but they are carefully distinguished in the treaty of 1783 itself. " The undersio-ned beo-s to call the attention of the American minister to the wording of the 1st and 2nd articles, to which he has often referred for the foundation of his arguments. In the 1st article. Great Britain acknowledges an independence already expressly recognised by other powers of Europe, and by herself, in her consent to enter into provi- sional articles, of Nov. 1782. In the 3rd article Great Britain acknowledges the right of the United States to take fish on the banks of Newfoundland, and other places, from Avhich Great Britain had no right to exclude any independent nation. But they are to have the liherty to take fish on the coasts of his INlajesty's dominions in America, and liberty to cure and dry them in certain unsettled places within his Majesty's territory. If these liberties, thus ■. -v", ■ •r-l- ■r:-'!;^« .'..»'-• ■:*■:■•• ■{■■ ^^, I ? J-'^t 192 LIBERTIES DISTINCT FROM RIGHTS. ■> ■■■< -V. *-. : f v-!. »;■'■',!.■. ■JiV-.- ' '• "v ^'> '' I ■.'. %q- 1 - .. granted, were to be as perpetual and indefeasible as the rights previously recognised, it is difficult to conceive that the plenipotentiaries of the United States would have admitted a variation of language so adapted to produce a different impression, and above all, that they should have admitted so strange a restriction of a perpetual and indefeasible right, as that with which the article concludes, which leaves a right, so practical and so beneficial as this is admitted to be, dependent on the will of British subjects, in their character of inhabitants, proprie- tors, or possessors of the soil, to prohibit its exer- cise altogether. " It is clearly obvious that the word ii'^/ht is, throughout the treaty, used as applicable to what the United States were to enjoy in virtue of a re- cognized independence, and the word liberty to what they were to enjoy, as concessions strictly dependent on the treaty itself." Mr. Adams' Mr. Adams, in his reply to Viscount Castlereagh, of Jan. 22. 181G, having explicitly "disavowed every pretence of claiming for the diplomatic rela- tions between the United States and Great Britain a degree of permanency different from that of the same relations between either of the parties and all other powers," goes on to state, " The undersigned believes that there are many exceptions to the rule by which treaties between nations are mutually considered as terminated by the intervention of war; that these exceptions extend to the engage- ments contracted, with the understanding that they are to operate equally in war and peace, or exclu- sively during war: to all engagements by which reply. i^'^''f^!^ ; )wed cla- tain the ll all ucd ule ally of ligc- |hey ilu- licli TEUPETUAL ENGAGEMENTS. 193 the parties superadd the sanction of a formal com- pact to principles dictated l)y the eternal laws of morality and humanity ; and finally to all engage- Enp;nj,n'- ments which, according to the expression of Lord periK-tuai J^athurst's note, are in the nature of a perpetual °''''5i»tu)i<. obligation. To the first and second of these classes may be referred the 10th article of the Treaty of 1794, and all treaties or articles of treaties stipu- lating the abolition of the slave-trade. The treaty of peace of 1783 belongs to the third." " The reasoning of Lord ijatliurst's note seems to confine this perpetuity of obligation to recogni- tions and acknowledgments of title ; and to consi- der its perpetual nature as resulting froin the subject- Result of matter of the contract, and not from the engage- ratten" ment of the contractor. Whilst Great liritain leaves the United States unmolested in the enjoyment of all the advantages, rights, and liberties, stipulated in their behalf in the Treaty of 1783, it is immate- rial to them whether she founds her conduct upon the mere fact that the United States are in posses- sion of such rights, or whether she is governed by good faith and respect for her own engagements. But if she contests any one of them, it is to her engagements only that tlie United States can ap- peal as to the rule for settling the question of right. If this appeal be rejected, it ceases to be a discus- sion of right, and this observation applies as strongly to the recognition of independence, and to the boundary line, in the Treaty of 1783, as to tlie fisheries. It is truly observed by Lord Batliurst, that in that treaty the independence of the United States was not granted, but acknowledged. He o ■.t. :; ..-i^ ly ' ,, ■•. c' 194 \ '■ , _■[ V;- i* ^' • ' ■ :-> Stipula- tions of -;•■■ .■ ^1 treaty. . *■■ II J- It TREATY — STIPULATIONS. adds, that it might have been acknowledged without any treaty, and that the acknowledgment, in what- ever mode made, would have been irrevocable. But the independence of the United States was precisely the question upon which a previous war between them and Great Britain had been waged. Other nations might acknowledge their independence Avithout a treaty, because they had no right, or claim of right, to contest it : but this acknowledgment, to be binding upon Great Britain, could have been made only by treaty, because it included the disso- lution of one social compact between the parties, as well as the formation of another. Peace could exist between the two nations only by the mutual pledge of faith to the new social relations established between them, and hence it was that the stipula- tions of that treaty were in the nature of perpetual obligation, and not liable to be lorfeited by a sub- sequent war, or by any declaration of the will of either party without the assent of the other." Mr. Adams then proceeds to discuss the variation in the employment of the terms right and liberty, considering the former to import an advantage to be enjoyed in a place of common jurisdiction, the latter to refer to the same advantage, incidentally leading to the borders of a special jurisdiction. That the term right was used as applicable to what the United States were to enjoy in virtue of a re- cognised independence, and the word liberty to what they were to enjoy as concessions strictly dependent on the treaty itself, he declined to admit, as a con- struction altogether unfounded. He further contended, that " the restriction at CONVENTION OF 1818. 195 h at the close of the article was itself a coniirination of the perniaiieucy of every part o( the article," for that, " upon the common and equitable rule of construction for treaties, the expression of one restriction implies the exclusion of all others not expressed ; and thus the very limitation, which hjoks forward to the time when the unsettled deserts should become inhabited, to modify the enjoyment of the same liberty, conformably to the change of circumstances, corroborates the conclusion that tlie whole purport of the compact was permanent and not temporary." The documents from which these extracts have been made will well repay a perusal of them in full, both from the importance of the principles which are therein discussed, and from the ability with which the discussion was conducted on both sides. The result of the negotiations was the conclusion of the convention of October 20. 1818, by which comenti of 1818 the liberty to take and cure fish on certain parts of the British American coasts, so long as they re- mained unsettled, was secured to the citizens of the United States, in connnon with British subjects, "/or ever.^^ It appears to have been admitted by both parties to this negotiation, that treaties do sometimes con- tain acknowledgments in the nature of a perpetual obligation : the point at issue between them seems to have been, whether the provisions of a convention could ever be considered as of a mixed character, some of which would be terminable by war, whilst others were irrevocable ; and whether the nature of the thing acknowledged determined the character ■)i- iv*itt tion vV''^'' 7 . '/^ () 'Ji v:' ;*•!: t :'■ '■4 ,• k: ■ .■ • ^ .1 ' * '■".I 1 1 !■ . ■ •i'i ■ ''; C*^ ■ ,'/»; r^ 1. ' ■ ■' 1 • \^ ' ?"■■■'.' ■ ■( ■ ' v' .If'' ' ^^*-' 'I.Vl! 196 RECOGNITIONS OF TITLE. of the provision, or the engagement of a treaty gave permanence to the obhgation. Jt seems to have been implied by the insertion of the words " for ever," in the first article of the Convention of 1818, that if the permanent character of the thing recognised is not beyond dispute, the Avords of the convention must be express, in order to give to the engagements of it the nature of a perpetual obli- gation. On the other hand, both parties admitted that recognitions of territorial title were of perpe- tual obligation ; they differed as to the grounds : the British commissioner derivino; the obligation from the nature of the thing recognised, the pleni- potentiary of the United States from the fact of its having been recognised by a convention. ■r 1*)7 CHAPTi:ii XJ. NKGOTIATION BETWEEN THE UNITED STATES AND GREAT BRITAIN IN 1818. Treiity of Glioiit, 1814. — Xogotlations rospeoting the Restoration of I'ort (jiuorgo. — The United States replaced in Possession of the Post at the Mouth of the Columbia River. — (jeneral Negotiations in London, in 1818. — Proposal on the Part of the United States. — Convention of 1818. — No exclusive Claim on either Side. — AVestern Roundary of the United States by the Treaty of 1783. — Treaty of 17!)-*. — Sources of the ^lississippi in 47° 38'. — Conven- tion of 1803, respecting the Boundary, not ratified. — President Jefferson's Letter. — Cession of Louisiana to the L'nited States. — Convention of ISOO. — First Allusion to the Country west of the Rocky Mountains. — Convention not ratified by the United States. Boundary Line according to Treaty of Utrecht. — Opinion of iSlr. Greenhow. — Anderson's History of Commerce. — Treaty of Rys- wick. — Limits of Canada, as surrendered to (Ireat Britain. — Diffi- culty of Boundary Treaties from incorrect Maps. — Treaty of 1783. •;vv;V The Treaty of Ghent, between Great Britain and '['['^aty of 1 TT • 1 • • Ghent. the United States of America, was signed on the 24th of December 1814, and it was agreed in the first article, " that all territory, places, and posses- sions whatsoever taken by either party from the other during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned [in the bay of Passa- maquoddy], shall be restored without delay." ]^)y virtue of this article, Mr. Monroe, the Secretary of State at Washington, wrote to Mr. Baker, the Bri- tish charge-d'afFaires, on July 18. 1815, to inform o 3 i': * . './ 198 TKEATY OF (JIIKNT. ; * ... ; • • ■ ■ ^ ■>'(^ ■ ; it'' If-' I ^^'- ^i^^ ■ A I <■■* ' I'v •■? ^ , ' I 1"' ■ -■■;?.■ •: .'I >■. * J > ^.,*-. .' '-.i. it; 1 ■•■ A< ;• .. la ^r' Negotia- tions in London. liim that measures would be taken by the Ignited States to occupy without delay the post on the Columbia river, which a British expedition had succeeded in taking possession of during the wai', as not being within the exception stipulated. (Bri- tish and Foreign State Papers, 1821-22, p. 450.) To this communication an indecisive reply was made by Mr. 13aker, and the affair was allowed to rest till 1817, when it aj)pears that the United States despatched the Ontario sloop of war to resume possession of this post, without giving previous notice to Mr. Bagot, the British minister at Wash- ington. This led to an inquiry on the part of Mr. Bagot, relative to the destination of the Ontario, and the object of her voyage, and to a statement from him, that " the post in question had not been captured during the late war, but that the Americans had retired from it under an agreement made with the North-west Company, who had purchased their effects, and who had, ever since, retained peaceable possession of the coast." He further observed, that no claim for the restitution of this post could be grounded upon the first article of the Treaty of Ghent, and that " the territory itself was early taken possession of in his Majesty's name, and has been since considered as forming a part of his Majesty's dominions." The discussion was soon afterwards transferred to London, when, in February 1818, Lord Castle- reagh intimated his regret that no notice of the expedition of the Ontario should have been given to the British minister at Washington, Great Britain having a claim of dominion over the territory in rUETENSIONS OF THE UNITED STATES. loy question. It was the desire, liowever, he said, v the British Goverinueut, that tlie claim of title to this post should o;o before commissioners for arbi- tration. ]\Ii*. Rush, the ^Minister of tlie United States, was authorised to state that the omission to give notice of the Ontario's departure to Mr. liagot, was entirely owing to the accident of the President being absent from tlie seat of government, but that it had been concluded from Mr. Baker's communi- tions that no authorised English establishment existed at the place, and " as they intimated no question whatever of tlie title of the United States to the settlement, which existed there before the late war, it did not occur that any such question had since arisen, which could make it an olj»ject of interest to Great Britain." Mr. Adams, in the course of his subsequent J^reten. ' , . . sions of the instructions to Mr. Rush, in his letter of May 20. United 1818, sets forth very clearly and fully the preten- ' sions of the United States. " As it was not anti- cipated that any disposition existed in the British government to start questions of title with us on the borders of the South Sea, we could have no possible motive for reserve or concealment with regard to the expedition of the Ontario. In sug- gesting these ideas to Lord Castlereagh, rather in conversation than in any formal manner, it may be proper to remark the minuteness of the present interests, either to Great Britain or to the United States, involved in this concern ; and the unwilling- ness, for that reason, of this Government, to include it among the objects of serious discussion witli them. At the same time you might give him to o 4 State ■■;\ •»"■■ f 'hi I 20() RESTOHATION OF J'ORT (iKOllGK. t. ■i v'|..i ■i MJ, 1 '< 1 1 > ■-;> imdei'stand, tliougli not unless in a manner to avoid every thin^r offensive in the suggestion, that from the nature of tilings, if in the course of future events it sliould ever ])econie an object of serious importance to the United States, it can scarcely be supposed that (Jreat Jiritain would find it useful or advisable to resist their claim to possession by sys- tematic oj^position. Jf the United States leave her in undisturbed enjoyment of all her holds upon Europe, Asia, and Africa, with all her actual pos- sessions in this hemisphere, we may very fairly expect, that she will not think it inconsistent with a very wise or friendly policy, to watch with eyes of jealousy and alarm every possibility of extension to our natural dominion in North America, which she can have no solid interest to prevent, until all possibility of her preventing it shall have vanished." (State Papers, 1821-22, p. 464.) Lord Castlereagh in the mean time had admitted to Mr. Rush, that in accordance with the principle of statu quo, which was the basis of the Treaty of Ghent, the United States had a right to be rein- stated and to he the 'party in possession whilst treat- ing of the title. In accordance with this view, orders GeorfTc re "^^^^'^ transmitted to the agents of the North-west tiirun? 1 Company at Fort George, and to the commodore States. of the British naval forces in the Pacific, ex- pressly in conformity to the first article of the Treaty of Ghent, to restore to the government of the United States, through its agent, Mr. Prevost, the settlement of Fort George on the Columbia river. A formal surrender of the post was, in consequence, made and accepted on the 6th of Fort 1 :l :{■. l'KKSi:.MrTl(.)N FliO.M I'OSiJEhSlUN. 2Ul 8X- of October IS 18; but the Xortli-west Company "vverc still allowed to occupy it under the Hag of tlu' ('nited States, pending the final decision of the right of sovereignty between the respective govern- ments. Great Britain, in admitting the right of the United States to be tlie party in possession of Fort George pending the discussion of the title to it, attached the most liberal interpretation to the Treaty of Ghent, and certainly gave to the United States, in all future discussions, the advantage of the presumption of law, on tlie ground of posses- prcsunip- sion, as against Great Britain: — " Commodum ^'°" " jiossidentis in eo est, quod etiamsi ejus res non sit, qui possidet, si modo actor non potuerit suam esse probare, remanet in suo loco possessio." But, be- yond this, nothing was conceded. Doubtless, in order to oust the United States, it would now bo necessary for Great Britain to make out a perfect and exclusive title, which she does not attempt to set up, but the re-occupation of the post by the officers of the United States, expressly in conformity to the Treaty of Ghent, established nothing further than the fact that they were in the possession of it before the war broke out. In the mean time negotiations were being carried Nefroiia- on in London for the settlement of various points London, at issue between the two governments — including the fisheries ; the boundary line from the Lake of the Woods westwards ; the settlement at the Columbia river ; the indemnification for slaves carried off from the United States ; and the renewal of a treaty of commerce. It would appear from a letter ad- •■ )1 J, I "In* ,vl \\ 202 I'HOrOSAL OF TIIK INITED HTATJ-S. If • .'<„: H' :."■ ,'.:-1' /v.,; .:y the third article it is agreed, that any such country as may be clahned by either party on the north-west coast of America, on the continent of America westward of the Stony Mountains, shall, together with its har- bours, bays, and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years from the date and signature of this treaty, to the vessels, citizens, and subjects of the two Powers ; it being well understood that this agreement is not to be construed to the prejudice of any claim which either of the tAvo high contract- ing parties may have to any part of the last-men- tioned country, nor shall it be taken to affect the claims of any other Power or State to any part of the said country — tlio only object of the two liigh P 201 EXCLUSIVE CLAWIS UN NEITHER SIDE. t / i ■■ li. No exclu- sive claims. Treaty of 1783. ■ '■■ " ' if'"i - ■ : ^} If' f '.J m : ^' it • ' V .' Treaty of 1)94.' contracting parties in that respect being to pre- vent disputes and differences amongst themselves." (ALartens' Nouveau Recueil de Traites, iv. p. 575.) Thus much, however, may be considered to have been definitively recognised by the article just cited, that both parties had cUiiins to territory west of the Stony ]\lountains, but not exclusive claims; it being implied, by the provision tliat the agreement should not be taken to affect the chums of any other l*ower or State to any part of the said country, that other Powers might likewise have clamis. By the previous article of this treat}', the object of the framers of the second article of the Treaty of 1783 was at last accomplished. By that article it had been agreed, that the western boundary of the United States should be defined by a line " drawn from the most north- Avestern point of the Lake of theAYoods on a due west course to the River Mississippi; thence by a line to be drawn along the middle of the said River Mississippi, until it shall intersect the northernmost part of the thirty-first degree of north latitude." At the time, then, when Gray crossed the bar of the Columbia river in 1792, and first entered the estuary of that river, there was no question about any title of the United States to territories west of the River Mississippi. The boundaries were the Atlantic Ocean on the cast, and tlie River Mississippi on the west. Tlie framers, hoAvever, of the second article of the Treaty of 1783, Avere ignorant of the true posi- tion of the sources of tlic Mississippi. It was in consequence stipulated by tlie fourth article of the Treaty of subscqucut Ti'caty of 1794, tliat a "joint survey of •:i; SOURCES OF THE iMississirri. 205 '\i., Ill the river from one doirrcc below tlie falls of St. Anthony, to tlie })rinci[)al source or sources of the said river, and of the parts adjaci'ut thereto," should be made ; and if, on the result of the survey, it should appear that the river could not be inter- sected by the above-mentioned line, the parties were to regulate the boundary line by amicable negotiation, according to justice and mutual con- venience, and in conformity to the intent of the Treaty of 1783. This joint survey never took effect. In 1798, however, ^Ir. Thomson, the astronomer of the North-west Company, determined the lati- tude of the sources of the Mississippi to be in 47° Sources of nn,/ 11 • 1 I' ' ' 1 '11 tlie INIissis- 38 , and thus it was deiinitively ascertained, that sippi. no line could be drawn due west from the north- western point of the Lake of the Woods, which is in latitude 49° 37', so as to meet the head-waters of the Mississippi. In consequence, by a conven- ^f"!"'^"*'"" tion signed on the 12th of May 1803, by Mr." Kufus King and Lord Hawkesbury, it was agreed that the boundary should be a line from the north- west corner of the Lake of the Woods by the shortest line, till it touched the River ^Mississippi (British and Foreign StatePapers, 1819-20, p. 158.) It is to this treaty that President Jefferson alludes i^resident in his letter of August 1803, referred to by IMr. letter. Pakenham, in his letter of September 12. 1844 : — " The boundaries (of Louisiana), which I deem not admitting question, arc the high lands on the western side of the ]\Iississippi, enclosing all its waters (the Missouri of course), and terminating in the line drawn from the north-Avest point of the Lake of the Woods to the nearest source of the '4 -f ,: ... ■' * ' ■:i,l ■■■(,, •:, ^ 206 CESSION OF LOUISIANA. i^'''^ ^t.^;- !7«: i- -.r 1 '. ■ ' M: '■ by ■ ■ ■ : ^' !;/■■ M ■ '■■■ -'i.''.-.- ,^i'' <'': : -^^ ■^' jf^^ ;■ f^^: . '• S'- j -.' • ^ fvl c- ■ :, .^i ■ m I: <■"*'■, ti , ■Tit ^ ;-,>y 1*1 'it ' 'i^ Mississippi, <3!.5 lateh/ settled between Great Britain and the United States." This treaty, however, was never ratified, most probably in consequence of Cession of ^[j^ ccssion of Louisiana to the United States, by Louisiana. ^ the treaty signed at Paris on the 30th of April 1 803 ; as this cession gave to the United States the title which France had re-acquired from Spain, by the treaty of St. Ildefonso in 1800, to the western STsog''"" ^^^^ ^^ ^^^ Mississippi. In consequence, we find that in a convention concluded at London between Messrs. Monroe and Pinckney, and the Lords Holland and Auckland, in 1806, it was agreed by the fifth article, " that a line drawn due north or south (as the case may require), from the most north-western point of the Lake of the Woods, until it shall intersect the 49 th parallel of north latitude, and from the point of such intersection due west, along and with the said parallel, shall be the dividing line between his Majesty's territories and those of the United States, to the westward of the said lake, as far as their said respective territories extend in that quarter ; and that the said line shall, to that extent, form the southern boundaries of his Majesty's said territories, and the northern boundary of the said territories of the United States ; pro- vided that nothing in the present article shall be construed to extend to the north-west coast of America or to the territories belonging to or claimed by either party on the continent of America to the westward of the Stony Mountains." (Martens' Recueil des Traitcs, viii. p. 594.) Territory This was tlic first uoticc of any claim on the part Rocky of the United States to territory west of the Rocky Mountain<> ■^ THE 49tII rARALi.EL OF LATITUDE. 207 ., v.- I. •;• 'his Mountains : it may be presumed tliat the acqui- sition of the western bunk of tlie Mississippi formed the ostensible basis of her claim, as on that ground the expedition of Lewis and Clarke had been des- patched in the preceding year to follow up the JVIissouri to its source, and thence to trace down to the Pacific Ocean the most direct and practicable water-communication for the purposes of commerce. It may be observed, that the arrangement con- templated by this fifth article was highly favour- able to the United States, as their acquired title to Louisiana would not strictly have entitled them to any territory north of the Mississippi. This con- vention, however, was never ratified by the United States, on account of the absence of any provisions to restrain the impressment of British sailors serving on board of American ships. (Schoell, Histoire des Traites de Paix, ch. 40.) Mr. Greenhow (p. 281.), in alluding to the nego- tiations antecedent to this convention, states that Mr. Monroe, on the part of the United States, pro- posed to Lord Harrowby the 49th parallel of lati- tude, upon the grounds that this parallel had been adopted and definitively settled, by commissaries appointed agreeably to the tenth article of the treaty concluded at Utrecht in 1713, as the di- Treaty of Utrecht. viding line between the French possessions of "Western Canada and Louisiana on the south, and the British territories of Hudson's Bay on the north ; and that this treaty, having been specially con- firmed in the Treaty of 17G3, by which Canada and the part of Louisiana east of the JVIississippi and Iberville w^ro ceded to Great Britain, the remainder ■■■^'^> '.r^*''' '■■ t V. ■I ; •• ^ »^ Opinion of Mr. Green- how. 208 COMMISSIONERS UNDER TREATY OK UTRECHT. of Louisiana continued as before, bounded on the north by tlie 41)th parallel." The same fact was alleged by the commissioners of the United States, in their negotiations with Spain in 1805, respecting the western boundary of Louisiana. (British and Foreign State Papers, 1817-18, p. 322.) He further goes on to state, that there is every reason to believe, that though commissioners were appointed, in accordance with the treaty, for the purpose of determining the boundaries between the French and British possessions, they never executed their task, and that no line was ever definitely adopted by the two Governments. This opinion of Mr. Greenhow seems to be fully supported by the proofs and illustrations annexed in his Appendix, but his mode of stating the substance of the tenth article of the Treaty of Utrecht is calculated to mislead his readers into supposing, that the northern boundary of Louisiana was under discussion when that article was signed. On the contrary, the words of the article were as follows : — " But it is agreed on both sides, to deter- mine within I year, by commissaries to be forth- with named by each party, the limits which are to be fixed between the said bay of Hudson and the places appertaining to the French ; which limits both the British and French subjects shall be wholly forbid to pass over, or thereby to go to each other by sea or by land. The same commissaries shall also have orders to describe and settle in like manner the boundaries between the other British and French colonies in those parts." Anderson, On this article Mr. Anderson, in his History of s^ • J*' rKEATY OF UVSWICK. 2O0 ry of Coinincrcc, piil)li.^01, vol. iii. p. 50., ol)- History of serves, under tlic cvcntgi oi llie }car 1 < lo : — '' Al- thoiiG'li the Freneli Kinu' vieUled to the ( hieen of Great Jjritain, to be [)ossL'sse(l by her in i'nll ri^ht for ever, the I'av and Straits of lludiion. and all parts thereof, aiid -within the same, then jjossessed by France ; yet the leaving the houudarics bctirdoi Iluclso?i\s Bay and tlie north j)arfy of C(/n(a/a, bc- loni\y\y the restoration of the foi'ts and other pos- sessions of which they had beeu deprived at various times by French expeditions from Canada, .and of which some had been yielded to France by the seventh article of the Treaty of Kyswick. By this Treaty of latter treaty Louis XH'. had at last recognised ^^"''^ * AVilliam III. as King of Great Britain and Ireland, and William in return had consented that the prin- ciple of utl jfossidetis should be the basis of the negotiations between the two crowns. By the tenth article, however, of the Treaty of Utrecht, the French Kin*i' a<2;reed to restore to the ()ueen 1> ■'■I • ;^"> >. ■<■• ..-k. (-. t ■*..■. i"' V.-' h ■■ ■, 210 I, ' ■ ■ ' '■ »' •--.If* ' ! .'#•; ( ■. . ■"*! I'r' f Hudson's JJay boun- dark's. ■^i':; «^ ■'''^ .^1 : . ' i ■*■.'■' * 1 ■S ;■■ ■ ^f : ;: m , . '*.**' i» .J* 1 'i ^'^. HUDSON S BAY BOUNDARIES. (Anne) of Great l^ritain, " to l)e possessed in full right for ever, the Bay jiiid Straits of Hudson, together with all lands, seas, sea coasts, rivers and places situate in the said bay arid straits, and Avhich belong thereto, no tracts of land or sea being excepted, which are at present possessed by the subjects of France." The only question there- fore for commissaries to settle, were the limits of the Bay and Straits of Hudson, coastwanl.s, on the side of the French province of Canada, as all the country drained by streams entering into the Bay and Straits of Hudson were by the terms of the treaty recognised to be part of the possessions of Great Britain. If the coast boundary, therefore, was once under- stood by the parties, the head waters of the streams that empty themselves into the Bay find Straits of Hudson, indicate the line which at once satisfied the otliei" conditions of the treaty. Such a line, if commenced at the eastern extremity of the Straits of Hudson, Avould have swept along, through the sources of the streams flowing into the Lake Mistassinnie and Abbitibis, the llainy i^ake, in 48° 30', which empties itself by the Bainy Biver into the Lake of the AVoods, the Bed Lake, and Lake Travers. This last lake would have been the extreme southern limit, in about 45° 40', whence the line would hfive wound upAvard to the north-west, pursuing a serpentine course, and resting with its extremity upon the Bocky Moun- tains, at the southernmost source of the Saskatcha- wan Biver, in about the 48th parallel of latitude. Such would have been the boundary line between J.IMITS OF CANADA. 211 Lake c, in iKiver [, and been 40', to the and Loun- Itcha- Itude. Iween the French pos; }ssions and the Ilndson's liay dis- trict ; and so we find that, in the limits of Canada, cJ^a."' assigned by the ^Farquis de Vandrenil himself, "svhen he surrendered the province to Sir J. Amherst, the lied Lake is the apex of the province of Canaay of 5'S)und- lJ^i<^^^f>» respectively. The difHculty in executin,i,^ arytrea- the provisious of bouudary treaties in /anerica, has arisen chiefly from adopting the data which incor- rect maps have furnished, to which there has been nothing in nature corresponding, and from agreeing to contain parallels of latitude, as appearing from those maps to form good natural frontiers, but Avhich have been found upon actual survey to frus- trate the intentions of both ])arties. The relative positions of the Lake of the Woods, the Red Lake, and the northernmost source of the Mississippi, were evidently not understood by the parties to the 2d article of the Treaty of 1783, when it was proposed to continue a line from the north- western point of Lake Superior through the Long- Lake, and thence to the Lake of the AVoods, and due west to the Mississippi. In order to hit off the sources of the ^Mississippi, which was the lui- doubted purport of the treaty, the line should have been drawn from the westernmost point of Lake Superior up the river St. Louis, and thence it might have been carried due westward to the source of the Mississippi in 47° 38'. No definite substitute was proposed in the Treaty of 1 71)4, which admitted the uncertain character of the proposed frontier; for even then the country had not been surveyed, and Treaty of 1783. '11 no iiada, tlicy alk'}'S iilf of )iiy of JUtlH.i,^ a, has incor- i 1)CCU rceing ' from >;, but 3 frus- Voods, of the )y the I, when north- Long lid due k the le un- ll have Lake linisxht of the te was led the Ir ; for 11, and TJ.MirS Ol' nJKN'Cll I'OSSKSSIONS. as iioitlier of tlie eonvcntions of ISd.'i or 1 HOG was rati Hod l)y the rnitcd States, nor eould the res])ec- tive plenipotentiaries eome to any agreement on the subject at the negotiation of the Peace of Ghent, the question remained unsettled, until it was at last arranged by the provisions of the 2d article of the Convention of IHLS, that the boundary line agreed upon in 1806 should be the frontier westward as far as the iiocky j\rountains. If this view be correct of the boundar}' line of the Hudson's l)ay territory, as settled by the Treaty of Utrecht, and of the western limit of Canada, as expressed upon its surrender to .Great Britain, it will be conclusive against the opinion that the French possessions ever extended indeiinitely north- Avestward along the continent of North America. It should be kept in mind, that the Treaty of Ltrecht Avas signed in the interval between the grant to Crozat in 1712 and the charter of Law's Mississippi Company in 1717. By the former "•rant Louisiana had been deiinitelv limited to the head-waters of the Mississippi and the Missouri, and before the subsequent annexation of the Illinois to the province of Louisiana in 1717, all the terri- tory watered by the streams emptying themselves into the Bay of Hudson had been acknowledged by France to be part of the possessions of the Crown of England. As then the Hudson's Bay territories Avere implied by that treaty to extend up to the Bed Lake and Lake Travers, this Avould defini- tively bar the French title further north ; but the declaration of the French authorities them- seh^es, on the surrender of Canada, that its boundary i- 3 2l;i V'v-i- (.; v^:*;'.' 211 NORTIIKRN LIMIT OF TIIK ILLINOIS. rested upon the IJed Lake, will still more decisively negative the assertion that Louisiana, after 1717, extended " to the most northern limit of the French possessions in North America, and thereby west of Canada' and New France," unless it can be shown that the Illinois country extended to the west of the Ked Lake, which was not the fact. This question, however, will l)e more fully discussed in the next cha{)ter. L-i %';■'■• W'. . ri :«.^:-'^yyi < 21 Lvcly 717, cnch St of lown fthe ition, next CIIArXKII XII. ON THE LIMITS OF LOUISIANA. Hernando de Soto dlsoovors tho MississipjH, in l.>42. — British Dis- coveries in 1(5.54 and 1()70. — French Expeditions. — l>e hi Salle, in 1682. — Settlement in tiie Hay of St. Hernard, in l(iH.5. — D' Iber- ville, in lfiJ)S. — Charter ot" Lonis XJV. to Crozat, in 1712. — The Illinois annexed, in 1717, in the Grant to Law's Mississippi Com- pany. — The Treaty ot' Paris, in 17(53. — Secret Treaty between France and Spain. — Louisiana ceded to Spain, in 1709. — lletro- ceded to France, in 1800, by the secret Treaty of San Ildefonso, — Transferred by Purchase to the United States, in ISO.'l. — Discus- sions with Spain as to Boundaries of Louisiana, — (Grants by Charter o. ly valid aijainst other Nations upon Principles recoj^nised l)y the Law of Nations. — Western Boundaries of Louisiana. — Evidence of Charters against the Grantors. — Conflict of Titles be- tween France and England on the Ohio, between France and Spain on the ^lissouri. — Title of Great Britain by Treaties. — Extent of New France westwardly. — Escarbot's Ilistoire de la Nouvelle France. — Map of 1757. — .refferys' History of the French Dcmiinions in America. — Questionable Authority of Maps. The Spaniards are entitled to claim for their Hemando countryman Hernando de Soto and his followers the merit of having first discovered the Ri^/er Mississippi. About the same time that ^"^asquez de Coronado was despatched to explore the dis- trict Avhich is supposed to correspond to the modern province of Sonora, in search of the great city of Cibola and the rich country of Quivira, the Viceroy Mendoza granted a commission to Soto for the discovery of Florida, which at that p 4 <'•-■ '•k 21fi Sl'AXISH DISCOVERY OK TIIK !\rTSPTSSIPrr. I • I* I' . I'- ..'I ! ,: y ,; 1 ■■,|1 ::l time w.'is tin; ^iciieriil iiaiiK' tor tlie couiitriL'S on tlu! Mortheni slioi'cs oi' thc(«ult'of McxicM). Ac- cording;' to the Spanish accounts, Soto and his fol- lowers snccccdcd, in IT) 12, in inarching across the continent from Aj)ahielie, to the great river ( ^lissis- si))[)i), and thence penetrated as far Avest as the liio \eoro. Soto himself, however, died at Guachoya, and his companions, havijig committed the body <'f their leader in a hollow tree to the river, descended the Mississippi in boats, and after u series of conflicts with the natives, succeeded in reaching the Mexican (lulf, under the guidance of Luis de Moscoso and .(uan de Afiasco. Thence they continued their voyage westward along the coari until they arrived at Panuco, which was the northernmost point of New Spain, being within ji fcAv miles of the sea, a little higher up the river than the modern Tampico. (llerrera. Decade iv., ch. vii. and x., liritish and Foreign State Papers, 1817-18, p. 427.) The Spaniards, however, do not appear to have availed ihemselvcs of this discovery of the mouth of the Mississippi for the purpose of settlement. ()n the other hand, the northei'n branches of the river appear to have been first explored by subjects British dis- of otiicr poAvcrs tluiu Spalu, in the latter portion of the seventeenth century. Mr. (jreenhow (p. 277.) has inserted an extract from Jefferys' History of the French Dominions in America, published in 1754, to the effect that " the Mississippi, the chief of all the rivers of Louisiana, which it divides almost into two ec[ual parts, was dis- covered by ( Colonel Wood, wdio spent almost ten cjvenes. KiiKXcii i:\rKnrnuNs. 217 have mouth !ment. »t' the [bjects ;ion of 277.) i story ^lished the ich it clis- it ten years, or tVoiii Ki.Vl to 1(10 1, iit S('arehiii! <* ;:^i^ "If. t '"'*' it • m ■ '.a At' ;;• ■ "& 1 :;«r If -f ^m 'it -ii' '■ff „ , . •/« :■-■'■• I 220 LAW s Ai^sissrri"! co^rANv were united under the o'overnnient of New France. Ft is true that the llhnois was subsequently an- nexed to Louisiana by a royal decree in 1717, after Law's Crozat had relinquished his charter, and the whole Company!" I'^giou was granted to Law's ^lississippi Company; but the Illinois were still spoken of as the Illinois, and the district was not merged in Louisiana, though it was annexed to that province, to give the company access to Canada, in wliich the mo- nopoly of the beaver-trade had been granted to them. It has been already observed, that the limits of the Hudson's Bay territories and French Canada were settled by the peace of Utrecht, in 1718: one great object of that treaty was to pro- vide against the commercial disputes of the sub- jects of the two crowns, whicli had led to a series of conflicts on the shores of Hudson's Bay ; it Avas in furtherance of this object that the fur-trade of Canada was now diverted from the St. Lawrence to the Mississippi, by this grant of tlie monopoly of the beaver-trade to the Compagnie d'Occident, and the annexation of the Illinois country to Louisiana. Upon the surrender of Canada to the British arms, considerable discussion arose as to the re- spective limits of the provinces of Canada and Louisiana. The British Government insisted, as already stated, p. 211., on a line Avhich Avould take in the river Ouabache, as far as its junction with the Ohio ; and from thence along the Ohio to tlie Mississippi, the country to the south of the Ohio being at this time either British possessions, as part of Virginia, or occupied by Indian tribes. In the course of these negotiations, the Marquis de THEATV OF PARIS. 221 Yaudreiiil, wlio siuncd the surrencler, published his own aceouiit of what passed ])etweeii Sir J. Am- herst and himself, of which he considered the English account to be incorrect. " On the officer showing me a map which he had in his hand, I told him the limits were not just, and verbally men- tioned others, extending Louisiana on one side to the carrying-place of the Miainis, ichich is the Iwiijlit of the kuais icliose rivers run into the Oualxiche ; and on the other to the head of the rirer of the Illinois:' (Annual Pvegister, ITGl, p. 2C8.) Even thus, tlien, all to the north of the Illinois was ad- mitted to be Canada. However, the French Go- vernment, in its memorial of the i)th September, 17GJ, " agreed to cede Canada in the most ample mauii'^'; 'i\d to admit the line on which England rested 1' l demand, as, without doubt, the most extensive bound wdiich can be given to the ces- sion." In accordance with this we find that, by the scventli article of the Treaty of Paris, the French ^/^•''yf •/ ' X tins, possessions were declared to be thenceforth limited by the mid-channel of the Mississippi, from its source to the Iviver Iljerville. The Treatv of Paris, however, has not furnished the only occasion upon which intricate discussions have arisen respecting the limits of Louisiana, li}' a secret treatv with Spain, made in 17(52, but not f^'''"'"''\ " J^ ' ' treaty l)c- signed till 17G-I, France ceded to her all the conn- tuieu ^ ° , 1 ^1 r 1 • • Ti • '''■•■"ice aiifl try known under the name ot Louisiana. Llns Spain, transfer, however, was not promulgated till 17G."), two years after the Treaty of Paris had been signed by France, Spain, and Great Britain; nor did the Spaniards obtain [)ossession of the country till •^ ->, '^ -.<.■ :. ti' . -*: I? ''■'}■: ■ i.i ■ ! ', * ^•* 'i^' ■ .rs^ *fe> iS jiiy" ■/ ■■ -'Ji 'f; ; ' ii # ,ft ^f m ■!»■■'! I I I % n I? ' V' 222 Treaty of San llde- fonso. Louisiana purchased by tlie United States. Discussions between Spain and the United States. TREATY OF SAN ILDEFONSO. 1709. From that time Spain retained it till 1800, when she retroeedecl it to France by the secret Treaty of San Ildefonso, in exchange for an aug- mentation of the territories of the Duke of Parma in Italy. France, having thus been reinstated in possession of her ancient province, found she had unexpectedly given alarm and umbrage to the United States of America, and, in order to detach them from their disposition to unite with Great Britain, ceded it in full to the United States, in 1803, for the sum of sixty thousand francs. This led to a protracted negotiation between the United States and Spain, as to the limits of Louisiana, on the side both of Florida and ^Mexico respectively ; which, though commenced in 1805, was not con- cluded till 1818. The clahns of the two states are discussed in full, in a correspondence whicli may be found in the Britisli and Foreign State Papers for 1817-18, and 1819-20. The United States, in the course of these dis- cussions, insisted upon the limits marked out in the letters patent which Louis XIV. had granted to (,'rozat, 071 t/ie authoriti/ of the discovery tnade, and of the jwssession taken, by Father Hennephi in 1680, and by La Salle in 1G82. Thus the validity of the title conveyed by the letters patent was sought to be grounded by the United States upon principles recognised by tlie law of nations. Charters, by their own intrinsic force, can onlv bind those who are subject to the authority from which they ema- nate : against the subjects of other states they can only avail on the supposition that the title of tlie grantor is valid by the law of nations. Thus the ■ « ■«. VALIDITY OF CHARTERS. 223 in le dis- iii the cd to ', and 1080, )f tlie rht to ipl inles ^v »>y ho eiua- can If the the chartei* given by ('harles IT. to the Hudson's l^ay Company, graiitcd to them, by virtue of the dis- coveries made in those parts, all the lands, &c. "within the entrance of tlie straits commonly called Hudson's Straits, " which are not noic actuidhj pos- sessed by any of our subjects, or bj/ the sul>jeets of any other Christian Prince or State ;^ and thus "\ve find in the negotiations antecedent to the Treaty of Utrecht, it was expressl}' urged in support of the British title to the territories of Hudson's Bay, " that ]\Ions. Frontenac, then Governor of Canadn, did not complain of any pretended injury done to France by the said Company's settling a trade and building of forts at the bottom of Hudson's Bay, nor made pretensions to any riglit of France to that bay, till long after that time." (Anderson's History of Commerce, A. d. 1G70, vol. ii. p. 51G.) In other words, the title which this charter ci'eated charters was good against other subjects of the British "gaiilt ' Crown, bv virtue of the charter itself; but its vali- °^''^'" "'^" ' -Z ' tioiis oil dity against other nations rested on the in'inciple pnntipics 11" T iii»«'ii of intt'ina- that the country was discovered by JJritisli sub- tionai imv. jects, and, at the time of their settlement, was not occupied by the subjects of any other Christian prince or state ; and in respect to any special claim on the part of France, the non-interference of the French governor was successfully urged against that Power as conclusive of her acquies- cence. That the province of Louisiana did not at any time extend further north than the source of the Mississippi, either if we regard the evidence of pub- lic instruments in the form of charters and treaties. t -v ■ 1: ' .1 ■ ■ ■'■( ■in:- r ■ ! .v'»; 224 WKSTEIIN LIMITS OF LOUISIANA. Western boundaries of Louisi- ana. i-H.' ■ i ■■ ■- ■ ■ . . If',- .. . ' '% .■rt, "AM ■■^ ■ ■ ■ ^1:. Evidence of charters ngainst the grantors. or of liiytoi'ical fticts, is most assuredly beyond the reach of argument. What, liowever, were the western limits of the province, has not been so au- thoritatively determined. Mr. Grcenliow (p. 28^1), after examining this question, concludes tluis : — " In the absence of more direct light on the sub- ject from history, we are forced to regard the boundaries indicated by nature — namely, tlie high- lands separating the w^aters of the ^Mississippi from those flowino^ into the Pacific or Californian oulf — as the true icestern boundaries of the Louisiana ceded by France to Spain in 1762, and retroceded to France in 1800, and transferred to the United States by France in 1803 : but then it must also be admitted, for the same as well as for another and stronger reason, that the British possessions further north were bounded on the coast by the same chain of highlands ; for tlie charter of the Hudson's Bay Company, on which the right to those possessions Avas founded and maintained, ex- pressly included only the coiuitries traversed by the streams emptying themselves into Hudson's Bay." Charters may certainly be appealed to as evidence ng;iinst the agaiust tlic partics which have granted tlunn, that on their own admission thev do not extend their ft/ claim beyond the limits of them, and Mr. Green- how is perfectl}' justified in confining the limits of JIupert's Land, for such seems to have been the name recognised in the charter, to the plantation in Hudson's Bay, and the countries traversed b}' the streams emptying themselvc into the Bay; but tlie right to those possessio' &, 'is against France, J CONFLICT OF TITLES. 225 . '* id the ■c the so au- 288.)' lus : — e sul)- 'cl the I hi£j;h- li from gulf- lisianti ocecled United st also nother essions by the of the ght to ed, ex- ^ed by idson's idence |ii, that \ their IGrecii- iiits of |en the ion in lb}' the ; but I ranee, was not founded upon the charter, but generally upon recognised principles of international law, and especially upon the Treaty of Utrecht. So in re- spect to the northern limit of Louisiana, Crozat's grant, or the grant to Law's Mississippi Company, might be alleged against France, to show that its limits did not extend further north, on the right bank of the Mississippi, than the Illinois. On the other hand, the Treaty of Paris might b ' m;^ sealed to, in order to show against Great Britain, that it did extend on the right bank of the Mississippi as far north as the sources of that river. Again, in respect to the western boundary of Louisiana, Crozat's grant might be cited against France, to- show that the province of Louisiana did not extend further west- ward than the confines of New Mexico. What, however, was the boundary of New Mexico, does not seem to have been determined by any treaty between France and Spain. France seems, indeed, from the words of Crozat's grant, to have con- sidered herself exclusively entitled to the JMissouri river on the right bank, and to the Ohio on the left. The claims, however, of Great Britain, clashed with tjj"s.'*^ her on the banks of the Ohio, as remarked by Mr. Calhoun in his letter to Mr. Pakenham of Sept. 3. 1844. In an analogous manner the Spanish title conflicted with the French title on the banks of the Missouri ; for we find that, in the negotiations at- tecedent to the Treaty of Washington, in 1819, the Spanish commissioner maintained, that after Santa Fe, the capital of New Mexico, was built, Spain considered all the territory lying to the east and north of New Mexico, so far as the Mississippi and Q tf .> K' X' 226 m. IP • I" ^ ■ 1 ' ■ Title of Great Bri- tain by treaties. pfe-' 4 ' ' ■■ • ■,■■' -'■*.l ^■. :| ; ;■'. ■ .'■> ^. ■ '4^ . ■ ■ ■,« '.;-:f • i -'r- •>? •..' ^- ;t' • , . ' ■" :; ■ v#. ,sy .\; ■''■;.:l? y ■ ,;■ •=''i :'f .»> ■,fi ..■ ' ■.■^.. Xs-'S , . ■'•('iti ; ^t;; ■' i^ Extent ■ : ^ ^ : , of New France westward- ly. ' * . -v! .■ ^ ^-'f f ■ Escarbot's d\ Histoire de ' i: ■■' la Nouvelle '■■ -^ France. ' •; ■ •'i-i;. •■ " -it '* ••■' -^ EXTENT OF NEW FKANCIO. Missouri, to be her property. (B^'tisli and Foreign State Papers, 1817-18, p. 438.) The United States, indeed, on succeeding to the French title, declined to admit that the Spanish frontier ever extended so far to the north-east as was alleg. d ; on tlie other hand, the letter of President Jefferson, of August 1803, shows that they considered their own claims to be limited by *' the high lands on the western side of the Mississippi, enclosing all its waters (the Missouri of course.)" By the Treaty of Utrecht, the British possessions to the north-west of Canada were acknowledged to extend to the head-waters of the rivers emptying themselves into the bay of Hudson : by the Treaty of Paris, they were united to the British possessions on the Atlantic by the cession of Canada and all her de- pendencies ; and France contracted her dominions within the right bank of the Mississippi. That France did not retain any territory after this treaty to the north-west of the sources of the Mississippi, will be obvious, when it is kept in mind that the sources of the Mississippi are in 47° 35', whilst the sources of the Red River, which flows through Lake Winnipeg, and ultimately finds its way by the Nelson River into the bay of Hudson, are in Lake Travers, in about 45° 40'. Some writers are disposed to consider that the limits of New France extended westwardly across the entire continent to the Pacific Ocean, but no authoritative document has been cited to show that the French Crown ever claimed such an extent of unknown territory, or that its claim was ever ad- mitted. Escarbot's description, in 1617, of New France, which, however, is of no authority, embraces ■1! JKl 228 AUTHORITY OF MAI'S. If-., 'M't If' incleed, oxteiul New France to the Pacific: on the contrary, whilst it exhibits the Kiver of the West flowing in a course not unlike that of the Columbia, it does not include the Pacific Ocean at all within its limits, but leaves the west coast of the continent in its real obscurity. Uonabie""^^ Maps, howcvcr, are but pictorial representations authority, of supposcd territorial limits, the evidence of which must be sought for elsewhere. There maybe cases, it is true, where maps may be evidence ; when, for instance, it has been specially provided that a par- ticular map, such as Melish's Map of North America, shall be the basis of a convention : but it is to be regretted that maps of unsurveyed districts should ever have been introduced into diplomatic dis- cussions, where limits conformable to convenient physical outlines, such as headlands or water- courses, are really sought for, and are understood to be the subject of negociation. The pictorial fea- tures of a country, which, in such c.ises, have been frequently assumed as the basis of the negotiation, have not unusually caused greater embarrassment to both the parties in the subsequent attempt to recon- cile them with the natural features, thaxi the original question in dispute, to which they were supposed to have furnished a solution. That the name of Nouvelle France should have been applied by French authors and in French maps to the country as far as the shores of the Pacific Ocean, was as much to be expected as that the name of California should have been extended by the Spaniards to the entire north-west coast of America, which we know to have been the fact, from the negotiations in the Nootka Sound controversy. Ik'.-' 221) CHAPTER Xlll. TREATY OF WASHINGTON. The Treaty of San Iklefon \ — Ineireotual Negotiations between Spain and the United States, in 1805, respecting the Boundary of Louisiana. — Resumed in 1817. — M. Kerlet's Memoir cited hy Spain, Crozat's Charter by the United States, as Evidence. — Spain proposes the Missouri as the mutual Boundary. — The United States propose to cross the Ilocky Mountains, and draw the Line from the Snow Mountains along 41° to the Pacific. — Negotiations broken off. — Spain proposes the Columbia River as the Fron- tier. — Offers the parellel of 41" to the Multnomah, and along tha River to the Sea. — Error in Melish's Map. — The United States propose the Parallel of 41° to the Pacific. — Spaii: proposes the Parallel of 42° to the ]\rultnomah, and along that River to 43°, thence to the Pacific. — The 42° Parallel adopted. — Source of the Multnomah or Willamette River, in about 44°. — Wilkes' exploring Expedition. — Third Article of the Treaty. — The asserted Rights of Spain to the Californias. — Iler Title by Discovery. — The United States decline to discuss them. — The asserted Rights of the United States to the Valley of the Mississippi. — Mr. Greenhow's Remarks. — The Spanish Commissioner declines to negotiate. — Design of the President of the United States. — Question of Rights abandoned. — Object of the Spanish Concessions. — Santa Fc. — Ultimate Agreement. — Review of the Claims of the two Parties. — Principles of international Law advanced by the United States. — Possession of the Sea-coast entitles to Possession of the interior Country. — Vattel. — Inconsistency of the Diplomatists of the United States. — Treaty cT Paris. — Natural Boundary of conter- minous Settlements, the Mid-distance. — Vattel. — Wheaton. — Ac- quisition of Title from Natives barred by fii-st Settlers against other European Powers. — Right of Pre-emption. In the same year in which the Convention of 1818 was concluded at London between the United States Q 3 e. ,i'. .V 230 TUKATV 01-" SAN IMJKl'ON.SO. 1^ V,,. . t'^ B ■■ ■* /- ,1 m ''^i' ' ' :', ■'. ^'^i ! 'a' ' Treaty of San lido- fuDsu. Negotia- tions in 1805. and Great Iiritiiin, nofjotiations were being carried on at "Washington between Spain and the United States, with the view of determining the efteets of the Treaty of 1803, whereby Lonisiana had been ceded by France to the hitter power. It liad been stipuLatcd in the treaty of San Iklefonso in 1800, that Spain should retroccde " the colony or province of Louisiana, with the same extent which it now has in the hands of Spain, and which it liad when France possessed it, and such as it ought to be according to the treaties subsequently made between Spain and other powers." (15ritish and Foreign State Papers, 1817-18, p. 267-0.) The Treaty of 1803 in its turn ceded Louisiana to the United States, " in the name of the French republic, for ever and in full sovereignty, with all its rights and appurte- nances, as fully and in the same manner as they have been acquired by the French republic, in vir- tue of the above-mentioned treaty mtli his Catholic Majesty." It thus became requisite to determine the limits of this new acquisition of the United States, both on the side of the Floridas, and on that of New Spain. An examination of the dis- cussion regarding the eastern boundary towards the Floridas is unnecessary on the present occasion. The question respecting the western limit was, perhaps, the more difficult to settle, from the cir- cumstance that Texas was claimed by Spain as a province of New Spain, whilst the United States insisted that it was a portion of Louisiana : whilst Spain contended that she had only ceded the Spanish province of Louisiana, the United States maintained that she had retroceded the French colony. Spain Sl'AIN AM) Tin; UNITKl) STATICS. tliLTC'iipoii proposed u line which, "beginning at tlie (jriilf of iMexico between the River Carecut or Cus- casin, and the Annenta or ^binnentoa, slioukl go to the north, passing ])etween Adaes and Natehito- ches, until it cuts the IJed Jiiver," on the ground that the Arroyo-1 londo, which is midway between Natchi- toches and Adaes, had been, in fact, considered to be the boundary in 1763. The United States, on the other hand, insisted on the JJio Bravo del Xorte as the western frontier, on the ground that i.\e settle- ment of La Salle in the Bay of St. JJernard (Mata- gorda) carried with it a right to the ten'itory as far as the Jvio Bravo. Beyond the Red River Spain proposed that the boundary should be determined by commissioners, after a survey of the territo). then but little known, and a reference to docume its and dates, " Avhicli might furnish the necessary light to both governments upon limits which had never been fixed or determined with exactness." (State Papers, 1817-18, p. 321). Such was the proposal made by Don Pedro Cevallos on the part of Spain, on April 9th, 1805. Messrs. Pinckney and Moore, in reply, proposed a compromise in con- nection with the western frontier, tha^ u line along the River Colorado, from its mouth to its source, and from thence to the northern limits of Louisiana, should be the boundary ; but the ^Spanish govern- ment declined to accept their proposal, and the negotiations were not resumed till the year 1817. Spain had, in the mean time, during the capti- vity of the Spanish monarch in France, been unex- pectedly deprived of the greater part of West Flo- rida, in 1810, by the Ignited States, without any Q 4 231 Discon- tinued. Negotia- tions re- opened in 1817. t' , 7, ■-■■ >I 232 '■■ ■■(»• i mm '% Evidence of the i: limits of .y Louisiana. WESTERN LIMITS OF LOUISIANA. declaration of war, or stipulation of peace, which could seem to authorise it. On re-opening the negotiation in 1817, the Spanish Government, hav- ing waived all demands on this head, proposed to cede the two Floridas to the United States in ex- change for the territory which lies between the liiver Mississippi and the well-known limit which now separates, and has separated Louisiana, when France possessed it, before the year 1764, and even before the death of King Charles II. of Spain, from the Spanish province of Texas : so that the Missis- sippi might be the only boundary of the dominions of his Catholic Majesty and of those of the United States. (State Papers, 1817-1818, p. 356.) In the course of the subsequent negotiations, the Spanish commissioner, Don Luis de Onis, in a letter of the 12th of March 1818, refused to admit the authority of the grant of Louis XIV. to Crozat as evidence of the limits of Louisiana, and referred to the memoir drawn up by M. Kerlet, for many years governor of the province before it was ceded to Spain by the Treaty of 1763, containing a de- scription of its proper extent and limits. This memoir had been delivered by the Due de Choiseul, minister of France, to the Spanish ambassador at Paris, as a supplement to the Act of Cession of Louisiana. ( State Papers, 1817-18, p. 437.) On the other hand, the Secreta^^y of State, on the part of the United States, maintained that *' the only boundaries ever acknowledged by France, before the cession to Spain in Nov. 3. 1762, were those marked out in tlic grant from Louis XIV. to Cro- zat." She always claimed the territory which Spain PROrOSED BOUNDARY. 233 ::i:- rain called Texas, as being within the limits, and fonn- ing jiart of Louisiana, " which in that grant is de- clared to be bounded westward by New Mexico, eastward by Carolina, and extending inward to the Illinois, and to the sources of the Mississippi, and of its principal branches." (State Papers, 1817-18, p. 470.) These discussions were suspended for a short time, in consequence of difficulties between the two governments respecting the Seminole Indians in Florida ; but on the 24tli of October Don Luis I''«p«»''1 of ' ^ hpam, d'Onis proposed, that " to avoid all causes of dispute in future, the limits of the respective possessions of both governments to the west of the ^Mississippi shall be designated by a line beginning on the Gulf of Mexico, between the rivers Marmentoa and Cascasiu, following the Arroyo-Hondo, between Adaes and Natchitochez, crossing the Rio Koxo, or lied River, at 32° of latitude and 93° of longitude from London, according to Melish's Map, and thence running directly north, crossing the Arkansas, the White, and the Osage Rivers, till it strikes the Missouri, and then following the middle of that The iviis. river to its source, so that the territory on the right bank of the said river will belong to Spain, and that on the left bank to the United States. The naviga- tion of the Mississippi and Marmentoa shall remain free to the subjects of both parties." (State Papers, 1818-19, p. 276.) No proposal had as yet been advanced by either Proposal of party to carry the boundary line across the Rocky states'." "^^ Mountains till October 31. 1818, when Mr. Adams offered, as the ultimatum of the United States, a ■,VJ' /-•■i^ -j:.<:< **: iS I' If) '■'I. li if. ■• 234 TPIE COLUMBIA IIIVEK. hX-^' '■ ''[ ( . If ' '-ix line from the mouth of the River Sabine, following its course to 32° N.L., thence due north to the Eio Koxo, or Red River, following the course of that The Snow j-ivcr to its source, touching the chain of the Snow Mountains. ' ^ Mountains in latitude 37° 25' north, thence to the summit, and following the chain of the same to 41°, thence following the same parallel to the South Sea." The Spanish commissioner, in his reply, un- dertook to admit the River Sabine instead of the Marmentoa, on condition " that the line proposed by Mr. Adams should run due north from the point where it crosses the Rio Roxo till it strikes the Missouri, and thence along the middle of the latter to its source ;" but in regard to the extension of the line beyond the Missouri, along the Spanish posses- sions to the Pacific^ he declared himself to be totally unprepared by his instructions to discuss such a Nogotia- proposal. The negotiations were in consequence cn'oirl""'^" broken off. Subsequently, the Spanish commis- sioner, having received fresh instructions from his government in a letter of June 16. 1819, proposed to draw the western boundary line between the United States and the Spanish territories from the Spain pro- sourcc of tlic Missouri to the Columbia River, and (SubL along the course of the latter to the Pacific, which Mr. Adams, on the part of the United States, re- jected as inadmissible. Don Luis de Onis there- upon, having expressly waived all questions as to the right of cither power to the territory in dispute, and also as to the limits of Louisiana, proposed that the boundary line, as suggested by Mr. Adams, should follow the Sabine river to its source, thence by the 94th degree of longitude to the Red River river. Ho wing the lUo of that e Snow 3 to the same to e South ply, un- of the roposed le point kes the le latter n. of the posses- 3 totally- such a equence ommis- rom his roposed ?en the om the ter, and which tes, re- there- s as to ispute, ed that dams, thence River > THE MULTNU.MAII ItlVEli. 235 I of Natchitoches, and along the same to the 05tli degree; and cros in- it at that point, should run by a line due north to the Arkansas, and along it to its source, thence by a line due west till it strikes the source of the River St. Clemente or Multnomah, j,]|^^j." j,,^, in latitude 41°, and alono' that river to the Pacific ^^''''",v:- Ocean: the whole agreeably to Melish's map. This is another very remarkable instance of the danger of referring even to the best maps, when territorial limits are to be regulated by the physi- cal features of a couutr3^ There must have been a monstrous error in jNIelish's map, which the Spanish lyrv '•> commissioner had before him, if sutjh a line could hkii.. have been drawn upon it from the source of the Arkansas due tcest +o the source of the Multnomah, the modern Willamette River. ]\Ir. Adams, in reply, proposed a slightly modified line " to tlie source of the Arkansas in 41°, and thence due west u'"'**^'' ' States ])ro- to the Pacific alono- the parallel of 41° accordino; to p"^^'^ the 'list DUT'll* Melish's map up to 1818 ; but if the source of thciei. Arkansas should fall south or north of 41°, then the line should be drawn due north or south from its source to the 41st parallel, and thence due west to the sea." This Avould have been an intelligible line. Don Luis d'Onis then communicated a pro- ''^i;^"'^'' ^ otter. ject of a further modified line from the 100th parallel of longitude west of Greenwich along the middle of the Arkansas to the 42d parallel; "thence a line shall be drawn westward, by the same parallel of latitude, to the source of the River San Clemente, or Multnomah, following the course of that river to the 43° of latitude, and thence by a line due Avest to the Pacific Ocean." Another counter project was ■-■."!'■■ »> ■:'. ;. '.;■♦ -, I. ■ 236 WILKES EXPE1>1T10N. ■•'I, ,' r. .'■•;3 t; ;' '. "-- !>■■'.•'■ I "i!" ilfep t^.:'f; proposed by Mr. Adams on the IStli of February, and ultimately it was agreed between the parties to admit the parallel of 42° from the source of the Parallel of Arkausas westward to the Pacific Ocean, with the ed. jDroviso that if the source of the Arkansas should be north or south of 42°, the line should be drawn from it south or north to the 42d parallel. It was fortunate that this proviso was adopted, for actual surveys have since determined the source of the Arkansas to be at the foot of the Sierra Verde, in about 40° 45' north latitude. On the other hand, as an illustration of the lamentable want of informatioii on the part of the Spanish commissioner in respect to the boundary line which he proposed to be drawn, first of all along the parallel of 41° due west to the source of the Multnomah, and secondly along the parallel of 12° due west to the same river, it may be observed, that the source of this river is ascer- tained to be very little further south than the 44th parallel of latitude, as may be seen in the excellent wiikes'Ex- ^i^igPican map attached to Commander Wilkes' ploringEx- ... Exploring Expedition, though even so late as in Mitchell's map for 1834 it is placed in about 42°. The Treaty of AYashington, or the Floridas, was thus at last concluded on the 22d February 1819, and by the third article, after specifying the boun- dary line, as above described, between the two countries west of the Mississippi, it concludes thus: " The two high contracting parties agree to cede and renounce all their rights, claims, and preten- sions to the territories described by the said line ; that is to say, the United States hereby cede to his Catholic Majesty, and renounce for ever, all their pcditioii. Third ar- tide of the troatv. THE CALIFOKNIAS. 237 rights, cluinis, and liretensions to the ten'itorics lying west and south of the above described line ; and in like manner his Catholic Majesty cedes to the United States all his rights, claims, and pretensions to any territories east and north of the said line, and for himself, his heirs and successors, renounces all claim to the said territories for ever." (JMartens' Nouveau Recueil des Traitos, v. p. 333.) It will be observed from the words of the above tuo assert- article, that the nature of the rights reciprocally spain. ceded are in no manner specified. It thus becomes necessary to look to the antecedent negotiations to determine this question. In the fir^t communica- tion from the Chevalier d'Onis, on January 5. 1818, in respect to the western boundary of Louis- i^T ■ ' ■■ ■ >-'.*^J iana, we find him assert that "the right and dominion of the Crown of Spain to the north-west coast of America, as hio-h up as the Californias, is J'"".^"'" not less certain and indisputable (tlian her claim to West Florida), the Spaniards having explored as far as the 47th degree in the expedition under Juan de Fuca in 1592, and in that of Admiral Fonte to the 55th degree in 1640. " The dominion of Spain in these vast regionsbeing Her title thus established, and her rights of discovery, con- ^ ' ""^"" quest, and possession, being never disputed, she could scarcely possess a property founded on more respectable principles, whether of the law of nations, of public law, or any others which serve as a basis to such acquisitions as all the independent kingdoms and states of the earth consist of." (State Papers, 1817-18, p. 427.) Mr. Adams, in his reply of January 16. 1818, ■'.•'-■ very. 'i. 238 l'UUl'(^SAL iW THE UNITED STATES. r' ':: 1,1;.; «,': ^ > ''■', ■ 1 '■ : i ■i; ' S'ittl/'(ic''' ^^^^^^^^ *^^^^ " *^^^ President of tlie United States ciinetho considered it would be an unprofitable waste of discussion. . , , • , ^ , • n time to enter again at large upon topics ot con- troversy, which were at that time (1805) so thoroughly debated, and upon which he perceives nothing in your notes, which was not then sub- stantially argued by Don Pedro Cevallos, and to which every reply essential to elucidate the rights and establish the pretensions on the part of the United States was then given." Without, there- fore, noticing even in the slightest manner that portion of the Spanish title now for the first time set out in respect of the Californias, and which had not in any manner been alluded to in the previous correspondence, he simply proposed, "the Colorado River from its mouth to its source, and from thence to the northern limits of Louisiana, to be the western boundary ; or to leave that boundary unsettled for future arrangement." It may be observed, that the paramount object of the United States at this moment, was to obtain the cession of the Spanish claims to territories eastward of the Mississippi. (State Papers, 1817-18, p. 450.) The western frontier was comparatively of less pressing im- portance. Various communications having in the mean time been exchanged, Mr. Adams at last, in his letter of Oct. 31.1818, proposed for the first time, on the part of the United States, an extension of the boundary to the Pacific Ocean, namely, a line drawn due west along the 41st parallel. He did not attempt, on this occasion, to contr > the position which Spain had taken up in respect to territory west of the NKGOTIATIONS BIIOKKN OFF. 2;vj 1 ar^ain ^"'fl O riglits ot im- nt'jiotiate. Kocky Mountains, but contented himself witl assertino- that the ri^dits of the United States to *!'« L'.ittd , ? ° . States. the entire valley of the Mississippi and its con- fluents were established beyond the reach of controversy. ]\Ir. Grccnhow (p. 316.) observes, ,^,^';..f[^|;"" " On these positive assertions of the Spanish mi- """■'^''• nister, Mr. J. Q. Adams, the American plenipo- tentiary and Secretary of State, did not consider himself required to make any comment ; and the origin, extent, and value of the claims of Spain to the north-western portion of iVmerica, remained unquestioned during the discussion." The Spanish commissioner seems to have re- J'"^ '^p''"- garded the silence of Mr. Adams as a tacit missionur admission that his position was unassailable, and ' '''^ '"^"^ therefore was totally unprepared for the proposal of the United States, if we may judge from his reply : — " What you add respecting the extension of the same line beyond the Missouri, along the Spanish possessions to the Pacific Ocean, exceeds by its magnitude and its transcendency all former demands and pretensions stated by the United States. Confining, therefore, myself to the power granted to me by my sovereign, I am unable to stipulate any thing on this point. (State Papers, 1818-19, p. 284.) Mr. Adams, in his reply of Nov. 30. 1818 (ibid. 291.), writes, " As you have now declared that you are not authorised to agree, either to the course of the Red River (Rio Roxo), for the boundary, nor to the 41st parallel of latitude, from the Snow Mountains to the Pacific Ocean, tlie President deems it useless to pursue any further the attempt -■.«■ ■v*i'' «.•■ 240 I'LAN OF THE PRESIDENT. a:.- • lit -. '. Y at an adjustment of this object by the present nego- tiation." Don Luis, in withdrawing for the present moment from the negotiation, in his letter of Dec. 12. 1818, (ibid. p. 502.), observes, "I even expressed my earnest desire to conclude tlie nego- tiation, so far as to admit the removal of the boundary line, from the Gulf of Mexico, on the river Sabine, as proposed by you ; and I only added, that it should run more or less obliquely to the Missouri, thereby still keeping in view the con- sideration of conciliating the wish that your government might have, of retaining such other settlements as might have been formed on the bank of that river, and observing, nevertheless, that it was not to pass by New Mexico, or any other pro- vinces or dominions of the crown of Spain.^^ The Spanish commissioner, after obtaining fresh instructions to authorise him to extend the boundary line to the Pacific Ocean, stated in a letter of Jan. 16. 1819, to Mr. Adams (State Papers, 1819-20, p. 565.), that "his Majesty will agree that the boundary line between the two states shall extend from the source of the Missouri, westward, to the Columbia River, and along the middle thereof to the Pacific Ocean ; in the hope that this basis would be accepted by the President, ^'^^p"./^ " ^s i* presents the means of realising his great (lent of the plau of extendino" a navi^iration from the Pacific to IT 'f 1 States. the remotest points of the northern states." This offer was not accepted, and Mr. Adams, in his reply of Jan. 29. 1819, simply stated, " that the proposal to draw the western boundary line be- tween the United States and the Spanish territories Ik • ■ ■■*. SPANISH CONCESSIONS. '241 on this continent, from tlic sonrce of tlie ^lissouri to the ColuLibiti I liver, cannot be jiclmitted," (ibid, p. 506.); and at the sa.ne time he renewed his proposal of the 31st of October last, as to the parallel of 41°. Don Luis de Onis, as might be expected, did not accede to this, and in his next letter, of Feb. 1. 1819, writes, "I have proved to you in the most satisfactory manner, that neither the Red River of Natchitoches, nor the Columbia, ever formed the boundary of Louisiana ; but as you have intimated Question of to me that it is useless to piu'sue the discussion iioned, any further, I acquiesce with you therein, and T agree that, keeping out of view the rights which either party may have to the territor}'^ in dispute, we should confine ourselves to the settlement of tliose points which may be for the mutual interest and convenience of both. "Upon this view, therefore, of the subject, and objtctof considenng that the motive lor dechnmg to admit concessions, ny proposal of extending the boundary line from the Missouri to the Columbia, and along that river to the Pacific, appears to be the wish of the Presi- dent to include, within the limits of the Union, all the branches and rivers emptying into the said River Columbia, I will adapt my proposals on this point, so as fully to satisfy the demand of the United States, without losing sight of the essential object, namely, that the boundary line shall, as far as possible, be natural and clearly defined, and leave no room for dispute to the inhabitants on either side." Tie therefore proposed, as the I?ed River rose n ■ ■•'■M '.^ i} v-v, II.. ^m j', ' v^ : ■ I ■ I: l t r r; t f ifl' 242 ULTIMATE AGREEMENT. Santa Fe. witliin a fcw Icagucs of Santa Fc, the capital of New Mexico, to substitute the Arkansas for tlie Keel River ; so that the line along the lied River should not be dra^vn further westward than the 95th degree of longitude, and crossing it at that point, should run due north to the Arkansas, and along it to its source ; thence, by a line due west, till it strikes the source of the River St. Clementc, or Multnomah, in latitude 41°, and along that river to the Pacific Ocean. The whole agreeably to Melish's Map." — (State Papers, 1819-20, p. 568.) Mr. Adams on the other hand, on Feb. 6. 1819, repeated the proposal of the United States as to the line from the source of the Arkansas River being drawn along the parallel of 41° N.L. to the Pacific, with other modifications in the general detail of the boundary. This proposal, however, was not accepted, and the Spanish commissioner in his turn, on Feb. 9., proposed a diflferent line, to be drawn " along the middle of the Arkansas to the 42° of latitude ; thence a line shall be drawn westward by the same parallel of latitude to the source of the River San Clemente or Multnomah, following the course of that river to the 43° of latitude, and thence by a line to the Pacific Ocean." (Ibid. p. 570.) Mr. Adams, in his answer of February 13. 1819, still retained the parallel of 41° of latitude from the source of the Arkansas to the South Sea, according to Melish's Map. (Ibid. p. 575.) The Chevalier de Onis, on the 16th of February 1819, ultimately agreed "to admit the 42° in- Ultimate agreement, iMi- CONTRAST OF CLAIMS. 243 tiiver loursc lence |0.) 819, from Sea, huary in- stead of the 43° of latitude from the Arkansas to the Pacific Ocean." (Ibid. p. 580.) These extracts from the documentary corres- Tho dnims pondence prelhninary to tlie Treaty of 1819, paiti^s. will show the nature of the claims maintained by the two parties, and thus serve to explain the meaning of the 3d article of the treaty. Spain asserted her right and dominion over +he north- west coast of America as high up as the Califur- nias, as based upon the discoveries of Juan de Fuca in 1592, and Admiral Fonte in 1640. The United States made no claim to territory west of the Rocky Mountains. On the other hand, the United States asserted her right over the coasts of the Mexican Gulf from the Mississippi to the Rio Bravo by virtue of Crozat's grant, and of the settlement of La Salle in the Bay of St. Bernard, whilst Spain maintained that the expedition of Hernando de Soto and others en- titled her by discovery to the entire coasts of the Mexican Gulf, and that the crown of Spain, before 1763, had extended her dominion eastward over the right side of the Mississippi from its mouth to the mouth of the Missouri, and northward over the right side of the latter river from its mouth to its source; in other words, that the dependencies of the Spanish province of New Mexico extended as far as the Missouri and the Mississippi, and the Spanish province of Texas as far as the Red River and Mississippi. The rights, claims, and pretensions, therefore, to any ter- ritories lying east and north of the parallel of 42°, which Spain, by the 3d article of the Treaty R 2 r to' 244 INTERNATIONAL LAW. I' I I f : t '»•■ 3^ « ji i- ■■J ■' ■•«(' of 1819, ceded to the United States, had rtspec; to the Spanish province of Texas, the Spanish province of New Mexico, and the Californias; the rights, claims, and pretensions which the United States ceded to his Catholic Mnjesty to any territories west and south of this line, had reference to the coasts of the Gulf of Mexico as far as the Kio Bravo, and the inland country; for no claim or pretension had been advanced by the United States to territory beyond the llocky Mountains, and the object of the negotia- tion was expressly to determine the boundaries of Louisiana, which the United States insisted had been ceded to them in the full extent in which it had been possessed by France, according to the limits marked out by Louis XIV. in his grant to Crozat. Principles In thc coursc of thcsc negotiations, we find tioiuii law certain principles of international law laid down bjThe^'* by the commissioners of the United States as United applicable to the question of disputed boundaries. They seem to have been advanced after careful consideration, for Messrs. Pinckney and Monroe formally enunciated them on the 20th of April 1805, as "dictated by reason, and adopted in prac- tice by European Powers in the discoveries and acquisitions which they have respectively made in the new world;" and Mr. Adams, on the 12th of March 1820, restated them again as principles " sanctioned alike by immutable justice, and the general practice of the European nations, which have formed settlements and held possessions in this hemisphere." (British and Foreign State Papers, 1817-18, pp. 327. 467.) "^r POSSESSION OF THE SEA-fOAST. 215 Tlic first is, " Tlint wlieiievcr any Kwopean nntion titkes possession of ani/ e.rtent of sca-cnast, that possession is understood us extending into the interior country, to the sources of the rivers emptying witJihi tliat coast, to all their branches, and the country they cover, and to give it a right in exclusion of all other nations to tln' same." "It is evident," write Messrs. Pinckney and Monroe (ibid. j). 327.), "that some rule or prhi- ciple must govern the rights of I'^uropean JV>wers in regard to each other in all such cases, and it is certain that none can be adopted, in those to which it applies, more reasonable or just than the present one. Many weighty considerations show the propriety of it. Nature seems to have destined a range of territory so described for the same society, to have connected its several parts together by the ties of a common interest, and to have detached them from others. If this prin- ciple is departed from, it must be by attaching to such discovery and possession a more enlarged or contracted scope of acquisition; but a slight attention to the subject will demonstrate the absurdity of either. The latter would be to restrict the rights of a European Power, who discovered and took possession of a new country, to the spot on which its troops or settlements rested, a doctrine which has been totally dis- claimed by all the Powers who made discoveries and acquired possessions in America. The other extreme would be equally improper ; that is, that the nation who made such discovery should, in all cases, be entitled to the whole of the territory K 3 Pt)Vii'ssi»n of till' sco- coust. ■a I: I '- S- I- I' « '^^ 246 CONFLICT 0¥ TITLES. SO discovered. In the case of an island, whose extent was seen, which might be soon sailed round, and preserved by a few forts, it may apply with justice; but in that of a continent it would be absolutely absurd. Accordingly, we find, thai; this opposite extreme has been equally disclaimed and disavowed by the doctrine and practice of European nations. The great continent of Ame- rica, north and south, was never claimed or held by any one European nation, nor was either great section of it. Their pretensions have been always bounded by more moderate and rational principles. The one laid down has obtained general assent. " This principle was completely established in the controversy which produced the w^ar of 1755. Great Britain contended that she had a right, founded on the discovery and j^ossesston of such territory, to define its boundaries by given latitudes in grants to individuals, retaining the sovereignty to herself from sea to sea. This pretension on her part was opposed by France and Spain, and it was finally abandoned by Great Britain in the treaty of 1763, which established the Mississippi as the western boundary of her possessions. It icas op- posed by France and Spain on the princijjle here insisted on^ which of course gives it the highest pos- sible sanction in the present case.''^ Vattei. To a similar purport Vattel, b. i. § 266., writes : " When a nation takes possession of a country, with a view to settle there, it takes possession of every thing included in it, as lands, lakes, rivers, &c." It is universally admitted, that when a nation takes possession of a country, she U considered to appro- It- • EXTENT OF SETTLEMENT. 247 IS op- here pos- priate to herself all its natural appendages, such as lakes, rivers, &c., and it is perfectly intelligible, why the practice of European nations has sanc- tioned the exclusive title of the first settlers on any extent of sea-coast to the interior country within the limits of the coast which they have occupied, because their settlements bar the approach to the interior country, and other nations can have no right of way across the settlements of independent nations. In reference, however, to the extent of coast, which a nation may be presumed to have taken possession of by making a settlement in a vacant country, the well-known rule of terrai dominium fmitur, ubi jinitiir armorwn vis, miglit on the first thought suggest itself; but it has not been hitherto held that there is any analogy between jurisdiction over territory, and jurisdiction over adjoining seas : on the contrary, it Avas ruled in the Circuit Court of New York, 1825, in the case of Jackson v. Porter, 1 Paine, 457., " that under the second article of the treaty with Great Britain, the precincts and jurisdiction of a fort are not to be considered three miles in every direction, by analogy to the jurisdiction of a country over that portion of the sea surrounding its coasts, but they must be made out by proof." The comity of nations, however, has recognised in the case of set- tlements made in a vacant territory for the pur- pose of colonisation, a title in the settlers to such an extent of territory as it may fairly be presumed that they intend to cultivate (Vattel, b. i. § 81.), and the possession of which is essential either to the convenience or security of the settlement, n 4 ^v l.t ■' .'t 248 INCONSISTENT ARGUMENTS. ^ without being inconvenient to other nations. The limitation of this extent soeins rather to have been regulated by special conventions, than by any rule of uniform practice. On the authority of this principle as above stated, Messrs. Pinckney and IMonroe contended, that " by the discovery and possession of the Mis- sissippi in its whole length, and the coast adjoining it, the United States are entitled to the whole country dependent on that river, the waters which empty into it, and their several branches, icithin the limits on that coast. The extent to which this would go it is not in our power to say ; but the principle being clear, dependent on plain and simple facts, it would be easy to ascertain it." It will have been observed, that the opposition of France and Spain to the pretensions of Great Britain is adduced by Messrs. Pinckney and Munroe, as giving the highest sanction to this principle. A passage in Mr. Calhoun's letter of Sept. 3. 1844, to Mr. Pakenham, forms a striking contrast. Ha 'ing alluded to the claims of France and Great Britain, first conflicting on the banks of the Ohio, he writes : incoiisis. " If the relative strength of these different claims ^J"?y °^ ^''"^ niay be tested by the result of that remarkable States. contest, that of continuity westward must be pro- nounced to be the stronger of the two. England has had at least the advantage of the result, and would seem to be foreclosed against contesting the principle — particularly as against us, who contri- buted so much to that result, and on whom that contest, and her example and her pretensions from the first settlement of our country, have contributed CONTERMINOUS SETTLEMENTS. 2-19 .ilg to impress it so deeply and indelibly." In other respects ]\Ir. Calhoun adopts the same view of the early European settlements in North America, that the respective nations "claimed for their settlements usually, specific limits along the coasts or bays on which they were formed, and generally a region of corresponding ividth extending across the entire continent to the Pacific Ocean." That the hypothesis of Mr. Calhoun's argument Avas meant to be affirmed, may be inferred from Mr. Gallatin having categorically asserted the same fact in 1826, as being notorious. It does not how- ever appear from the protracted negotiations prior Treaty of to the Treaty of Paris, that any conflicting princi- ^'''"'*' pies of international law were advanced by the two parties, or any question of disputed title set at rest by the treaty. On the contrary, it was intimated in the course of the negotiations, by Great Britain, that she considered France to have the natives on Natives the left bank of the Mississippi under her protec- tectUm of ' tion, when she proposed that the King of France ^''""*=«' should "consent to leave them under the protection of Great Britain." The second rule is, " that whenever a Eu.'opean Contm-mi- , . -I T Til ' i? nous settlc- nation makes a discovery, and takes pos&cssion ot ii^^.^s. anyportionof that continent, and anothci ,itterwar<^s Joes the same at some distcmce from it, who'c +he boundary between them is not determined by the principle above mentioned, the middle distance be- comes such of course. The justice and propriety of this rule are too obvious to require illustration." The principle here stated seems very analogous to that which is recognised by all writers on inter- ^■„ 250 NAVIGABLE RIVERS. .'.; , I Valtc!. n :., M'''^ . Mr. Whca- ton. ' J, it national law, as regulating the navigation of rivers. Thus Vattel (i. § 266) : "When a nation takes pos- session of a country bounded by a river, she is con- sidered as appropriating to herself the river also ; for the utility of a river is too great to admit a supposition that the nation did not intend to reserve it for herself. Consequently, the nation that first established her dominion on one of the banks of the river, is considered as being the first possessor of all that part of the river which bounds her territory. Where there is a question of a very broad river, this presumption admits not of a doubt, so far, at least, as relates to a part of the river's breadth, and the strength of the presumption increases or diminishes in the inverse ratio Avith the breadth of the river; for the narrower the river is, the more does the safety and convenience of its use require that it should be subject entirely to the empire and pro- perty of that nation." To make the reasoning more complete, it might have been added, " the broader the river is, the stronger claim has each party to a portion of it, as requisite for its own convenience, and not likely to be attended with in- convenience to the other party." Mr. AVheaton states the rule of division more explicitly (part ii. ch. iv.): — " AYhere a navigable river forms the boundary of conterminous states, the middle of the channel, or ' thalweg,' is gene- rally taken as the line of separation between the two states, the presumption of law being, that the right of navigation is common to both: but this pre- sumption may be destroyed by actual proofs of prior occupancy, and long undisturbed possession ■i :Hk ACQUISITIONS FROM NATIVES. 251 more right giving one of the riparian proprietors the exclusive title to the entire river." In an analogous manner, where a large tract of unoccupied land forms the boundary of contermi- nous settlements, the middle distance is suggested by natural equity as the line of demarcation, where such line is not inconvenient to either party, and when one party cannot establish a stronger presumption than the other of a perfect right in its own favour. Thus, Messrs. Pinckney and Monroe contended, that " by the application of this principle to the discovery made by M. de la Salle of the bay of St. Bernard, and his establishment there on the western side of the River Colorado, the United States have a just right to a boundary founded on the middle distance between that point and the then nearest Spanish settlement ; Avhich, it is understood, was in the province of Panuco, unless that claim should be precluded on the principle above mentioned. To what point that would carry us, it is equally out of our power to say ; nor is it material, as the posses- sion in the bay of St. Bernard, taken in connection with that on the Mississippi, lias been always understood, as of right we presume it ought, to extend to the Rio Bravo, on which we now insist." The third rule is, " that whenever any European Acquisi- nation has thus acquired a right to any portion of natives, territory on that continent, that right can never be diminished or affected by any other Power, by virtue of purchases made, by grant?, or conquests of the natives within the limits described." " It is believed," continued the commissioners, ■';il v' 252 EIGHT OF PRE-EMPTION. ^^-i ■ ; A Right of pre-emp- tion. " that this principle has been admitted, and acted on invariably, since the discovery? of America, in respect to their possessions there, by all the Euro- pean Powers. It is particularly illustrated by the stipulations of their most important treaties con- cerning those possessions, and the practice under them, viz., the Treaty of Utrecht in 1713, and that of Paris in 1763." The practice of European nations has certainly recognised in the nation which has first occupied the territory of savage tribes, that live by /)unting, iJi^hing, and roaming habits, the sole r'^ht of ac- qniring the soil from the natives by purchase, or Cession, or conquest, for the purpose of establishing settlements. The more humane spirit of the i.iodcrn code of nations seem;- disposed to reduce this right to a right of pre-emption, as against other European nations. The applicability of the above principles to the solution of the questions at present under discus- sion between the governments of the United States and Great Britain, will be considered in a subse- quent chapter. T. acted 253 CHAPTER XIV. NEGOTIATIONS BETWEEN GREAT BRITAIN AND THE UNITED STATES IN 1823-24. Procoetlings in Congress after the Convention of 1818. — Russian Ukase of 1821. — Russian Title to the North-west Coast of America. — Declaration of President Monroe, of Dec. 2. 1823. — Protest of Russia and Great Britain. — Report of General Jessup. — Exclusive Claim set up by the United States, on the Ground of Discovery by Captain Gray, and Settlement at Astoria. — Extent of Title by Dis- covery of the Mouth of a River. — The United States claim up to 51°N.L. — British Objections. — Convention of 1790. — Discovery by Captain Gray a private Enterprise. — Mr Rush's Reply. — Gray's Vessel a national Ship for such an Occasion. — Superior Title of Spain. — British Answer. — Pretensions of Spain never admitted. — Drake's Expedition in 1578. — Mr. Rush's further Reply. — Treaty of 1763, a Bar to Great Britain westward of the Mississippi. — Ex- clusive Claim of the United States to the entire Valley of the Columbia River. — Proposal of the British Commissioners of the Parallel of 49° to the North-easternmost Branch of the Columbia, and thence along the Mid-channel of the River to the Sea. — Cc mter-proposal of the United States of the Parallel of 49° to the Sea. — Negotiations broken off. : V- The Convention of 1818 had provided that the country Avestward of the Stony Mountains should be free and open, for the term of ten years from the signature of the treaty, to the vessels, citizens, and subjects of the two Powers, without prejudice to the territorial claims of either party. Two years Proceed afterwards a committee was appointed by the House Sg" of Representatives in Congress, for an " inquiry as res5 ".l=;r\ 254 ■■■: ' t ^ i< '.* ;'' hich may be referred to in the British and Foreign Sl . Papers for 1821-22. M. de Poletica alleged, as authorising this edict on the part of the Emperor, first discovery, first occu- pancy, and, in the last place, a peaceable and uncontested possession of more than half a century. Both the other Powers, however, contested the extent to which so perfect a title could be made out by Russia, and separate negotiations were in consequence opened between Russia and the other '4 * DECLARATION OF PRESIDENT MONROE. 255 two Powers for the adjustment of their conflicting claims. The question was additionally embarrassed ti^o,f^Jpr,. by a declaration on the part of President Monroe, **'<'^'"t on December 2. 1823, that "the American conti- nents, by the free and independent condition which they had assumed, were henceforth not to be consi- dered as subjects for colonisation by any European power." (Greenhow, p. 325.) Against this decla- p'^^^^J^' .^,^,, ration, both Russia and Great Britain formally Great protested. A further ground of dissension between Great Britain and the United States resulted from an official paper laid before the House of Ilepresen- tatives in Congress, on February 16. 1824, byTroposaiof General Jessup, the Quartermaster-General, in which jessup. it was proposed to establish certain military posts between Council Bluffs on the Missouri, and the Pacific, by which, he adds, " present protection would be afforded to our traders ; and at the expi- ration of the privilege granted to British subjects to trade on the waters of the Columbia, we should be enabled to remove them from our territory, and to secure the whole trade to our citizens." In the conference which ensued at London on the follow- ing July, the British commissioners remarked that such observations "were calculated to put Great Britain especially upon her guard, coming, as they did, at a moment when a friendly negotiation was pending between the two Powers for the adjustment of their relative and conflicting claims to the entire district of the country. " (Greenhow, p. 337.) Such proceedings on the part of the Executive of the United States were not calculated to facilitate the settlement of the points likely to become sub- ; .'% V:- irv f ■ ., • ■ r ^'fc:^ ''':>'■ 'i ■ i' ;'.• . . I: It 256 CLAIMS OF THE UNITED STATES, jccts of controversy in the npproaching negotiations, either at St. Petersburg or at London. The in- structions which were to guide the commissioners of tlie United States were set forth by Mr. Ad;ans, in a letter to Mr. liush, the Minister Plenipoten- tiary at London, of the date of July 22. 1823, which may be referred to in the P)ritish and Foreign State Papers, 1825-26, p. 498. Li the previous negotia- tions of 1818, as already observed, Messrs. Gallatui and Rush " did not assert a i'>erfect rhjlit to the country westward of the Stony jMountains, but insisted tliat their claim was " at least good against Great Britain. The 49th degree of north latitude had, in pursuance of the Treaty of Utrecht, been fixed indefinitely as the line between the northern British possessions and those of France, including Louisiana, now a part of our territories. There was no reason why, if the two countries extended their claims '/cstward, the same line should not be continued to the Pacific Ocean. So far as discovery gave a claim, ours to the whole country on the waters of the Columbia River was indisputable." Subsequently, however, to these negotiations. His Catholic Majesty had ceded to the United States, by the Treaty of Washington, of February 22. 1819, commonly called the Florida Treaty, " all his rights, claims, and pretensions to any territory " north of the 42d parallel of north latitude ; and Mr. Rush opened the negotiations by stating, that "the rights thus acquired from Spain were regarded by the government of the United States as surpassing the rights of all other European Powers on that coast." Apart, however, from this right, " the United States #*- TITLK 15Y DISCOVERY. 257 State the ig tlie oast." ;ates claimed in their own riftlit, and as their ahsuhitc F'»c1us1vo and exclusive sovereignty and donunion, tlic "whole hy tiie of the country west of ilie itoeky Mountains, from stau^'. the 42(1 to at least as far up as the 51st degree of north latitude. This claim they rested n\Hm their first discovery of the river Columbia, followed up by an etfective settlement .at its mouth : a settlement which was reduced by the arms of Britain during the late war, but formally surrendered up to the United States at the return of peac " Their riglit 1)}' first discovi I hey deemed peculiarly strong, having been made, not only from the sea by Ca[)tain Gray, but also -from the inte- rior by Lewis and Clarke, who first discovered its sources, and explored its whole inland course to the l^acific Ocean. It had been ascertained that the Columbia extended, by the River Multnomah, to as low as 42 degrees north ; and by Clarke's Kiver, to a point as high up as 51 degrees, if not beyond that point; and to this entire range of country, contiguous to the orioinal dominion of the United States, and made a part of it by the almost inter- mingling waters of each, the United States consi- dered their title as established by all the principles that had ever been applied on this subject by the PoNvers of Europe to settlements in the American hemisphere. I asserted," writes Mr. Rush, "that^f^"*"f , , . , title by ilis- a nation discovering a country^ by entering the mouth covcry. of its jyrincipal rive?' at the sea coast, must necessarily he allowed to claim and hold as great an extent of the interior country as was described by the course of such principal river and its tributary streams ; and that the claim to this extent became doubly strong, s t> IMAGE EVALUATION TEST TARGET (MT-3) h y. & ^ 1.0 II I.I 11.25 l^im 12.5 IIIIIM 14 IIIIII.6 V] <^ /a <$• ^^V "X / -«^ '^ '/ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 .•V ^ \ :\ 4^ 4^^ ;\ 4^ s- •p:;.;; lit. * '■^,, - 1 V T. , • V I- ^58 COLONIAL lUGIITS OF Sl'AlN. whore, as in tlie present instance, the same river Iijid also been explored I'rom its very mountain- springs to the sea. " Such an union of titles, imparting a validity to each other, did not often exist. I remarked, that it was scarcely to be presumed that any J'Airopean nation would henceforth project any colonial esta- blishment on any part of the north-west coast of America, which as yet had never been used to any other useful purpose than that of trading with the aboriginal inhabitants, or fishing in the neigh- bouring seas; but that the United States should contemplate, and at one day form, permanent esta- blishments there, was naturally to be expected, as proximate to their own possessions, and falling under their immediate jurisdiction. Speaking of the Powers of Europe, who had ever advanced claims to any part of this coast, I referred to the principles that had been settled by the >(ootka Sound Con- vention of 1790, and remarked, that Spain had now lost all the exclusive colonial ri(/hts that ivere recog- nised under that convention^ first, by the fact of the independence of the South American States and of Mexico, and next, by her express renunciation of all her rights, of whatever kind, above the 42d degree of north latitude, to the United States. Those new States Avould themselves now possess the rights incident to their condition of political independence, and the claims of the United States above the 42d parallel, as high up as G0°, claims as well in their own right as by their suc^^ession to the title of Spain, would henceforth necessarily preclude other nations from forming colonial esta- TROrOSAL OF THE UNITED STATES. 250 blishments upon any part of the American conti- nents. I was, therefore, instructed to say, that my government no longer considered any part of those continents as open to future colonisation by any of the Powers of Europe, and that this was a principle upon which I should insist in the course of these negotiations." The proposal which Mr. Rush was authorised to ^.'•'.''" °*' ^ '^ ^ ^ L lilted make on the part of the United States was, that for stans uj) m . . 51" N L the future no settlements should be made by citi- zens of the United States north of 51°, or by ]>ritish subjects south of 51°, inasmuch as the Columbia lliver branched as far north as 51°. ]\lr. Adams, however, in his instructions, concludes with these words : — " As, however, the line already runs in latitude 49° to the Stony Mountains, should it be earnestly insisted upon by Great Britain, we will consent to carry it in continuance on the same parallel to the sea." On the other hand the British plenipotentiaries, on Britisii ob- theirpart, totally declined the proposal, and totally "''''^ '""*' denied the principles under which it had been intro- duced. " They said that Great Britain considered the whole of the unoccupied parts of America as being open to her future settlements, in like man- ner as heretofore. They included within these parts, as well that portion of the north-west coast lying between the 42d and 51st degrees of latitude, as any other parts. The principle of colonisation on that coast, or elsewhere, on any portion of those continents not yet occupied. Great Britain was not prepared to relinquish. Neither was she prepared to accede to the exclusive claim of the United I . , ;. ii S 2 li: J-*. te ■■'■ !«••')■■ ■>i.- *^ ^m^> : t 1 .s»»^ 1-^' 2G0 OBJECTIONS OF GIJEAT BllITIAN. ("onveniion Statcs. SliG had not, by her convention with Spain of 1790, or at any other period, conceded to that Power any exclusive rights on that coast, where actual settlements had not been formed. She con- sidered the same principles to be applicable to it now as then. She could not concede to the United States, who held the Spanish title, claims which she had felt herself obliged to resist when advanced by Spain, and on her resistance to which the credit of Great Britain had been thought to depend. " Nor could Great Britain at all admit, the pleni- potentiaries said, the claim of the United States, as founded on their own first discovery. It had been objectionable Avith her in the negotiation of 1818, and had not been admitted since. Her surrender to the United States of the post at Columbia River after the late war, was in fulfilment of the provi- sions of the first article of the Treaty of Ghent, without affecting questions of right on either side. Discovery Britain did not admit the validity of the discovery Gray"^'^'" by Captain Gray. He had only been on an enter- prise of his own, as an individual, and the British government was yet to be informed under what principles or usage, among the nations of Europe, his having first entered or discovered the mouth of the River Columbia, admitting this to have been the fact, was to carry after it such a portion of the interior country as was alleged. Great Britain entered her dissent to such a claim ; and least of all did she admit that the circumstance of a mer- chant vessel of the United States having penetrated the coast of that continent at Columbia River, was to be taken to extend a claim in favour of the i '« *^. Mil. HUSIIS UEPLV. 2G1 United States along the same coast, both above and below that river, over latitudes that had been pre- viously discovered and explored by Great ]5ritain herself, in expeditions fitted out under the autho- rity and with the resources of the nation. Tins had been done by Captain Cook, to speak ot no others, wliose voyage Avas at least prior to that of Captain Gray. On the coast only a few degrees south of the Columbia, l^ritain had made purchases of territory from the natives before the United States Avere an independent power ; and upon tliat river itself, or upon rivers that flowed into it, west of the Rocky Mountains, her subjects had formed settlements coeval with, if not prior to, the settle- ment by American citizens at its mouth." Such was the tenor of the opening of the nego- tiations. Mr. Rush, in resuming the subject, stated, isir. Uusi.'s that it "was unknown to his government that*^^''^' Great Britain had ever even advanced any claim to territory on the north-west coast of America, by the right of occupation, before the Nootka Sound controversy. It was clear, that by the Treaty of Paris of 1763, her territorial claims to America were bounded westward by the Mississippi. The claim of the United States, under the discovery by Captain Gray, was therefore, at all events, sufficient to over-reacli, in point of time, any that Great Britain could allege along that coast, on the ground of 2^rior occupation or settlement. As to any alleged settlements by her subjects on the Columbia, or on rivers falling into it, earlier, or as early, as the one formed by American citizens at Astoria, I knew not of them, and was not prepared to admit s 3 k • I . ' ■I 1, K '> . ■',■ y - §■; 4. • . . ■: -.1 . Ik ft • rK covcry a natiuiml act. 2G2 DISCOVEllY BY CAPTAIN GRAY. the fact. As to the discovery itself of Capt. Gray, it was not for a moment to be drawn into question. It was a fact before the whole world. The very geographers of Great Britain had adopted the name which he had given to this river." Having alluded to the fact of Vancouver having found Captain Gray there, Mr. Hush proceeded to meet the objection that the discovery of the Colum- bia River was not made by a national ship, or under Gray's dis. national authority. " The United States," he said, " could admit of no such distinction ; could never surrender, under it or upon any ground, their claim to this discovery. The ship of Captain Gray, whe- ther fitted out by the government of the United Gray's vcs- Statcs or uot, was a national ship. If she was not tionai siiip. SO lu a tcchmcal sense of the word, she was in the full sense of it, applicable to such an occasion. She bore at her stern the flag of the nation, sailed forth under the protection of the nation, and was to be identified with the rights of the nation." "The extent of this interior country attaching to this discovery was founded," Mr. Hush contended, "upon a principle at once reasonable and moderate : reasonable, because, as discovery was not to be limited to the local spot of a first landing-place, there must be a rule both for enlarging and circum- scribing its range ; and none more proper than that of taking the water-courses which nature has laid do^vn, both as the fair limits of the country, and as indispensable to its use and value ; mode- rate, because the nations of Europe had often, under their rights of discovery, carried their claims much further. Here I instanced, as sufficient for my ii'"- ■■:■■ h 1 :>■: i'' *%i; ACKXOWLEDUEI) Til'LK OF SPAIN. 203 iriy purpoi5c, and pertinent to it, the terms in whieli many of tlic royal charters and letters patent had been ^n-anted, by the Crown of l^ngland, to indivi- duals proceeding to the discovcn/ or settlement of new countries on the American continent. Amongst others, those from Elizabeth in 1578, to Sir Hum- phrey Gilbert, and in 1584, to Sir Walter llaleigli : those from James I. to Sir Tliomas Yates, in lOOfJ and 1G07, and the Georgia charter of 1732. 15y the words of the last, a grant is passed to all terri- tories along the sea-coast, from tlie lUver Savannali to tlie most soutliern stream ' of another great river, called the Alatamaha, and westward from the heads of the said rivers in a direct line to the Soutli Seas.' To show that l)ritain was not the only European nation, who, in her territorial claims on this continent, had had an eye to the rule of assum- ing water-courses to be the iittest boundaries, I also cited the charter of Louis XIV. to Crozat, by which 'all the country drained by the waters emptying directly or indirectly into the Mississippi,' is decLircd to be comprehended under the name, and within the limits of Louisiana." Li respect to the title derived by the United States from Spain, Mr. Rush contended that, " if Great l^ritain had put forth no claims on the north- west coast, founded on prior occiqmtion, still less could she ever have established any, at any period, founded on j^^ior discovery. The superior title of Superior Spain on this ground, as well as others, was indeed spain. capable of demonstration, llussia Juid achioirledged it in 1790, as the State Papers of the Nootka Sound controversy would show. Tlie memorial of the . 11 r 5:^ II;: IS. I ' f ■>':^ Mi. at 1 lit r 10 '^^ ■ •,■»!, p •261 SPANISH EXrEDlTIONS. Spanish Court to tlic Dritish minister on that occa- sion expressly asserted, that notwithstanding all tlie attempted encroachments upon the Spanisli coasts of the Pacific Ocean, Spain had preserved her possessions there entire, — possessions which she liad constantly, and before all Europe, on that and other occasions, declared to extend to as high at least as the COth degree of north latitude. ' The very first article of the Nootka Sound Convention attested, I said, the superiority of her title; for whilst by it the nations of Europe generally were allowed to make settlements on that coast, it was only for the purposes of trade with the natives, thereby excluding the right of any exclusive or colonial establishments for other purposes. As to any claim on the part of Britain under the voyage of Captain Cook, I remarked that this was suffici- ently superseded (passing by every thing else) by the Journal of the Spanish expedition from San lUas in 1775, kept by Don Antonio Maurelle, for an account of which I referred the British plenipo- tentiaries to the work of Daines Barrington, a British author. In that expedition, consisting of a frigate and a schooner, fitted out by the Viceroy of Mexico, the north-west coast was visited in lati- tude 45, 47, 49, 53, 55, 56, 57, and 58 degrees, not one of which points there was good reason for believing had ever been explored, or as much as seen, up to that day, by any navigator of Great Britain. There was, too, I said, the voyage of Juan Perez, prior to 1775; that of Aguilar, in IGOl, who explored that coast in latitude 45°; that of De Fuca in 1592, who explored it in latitude imrrisii rki'ly. 2G5 48°, i/irinff the vauic, whicli t/iet/ sti/l bore, to the straits in tliat latitude, without goiu^i' throu^di a luuch longer list of other early Spanish navigators in that sea, whose discoveries were confessedly of a nature to put out of view those of all other nations. 1 finished by saying, that in the opinion of my go- vernment, the title to the United States to the whole of that coast, from latitude 42° to as far north as latitude G0°, was therefore superior to that of (jreat Britain or any other Power ; first, through the proper claim of the United States by discovery and settlement, and secondly, as now standing in the place of Spain, and holding in their hands all her title." The British plenipotentiaries, in their reply, niitish " repeated their animated denials of the title of the "'' ^* United States, as alleged to have been acquired by themselves, enlarging and insisting upon their ob- jections to it, as already stated. Nor were they less decided in their renewed impeachments of the title of Spain. They said that it was well known to them what had formerly been the pretensions of Spain to absolute sovereignty and dominion in the South Seas, and over all the sho -es of America which they washed : but that these were pretensions riotci - which Britain had never admitted : on the contrary, silahniLver had strenuously resisted them. They referred to »^''"''"*^■ ': it 1 ' 1 ■■ •»4.-^ f^t B,^' ^' P Mi' ^■-/^.'. i • ' . ■ 4^^! Diiike'sc'X- |io(litl(>i) ill «■ ^ J _ 1758, * ' . ' |.-*1 »" ' " IP,*'!, I ■■ • %% ^j^ iiortli-west coast, in pjirts not already occupied by other nations. This had been the doctrine of (Ireat l>ritain, and from it, notliing tliat was due in lier estimation to other Powers, now called upon her in liny degree to depart. " As to the alleged prior discoveries of Spain all along that coast, Britain did not .'idmit them hut with great qujdiiication. She could never admit that the mere fact of Spanish navigators having first seen the coast at pai'ticular points, even where this was capidde of being substantiated as the fact, without any subsequent or efficient acts of sovereignty or settlement on the part of Spain, was sufficient to exclude all other njitions i'rom that portion of the globe. Besides, they said, even on the score of prior discovery on that 'coast, at least as far up as 48° north latitude, Britain herself had a claim over all other nations. " Here they referred to Drake's expedition in 1578, who, as they said, explored that coast on the part of England, from 37° to 48° X., making formal claim to these limits in the name of Elizabeth, and giving the name of New Albion to all the country which they comprehended. Was this, they asked, to be reputed nothing in the comparison of prior discoveries, and did it not even take in a large part of the very coast now claimed by the United States, as of prior discovery on their side ? " Mr. Kusii's ^Iy Rush iu rcplv'^ contended, " as to Drake, finllicr . T . . . >^t;piy- although Fleurieu, in his introduction to Marchand, did assert that he got as far north as 48°, yet Plakluyt, who wrote about the time that Drake flourished, informs us that he got no higher than W^ *-^;i!- ALLKV OF TllK tOLUMHlA. 2(17 43°, liavin^^ put back at that point from cxtroinity of cold. All the later authors or compilcr.s, also, •who spoke of his voyage, however they might differ as to the degree of latitude to which he went, adopted from Hakluyt this fact, of his having turned back from intensity of weather. The pre- ponderance of probability, therefore, 1 alleged, as well as of authority was, that Drake did not get beyond 43° along that coast. At all events it was certain that he had made no settlements there, and the absence of these would, under the doctrine of Great Britain, as applied by her to Spain, prevent any title whatever attaching to his supposed dis- coveries. They were moreover put out of view by the treaty of 17G3, by which Great Britain agreed Treaty ..f to consider the Mississippi as the western boundary upon that continent." He concluded with reasserting' formally, " the y"''?',"'^ O . *'"-' t oil"! full and exclusive sovereignty of the United States i>iii nvcr over the whole of the territory beyond the Ivocky Mountains washed by the Columbia lliver, in manner and extent as stated, subject, of course to whatever existing conventional arrangements they may have formed in regard to it with other Powers. Their title to this whole country they considered as not to be shaken. It had often been proclaimed in the legislative discussions of the nation, and was afterwards public before the world. Its broad and stable foundations were laid in the first un- contradicted discovery of that river, both at its mouth and its source, followed up by an eifective settlement, and that settlement the earliest ever made upon its banks. If a title in the United lU- -1 , I '' 4'V. , *: V ■* 9 t*^ . . .1 1 < ' '^ (. ,v %: ; i iv ■• Hf :'• ■ ' ',.■• {;•-' *, » '' ^% i-i V; • _ >..( l:-4 ■ ',» '- 1^ H 'Si. •• ■ 'i: fi \.,. P'i, i 1, ■♦? ■ "i. ' ■J r' ' 1 1 ' ■, \ « 9 i ,'•';■ '' i..-^> ■. t. ' * i '. .;» » * '.v.* ' 5*;^1 ' ' .' ■ :! • f , 'i »■ .' :S 'ti ii-^. if t - ^ '■'■ 1 •. ' ■ '/ ' ■'r ■ '•>■.;:• #;i^ . -' . • ' ■ -^ ■■'1 ' ' '.'.■■ ■ .; ••■i -V . f^e \ i ■ f 1 4i: r'^f 208 liritish pr()])os.il. UUITI.SII I'lJOroSAL. States, thus trnnscendaiit, needed confinnatioii, it iiii/^lit l)e soiiglit in tlieir now nniting to it tlie title of Spain. It was not the intention of tlie United States, I remarked, to repose upon any of the ex- treme pretensions of that Power to speculative dominion in those seas, which «i:rew up in less en- lightened ages, however countenanced in those ages ; nor had I, as their plenipotentiary, sought any aid from such pretensions ; but to the extent of the just claims of Spain, grounded upon her fair enterprise and resources, at periods when her re- nown for both filled all Kuroi)e, the United States had succeeded, and upon claims of this character it had, therefore, become as well their right as their duty to insist." The British plenipotentiaries, in conclusion, with a view as they said of laying a foundation of har- mony between the two governments, proposed that the third article of the Convention of 1818 should now terminate. That " the boundary line between the territories respectively claimed by the two Powers, westward of the Rocky Mountains, should be drawn due west, along the 49th parallel of latitude, to the point where it strikes the north- easternmost branch of the Columbia, and thence down along the middle of the Columbia to the Pacific Ocean : the navigation of this river to be for ever free to the subjects or citizens of both nations." They remarked, " that in submitting it, they considered Great Britain as departing largely from the full extent of her right, and that, if ac- cepted by the United States, it would impose upon her the necessity of breaking up four or five settle- I* \M''yi i I'f r.,! ':■" C()UNTi:n-rnni'()SAr- hf tiik rMTKD .statks. 20!) rnents, formed by her subjects within the limits that would become ])r()hibitcd, and that they hud formed, under the belief of their full rights as British subjects to settle there. l>ut their govern- ment was willing, they said, to make these sur- renders, for so they considered them, in a spirit of compromise, on points where the two nations stood so divided." Mr. Rush, in reply, deckrcd his utter inability to accept such a proposal, and in return consented, "in compliance with this spirit, and in order to meet Great liritahi on ground that might be deemed middle, to vary so far the terms of his own proposal, as to shift the southern line as low as Ad° in place of 51 O )> " I desired" he writes, " it to be understood. Counter. 1 ■!• 1 !•• i«iT 1 proposal i)t that this was the extreme limit to which 1 was autho- tiic united rised to go ; and that, in being willing to make this change, I, too, considered the United States as abating their rights, in the hope of being able to put an end to all conflict of claims between the two nations to the coast and country in dispute." The British commissioners declined acceding to NcRotia- this proposal, and as neither party was disposed to ken oir. " make any modification in their ulthnatuin, the negotiation was brought to a close. •'■C:^ -\ ^i! 270 ^;P^' CHAPTER XY. EXA^IINATION OP HIE CLAIMS OP THE UNITED STATES. Exclusive Sovereignty for the first Time claimed by the United States over the Valley of the Columbia. — The Statements relied upon to supjiort this, not correct. — The Multnomah Hi ver erro- neously laid down in IVIaps. — Willamette Settlement. — Source of the Multnomah, or Willamette, in about 43° 4o' N. L. — Clarke's lliver. — Source in 4G° 30'. — The Northernmost Branch of the Columbia discovered and explored by Mr, Thomson. — The Pacific Fur Company not authorised by the United States Government. — The American Fur Company, chartered by the State of New York in 1809, a difTei'ent Company for a different Purpose. — The Asso- ciation dissohed at Astoria before the Arrival of II. B. M.'s SlooiJ of War the llacoon. — Protection of the National Flag. — Vattel. — Kluber. — Letter from Mr. Gallatin to Mr. Astor. — A Commis- sion from the State required In respect of acquiring Territory. — Title by Discovery of the Mouth of a River. — Hivers Appendages to a Territory. — Vattel. — Common Use of great Rivers. — Mr. Whcaton. — Elfect of the Principle to make the Highlands, not the Water-course; , the Boundaries. — Different Principle advanced by Messrs. Pinckney & Monroe, in 1805, founded on Extent of Sea Coast. — Vattel. — Charters of Georgia, Pennsylvania, and Carolina. — Crozat's Grant opposed to the Spanish Discovery of the Mssis- sippi. — Inconvenience in applying the Principle. — Conflict of Titles. — Course of the Columbia River. — Valley of the Columbia River docs not extend across the Cascade Range, on the North Side of the River. — Derivative Title of the United States from Spain. — Spanish Version, in 1790, of Encroachments by Russia. — The Rus- sian Statement. — The Russian American Company, in 1799. — Lord Stowell. — Discoveries require Notification. — The Convention of the Escurial admitted to contain Recognitions of Rights. — Meaning of the Word " Settlements." It will have been seen in the previous chapter that Messrs. Rush and Gallatin, in the negotiations of tl EXCLUSIVE CLALMS OF THE UNITED STATES. 271 1823-24, no loniifcr confined themselves to the assertion of an imperfect right on the part of the United States, good at least against Great Britain, as in the negotiations of 1818, ])ut set up a claim on the part of the United States, i?i t/ielr own right, chxhn of to absolute and exclusive sovereignty and dominion statos'to^' over tlie whole of the country westward of the *^'"^'"''i^'''* •' sovtiX'ign- Itocky Mountains, from 42° to at least as high up as ty. 51°. This claim they rested upon their first dis- covery of the River Columbia, followed up by an effective settlement at its mouth. In respect to the discovery of the river, they alleged the same facts as in 1818, namely, tliat Captain Gray, in the American ship Columbia, first discovered and entered its mouth, and that Captains Lewis and Clarke first explored it from its sources to the ocean. In respect to settlement, the esta- blishment at Astoria was, as before, relied uj)on, having been formally surrendered up to the United States at the return of peace. The American plenipotentiaries grounded the extent of the exclusive claim of the United States, in their own right, upon the fact that " it had been ascertained that the Columbia extended by the River Multnomah to as low as 42° north, and by Clarke's River to a point as high up as 5 l°,if not be- yond that point." In the first place, then, neither of statements, these statements arc correct. The erroneous notions ""' correct. respecting the Multnomah River have been already alluded to in the chapter upon the Treaty of Wash- ington. To a similar purport, in the map prefixed Source of to Lewis and Clarke's Travels, we find the source nomah' of the Multnomah laid down in 38° 45' north lati- ^'^'"■'^' t!» 1 L> ;■■'*■ ":■'■ ■K ■ fy'f! It-' lit-? *■ ' r '^v h ■.'.■<■ ■ -( • . ■ <. t -,- *. i ■Jt: ■4f- i 7- ■'t •Iv •s. -J. ;■?•" ^'^ 272 SOURCE OF TIIK MULTNOAIAII RIVER. tudc, 115° 45' west longitude from Greenwich, the river being represented to run a due north-west course, and to empty itself into the Columbia within about 140 miles of the sea. In the narrative of the ex- pedition. Chapter XX., it is expressly stated, that they passed the mouth of this river in their way down the Columbia to the Pacific, and afterwards found it to be the Multnomah ; and in Chapter XXV. it is said that " the Indians call it Multnomah from a nation of the same name, residing near it, on Wappatoo Island." This island lies in the immediate moutli of the river, dividing the channel into two parts. Now this river is the modern Willamette, which enters the Columbia from the south, about five miles below Fort Vancouver, about eighty-five miles from the sea, according to Mr. Dunn, and in the valley of this river, in a very fertile district, about fifty miles from its entrance into the Colum- Ti.c wiiia- ])[a is thc Willamette Settlement, where the mette set- ' ' tiemcnt. majority of the colonists from the United States are located, though according to Commander AVilkes' account (vol. iv. chap. x. p. 349. 8vo. ed.), many of the farms belong to Canadians who have been in the service of the Hudson's Bay Company. Actual survey, as may be' seen from Commander Wilkes's Source of map, has determined that the southernmost source of the Multnomah, or Willamette, is in about 43°45'N.L. In respect to Clarke's River, the map of Lewis and Clarke places the highest source of it i about 45° 30', whilst Commander Wilkes' map determines it to be in about 46° 30'. It is the same as the Flathead River, and it joins the main stream of the nomah river. Clarke's river. m NORTHERNMOST BRANCH OF THE COLUMBIA. 273 icrn- Columbia a little below the 49tli pariillcl. It thus appears that neither of the rivers upon whieh ^Ir. Rush relied, supports his claim to the extent whicli he m.iintained. Had he grounded the title of tlic United States towards the soutli upon the source of the Lewis or Snake River, which he may possibly have intended to do, this would have given him the 42d parallel to commence with, and Clarke's River would have carried the claim of the United States up to very nearly 49° at its junction with the northern branch, but no higher. Lewis and Clarke saw nothing, and knew nothing, of the northernmost ^"'■*' branch of the Columbia, which iSlr. Thomson, the brancii of astronomer of the North-west Company, first ex- 1,;^. plored to its junction with Clarke's River, and thence to the sea, in 1811, as already (p. 14.) detailed. In reference to the settlement of Astoria, on the southern bank of the Columbia, at its mouth, the Pacific Fur Company does not appear to have been Pacific Fur authorised by the United States Government to make any effective settlement there. On the con- trary, it is asserted by writers in the United States, who, it may be presumed, are well informed on the subject, and the Charleston Mercury of October 11. 1845, expressly asserts the fact, — "that the United States Government, though earnestly soli- cited by Mr. Astor, refused to authorise or sanction his expedition." Mr. Astor himself states, in his letter of January 4. 1823, to Mr. Adams, quoted by Mr. Greenhow in his Appendix, p. 441., that it was as late as February 1813, when he made an application to the Secretary of State at Washington, but no reply was given to it. In addition, although T 274 I'ACIFIO FUR COMl'ANY, rr '••■' l-i";' , >■' ' jmny Mr. Astor, according to ]\Ir. AVashingtoii Irvino", obtained a charter from the State of New York in 1809, incorporating a company under the name of American fhe American Fur Company, this was intended to carry on the fur trade in the Atlantic States, and was a totally distinct speculation from the Pacific Fur Company, which was not formed before July 1810, and was a purely voluntary association for commercial purposes, consisting of ten partners, of whom Mr. Astor was the chief. Of these, however, six were British subjects, who, according to Mr. Greenhow, p. 294., conununicated the plan of the enterprise to the British minister at Washington, and were assured by him, " that in case of a war between the two nations they would be respected as British subjects and merchants.^^ Such a body of traders could hardly be considered to invest their settlement at Astoria with any distinct national character, much less to represent the sovereignty of the United States of America, so as, in taking possession of a portion of territory at the mouth of the Columbia, to acquire for the United States the empire or sovereignty of it, at the same time with the domain. It must be kept in mind that the Pacific Fur Company was a purely voluntary association, a mercantile firm in fact, not incorporated, as the American Fur Company had been, by an Act of the Legislature of the State of New York, nor, though countenanced by the Government of the United States, as it well deserved to be, in any respect authorised by it. " The association," ac- cording to Mr. Washington Irving, " if successful, r .'■■'/'' \hW-. ASSOCIATION AT ASTORIA DISSOLVED. 275 July any was to continue for twenty years, but the parties had full poicer to abandon and dissolce It witliin tlie first five years, sliouiJ it be found unprofitable." And thus, we find, that the association was dis- .Hs'Joiveli'a" solved by the unanimous act of the partners present '^"toiia. at Astoria on the 1st of July 1813, and the esta- blishment itself, with the furs and stock in hand, transferred by sale on the 6tli of October to the North-west Company, so that when the British sloop-of-war the Racoon arrived on the 1st of December, the settlement at Astoria was the pro- perty of the North-west Company. Captain lilack, however, formally took possession of Astoria in the name of his Britannic Majesty, according to the narrative of Mr. John Ross Cox, and having hoisted the British ensign, named it Fort George. There is no mention however of the flag of the United States having been struck on this occasion. Thus, indeed, the territory was for the first time taken possession of by a person ^^ furnished with a corn- mission from his .sovereign" and from this time Astoria became a settlement of the British Crown, not by the rights of war, but by a national act of taking possession. At a subsequent period, how- ever, upon the representation of the Government of the United States, the British Government, in con- formity, as it was led to suppose, to the first article of the Treaty of Ghent, directed the settlement of Fort George to be restored to the United States. The British ensign was then formally struck, and the flag of the United States hoisted. By this act of cession on the part of the Crown of Great Britain, and the subsequent taking possession of the T 2 V;* 276 NATIONAL FLAG. i i i... ■ ii. . ■■>'■., i " r 1 ■i 'i . '' ' I .■■' . ■ 'i^V- ■?r ■" ■ V -'!';■::/', -?' M ■-' , - ' . 'i.' ■ .' \" > ■ '■.: ■ ,;: ■>; ■'t ' ■■'/ f,,'; •/^ 7^' -« 'i.'" ■ ■ ')■" ■t ; ■<:■' . ■■. .■•t place by jMr. Prevost, as a^^ent for the ITnitecl States, Astoria for the first time acquired the na- tional character of a settlement of the United States; and though the facts of the case, when better un- derstood, might not have brought Astoria within the scope of the first article of the Treaty of Ghent, still the act of cession, having been a voluntary act on the part of the British Government, would carry with it analogous consequences to those which fol- lowed the restoration of the settlement at Nootka Sound, on the part of Spain, to Great Britain, by virtue of the first article of the Treaty of the Escu- rial. From this period, then, the first authoritative occupation of any portion of the Oregon territory by the United States is to be dated. But it was alleged on the part of the United States, that the mouth of the Columbia river had been first discovered and entered by Captain Gray, a citizen of the United States, in a vessel sailing under the flag of the United States : and when it was urged by the British commissioners that the discovery was not made by a national ship, or under national authority, it was stated by Mr. Rush, that " the United States could admit no such distinction, could never surrender under it, or uj>on any ground, their claim to this discovery. Kem°" ^^^ ®^^P ^* Captain Gray, whether fitted out by tionai flag, the govcmment of the United States or not, was a national ship. If she was not so in a technical sense of the word, she was in the full sense of it applicable to such an occasion. She bore at her stern the flag of the nation, sailed forth under the protection of the nation, and was to be identified with the rights of the nation." I 3l* <»,., THE STATE MUST TAKE POSSESSION. 277 The doctrine ucldiiccd in the above piissii^i^e is not in accordance either with the [)ractice of na- tions, or the principles of natural law. The occa- sion here contemplated was the discovery of a country witli the view of taking possession of it. The practice of nations, according to A^attel, has^'^^''" usually respected such a discovery, when made hy navigators famished icith a commission from their sovereign, but not otherwise ; and according to Kluber, in order that an act of occupation should be legitimate, — and the same observation applies to all the acts which are accessorial to occupation, — the state ought to have the intention of taking possession. It may be perfectly true that a mer- chant vessel, sailing under the flag of a nation, is under the protection of the nation, and is to be identified with the rights of the nation, within the limits of its own proper character, that is, fcjr all the purposes of commerce, but not beyond those limits : the flag, indeed, entitles it to all the privi- leges which the nation has secured to her citizens by treaties of commerce, but the ship is the pro- perty of individuals, and the captain is only the agent of the owners : he possesses no authority from the nation, unlike the captain of a vessel of the state, who is the agent of the state, and for whose acts the state is responsible towards other states. The Government of the United States, however, did not consider, about the time of these transactions at Astoria, that a trading vessel, sail- ing under the command of a private citizen, could claim the protection of the flag in the same sense in which a ship of the state possesses it, under the T 3 i ' • 'A ' V;^ -a My t-*? * ■ ■ ' ■/ ' ^r.;:- ': "," ■' ■ i' ' "■f ♦' l^llr! ijiv.t |f-? mm *i^il\ It if I ^^ ,.V." 278 JIU. GALLATIN S LETTER. cominand of a commissioned officer. Mr. Washing- ton Irving has annexed, in the Appendix to his Littci from " Astoria," a letter from Mr. Gallatin himself, ad- ^^^;; ^'''""- dressed to Mr. Astor, in August 6. 1835: — " During that period I visited Washington twice — in October or November 1815, and in March 1816. On one of tliese two occasions, and I believe on the last, you mentioned to me that you were disposed once more to renew the attempt, and to re-establish Astoria, provided you had the protection of the American flag : for which purpose a lieute- nanfs command Avould be sufficient to you. You requested me to mention this to the President, which I did. IMr. Madison said he would consider the subject; and, although he did not commit him- self, I thought that he received the proposal favour- ably," This distinction, Avliich the highest autho- rities in the United States seem at that time to have fully appreciated, between the protection of the national flag in respect of acquiring territory, and the protection of it in respect of carrying on commerce, namely, that a commission from the state is required to convey the former, whilst the latter is enjoyed at his own will by every citizen, is seemingly at variance with Mr. Rush's remarks. The principle, however, upon which Captain Gray's discovery, on the hypothesis that it was a national discovery, was alleged to lead to such im- portant consequences, was thus stated : — "I as- serted," writes Mr. Rush, " that a nation discover- Discovery ' ' of the ing a country by entering the mouth of its princi- river. pal rivcr at the sea coast, must necessarily be allowed to claim and hold as great an extent of lllVEliS APPENDAGES TO TEURITOUV 271i the t the izeii, arks. •tain 'as a im- as- >ver- tinci- bc it of the interior country as was described by the course of such principal river and its tributary streams." This is a very sweepinf]^ declaration, more particu- larly when applied to the rivers of the New World ; and, in order that it should command the acquies- cence of other states, it must be agreeable either to the principles of natural law, or to the practice of nations. The principles involved in this position seem to be, that the discoverer of the mouth of a river is entitled to the exclusive use of the river ; and the exclusive use of the river entitles him to the pro- perty of its banks. This is an inversion of the ii'vcrs ap- ordinary principles of natural law, which regards a territory, rivers and lakes as appendages to a territory, the use of which is necessary for the perfect enjoyment of the territory, and rights of property in them only as acquired through rights of property in the banks. Thus, Yattel (i. § 266.): " When a nation takes possession of a country bounded l)y a river, she is considered as appropriating to herself the river also : for the utility of a river is too great to admit of a supposition that the nation did not in- tend to reserve it for itself. Consequently, the nation that first established her dominion on one of the banks of the river is considered as being the first possessor of all that part of the river which bounds her territory. Where it is a question of a very broad river, this presumption admits not of a doubt, so far at least as relates to a part of the river's breadtli : and the strength of the presump- tion increases or diminishes in an inverse ratio with the breadth of a river ; for the narrower the T 4 J5 ^1! 280 COMMON USE OF RIVERS. ■i- •■'■ ' . r ■ . 1^:. . 1 ', • '.•,•; '..ui •'.•?!' ' '.Sf.. •■•'•■■,' ■ -i^ ' . M 1 - " m .. ' 1 ' ^ ; "t' •'-^ Jl- .1., > ■_ 'j *.-■ ^ ; '/ * 'V ' ■ it '.|-:v. ■ ■ **' "«ii *' ;■ ■ .•c "■■'•(,' , ■ ■ ■. Jt.' V> i> 1. ■V '• '•.■ >|-W ■ (• >■ V, ' ^ • jf ■*• 1 . ■■"*•- ■ '' , ::» i' ' . w -' . ■ ■• •J'.' ;. " i ■ ;« ■ ■ -A .'■> J *: . .•»".i '", ■ ■' ' 'if.' 1 . % ■-■ ■■ ''!» ■*if. .,'1. '■i. . ■ fi i :,t' Coiiitnun use of great rivers. ton river is, the more do the safety and convenience of its use require that it should be subject to the empire and property of a nation." According to the Civil Law, rivers (flumina pe- rennia), as distinguished from streams (rivi), were deemed public, which, like the sea shore, all might use. In an analogous manner, in reference to great rivers flowing into the ocean, a common use is jore- sumed, unless an exclusive title can be made out, either from prescription or the acknowledgment of Mr. wiioa- other states. Thus, Mr. Wheaton, in his Elements of International Law (part ii. ch. iv. § 18.), in referring to the Treaty of San Lorenzo el Real, in 1795, bv the 4th article of which his Catholic ^la- jesty agreed that the navigation of the Mississijipi, from its sources to the ocean, should be free to the citizens of the LTnited States (Martens, Traites, vi. p. 142.), Spain having become at this time pos- sessed of both banks of the Mississippi at its mouth, observes : — " The right of the United States to participate with Spain in the navigation of the Mississippi was rested by the American Go- vernment on the sentiment, written in deep cha- racters on the heart of man, that the ocean is free to all men, and its rivers to all their inhabitants." Thus, indeed, the use of a river is considered by Mr. Wheaton to be accessory to inhabitancy ; in other words, to follow the property in the banks. The principle, however, upon which the commis- sioner of the United States defended his claim to attach such an extent of country to the discovery of Captain Gray, was, that it was at once reasonable and moderate: reasonable, because there must be EXTENT OF SKA COAST. 281 in some rule for determining the local extent of a discovery, and none was more proper than taking the water-courses which nature had laid down, botli as the fair limits of the country, and as indis- pensable to its use and value ; moderate, because the natives of Europe had often, under their rights of discovery, carried their claims much further. As to the reasonableness of the rule, if Mr. Rush meant that rivers were the natural and most con- venient boundaries of territories, this proposition would command a ready assent : but the result of the principle which he set up as to the extent of the discovery, would be to make the high-lands, Higi>-i«i"'s and not the water-courses, the territorial limits. In toriai respect, however, to the moderation of the prin- ciple, when the magnitude of the great rivers of America, the Amazons for example, or the IMissis- sippi, is taken into consideration, the absolute mo- deration of the rule would be questionable. But its moderation was insisted upon in comparison with the extensive grants of the European sove- reigns. The comparative moderation, however, of a principle will not be sufficient to give it validity as a principle of international law, if it should be not in accordance with the practice of nations. But Mr. Monroe, under whose administration as President of the United States this principle was advanced by Mr. Rush, had, in the negotiations which he, in conjunction with Mr. Pinckney, car- ried on in 1805 with Spain, propounded a very different principle, viz. " that whenever any Eu- ropean nation takes possession of any extent of sea 1'^"^^"* of coast^ that possession is understood as extending .1 ■ .i,'. '\v i. .'> ■':' ;l: . . 4..,- ''. "■ •' >•-■;■ ■'''■■,'.■ •I.' : r '• . ::' ; '^^ '■ 4, 1 /v, ' ■ :^ 282 Vattel. Tlic Georgia charter. Ponnsyl- vania and Carolina. THE GEOUUIA CIIAUTEK. into the inttrior country, to the sources of tin; rivers emptying within that coast, to till their branches, and tlie country they cover, and to give it a right in exclusion of all other nations to tlie same." Now Vattel (i. § 266.) observes, — "When a na- tion takes possession of a country, Avith a view to settle there, it takes possession of every tlnng in- cluded in it, as lands, lakes, rivers, &c." Here then the title to the river is made subordi- nate to the title to the coast, and such is the case in the charters of the Crown of England, which Mr. Rush alludes to as confirmatory of his view. The Georgia Charter of 1732, for instance, of which he cites a portion, granted " all the lands and territories from the most northern stream of the Savannah river, all along the sea coast to the southward unto the most southern stream of the Alatamaha river, and westward from the heads of the said rivers respectively in direct lines to the South SeaSj and all that space, circuit, and precinct of land lying within the said houndariesy (Old- mixon's History of the British Colonies in Ame- rica, i. p. 525.) The same principle is sanctioned in the grant of Pennsylvania and of Carolina, and it is pcrfcctl}^ reasonable: for, as the discovery has taken place from the sea, the approach to the territory is pre- sumed to be from the sea, so that the occupant of the sea-coast will necessarily bar the way to any second comer : and as he is supposed, in all these grants, to have settled in vacant territory, he will naturally be entitled to extend his settlement over CU0ZAT8 GUANT. 280 (Olcl- Ainc- t\ui vacant district, as there will be no other civi- lisicd power in his way. Mr. ivusli, in ordrr to sliow that liritain was not the only Euxopcan naticjn, who, in her territorial claims on this continent, had hud an eye to the rule of assuming water-courses to be the fittest boundaries, cited the charter of Louis XIV. to ^'•""'•'^^ ' grant. Crozat. But this very charter bears testimony against the principle advanced by Mr. Hush ; for it is undeniable that the Spaniards discovered the mouth of the Mississippi about 1540; yet, in the face of this fact, the French King granted to Cro- zat all the territory between New. Mexico on the west and Carolina on the east, as far as the sources of the St. Louis, or Mississippi, under the name of the Government of Louisiana, as a part of his pos- sessions, though Spain had never ceded her title to France ; on the authority, according to Messrs. Pinckney and Monroe, of the discovery made by the French of the upper part of the river, as low down as the Arkansas in 1673, and to its mouth in 1680, and of a settlement upon the sea coast in the bay of St. Bernard, by La Salle, in 1685. (British and Foreign State Papers, 1817-18, p. 327.) It was in reference to this settlement that the princi- ple of the possession of the coast entitling to the possession of the interior country, had been pro- l)ounded to Spain on the part of the United States. But if we examine this principle in its applica- incoi tion, we shall find it lead to very great inconveni- apply ences. In the case of the Columbia River itself, *'.'V'" Mr. Rush claimed the whole of the north-Avest coast, as far north as the 51st i)arallel of north ■:•':" ^ ivc- lucncc in injr prill- F r ■'•• • ' -f ,1 I '3. li^^ 284 THE COLUMBIA RIVER. latitude, because the north branch of the river rises in that latitude. But the mouth of Frazcr's River is in 49° N.L., so that the discoverer of the mouth of Frazer's River would be entitled to the coast above the 49th parallel, unless Mr.Greenhow means to confine the application of his principle to what is strictly the valley of the river, and this would be to make the headlands, as before remarked, the lines of territorial demarcation. This certainly would be an intelligible rule, whilst any other interpretation of his meaning would lead to an end- conflict of less conflict of titles. For otherwise, as observed, titles. the discoverer of the mouth of Frazer's River would clash with the discoverer of the mouth of the Columbia River, as Frazer's River extends from 54° 20° to 49°, and the discoverer of the Salmon River, which rises in about 53°, and, after pursuing a northward course, empties itself into the sea a little below 54°, would clash with the dis- coverer of the mouth of Frazer's River. Mr. Rush's principle seems to assume that all the main rivers of a country pursue a parallel course, and that all the great valleys and mountain ranches are conformable, which however is not the case. Thus the Columbia, after following for some time, ill a southward direction, a parallel course to Fra- zer's River, is suddenly turned aside to the west by the Blue Mountains, which it meets in about 46° N.L., and arriving at a gap in the Cascade range, finds its way at once to the sea along that parallel, instead of forming a great lake between the Cas- cade and Blue Mountains, and ultimately working its way out where the Klamet at present empties The Co- liiinhia River. ll. DERIVATIVE TITLE OF THE UNITED STATES. 285 irallel, Cas- itself into tlie Pacific. ]Mr. Rush's principle, there- fore, does not seem to recommend itself by its con- venience ; but, assuming for a moment that it is a recognised principle of international law, that a " nation discovering a country by entering the mouth of its principal river at the sea coast, must necessarily be allowed to claim and hold as great an extent of the interior country as was described by the course of the principal river and its tribu- tary streams," the United States would only be entitled to the valley of the Columbia River, to the y"",^/*'^ J ' the l.oliiin- country watered by the river itself, and its tribu- 1*""»- taries : it could not claim to come across the Cas- cade range on the northern side of the Columbia, to cross the highlands which turn off the waters on their eastern side into the Columbia, and on their western side into Admiralty Inlet; yet, by virtue of the first entrance by Gray of the mouth of the Columbia River, the United States claim, " in their own right, and under their absolute and exclusive sovereignty and dominion, the whole of the country west of the Rocky Mountains, from the 42d to at least as high up as the 51st degree of north latitude." Such were the grounds on which the original Derivative title of the United States was set up ; her derivative title on this occasion was founded upon the cession of the title of Spain by the Treaty of Washington. In support of the Spanish title, Mr. Rush alleged that " Russia had acknowledged it in 1790, as the State Papers of the Nootka Sound controversy would show. But the memorial of the Court of Spain simply states, that in reply to the remon- >_■• t. if i'- K ■'. -.' ■?■.;> 286 RUSSIAN ENCROACHMENTS. Russian encroacli mcnts. 2=4- - ■ •■■nr strancc of Spain against the encroachments of Russian navigators within the limits of Spanish America (limits situated within Prince William's Strait), Russia declared " that she had given orders that her subjects should make no settlement in places belonging to other Powers, and that if those orders had been violated, and any had been made in Spanish America, she desired the King would put a stop to them in a friendly manner." (Annual Register, 1790, p. 295.) But Russia did not ac- Riissian knowledge the limits of Spanish America, as set up stateincnts. by Spain ; on the contrary, we find M. de Poletica, the Russian Minister at Washington, in his letter to Mr. Adams of the 28th February 1822, distinctly asserting that Russian navigators had pushed their discoveries as far south as the forty-ninth degree of north latitude in 1741, and that in 1789 there were Russian colonies in Vancouver's island, which the Spanish authorities did not disturb, and that Van- couver found a Russian establishment in the Bay of Koniac. (British and Foreign State Papers, 1822- 23.) Vancouver himself states, that he found a settlement of about one hundred Russians at Port Etches, on the eastern side of Prince William's Sound, and M. de Poletica, in his negotiations wdth Mr. Adams, maintained the authenticity of the statement in the two official letters preserved in the Archives of the Marine at Paris, which report that in 1789 Captain Haro, in the Spanish packet St. Charles, found a Russian settlement in the latitude of 48° and 49°. (State Papers, 1825-26, p. 500.) Fleurieu, the French hydrographer, con- siders these numbers to be erroneous, and that 58° f ! . , .. ■ I, - IIUSSIAN AMERICAN COMPANY. 287 itn American and 59° ought to be read ; but he gives no other reason than that the English traders had fully ascertained that the Russians had no establishment to the south of Nootka Sound, which is between 49 and 50 degrees. So far, at least, were the Russians from practically recognising the title of Spain up to 60° north latitude, that in 1799 the Emperor Paul granted to the Russian American Russif Company the exclusive enjoyment of the north-west cwn[)':my. coast as far south as 55° north lat., in virtue of the discovery of it by Russian navigators, and au- thorised them to extend their discoveries to the south of 55°, and to occupy all such territories as should not have been previously occupied and placed under subjection by any other nation. (Greenhow, p. 333.) It was further urged by Mr. Rush, that Spain had expressly asserted in 1790, that her territories extended as far as the 60th degree of north latitude ; and that she had always maintained her possessions entire, notwithstanding attempted encroachments upon them. This, how- ever, was not admitted by the British Minister at the Court of Madrid: moreover, it was by im- plication denied in the very first article of the treaty, by which it was stipulated that the buildings and tracts of land on the north-west coast of America, or on islands adjacent to the continent, of which the subjects of his Britannic Majesty had been dispossessed about the middle of April 1789, by the Spaniards, should be restored to the said British subjects. Again, it was contended by Mr. Rush, that " any claim on the part of Great Britain, under the voyage of Captain Cook, was t.» 'N.' .y.,^r. r.». :\i? '^ 1 ■ S "^1^ >l :^ /. ■' , .'i '•■'■' , . VJ, •-,' v-l , '*I . *• ^ , * , . V' 1 ' ■-.'■ ,- -If ■■f I'-f.. ' '".■■■' Lonl Stowell. 288 DISCOVERIES MUST BE NOTIFIED. sufficiently superseded (passing by every thing else) by the Journal of the Spanish expedition from San Bias, in 1775, kept by Don Antonio Maurellc, and published by Daines Barrington, a British author," in his Miscellanies. It is, however, quite a novel view of the law of nations, that a clandestine dis- covery should be set up to supersede a patent dis- covery, notified to all the world by the authoritative publication of the facts. Thus Lord Stowell, in the case of the Fama (5 Robinson's Reports, 115.) says, " In newly-discovered countries, where a title is meant to be established for the first time, some act of possession is usually done, and proclaimed as ^l^u\r^^t,Z ^ notification of the fact. In a similar manner, in tification. the casc of derivative title, it is a recognised rule of international law, that sovereignty does not pass by the mere words of a treaty, without actual de- livery. When stipulations of treaties," observes Lord Stowell, " for ceaing particular countries are to be carried into execution, solemn instruments of cession are drawn up, and adequate powers are formally given to the persons by whom the actual delivery is to be made. In modern times more especially, such a proceeding is become almost a matter of necessity, with regard to the territorial establishments of the states of Europe in the New World. The treaties by which they are affected may not be known to them for many months after they are made. Many articles must remain executory only, and not ex- ecuted till carried into effect; and until that is done by some public act, the former sovereignty must remain^ In illustration of the practice of na- tions being in accordance with this principle, tluit V '-\ •■'.'■ CONVENTION OF THE I'SCUIUAL. 289 in eminent judge cited the instances of the cession of Nova Scotia to France in 1G67, of Louisiana to Spain in 1762, and of East Florida to Spain in 1803, in all of which cases the sovereignty was held not to have passed by the treaty, but by a subsequent formal and public act of notification. Claims of territory are claims of a most sacred nature, and, as as the case of vacant lands, a claim of discovery by one nation is to supersede and extinguish thence- forward tlie rights of all other nations to take pos- session of the country as vacant, the reason of the thing requires that the newly-acquired character of the country should be indicated by some public act. Thus Mr. Greenhow (p. IIG.) observes, that the Government of Spain, by its silence as to the re- sults of the expedition of Perez in 1774, deprived itself " of the means of establishing, beyond ques- tion, his claim to the discovery of JN^ootka Sound, which is now, by general consent, assigned to Captain Cook." In this conference, the Convention of the Escurial, Convention or, as it was termed, the Nootka Sound Convention, "i.rill was introduced by Mr. Rush, in accordance with the express instructions of the United States Go- vernment. Mr. Greenhow seems to consider that this was an impolitic step on the part of the United States, as they thereby admitted it to be a subsisting treaty. Mr. Rush certainly maintained that the convention contained recoqnitions of rights, such as li^^^cogni- the exclusive colonial rights of Spain, but he Vigius. further contended that, " whilst, by it, the nations of Europe generally were allowed to make settle- ments on that coast, it was only for tite purposes of u V ■ / ^ ' t ■■'■•■ ''H :'■:'■ ■ ■ ■^^ J'f- ri .y ■, ' \ ■■}'■ ;.;> "' \ '■f;-">'.' ';'.' ■■ ■ ■■:'! ; ■>' • '■*; ■'." ■(;' ■? '^0:: m'-kC- - .::t ■i ^ M-i i - *»■ f' i-'- .: -^ m ^f % ! '■■ .'"'■ . •>■ 3 ' i .. ■ /J i:- ^■'^'^i': •f ■ :-v,' ; ^' ; r V'-,' ,* ■.''V, ,. 7P. •- :^: J '/''■''■ iV ■ Ti ,■3^ ''P:' 1 ' '*■■ '^t ' '\' ' ■ ■ % ■■''^' ,•■ »;''^'- ••1 '■■■., ' '••^!: ' 1' ■ ' i '■ ■ . ■• » ''■. ;;. . ■ 'f» ■('■■ ■; .. ■ .- ■": V , '"' ' v'v.;, .■ '•'< ' •>"•::;.' ■, '■(■'' iP - -i] !■'•'•': 1 ''■• ' ' ' '-''• 1 ■ i*, • .< I t 1 ■' ■.',•■1 290 SETTLEMENTS NOT MERE TllADING POSTS. the trade with the natives, thereby excluclirg the right of any exckisive or colonial establishments for other purposes." To the same purport Mr. Green- how (p. 340.) in a note says, " The principles settled by til e Nootka Sound Convention were : — '' 1st. That the rights of fishing in the South Seas ; of trading with the natives of the north-west coast of America ; and of makinif settlements on tite coast itself, for the purposes of that trade, north of the actual settlements of Spain, were common to all the European nations, and of course to the United States." This view, however, of the purport of the Con- vention of the Escurial, falls short of the full bearing of the 3rd article, which is the one alluded to ; by which it was agreed, "that their respective subjects shall not be disturbed or molested, either in navi- gating or carrying on their fisheries in the Pacific Ocean, or the South Seas, or in landing on the coasts of those seas, in places not already occupied, for the purpose of carrying on their commerce with the natives of the country, or of making settlements there." There is no restriction here as to the object of the settlement : on the contrary, the making set- tlements is specified as distinct from the landing on the coast for the purposes of trade. It is obvious that, if the intention of the framers of the convention had been such as asserted by Mr. Rush, they would have worded the article otherwise, viz. " or in landing on the coasts of those seas, or in making settlements there, in places not already occupit:!^ for the pur- pose of carrying on their commerce with the natives of the country." The argument, therefore, advanced MEMORIAL f)F SPAIN. 291 pur- by Mr. Rush, must, upon the face of the words of it, be held to give an imperfect view of the riglits mutually acknowledged by the Treaty of the Escurial. But the meaning of the word "settlement" in the treaty will be obvious, if either the antecedent facts, or the antecedent negotiations, are regarded. In the memorial of the Court of Spain (.Vnnual Register, 1790, p. 295.), it is stated, that before the -^r^K'nai ~ ' ■ i /' ' of tliuC'ourt visit of Martinez to Nootka, Spain did not know of Spain, that the English had endeavoured to make fiCttlements on the northern parts of the Southern Ocean, though she had been aware of trespasses made by the English on some of the. islands of those coasts. Martinez, on arriving at Nootka, had found two American vessels (the Columbia and Washing- ton), but as it appeared from their papers that they -were driven there by distress, and only came in there to relit, he permitted them to proceed upon their voyage. " He also found there the Ijihigenia from Macao, under Portuguese colours, which had a passport from the Governor; and though he (the captain) came manifestly with a view to trade there, yet the Spanish Admiral, when he saw his instructions, gave him leave to depart, upon his signing an engagement to pay the A^alue of the vessel, should the Government of Mexico declare it a lawful prize. " With this vessel there came a second (the North-west America), which the Admiral detained and a few days after a third, named the Argonaut, from the above-mentioned place. The captain (Colnett) of this latter was an Englishman. He came not not only to trade, but brought every thing u 2 ri I . ■.'<'j it' ♦ ' '■' " !>>, (' I 1 I-- •4 ! • . ..1 t'i'"t; 202 Colnutl's instruc- tions. . it: ' COLNETT'S INSTllUCTIONS. ■vvitli him proper to form a .settlement there and to fortify it. This, notwithstanding the remonstrances of the Spanish Admiral, he persevered in, and was detained, together with his vessel. "After him came a fourth English vessel, named the Princess Royal, and evidently /or the eanie pur- poses. She likewise was detained, and sent into Port St. Bias, where the pilot of the Argonaut made away with himself." What these purposes were, is more fully shown from the letter of instructions which Capt. Colnett carried with him, and which is to be found in the Appendix to Meares' Voyages, having been annexed to Meares' Memorial. " In planning a factory on the coast of America, we look to a solid establishment^ and not one that is to be abandoned at pleasure. We authorise you to fix it at the most convenient station, only to place your colony in peace and security, and fully protected from the fear of the smallest sinis- ter accident. The object of a port of this kind, is to draw the Indians to it, to lay up the small vessels in the winter season, to build, and for other commercial purposes. When this point is effected, different trading houses will be established at stations, that your knowledge of the coast and its commerce point out to be most advantageous." That the avowed object of Capt. Oolnett's ex- pedition was in conformity with these instructions is confirmed by the letter which Gray, the captain of the Washington, and Ingraham, the mate of the Columbia, both of them citizens of the United States, addressed to the Spanish commandant ,».«"■ \k'-- (iUAY AND INUltAUAM S STATEMENT. 203 >> from Nootkii Sound in August 3. 1792, and which ]\Ir. Grconhow has published in " s Appendix f-'^iy and (p. 41b.): — It seems Captam Aieares, with some statement. other Englishmen at Macao, had concluded to erect a fort and settle a colony in Nootka Soiuid ; from what authority we cannot say. However, on the arrival of the Argonaut, we heard Captain Colnett inform the Spanish commodore he had come for that purpose, and to hoist the British flag, take formal possession, &c. ; to which the commo- dore answered, he had taken possession already in the name of his Catholic Majesty ; on which Capt. Colnett asked, if he would be prevented from building a house in the port. - The commodore, mistaking his meaning, answered him he was at liberty to erect a tent, get wood and water, &c., after whicii, he was at liberty to depart when he pleased; but Capt. Colnett said, that was not what he wanted, but to build a block-house, erect a fort, and settle a colony for the Crown of Great Britain. Don Estevan Jose Martinez answered. No ; that in doing that, he should violate the orders of his king, run a risk of losing his com- mission, and not only that, but it would be relin- quishing the Spaniards'' claim to the coast; besides, Don Martinez observed, the vessels did not belong to the King, nor was he intrusted with powers to transact such public business. On which Capt. Colnett answered, he was a king's officer : but Don Estevan replied, his being in the navy was of no consequence in the business." The authorised Spanish account in the Introduc- Authorized tion of the Voyage of Galiano and Valdes (p. cvii. ), count. u 3 V,'. ■:;>;■ ..'■■i'; ■1 ■ '.'V. ^.'' »;av' ,, ■^^J^ .r ,■': r^«-! i .0; - 1. t ;■ ■'■;'•: »■ , t L •.' ;. '■ ■'( *>,5' i .. ' . ■■> 204 AUTIKtKISEl) SPANISH ACCUlNT. is in perfect harmony witli the contemporaneous American statement. Mr. Greenhow has quoted a portion of it in a nucc to his work (p. 107.), which may be referred to more conveniently than the Spanish original, of which the following is a translation : — " There entered the same port, on the 2d of July, the English packet-boat Argo- naut, despatched from Macao by the English Com- pany. Her captain, James Colnett, was furnished with a license from the King of England, autho- rising him (iba autorizado con ordenc:' des Key) to take possession of' the Port of Nooika^ to for- tify himself in it, and to establish a factory for storing the skins of the sea-otter, and to preclude other nations from engaging in that trade, with which object he was to build a large ship and a schooner. So manifest an infringement of ter- ritorial rights led to an obstinate contest between the Spanish commandant and the English captain, which extended to Europe, and alarmed the two Powers, threatening them for some time with war and devastation, the fatal results of discord. Thus a dispute about the possession of a narrow terri- tory, inhabited only by wretched Indians, and distant six thousand navisrable leagues from Europe, threatened to produce the most disastrous consequences to the whole world, the invariable result, when the ambition or vanity of nations in- tervenes, and prudence and moderation are wanting in contesting rights of proj^erty." Spain, at the commencement of the negotiations, expressly required through her ambassador at the Court of London, on February 10. 1790, "that SHTTLKMliNT K' 'll VALKNT TU CUl.oNY. Dions, tlic pju'tios Avlio luul ])laiiiie(l these cxpcditioiiis should be [)iniish('cl, in order to deter others for Hia/iiih/ scfflctnents <»i terrltor'u's occupied and frequented by the Spaniards for a nmnber of years." (Jreat Britain, in undertaking that her subjects should not act against the just and acknowledged rights of Spain, maintained for them an indisput- able right to the enjoyment of a free and uninter- rupted navigation, commerce, and fishery, and to the possession of such estciblislunents as they sliould form with the consent of the natives of the country, not previously occupied by any of the European nations. The word "establishment" here made use of is synonymous with " settlement," etablissement being the expression in the French version of tlie treaty wherever settlement occurs in the English version. Both these terms have a recognised meaning in the language of treaties, of a far wider extent than that to which ^h\ Rush sought to limit the language of the Convention of the Escurial. In the convention itself the Settlement word " settlement" is applied, in the 4tli article, to S co^o'ny. the Spanish colonies ; in the 5th, it is applied to the parts of the coast occupied by the subjects of either Power since 1789, or hereafter to be oc- cupied ; in the Gth, to the parts of the coast which the subjects of both Powers were forbidden to occupy. There is nothing in the context to war- rant the supposition that the usual meaning was not to be attached to the word "settlement" on this occasion, namely, a territorial settlement, such as is contemplated in the 3d article of the Treaty of 1783: "and that the American fishermen shall u 4 v.» ', * 'I , > -3< li^: It'. •;.,( 'V' '^ .'. 2I)() langi:agk uk i iiaktkhs. liavo liberty to dry jind cure fish in any of the iinsL'ttled bays, harbours, and creeks of Nova Scotia, i\higdalen Islands, so lon«^ as the same shall remain unsettled : but so soon as the same, or either of them, shall be settled^ it shall not be lawiul for the said fishermen to dry or cure fish at such settle- ment without a previous agreement with tlie inha- bitants, proprietors, or possessors of the [/round. In the same maimer, during the negotiations of 1818, the settlement at the mouth of the Columbia Jiiver was the term applied by Mr. Rush to Astoria. During the discussions between Spain and the United States prior to the Florida Treaty, the settlement in the l>ay of St. Bernard, is the appella- tion given to the French colony of La Salle ; and in Crozat's grant the word etablissemens is similarly employed. That " settlement" is not the received expression in the language of diplomatists for temj)orary trading stations, may be inferred Treaty of from a siugle iustaucc in the Treaty of 1794, by the second article of which it was provided, — " the United States, in the mean time, at their discretion extending their settlements (leurs etablissemens) to any port within the said boundary line, except within the precincts or jurisdiction of any of the said posts. All settlers and traders within the said posts (tons les co\!ns et commergans etablis dans I'enceinte et la jurisdiction des dites postes) shall continue to enjoy unmolested all their pro- perty of every kind, and shall be protected therein." One instance more will suffice. Treaties must be construed in accordance with the received and ordinary meaning of the language, unless LANGUAUl': OF TUKATILS. 2[)7 pro- othorwiso spocified, especially when it is sought to sittaeh an unusual sense to any particular term, wliieli sense is ordinarily expressed hy some other ■vvell-known term. Thus, the 1 Ith article of the '/,'":''>■ "*" ' runs. Treaty of l*aris serves to show, that a station exclusively for the jjurposes of trade with the natives is not termed a settlement, or ifahUssc- 7)ie)it, but a factory, or coinptoir. " In the Kast Indies Great J>ritain shall restore to France, in the conditions they are now in, the different fdcto- ries (les difFerens comptoirs) which that crown possessed, as well on the coast of Coromandel and Orisca as on that of Malabar, as also liengal, at the beginniufj; of the year ITIO." (Jenkinson's Collection of Treaties, vol. ii. p. 185.; Martens' Traites, i. p. 112.) In remarkable contrast to this we find in the Commer- convention of commerce between Great Britain ot'i si 5. ' ^ and the United States, signed at London, July 3. 1815, the following words in the third article: — " His Britannic Majesty agrees that the vessels of the United States of America shall be admitted and hospitably received at the principal settle- ments of the British dominions in the East Indies, viz., Calcutta, Madras, Bombay, and Prince of Wales' Island, and that the citizens of the said United States may freely carry on trade between the said principal settlements and the said United States." In ihis latter case it is no longer trad- ing ports, but territorial establishments which are spoken of, and the word settlements is distinctively applied to them. i.. '' m''^ i 208 :^r i.-V'v'. ■ ' ,"■•■ IV;: ■ • '■■•Ji'. ■»■'.' ,' ( ';■;■ ' '■ ^'■!;:':-. ^,:^ :■ CHAPTER XVI. NEGOTIATIONS BETWEEN THE UNITED STATES AND GREAT BRITAIN IN 1826-27. Revival of Negotiations. — Written Statements of respective Claims. — The United States. — Great Britain. — Rights supposed to be de- rived from the Acquisition of Louisiana. — Jefforys' French America. — Cession of Canada. — The Illinois Country. — Treaty of Utrecht. Treaty of Taris. — French Maps. — Charters. — Declaration of Court of Fi'ance in 1761, as to respective Limits of Canada and Louisiana. — Contiguity of Territory. — Hudson's Bay Territories. — Atlantic Colonies. — Cession by France of the left Bank of the Mississippi. — Mi\ Gallatin's Doctrine of Contiguity. — Assumptions not admissible. — Claim to an exclusive Title by Contiguity. — Argument from Numbers. — Derivative Title from Spain. — Mean- ing of the "Word " Settlement " in the Treaty of the Escurial. — Mr. Gallatin's Doctrine respecting "Factories." — Intermixed Settle- ments not incompatible with distinct Jurisdiction. — The Convention contained a mutual Recognition of Riffhls. — General Law of Na- tions may be appealed to as supplementary to the Treaty. — Priority of Settlement. — Vattel. — Territory in use never granted for the Purpose of making Settlements. — Treaty of Paris. — Usufructuary Right. — Settlements not to be disturbed. — Territory in chief not reserved. — Convention of 1827. ■-■■»■;:■. ■ ■i" Revival of TiiE subject of a definitive arranf^ement of the negotia- . , . ^ , . , tions. respective claims ol the two nations to the country west of the Rocky Mountains, the sovereignty over which had been placed in abeyance for ten years by the Convention of 1818, was once more revived in 1826, on the arrival in London of Mr. Gallatin, with full powers from the United States to resume the discussion. The British commissioners renewed NEGOTIATIONS IN i(S2G-27. 21)1) :S AND Claims. — to be de- i America, f Utrecht, iration of iiada and erritories. nk of tbe sumptions iguity. — — Mean- curlal. — 3d Settle- mvention w of Na- -Priority id for the fructuary chief not of the 3untry y over years svived llatiii, esume iiewed tlieir former proposal of a boundary line drawn along the 49tli parallel from tlie liocky Mountains to M'Gillivray's River, the north-eastern branch of the Columbia, and thence along that river to the Pacific Ocean, and subsequently " tendered in the spirit of accommodation the addition of a detached territory on the north side of the river, extending from Bulfinch's (Gray's or Wliidbey's) Harbour on the Pacific, to Hood's Canal on the Straits of Fuca. Mr. Gallatin, on his part, confined himself to the previous ofier of the 49th parallel to the Pacific, with the free navigation to the sea of such branches of the Columl)ia as the line sliould cross at points from which they are navigable by boats. The claims of the two nations were on this occasion formally set forth in written statements, and annexed Written 1 . ^ ^ statements. to the protocol ot the sixth and seventh conterences respectively. They were published with President Adams' Message to Congress of December 12. 1827, and are both inserted in full in the second edition of Mr. Greenhow's History, lately published. The British statement alone was published in his first edition, but the United States counter-statement, a very able paper, which was a great desideratum, has been annexed to the second edition. It is much to be regretted that so interesting a collection of state papers as the documents of Con- gress contain, are almost inaccessible to the European reader, since a complete collection is not to be met with in any of our great public libraries in England or France — those of the British Museum, for ex- ample, and of the Chamber of Deputies, having been in vain consulted for this purpose. It was intended v'vW . ■/■' ■ 'M ¥■ m 1 ' <•: '■ ■ \ r ■ , '• '•'.'". '■ /■' \ V •, ,. 'i'l ■ ., * -H ■i*''". ' ']', '■ ■ '-i' . "t "' 1 V' .■ |& i '?..■■' y^ : ';, ,^,, ; -^i. J *- . ■ ' . ■■:% s't;;"'- , ■ '-t i'/-.!-,' ■■•^ ;n <■•" ■ '% u>- ■:::1 ; 'lit. . .^ .['■''.,■ ■ fl "l •» ij ■ ,;-?■ I-;'^^. .:';■■.' . ' *>>j' 1 f ■ ^^ •■.■ • "*.■ 't*' .,' : i ■ ;•!' 300 -> • \ ■ ■ ■ , i . •{ '>'■■■* . ■■). ' , ■ ■ ■"^^ ' ' '"', '' ■•-vi; ' '!. >t i 1 *. ; '■«/.' .;f « •-■ ,• - . !, ..Ml The United States. Mil. Gallatin's statement. to annex both the written statements on this occa- sion in an Appendix to the present work, but the recent publication of the negotiations of 1844-5, has rendered this step unnecessary. On this occasion Mr. Gallatin grounded the claims of the United States — first of all upon their acqui- sition of Louisiana, as constituting a strong claim to the westwardly extension of that province over the contiguous vacant territory, and to the occupa- tion and sovereignty of the country as far as the Pacific Ocean ; and, secondly, on the several disco- veries of the Spanish and American navigators. These distinct titles, it was maintained, " though in different hands they would conflict with each other, being now united in the same Power, supported each other. The possessors of Louisiana might have contended, on the ground of contiguity, for the adjacent territory on the Pacific Ocean, with the discoveries of the coast and of its main rivers. The several discoveries of the Spanish and American navigators might separately have been considered as so many steps in the progress of discovery^ and giving only imperfect claims to each party. All these various claims, from whatever consideration derived, are now brought united against the preten- sions of any other nation." "These united claims," it was urged, "esta- blished a stronger title to the country above described, and along the coast as far north, at least, as the 49th parallel of latitude, than has ever, at any former time, been asserted by any nation to vacant territory." The British commissioners, Messrs. Huskisson ' -i i: this occa- c, but the f 1844-5, the claims leir acqui- ong claim nnce over le occupa- far as the sral disco- avigators. though in ach other, supported na might ty, for the with the '"ers. The American onsidered very^ and 'ty. All ideration le preten- d, "esta- ly above I, at least, J ever, at lation to luskisson ACQUrSITION or LOUISIANA. 301 and Addington, on their part, maintained that the titles of the United States, if attempted to be com- bined, destroyed each other — if urged singly, were imperfect titles. Great Britain claimed no e.vdu- {j^,, sive sovereignty over any portion of the territory. As for any exclusive Spanish title, that was defini- tively set at rest by the Convention of Nootka, and the United States necessarily succeeded to the limitations by which Spam herself was bound. In resj)ect to the French title, Louisiana never extended across the Rocky Mountains westward, unless some tributary of the Mississippi crossed them from east to west ; but assuming that it did even extend to the Pacific, it belonged to Spain equally with the Californias, in 1790, when she signed the Conven- tion of Nootka; and also subsequently, in 1792, when Gray first entered the mouth of the Columbia. If then Louisiana embraced the country west of the Rocky Mountains, to the south of 49°, it must have embraced the Columbia itself, and consequently Gray's discovery must have been made in a country avoAvedly already appropriated to Spain ; and if so appropriated, necessarily included, with all other Spanish possessions and claims in that quarter, in the stipulations of the Nootka Convention." As the rights supposed to be derived from the Acquisi- acquisition oi Louisiana were on this occasion tor Louisiana. the first time set up by the United States, and formed a leading topic in Mr. Gallatin's counter- statement, their novelty, as well as the important consequences attempted to be deduced from them, entitled them to precedence in the order of inquiry over the derivative Spanisli title, and the original v:( \'-\\- m rs;- ■ 't'^-:- ■ -5 '■'.» W^^ t. ' ' S 4 i-!. • 302 Xi:Vv' FKAXC'E. title of the United States, the more so, as the two latter have been already hi'iefly examined. It would seem that Mr. Gallatin did not attempt to extend the boundaries of the colony of J^ouisiana, beyond the valley of the ^Mississippi and its tributa- ries. Crozat's grant would of itself be evidence against any extension of the French title in this respect. But he contended, that " by referring to the most authentic French maps, New France Avas made to extend over the territory drained by rivers entering into the South Seas. The claim to a Westward- wcstwardly extension to those seas was thus early Iio\iiiT' asserted, as part, not of Louisiana, but of New Fr*aTicc Fraucc. The King had reserved to himself, in Crozat's grant, the right of enlarging the govern- ment of Louisiana. This was done by an ordon- nance dated in the ye^r 1717, which annexed the Illinois to it, and from that time, the province ex- tended as far as the most northern limit of the French possessions in North America, and thereby west of Canada or New France. The settlement of that northern limit still further strengthens the claim of the United States to the territory west of the Rocky Mountains." The meaning of this passage is rather obscure, but it seems to imply, that by the annexation of the Illinois the province of Louisiana was extended to the most northern limit of the French posses- sions in North America, and thereby cut off the western portion of Cantida or New France, and so consequently extended itself to the South Seas. If this be the correct view of the argument, then it may be confidently asserted, that neither of these ■f.i 'rii 5 the two ned. It tempt to lOuisiana, i tributa- evicleiice e in this erring to ance was by rivers dm to a lus early of New tnself, in i govern- in ordon- exed the ince ex- t of the hereby ttlement lens the west of obscure, ation of xtended posses- off the and so eas. If then it f these JKrFEUYS' FRKNCII AMElUf'A. 303 positions can be established. In the first place, Crozat's grant, on which the United States ex- pressly and formally relied in the negotiations with Spain, defined the country of Louisiana to be^^'^y"""' bounded on the west by New Mexico, on the east Louisiana. by Carolina, and northwards to comprise the countries along the River St. Louis (Mississippi) from the sea-shore to the Illinois, together with the River St. Philip, formerly called the Missouries River, and the St. Jerome, formerly called Wabash, with all the countries, territories, lakes in the land, and the rivers emptying directly or indirectly into that part of the river St. Louis. The words of the grant, if strictly interpreted, limit the province on both sides of the Mississippi to that part from the sea shore to the Illinois^ as both the Missouri and the Wabash (Ohio) unite with the Mississippi below the Illinois. But it seems to have been practically held, that Louisiana extended along the western bank of the Mississippi to its source. Thus we find in JefFerys' History of the French Domi- JefTorys' . . . . . French nions in America, published in 1760, Louisiana America, thus described : — " The province of Louisiana, on the southern part of New France, extends, accord- ing to the French geographers, from the Gulf of Mexico in about 29° to near 45° north lat. on the western side, (the sources of the Mississippi being- laid down in JefFerys' map in about 45°), and to near 39° on the eastern, and from 86° to near 100° W. longitude from London. It is bounded on the north by Canada, on the east by the British colo- nies of NeAV York, Pennsylvania, Maryland, Virginia, North and South Carolina, Georgia, and by the \i : ... ■'I , -I . ' * ' • V ■ '■■*.'■'. 'i vV: 4k ill > li>^'' r^:-'; J t >■.<;/•■ • ■ *' i'::i" .. U;.'.' . I ■f^'?.*- ■ J, It':'' ., i. .1 k:^: , 1 y.'> 1|. ■■ \kt' ii?) j The Illi- nois coun- try. 30-1- THE ILLINOIS COUNTRY. peninsula of Florida ; on the south by the Gulf of Mexico ; and lastly, on the west by New Mexico." This description evidently omits the Illinois, but the annexation of the Illinois in 1717, did not give to the province of Louisiana the indefinite extent northward which Mr. Gallatin suggests, for the Cession of Marquis de Yaudreuil, in ceding the province of Canada to Sir J. Amherst, in 1760, according to his OAvn letter, (Annual Register, 17G1, p. 168.), expressly described Louisiana as extending on the one side to the carrying-place of the Miamis, and on the other to the head of the river of the Illinois. The Illinois country itself was a limited district, watered by a river of that name, which had been so called from an Indian nation settled on its banks. This tribe or nation was said to have migrated from the west, along the banks of the Moingona (the Riviere des Moines), down to its junction with the Mississippi : it had then established itself a little lower down on the eastern side of the Mississippi, in an exceedingly fertile valley, watered by a tributary of that river, to which it gave its own name of Illinois. The French settlement was in this district, according to Jefferys: its commodious situation enabled it to keep up the communication between Canada and Louisiana, and the fertility of the soil rendered it the granary of Louisiana. It may be perfectly true that Illinois was the most northern limit of the French possessions in North America, if by the term possessions is meant the territory in which they had made settlements; but if the term is intended to include the territory in which «-■ ■•(. . « ;. '. Gulf of Mexico." lois, but not give e extent for the evince of rding to p. 168.), g on the mis, and Illinois. district, lad been ts banks, migrated loingona ion with If a little sissippi, 3d by a its own district, ituation between the soil maybe orthern Lmerica, erritory if the 1 which INDIAN RESEI^VKS. ;i()5 tht V claimed a right to found settlements, the state- ment would not be correct. By the Treaty of Utrecht, the British had pre- 'i]*-<'-'^y •>'" eluded themselves from passing over the limits of the territory of the bay of Hudson, and all the country south of those limits would be considered amongst " the places appertaining to the French," in other words, would be part of New France. But the southern boundary of the Hudson's J>ny territory would be much to the northward of the Illinois country ; the intermediate district, it is true, was peopledwith various Indian tribes, but the French, as against Great Britain, by the Treaty of Utrecht, had an exclusive title to the country. By the Treaty of Treaty of Paris in 1763, that title passed fromFrance to Great Britain, and in pursuance of the rights so acquired by the crown of England, a proclamation was issued, reserving to the Indians, as hunting grounds, all the territories not included within the government of Quebec, or the limits of the territory granted to the Hudson's Bay Company, and enjoining all persons whatever, who should have seated them- selves in them, to remove forthwith from such settlements. (Annual Register, 1763, p. 212.) It would thus appear, if New France ever extended across the continent of America to the Pacific Ocean, the portion of it north of the sources of the Mississippi, and of the Illinois River, passed into the hands of Great Britain, on the ratification of the Treaty of Paris. The claim, however, to the westwardly extension of New France to the Pacific Ocean, requires some better evidence than the maps of the French geographers. A map can French maps. X I'v 306 ''■■• ' u . k'!'- y "■• ■ \ \ ,('.'.,•; >' ■■ .:''*, "■ ^i ' -''' '«■• ■i ,; ^ "' ^ • , »!,'*':■ . '-rt.',- } V * r/;''- ;• r^ 'i-^-' .■ ,i'« 1* !l ' '/ ,'. • !• V. ":v: '^,: ■: *■'.' . ■ i" » '■''"■,■'. ■ ■!4> '; i^'.r >;'*; .■ -"■Vll i ' 'y>'' l-^v'* ■■",V ■ .■ ■ ■ ■ 1 ■ J '/';'. 1 I r Charters. ' it ' FRENrir MAPS. furnish no proof of territorial title : it may illus- trate a claim, but it cannot prove it. The proof must be derived from facts, which the law of nations recognises as founding a title to territory. Maps, as such, that is, when they have not had a special character attached to them by treaties, merely represent the opinions of the geographers who have constructed them, which opinions are frequently founded on fictitious or erroneous state- ments : e. g., the map of the discoveries in North America, by Ph. Buache and J. N. de Lisle, in 1750, in which portions of the west coast of America were delineated in accordance with De Fonte's story (supra, Ch. IV.), and the maps of north-west America at the end of the seventeenth and beginning of the eighteenth centuries, which represent California as lately ascertained to be an island. An examination of the collection in the King's Library at the British Museum, will remove all scepticism on this head. Such documents are entitled, of themselves, to far less consideration from foreign Powers, than the charters of sove- reigns. These, indeed, may be binding on the subjects of the sovereigns by their own inherent authority, but against other nations, they nmst be supported expressly, on the face of them at least, by some external authority, which the law of nations acknowledges. Thus, we find generally the title of discovery recited in the preamble of charters ; it is, however, competent for other nations to dispute this title, or to dispute the extent to which the grant goes. The charter of Carolina and Georgia, elsewhere recited, will furnish a case in ujy:f. z'-J^m "-:•( FHI'NCil nECLAUATlON. 307 ly illus- he pi'oof law of erritory. ot had a treaties, graphers ions are us state- in North Liisle, in coast of svith De maps of enteenth s, which to be an [i in the remove ents are deration of sove- on the nherent nmst be it least, law of enerally mble of nations :tent to ina and case in point. Tn these the grant extends westward to the South Seas, but this would convey no title to the settlers against the French, who barred the way to the South Seas by their settlements in Louisiana, and who would dispute the asserted claim, so that the charters would be inoperative in their full extent. But when Mr. Gallatin stated, that from the ordonnance of 1717 the province of Louisiana extended as far as the most northern limit of the French possessions in North America, and thereby west of Canada or New France, he has probably overlooked the words of the ultimatum of the Court of France, of the 5th August 1761, remitted by ^V'""''"^':' the Due de Choiseul to Mr. Stanley, the British nci. plenipotentiary, in the course of the negotiations in that year after the surrender of Canada : — " The King of France has, in no part of his memo- rial of propositions, affirmed that all ivhich did not belong to Canada appertained to Louisiana; it is even difficult to conceive such an assertion could be advanced. France, on the contrary, demanded that the intermediate nations between Canada and Louisiana, as also between Virginia and Louisiana, shall be considered as neutral nations, independent of the sovereignty of the two crowns, and serve as a barrier between them." (Historical Memorial of the Negotiations, published at Paris by authority, 1761. May be referred to in Jenkinson's Coll. of Treaties, vol. ii.) Mr. Gallatin says elsewhere, in alluding to royal charters : — "In point of fact, he whole country drained by the several rivers empty- ing into the Atlantic Ocean, the mouths of which X 2 ■/ - - 'V'-.' i«i' ■■•■ ',;» m- )\ 308 4 1 ■ P''^: m: ; I " r-, .' . I ■' > 'Ai'iVi' r^ff >'. ■S •'1'''^/., ■■i: *. Hudson's ■ '",f' Bay terri- i',-': ■'■ "i- .'■'' tories. *.-, .^v4■i' ''^ ••?4K '■'■■'i^ ^' . ^: ?' ;.|0. '; .'■'•' .<■• i ' '» fl ^ .?■■■. ."_V . -^ ' 1 " ■:■'*, Atiantic '■.! 'i!'' ■ colonies. 1 ' . : ■:4;; ■•■■ a. ' ATLANTIC COLONIES. were within those charters, has from Hudson's Bay to Florida, and it is believed -without exception, been occupied and held by virtue of those charters. Not only has this principle been fully confirmed, but it has been notoriously enforced, much beyond the sources of the rivers on which the settlements were formed. The priority of the French settle- ments on the rivers flowing westwardly from the Alleghany Mountains into the Mississippi, was altogether disregarded ; and the rights of the Atlantic colonies to extend beyond those moun- tains, as gro^ving out of the contiguity of territory^ and as asserted in the earliest charters, w^as eiFec- tually and successfully enforced." In reply to these remarks it may be observed, that the limits of the Hudson's Bay territory were settled by the Treaty of Utrecht, in 1713, those of the Atlantic colonies by the Treaty of Paris, 1763, and in the preliminary negotiation no allusion is any where made to rights founded on charters, or to rights of contiguity. On the contrary, in regard to the Hudson's Bay territories, the peaceable acquiescence of the Marquis de Frontenac, then Governor of Canada, in the settlement of the Bay of Hudson by the English company, was maintained to be a bar to any claims on the part of the French to question, at a subsequent period, the title which the British crown asserted on the grounds of discovery. Again, in respect to the Atlantic colonies, their right to extend themselves to the banks of the Mississippi was never enforced against the French, " as growing out of the contiguity of territory, and as asserted in the earliest charters. On the con- FRKNX'U CESSIONS. 301) n's Bay leption, mrters. firmed, beyond ements settle- 'om the )i, was of the moun- 'rriton/, s efFec- o these nits of by the Atlantic [ in the where hts of o the scence nor of udson to be nch to ch the overy. their )f the rench, y, and i con- trary, in the negotiations of 1761, it was admitted by Great JJritain, that in respect to the course of the Oliio, and the territories in those parts, the pretensions of the two crowns had been contentious before the surrender of Canada, and in respect to the nations on the east bank of the Mississippi, Great llritain confined herself to asserting that they had been always reputed to be under her protection, luid proposed to the French King, tliat " for the advantage of peace, he should consent to leave the intermediate countries under the protec- tion of Great Britain, and particularly the Cherokees, the Creeks, the Chicosaws, the Chactaws, and another nation, situate between the British setile- nients and the Mississippi.''^ The result of these and subsequent negotiations was, that France, by the seventh article of the Treaty of Paris, agreed that the limits of the British and French territories respectively should be fixed by a line drawn along t)ie middle of the Mississippi, from its source to the liiver Iberville [depuis sa naissance jusqu'a la riviere d'Iberville], and ceded to Great Britain all that she possessed or was entitled to possess, on the left bank of the Mississippi, with the exception of New Orleans. This cession by France of all that she possessed, Cession by or was entitled to possess, on the left bank of the Eiver Mississippi, would convey to Great Britain all her title to the Illinois and other districts north of the Illinois country, if she possessed any ; but she could only possess any title to them as form- ing part of the dependencies of Canada or New France. Out of these, indeed, the province of X 3 France. t. ■ ■Vl ^^'. 310 DOCTlilNi: OF CONTItiUlTV. ..■ ,.V|' , 1 !l ■^„ Louiniana had been carved by the fi^rant to Crozat in 1712, and from these the Illinois territory had been detached in 1717, by tlie chartCi* of Law's Mississippi Company; the remainder, such as it was, had retained its original character of New France or Canada unchanged, as well as its original limits, such as they had been determined to be, cither by special commissioners, in pursuance of the provisions of the Treaty of Utrecht, or by an understanding between the crowns of France and Great Britain. If therefore the F" sncli had any possessions in America, north of the sources of the Mississippi, as Louisiana did not extend further north than those sources, they must have been part of the original province of Canada, and have been ceded to Great Britain with Canada and all her dependencies. The western boundary of Louisiana was never attempted to be extended by the French beyond the limits of Crozat's grant, by which Louisiana was expressly defined to be bounded by New Mexico on the west, and impliedly by the head-waters of the Missouri river. Doctrine of " Tlic actual posscssiou," j\Ir. Gallatin maintained, "and populous settlements of the valley of the Mississippi, including Louisiana, and now under one sovereignty, constitute a strong claim to the west- wardly extension of that province over the conti- guous vacant territory, and to the occupation and sovereignty of the country as far as the Pacific Ocean. If some trading factories on the shores of Hudson's Bay have been considered by Great Bri- tain as giving an exclusive right of occupancy as far as the Rocky Mountains ; if the infant settle- contiguity. '• :^;..*^tf Croziit ory had t' Law's 8 it was, France I limits, tlier by ovisioiis tanding Britain, iions in sippi, as m those original to Great cs. The tempted imits of >:pressly he west, Missouri iitained, of the ider one le west- le co7iti- ion and Pacific lores of at Bri- an cy as settle- ASSUMTTIONS NOT AD.MISSIHLK. ;ui ments on the more soutliern Atlantic shores justified a claim thence to the South Seas, and which was actually enforced to the Mississippi, that of the millions already Avithin the reach of those seas cannot consistently be resisted. For it will not be denied that the extent of contiguous territory, to which an actual settlement gives a i)rior right, must depend, in a considerable degree, on the magnitude and population of that settlement, and on the faci- lity with which the vacant adjoining land may, within a short time, be occupied, settled, and culti- vated by such population, as compared with the probability of its being thus occupied and settled from another quarter." In examinino- ]\f v. Gallatin's argument in ihe Assump- •^ _ '-' tions not above passage, it will be seen that he assumes, as admissible. the foundation of it, two suppositions as to the Hudson's Bay factories and the settlements on the Atlantic shores, which are not admissible. Great Britain never considered her right of occupancy up to the Rocky Mountains to rest upon the fact of her having established factories on the shores of the Bay of Hudson, i. e., upon her tit'e by mere settle- ment, but upon her title by discovery confirmed by settlements, in which the French nation, her only civilised neighbour, acquiesced, and which they subsequently recognised by treaty : and in regard to the infant settlements on the Atlantic shores, they were planted there either by virtue of disco- very, as in the case of Virginia, or else upon the plea of the territory " not yet being cultivated and planted, and only inhabited by some barbarous people," as in the case of the Carolinas, which, X 4 ,'f ■ w i r>.-,' , ■>> ■■,• . '-ill •. Iv. "*■'■• ;• '■'''■' . |i,|''r. f% . • ifc- '^1 ' iIj '■''■'''' ■' I In 312 EXCLUSIVE TITLE BY CONTIGUITY. though occupied successively for a time by Spanish and by French settlers, had been abandoned by all European nations from the year 1567 till 1663, when Charles II. granted letters patent to the Earl of Clarendon and seven others, asserting a title to it by virtue of the discoveries of Sebastian Cabot, and its abandonment by other PoAvers. If, there- fore, the British crown asserted a right of extend- ing its settlements beyond the heads of the rivers emptying themselves into the Atlantic to the South Seas, it was not by virtue of its infant settle- ments, but by the same title, whatever it might be, which, according to the practice of nations, would authorise it to make those settlements, since the claim was asserted in the very charters which empowered the settlement to be made. But the settlement was limited to lands " not yet cultivated or planted," in other words, to vacant territory. Was the claim then actually enforced by the British to Exclusive ^hg Mississippi ? The history of the Treaty of contiguity. Paris fumishcs a negative answer to the question. The claim, indeed, which Mr. Gallatin attempts to set up, is to an exclusive title by contiguity. But such a title can only be founded on necessity, when the law of self-preservation is paramount to all other considerations. Convenience alone will not establish an absolute title, though it may found a conditional title, subject to the acqui- escence of other States: but the reason which Mr. Gallatin alleged in support of the title by con- Argument tiguity ; namely, the facility with which the vacant ^rom num. ^gj,j.j^Qj.y -^yould bc occupicd by the teeming popula- tion of the United States, is but a disguised appeal '•I t"' ■'5 ■• ■••>»• DKRIVATIVE TITLE. 3ia Spanish ed by all ill 1663, the Earl a title to n Cabot, f, there- extend- iie rivers to the it fettle- light be, s, would ince the s which But the iltivated >ry. Was ritish to eaty of uestion. ttempts ntiguity. cessity, amount alone »ugh it 3 acqui- which by con- vacant )opula- appeal to the principle of the vis major, and strikes at the root of the fundamental axiom of international law, that all nations are upon a footing of perfect equa- lity as to their obligations and rights. " Power or weakness," observes Yattel, " does not in this respect produce any difference. A dwarf is as much a man as a giant : a small republic is no less a sovereign state than the most poAverful kingdom;" so that every argument which rests on the grounds that the millions already within reach of the Pacific Ocean, entitle the United States by their numbers to the occupation and sovereignty of the country, to the exclusion of Great Britain, is out of place where questions of greater right, and not of greater interest, are under discussion. It should however not be forgotten, in discussing the probability of the Oregon Territory being occupied from any other quarter than the United States, that British sub- jects are restricted by the charter of the Hudson's Bay Company from settling there, it being de- clared in that charter, "that no British subjects, other than and except the said Governor and Com- pany, and their successors, and the persons autho- rised to carry on exclusive trade by them, shall trade with the Indians " within such parts of North America as are "to the northward and to the west- ward of the lands and territories belonging to the United States of America." In respect to the derivative title from Spain, Derivative Mr. Gallatin, in admitting the Convention of the spain. Escurial to be now in force, as being of a commer- cial nature, and therefore renewed, in common with all the treaties of commerce existing previously to the year 1796, between Spain and Great Britain, '.i^' m m r-'i M:- i ^'^ V t ■ *> ■•!■ T s 314 Settlement, TRADING FACTORIES. by the treaty signed at Madrid on August 28. 1814, (Martens' Traites, Nouveau Recueil, iv. p. 122.) contended in the first place that the word " settle- ment" was used in the third and fifth articles of the convention, in the narrower sense which Mr. Rush had endeavoured to attach to it in the negotiations of 1824, namely, as *' connected with the commerce to be carried on with the natives ;" and, secondly, that if the word " settlement" was employed in its most unlimited sense, still that the provisions of the convention had no connection with an ultimate partition of the country for the purposes of permanent colonisation. The truth of the last observation, to a certain extent, is self- evident, from the fact of the ultimate partition of the country being still the subject of discussion ; but in respect to the word "settlement," some objections to the attempt to narrow its meaning have been already stated, and may be referred to above (p. 291-297.) A few further observations, however, may not be superfluous. Mr. Gallatin, in another part of his counter-statement says, " It is also believed, that mere factories, established solely for the purpose of trafficking with the natives, and icithout any view to cultivation and permanent settle- ntent, cannot, of themselves, and unsupported by any other consideration, give any better title to dominion and absolute sovereignty, than similar establishments made in a civilised country." If we admit, for the sake of the argument, that temporary trading stations, erected without any view to cultivation and permanent settlement, can- not of themselves establish a title to exclusive dominion and sovereignty, this very fact alone ijf-l 18. 1814, p. 122.) " settle- articles e which t in the ted with latives ;" nt" was that the nnection ' for the truth of is self- tition of cussion ; . j> some neaniiig rred to vations, atin, in It is t; solely es, and it settle- ted by itle to similar t, that it any t, can- ilusive alone TEILMANENT SETTLEMENTS. would be conclusive to show, from the provisions of the fifth article, that such trading stations were not intended by the word " settlement" in the Treaty of the Escurial. The settlements there contemplated were only to be made in places not already occu- pied, and further, "in all places wherever the subjects of either shall have made settlements since the month of April 1789, or shall hereafter make any, the subjects of the other shall have free access, and shall carry on their trade without any distur- bance or molestation." Unless the settlements here alluded to would have been considered to give a title of exclusive sovereignty by the recognised law of nations to the party which had formed them, if not otherwise specified, this provision would have been not merely uncalled for, but on the well- known principle of " expressio unius est exclusio alterius," w^ould have tended to narrow rather than to enlarge the rights of the other party. The reason, however, of this "special provision" will be obvious, when it is called to mind that both Spain and Great Britain carefully excluded foreign Powers from all trade with their colonies, and that Spain had asserted in the preliminary negotiations a right of " sovereignty, navigation, and exclusive commerce to the continent and islands of the South Sea," and had also maintained, that " although she might not have estahlishnents or colonies planted upon the coasts or in the ports in dispute, it did not follow that such coast or port did not belong to her." Unless therefore some such provision had been introduced into the treaty, the subsequent settlements on the north-west coast would have 315 m m ^r. I '1 ■;••.■! I' 'OS ,1 - Mli It' ;^^i' V?:f^^' M. ■■*.'; , ■ ' V ■ iS'^v^'*:'^- s*,' 316 INTERMIXED SETTLEMENTS. Factories. been closed against all foreign traders, in con- formity to the general laws of both countries. But if Mr. Gallatin is justified in advancing, as a principle of international law, that "mere fac- tories, established solely for the purpose of traffick- ing with the natives, and without any view to cultivation and permanent settlement," such as he alleges the trading posts of the North-west Com- l^any to be, cannot of themselves give a good title to dominion and absolute sovereignty, he cuts away from under the United States the ground upon which they had set up their original title to exclusive sovereignty. For the factory of the Pacific Fur Company at Astoria, on the south bank of the Columbia, would be, according to this view, quite as inoperative for the purpose of constituting a title by settlement in favour of the United States as that of the Hudson's Bay Company at Fort Vancouver, on the northern bank, would be in- effectual for a similar purpose in favour of Great Britain ; and, a fortiori^ the passing visit of a mer- chant ship, such as the Columbia, despatched solely for the purpose of trafficking with the natives^ and not with the object of making discoveries, or with any authority to take possession of territory for purposes of permanent settlement, could never be held entitled to the consideration which the United States claim to have attached to it. Intermixed Mr. Gallatin observed that "the stipulations of the settlements, -^y ^ , . -, . , , JNootka convention permitted promiscuous and in- termixed settlements everywhere, and over the whole face of the country, to the subjects of both parties, and even declared every such settlement, in con- ies. [icing, as lere fac- traffick- view to sh as he st Com- ood title he cuts ground . title to of the ith bank is view, itituting d States at Fort be in- Great a mer- solely , and }r with ory for ver be the ^es ih of the and in- er the f both ement, DISTINCT JURISDICTION. 817 made by either party, in a degree common to the other. Such a state of things is clearly incompatible with distinct jurisdiction and sovereignty. The con- vention therefore could have had no such object in view as to fix the relations of the contracting parties in that respect." If, however, it can be shown that such a state of things is not incompatible with clis- tinct jurisdiction, the argument will fall to the ground. It appears then to have been decided in the United States Courts, that " although the territorial line of a nation, for the fjwyoses of absolute juris- diction, may not extend beyond the middle of the stream, yet the right to the use of the whole river or bay for the purposes of trade, navigation, and passage, may be common to both nations." (Th(i Fame, 3 Mason 147. C. C. Maine, 1822, cited in Elliott's American Diplomatic Code, vol. ii. p. 345.) Here then we have the principle recognised of use for the purposes of trade being in a degree common to both nations, yet such a state of things pi tinctju- being not incompatible ivith distinct jurisdiction and sovereignty. Still less would the fact of the convention per- mitting promiscuous and intermixed settlements to be made everywhere by the subjects of both parties be incompatible wl.:h distinct jurisdiction; for, as Yattel observes (1. ii. § 98.), " it may happen that a nation is contented with possessing only certain places, or appropriating to itself certain rights in a country that has not an o^vner, without being solicitous to take possession of the whole country. In this case, another nation may taKC 'i '•■1. I mi'. ■r •(;• I 1 ' ^ ' m' ,.,('■■ kn'i^ih: ■ ■■■ht, • , -' ■'■3 1-1 ■i '-^ ^ '■ 318 Recogni- tion of mutual rights. RKCOGNITION OF RIGHTS. possession of what the first has neglected ; but this cannot be done without allowing all the rights acquired by the first to subsist in their full and absolute independence. In such cases, it is proper that regulations should be made by treaty, and this precaution is seldom neglected among civilised nations." Mr. Gallatin further continues : " On that subject (jurisdiction and sovereignty) it (the convention) established or changed nothing, but left the parties where it found them, and in possession of all such rights, whether derived from discovery, or from any other consideration, as belonged to each, to be urged by each, whenever the question of permanent and separate possession and sovereignty came to be dis- cussed between them." It may be perfectly correct to say that the con- vention " left the parties where it found them, and in possession of all such rights, whether derived from discovery or from any other consideration, as be- longed to each ;" for the very object of the third article was not the concession of favours, but the recognition of mutual rights. On the other hand, that it left all question of rights open, to be urged by each at any future time, as if there had been no declaration or acknowledgment on the subject, seems not merely to be at variance with the sub- stance of the third article, but to be utterly irre- concilable with the preamble of the convention, which contemplates an amicable arrangement of the differences \jy *^een the two Crowns, " which, setting aside all retr ^ective discussion of the rights and pretensions jf the two parties, should fix their res- .(• ; but this bhe rights [• full and fc is proper Yj and this civilised lat subject invention) the parties )f all such r from any be urged lanent and ; to be dis- ^t the con- em, and in :*ived from ion, as be- the third , but the hand, that urged by- been no subject, the sub- berly irre- jnvention, lent of the [h, setting Ights and their res- rniORITY OF SETTLEMENT. 319 pective situation for the future on a basis con- formable to their true interests, as well as to the mutual desire with which their said Majesties are animated, of establishing with each other, in every thing and in all places, the most perfect friendship, harmony, and good correspondence." If, indeed, Mr. Gallatin means that whenever the parties should find it de^iTTible to terminate the condition of occupation %i„ comrnon^ it would be competent for either party to appeal to the general law of nations, subject to the provisions of the treaty, the reason of the thing at once suggests that recourse must be had to some general principles of law, in a case for which the treaty does not provide. But the general law of nations must only be Ocnorai invoked as supplementary to the special law re- nations. cognised by the convention. By the special law of the treaty, the mutual right of making settlements in places not already occupied was acknowledged; but the rights accruing to either party by virtue of such settlements, when made, would be determined by the general law of nations. The recip?'ocal liberty of free access and unmolested trade witli such settlements was provided for by the fifth article ; the treaty, however, was silent as to the relations of the parties in other respects, after they should have made settlements. These relations then would be determined by the general law. The common right of either party to make set- tlements in places not occupied was recognised by the convention. Occupation was thus declared to be the test of exclusive title, and " territory not occupied," was impliedly "territory without an lu: ■ ^i)- [',)■■ t . 1 y . ■ ' J . ^■'>'^.' It"!"' . '7i • • b'^'' * ■ h'- \u^ • % >.•"•■." ■M-; \ • Vi ' ,' / „, ;>■"' ; k-> ■ ,'<■; ■ ;.»■•■','. ■■■V;^t ' ■ ' - * • -*l ■ ■','■'>.''•, < ! ;•':!'■ " ' ii- 1 -.v r. *'!;. ■ ■^'' »i' *- ■'# ''i:^*:r V ' .r:,..:^ ' ^ .;■.'; ,', ■Jii ' ; . ' J. ■ ':' ■'■"' , ' >' k f "■ '• ■! i -,'' * ■ i; »!>>■ /■'•' ,''',' ;• ''■■!v!' , *;■■' ■■■', ■^ ■^■■';.' •■-^■•^ii ;';. .: ■I '* ''■ 'i^-:\< \. ■' . ' .■ ■ ■ l.;.j(i:>' *' ■ , ' ■i^'»-'. (>•', ■ ■ ■ '>■ ,- : ■-: ;>?,,■• . ■'•>■•, •.,' i ' ■ 1 m-- ... t ';'■;'''■' '. v'"? ' " I'i ''^'i(-} • ■ .■■/'i''' " ■j- •^•^t • ■■ ■ ■ ' ' . '■>'«■''•, -I' ■ y , ?■ :ii •.> ^ V ii;';j;, ,,■ : r. ': 1 -v >.' f, r-' T.,-r ■ ■■*■,' .■' '■ ' ■ '■ , «-'l .. . ■. '■'■' 'i.i,'" ...,' ^*f -■- ■ ■ 1 ' ■ :'.'' :">. ' • ■' ;i<.i •^•^i;; :!'"- ■-' :^'^^ ' ' ■ . •-■> ,. ' ' ■>• '■'■ ■ ^■■•liM ■ i'..; 1 ■ ,j , ' " ■••*'"■ ^* r I '"■>!. ' ■' ' ^* V ;[ ^ . ■'>'■ :j^': •-:■-• ■'X, , ■:^^:^ !'; ■- *"' ' ■ *■, ■ '" U ' , ;-. 4^- '"<;;■' : ■■"'f- , i ■ * . .">:*. •. ?-■',■; ti'tj ;•■ ,f ;/;; a ■■■H-w "".1* ■ ■.t-;;-'' 4>' - ■•.-. P-:' :;A'-;. ^.v '-.„ >•' ■ .; MV ■':- ;■ ', '" ''::'•' c:^"4'^ ,•. 320 TERRITORY IN USE. Vattcl. Priority of ovvncT." Priority of settlement would thus o^ive as perfect a title . nder the special law of the con- vention, as discovery and settlement under the general law of nations. If this view be correct, then Vattel supplies the r'^le of law which would determine the m '•.ual relations attendant on such settlements. " If at the same time two or more na- tions discover and take possession of an island, or any other desert land without an owner, they ought to agree between themselves, and make an equitable par- tition ; but, if they cannot agree, each will have the right of empire and the domain in the parts in which, they first settled y (1. ii. § 95.) The mutual right of the two pariieo to settle in places not yet occupied, having thus been acknowledged by the convention, the sovereignty was from the nature of things left in abeyance fending the establishing of such settlements, but there was no provision in the treaty to suspend the operation of the general law of nations, in respect to the territorial rights consequent on such settlements. To negative the operation of the general law, it would be necessary to show that the dominium utile, as distinct from the sovereignty, was all that accrued by such settlements. But in cases in which the territory in use, {dominium utile) as distinct from the territory in chief {dominium eminens), has been granted by treaty, such a concession has never been said to be granted making settlements," and that in such cases, express reference is made Territory in use. " for the purpose of it may be observed express to the party who retains the territory in chief. USUFRUCTUARY RTGHT. 321 s give as the con- ider the correct, ;h would on such more na- d, or any ; to agree ble par- n\\ have parts in to settle lus been ereignty ibeyance nts^ but suspend ions, in lent on oeration sary to from such erritory Dm the as been never ■30se of ^served made lef. ;t Thus in the 17th article of the Treaty of Paris, Trc;ity of by which Spain granted to Great Britain a usufruc- tuary riyht in the territory of the Bay of Honduras, it was provided : " That his Britannic Majesty shall cause to be de- molished the fortifications which his subjects shall have erected in the Bay of Honduras, and in othei' places of the territory of Spain in that part of the world, four months after the ratification of the pre- sent treaty. " And his Catholic ^Majesty shall not permit his Britannic Majesty's subjects or their workmen to be disturbed or molested under any pretence what- ever in the said places, in their occui^ation of cut- ting, loading, and carrying away logwood ; and for this purpose they may build without hindrance, and occupy without interruption, the houses which are necessary for themselves or families. " And his Catholic Majesty assures to them by these articles the full enjoyment of those advantages and powers on the Spanisli coasts and territories, as above stipulated." In this case it will be seen that his Catholic Ma- Usufructu- jesty granted to Great Britain the usuiructuary right, or, according to the language of the Civil Law, Jus utendi, fruendi, salvti rerum substantia, of the peculiar produce of the soil of the Bay of Honduras, reserving to herself the property of the soil, or the territory in chief. But on looking once more at the words of the Settieimnt 3d article, it was agreed between the two contracting disturbed, parties, that " their respective subjects shall not be disturbed or molested either in navigating or car- Y '^ ■ ' mr, ■■''•',' !■'■?■■•%•'■■ • V-V- ' -i . i, ■' ■ '.> '■ i.'*'' , •■•' '.i!'':. ■ V- '(•• ■f.:-. '5i il ' '•'' >'■ *„ ' . .•"^ :i^ii ;: ir # 322 TEUIUTORY IN CHIEF NOT RESEllVEU. rying on their fisheries in the Pacific Ocean or in the South Seas, or in landing on the coasts of those seas, in places not already occupied, for the purpose of carrying on their commerce with the natives of the country, or of making settlements there." Now the only pretext for such disturbance or molestation would be the claim of territorial right or sove- reignty: and that pretext being formally relin- quished by the stipulation not to disturb, the claim of territorial right, as founded on considerations anterior to the treaty, was mutually abandoned by Territory either party. Again, the subjects of either party in chief not -^ei-e dcclarcd entitled to make settlements in places reserved. , ^ not already occupied. If now there was a reserva- tion of territorial right in chief by one party, then the families settling there, which is in effect colo- nising (for the cultivation of the soil must be al- lowed them), could not be the subjects of the other party, if they settled and became domiciled there ; yet they are acknowledged to retain their character. Now, such as the subject is, such is the jurisdiction. If, for instance, the absolute and sole territory of the north-west coast of America, exclusive of any other Power, was possessed and retained by Spain, then the jurisdiction ov^er all persons settling there belonged to Spain : the residents in that territory were the subjects of Spain pro hdc vice, wheresoever they were born, agreeably to the principle admitted all over Europe, thaj every man is the subject of the jurisdiction and territory in which he is domi- ciled. But British subjects settling in the places not already occupied on the north-west coast of America could not thereby be divested of the cha- ;><.'■' : ^^ ■'i ^r\»*T, CONVENTION OF 1S27. 'U)0 ian or in of thoso purpose itives of 3." Now Icstation or sove- ly rulin- he claim lerations oned by er party in places reserva- •ty, then set colo- st be al- he other d there ; laracter. sdiction. itory of of any Spain, there rritory esoever mitted )ject of s domi- places Dast of le cha- 'g racter of their originjil domicile, for it was only in such character that they were entitled not to be disturbed or molested in their settlements, — it was oidy under the authority and protection of li Bri- tish sovereign that they were entitled to set foot upon the territory. Other considerations will rea- dily suggest themselves, but it is unnecessary to pursue the subject further. These negotiations were broujijht to a close by Convention .of iS"7. the signature of the Convention of 1827, by which the provisions of the 3d article of the Convention of 1818 were further indefinitely extended, it being competent however for either party to abrogate the agreement, on giving twelve months' notice to the other party. v. r" ■, Y 2 V;! I, t I ,' ■■;» '' ' tr ;i24 I .^;..^ CHAPTER XVII. t NEGOTIATIONS BETWEEN THE UNITED STATES AND GREAT BRITAIN IN 1844-5. 'ill' < < I'' 1 . '•> r 1 ' * n- <: '1, • i 1 r' .'i ' , General Line of Argument on either Side. — Original Title of the United States. — Nationality of a Merchant Ship.— Mr. Buchanan's Statement. — Mr. Rush's View. — The Practice of Nations makes a Distinction between public and private Vessels. — Tri'^unals of the United States.— Laws of South Carolina.— The Distinction rests on the Comity of Nations. — It is not arbitrary, at the Will of each Nation, nor can it be disturbed. — Dr. Channing on the Character of Merchant Ships. — The taking Possession of a vacant Country for the Purpose of Settlement, is an Act of Sovereignty. — Mr. Gal- latin's Letter to Mr. Astor on the Flag. — Discoveries, as the Groundwork of territorial Title, technical. — Lord Stowell. — In- choate Acts of Sovereignty. — Vattel. — Title by Discovery, the Creature of the Comity of Nations. — Gray's first entering the Mouth of the Columbia does not satisfy the required Conditions. — Heceta's Discovery, in the popular sense of the Term. — Gray's the first Exploration of the Mouth, — Expedition of Lewis and Clarke- — Mr. Rush's Mis-statement in 1824, as to the Sources of the [Multnomah, and of Clarke's River. — Inaccuracy in the Statements of Mr. Calhoun, and of ISIr. Buchanan. — The Great Northern Branch of the Columbia not called Clarke's River by Lewis and Clarke. — Clarke's River supposed by them to be a Tributary of the Tacoutche-Tesse. — The Tacoutche-Tesse reputed to be the northernmost Branch of the Columbia River till 1812. — Humboldt's New Spain. — Junction of the Lewis with the Columbia River. — The northernmost liranch of the Columbia first explored by Thom- son. — Lewis and Clarke did not encamp and winter on the north Bank of the Columbia. — Fort Clatsop on the south Bank. — Mr. Pakenham's Counter-statement. — Settlements of the United States. — Mr. Calhoun's Statement. — Mr. Henry's trading Fort. — Failure of Captain Smith's Undertaking. — [Mr. Astor's Adventure. — Astoria on the south Bank of the Columbia. — Rival Station of the North- west Company on the Spokan River. — Astoria not a national •Vi/'; NKGOTIA'I'IONS OF 1S44-5. 325 S AND tic of the ucbanan's ins makes i^^unals of 3tion rests ill of each Character t Country -Mr. Gal- 's, as the ell.— In- ivery, the ering the litions. — i ray's the 111 Clarke- es of the ;atenients Northern ewis and iutary of o be the imboldt's j{iver, — y Thom- le north -Mr. d States. -Failure -Astoria North- national Settlement. — No Claim advnncod to it by the United Slates in the Nej^otiations preoediii^ tlu! Florida Treaty. — Astoria translerred to the North-west Company by Sale. — Tiie United States formally placed in possession of it in 1818. — Mr. Calhoun's Argument. — Confusion ui' the Settlement with the Territory. — The Right of Possession. — The Question at issue in 1818. — Mr. Hush did not then assert a perfect Right. — Mr. Buchanan now nuiintains an exclusive Title. — The derivative Title of Spain. — Incon- Bistency of the United States Commissioners. — EU'ect of the Nootka Convention. — Contrast of the Claims of the Two Governments. — Mr. Calhoun's Admission as to Ileeeta's Discovery. — True Cha- racter of the original Title of the United States. — Not an exclusive Title. — Exclusiveness does not ; dmit of Degree. — The Title of Spain imperfect by express ConvLUtion. — NoR'ghts granted by the Nootka Convention. — Mr. Buchanan's Statemont. — Examination of the Argiunent. — Opinions expressed in Parliament in 1790. — Air. Pitt's Declaration. The unexpected pubUciition of the coi'c' i)Oiideiice between Mr. Pakenliam, the Bri.i-^b Minister, .lad Messrs. Calhoun and Buchanan, the Secretaries of State at Washington, requires that the more im- portant arguments in their respective statements should be briefly examined, lest the present inquiry should be thought incomplete. Xo substantially new topic seems to have been advanced during the negotiation, but the treatment of several points in the argument on either side was materially modified. The Commissioners of t!'C United States appear on General ,1 . . , - -1 • T , 1 b'lc of ar- this occasion to nave ic led more immediately on gmncnt. the original title of the United States than on the derivative Spanish tide which Mr. Rush first set up in 1824, or die derivative French title which Mr. Gallatin brought forward in 1826. The British Minister, on the other hand, rested his position more decidedly on the recognition of the title of Great Britain by the Convention of the Escurial, and less on the general proof of it by discovery and settlement. Y 3 ,<•, w, v. '-^/:' ■■ »; fV- • 'V ■'I " , '' r V ■•■ > 'l|<. ■';^:*^ ■ I 1.. ji.' j'v'^!' ", ■ I f ■, ': ."' i . Mfwi'^ . &;■ Plfiw^ ■■'■'■i^ ^ P- ywt t , .„.•, t ■; ■ ' • ■ .i'l ' _':-.JHj- ;• ^"■. ."■ . 't • ; '.'.A,.; 1 '1 '"r .i> ■•X':-\ % ^ ^^/^^ ' ys ';■■ , . ^\ ,">'.- 'W 1 .*V'.:. «■ •^ v«- :^.i;; sr^M 326 Original title of the United States. ORIGINAL TITLE OF THE UNITED STATES. In reference, then, to the original title of the United States, Mr. Calhoun, in his letter of Sep- tember 3. 1844, grounded it on the prior discovery of the mouth of the Columbia River by Captain Gray, on the prior exploration of the river from its head-waters by Lewis and Clarke in 1805-6, on the prior settlement on its banks by American citizens in 1809-10, and by the Pacific Fur Company at Astoria in 1811, which latter establishment was formally restored by the British Government in 1818 to the Government of the United States. Mr. Buchanan, in his letter of July 12. 1845, having briefly recapitulated these alleged facts, says: — " If the discovery of the mouth of a river, followed up within a reasonable time by the first exploration of its main channel and its branches, and appropriated by the first settlements on its banks, do not constitute a title to the territory drained by its waters in the nation performing these acts, then the principles consecrated by the practice of civilised nations ever since the discovery of the New World must have lost their force. Those principles were necessary to procure the peace of the world. Had they not been enforced in practice, clashing claims to newly-discovered territory, and perpetual strife among the nations, would have been the inevitable result." It may be as well to examine into the real cha- racter of ihese alleged facts, before considering how far they warrant the application of the prin- ciple of international law, to which Mr. Buchanan seeks to adapt them. In regard to the discovery of the mouth of +!ie s. of the of Sep- scovery Captain Tom its , on the citizens pany at ;nt was Qent in States. . 1845, i facts, a river, he first 'anches, 5 on its 3rritory brming by the scovery force, ire the nforced ?.overed lations, 3al cha- idering prin- cl^/inan of +Ixe NATIONALITY OF A MERCHANT SHU'. 327 Columbia Kiver by Captain Gray, in the merchant ship Columbia, under the flag of the United States, Mr. Calhoun eluded the objection that the Colum- Nationality " of a iner- bia was not a jniMic but a private ship, by simply chant ves- observing — " Indeed, so conclusive is the evidence in his (Gray's) favour, that it has been attempted to evade our claim on the novel and Avholly un- tenable ground that his discovery was made, not in a national but private vessel ; " and so passed on to other questions. Mr. Buchanan, on the other ^^^•' Un- hand, devotes a few lines to the subject: — " The British plenipotentiary attempts to depreciate the value to the United States of Gray's discovery, because his ship was a trading and not a national vessel. As he furnishes no reason for this distinc- tion, the undersigned will confine himself to the remark, that a merchant vessel bears the flag of her country at her mast-head, and continues under its jurisdiction and protection, in the same manner as though she had been commissioned for the compress purpose of making discoveries ; besides, beyond all doubt, this discovery was made by Gray ; and to Avhat nation could the benefit of it belong unless it be to the United States.? Certainly not to Great Britain, and if to Spain, the United States are now her representative. Mr. Rush had in a similar manner maintained. Mr. Rush. " That the ship of Captain Gray, whether fitted out by the Government of the United States or not, was a national ship. If she was not so in a tech- nical sense of the word, she was in the full sense of it, applicable to such an occasion. She bore at her stern the flag of the nation, sailed forth under the T 4 ..>' ^ i- -r^: .1- v^ i it*.;- . ■1 'f.. -■if! :> •■ i,. ■. .> V ' r ! ■ . ■ -;• i'' •H- :>r ■•>■ (■■■ .V.', I '** >:viS? ' ■ >;<■ . .■■A '. 328 riiACTlCE OF NATIONS. The piac tice of nations. protection of the nation, and was to be identified with the rights of the nation." In both these statements it seems to be admitted, that there is a technical distinction in the nationality of a public ship and of a private ship ; but it is maintained that for the purposes of discovery a merchant ship, under the command of a private individual, is, in the full sense of the word, a national ship. This doctrine, however, finds no countenance in the practice of nations, which, on the contrary, makes a broad distinction between public and private vessels, in reference to all ter- ritorial questions. Thus the comity of nations attaches to the nationality of public vessels coming into the ports of a foreign sovereign different considerations from those with which it regards the nationality of private vessels. To go no further Tribunals than the tribunals of the United States, " a public vessel of war, of a foreign sovereign, coming into our ports, and demeaning herself in a friendly man- ner, is exempt from the jurisdiction of this country," (The schooner Exchange v. M'Faddon, 7 Cranch, 116. Supreme Court of the United States, 1812) ; but a private merchant ship has not that courtesy extended to it, if it ventures intra fauces terrw. For instance, if a British merchant vessel should enter the port of Charleston, with free negro sailors on bonrd, the nationality of the flag will not be sufii- cient to protect them from the operation of the municipal law, which forbids liberty to the negro within the limits of South Carolina; and thus it repeatedly happens, that negroes or persons of colour arriving in the ports of South Carolina, of the United States. ;#■ - % . ■:/• LAWS or SOUTH CAUOLINA. 321) dentified dmitted, tionality but it is covery n L private word, a finds no ^hich, on between all ter- nations } cominof different ;ards the further a public ing into Uy man- )untry," Cranch, 1812); ;ourtesy ^«?. For d enter ilors on 3e suffi- of the I negro thus it Ions of roliria, though free subjects of her Britannic jNfajesty, and i -'i"" of encfnfifcd on hoard of a British merchant vessel in the Carolina. service of the ship, have been by virtue of the lex loci immediately taken from under the protection of the British flag^ and thrown into prison. In an analogous manner, if a merchant ship from Caro- lina should enter the port of London, Avith one or more negro slaves on board, the mercantile flag of the United States would not preclude them from the freedom which the soil of Great I)ritain im- parts to all who come within its precincts. A public vessel, however, is not entitled, as a matter of right, to any exemption from the jurisdic- tion of the sovereign whose territory she enters. For the jurisdiction of every nation within its own territory is exclusive and absolute, and all limita- tions to the full and complete exercise of that juris- diction must be traced up to the consent of the nation itself. But the comity of nations regards a Comity of public vessel as representing the sovereignty of the nation whose flag it bears. If it therefore leaves the high seas, the common territory of all nations, and enters into a friendly port, it is admitted to the privileges which would be extended to the sovereign himself. One sovereign, however, can only be supposed to enter a foreign territory, as his sovereign rights entitle him to no extra-territorial privileges, under an express licence, or in the con- fidence that the immunities belonging to his inde- pendent sovereign station, though not expressly stipulated, are reserved by implication, and will be extended to him. In a similar manner it is un- der an implied licence that a public ship enters ',■ it nations. 'fir mm I ^i'■^.t |'^■S'^,'■i■■ ; H- s •■■■•« ■■ji'^ii •:■:!' ■■j:'r 330 Not arbi- Irarv. Not to be disturbed. SOVEREIGNTY OF THE FLAG. the port of a friendly power, and retains its inde- pendent sovereign character, by the courtesy of the nation within the precincts of whose territorial jurisdiction it has placed itself. A private ship, on the contrary, entering the ports of a foreign power, has freedom of access allowed to it upon a tacit condition of a different kind, namely, that it be- comes subject to the municipal laws of the country. Hence every nation assigns to its mercantile ma- rine a distinct flag from that which its public ships are authorised to exhibit as the credential of their representing the sovereign power of the state. This distinction between the signification of the respective flags is not arliitrary, at the will of each nation, but is recognised by the law of nations : whilst the mercantile flag imparts to the vessel which bears it a righo to particij)ate in the privileges secured by commercial treaties with foreign powers, the public flag of a nation communicates the full character of sovereignty, and is respected accord- ingly. The commercial flag thus carries with it nationality^ the public flag, the national sovereignty. It is as much out of the power of any particular state to disturb this distinction, and to attach to its mercantile flag, beyond the jurisdiction of its own territory, different considerations from those which the practice of nations has sanctioned, as to increase or diminish the list of offences against the law of nations. No individual nation can say, " That is our mercantile flag: such and such powers shall attach to it, because it is our pleasure that it should be so:" on the contrary, it is the practice of nations which defines those powers, and to that f : *n m\. CIIANNING ON THE FLAG. 331 3 its inde- cjsy of the ;erritorial 3 ship, on ^n power, 1 a tacit at it be- country. utile ma- blic ships of their :ate. )n of the 1 of each nations : le vessel >rivileges poAvers, the full accord- with it ereignti/. irticular tach to 1 of its n those , as to nst the lin say, l^owers that it iractice to that practice we must have recourse, if we would ascer- tain them. In illustration of the above views, the following cimnniiig's extract from Dr. Channing's eloquent and able FrcJ states. pamphlet on " the Duty of the Free States," will not seem out of place. It was suggested by the well-known case of the Creole : — "It seems to be supposed by some that there is a peculiar sacredness in a vessel, which exempts it from all control in the ports of other nations. A vessel is sometimes said to be ' an extension' of the territory to which it belongs. The nation, we are told, is present in the vessel ; and its honour and rights {ire involved in the treatment which its flag receives abroad. These ideas are, in the main, true in regard to ships on the high seas. The sea is the exclusive property of no nation. It is subject to none. It is the com- mon and equal property of all. No state has juris- diction over it. No state can write its laws upon that restless surface. A ship at sea carries with her, and represents, the rights of her country, rights equal to those which any other enjoys. The slightest application of the laws of another nation to her is to be resisted. She is subjected to no law but that of her own country, and to the law of nations, which presses equally on all states. She may thus be called, with no violence to language, an exten- sion of the territory to which she belongs. But suppose her to quit the open sea, and enter a port, what a change is produced in her condition ! At sea she sustained the same relations to all nations, those of an equal. Now she sustains a new and peculiar relation to the nation which she has entered. She *s 1 •ft. ■nr ■t- :l^; 3IM* ^r "•,f»:,' , ' • '>'■'■' • -r'^ >V' • jf. A"--;" '.M-- " '*' %' ,^ ;•.?'■■»:'. ■ >■ ■ ■■.''< ' 'h.i', 'fi>- ^ ••v. .;■. ■ ■",-'• i tfv . ;-vi.'/' . !i- '^..' ■> ■ l\ l!, ■;.,.! '■' ^'\' [ ^ . .a,'';. h*«.. is ' r 6. ^ * ' :■ V »t ' vr ■ ■' i' ■' -1 ^fp:;. , .'' .• v 5'4!'':', ,' > ■ ?»!'■■ '- i;*iTv 1 r\ ' '^M' m 'W- *'"V\' :?■■ ' ', .'.Hi " ' '. ■ '■} '*' ' ' ■'' #t' ifi! : ii. J- PI, ■ 't'.i- V. ' .fey '1 ! i-y%' ' ,iV' '■■' H. ■ 3 !?:.>• . ,0h v^;*>'' * '■ : V: n " 9 '">;> NATIONALITY OF TUBLIC SIIIl'S. passes at once under its jurisdiction. She is subject to its laws. She is entered by its officers. If a criminal flies to lier for shelter, he may be pursued and apprehended. If her own men violate the laws of the land, they may be seized and punished. The nation is not present in her. She has left the open highway of the ocean, where all nations are equals, and entered a port where one nation alone is clothed with authority. What matters it that a vessel in the harbour of Nassau is owned in Ame- rica ? This does not change her locality. She has contracted new duties and obligations by being placed under a new jurisdiction. Her relations differ essentially from those which she sustained at home or on the open sea. These remarks apply, of course, to merchant vessels alone. A ship of tear is ' an extension of the territory^ to which she belongs, not only when she is on the ocean, but in a foreign port. In this respect she resembles an army march- ing by consent through a neutral country. Neither ship of war nor army falls under the jurisdiction of foreign states. Merchant vessels resemble individuals. Both become subject to the laws of the land which they enter." The taking possession of a vacant country for the purpose of settlement is one of the highest acts of sovereign power, for a nation thereby acquires not merely " the domain^ by virtue of which it has the exclusive use of the country for the supply of its necessities, and may dispose of it as it thinks proper, but also the empire^ or the right of sovereign command, by which it directs and regulates at its pleasure every thing that passes in the country." -XM i'fm: '■ ' .■'■■J ■t^v 1 fc ■ , ', ^m. GALLATIN ON THE FLAG. '> 9 '■ is subject :ers. If a )e pursued iolate the punished, as left the [vtioiis are tion alone s it that a [1 in Ame- She has by being relations stained at ; apply, of of Lcar w belongs, a foreign ly march- Neither iction of Uvicluals. id which mtry for lest acts acquires h it has ipply of thinks »vereign 3s at its untry." (Vaxrel, i. § 204.) It is hardly necessary to add, that a commission from the sovereign alone will authorise the act of taking possession, so as to secure respect for it, as a public act, from other nations. Thus Mr- Gaiin- we find that in the leter from Mr. Gallatin to '"^ ' Mr. Astor, elsewhere quoted, this principle was fully appreciated by Mi\ Astor, when he applied, in 1816, for a commission from the government of the United States. " You mentioned to me that you were disposed once more to renew the attempt, and to re-establish Astoria, provided you had the 2wotection of the American flag : for Avhich purpose a lieutenant's command would be sufficient to you. You requested me to mention this to the President, which I did. Mr. Madison said, he would consider the subject, and although he did not commit him- self, I thought that he received the proposal fa- vourably." It remains to be considered whether the practice of nations has attached difi*erent considerations to the flag in respect to discoveries. Discoveries, how- ever, as forming the groundwork of territorial title, are in themselves technical. They are inclioate acts i"^''"'?*'' •^ acts ot so- of sovereignty. " Even in newly-discovered coun- vereignty. tries," said Lord StoAvell, in the case of the Fama, Lord already cited, " where a title is meant to he established, for the first time, some act of possession is usually done and proclaimed as a notification of the fact." It is not, therefore, the mere sight of land which constitutes a discovery, in the sense in whicli the practice of nations respects it, as the basis of terri- torial title ; there must be some formal act of taking possession, which, as being an act of sovereign Stowell. te "-; i"}'' m 1), I. .•:;■; I;: ■, ■ ■ »; • ;. ... i n, "■k" 1r ,.o.i;, , , •^ M'^'Y •. -i'.'i-v ,*,' I H ^' .■ V ,1.1- » ' -' ♦? . Vattel. Title by discovery. 334 GRAY ENTERS THE COLUMBIA. power, can only be performed through a commis- sion from the sovereign. Thus Vattel, in the passage so frequently quoted, says, " The practice of nations has usually respected such a discovery, when made by navigators, who have been furnished with a commission from their sovereign^ and meeting with islands or other lands in a desert state, have taken possession of them in the name of the nation." The conditional title by discovery is entirely the creature of the comity of nations ; it has no foun- dation in the law of nature, according to which, if the discoverer has not occupied the territory, it would be presumed to remain vacant, and open to the next comer. For such purposes, however, the citizen or subject is not regarded as the instru- ment of his sovereign, unless he bears his commis- sion, when his acts are respected as public acts, and are operative as between nation and nation. Gray's first It would thus appear that the first entering of Se^Coium- the mouth of the Columbia River by Gray, being ^^^- the act of a private citizen, sailing in a private ship for the purposes of trade, under the mercaniiie flag of his country, was not in the received sense of the word a discovery^ which, according to the practice of nations, could lay the foundation of a title to territorial sovereignty. It does not satisfy the required conditions upon which alone the comity of nations woul'^ respect it. When therefore Mr. Buchanan says, " Besides, beyond all doubt this discovery was made by Gray, and to what nation could the benefit belong, unless it be to the United States," he assumes that the comity of nations will attach benefit to such a discovery, contrary to the practice of nations. It is thus unnecessary IkV'' iieceta's discovery. 3:}5 a commis- lie passage I of nations AiGYi made cd with a eting with lave taken ation." itirely the ,s no foun- to which, territory, and open however, the instru- is commis- iblic acts, [lation. itering of ■ay, being a privnte nercaniiie red sense g to the ition of a ot satisfy le comity fore Mr. )ubt this it nation e United nations contrary lecessary Clarke. to decide to what nation the benefit will belong, in a case in which no benefit can be held to l\'ive resulted. On tlie other hand, it is admitted by both of the American Secretaries of State, that the discovery of the mouth of the Columbia, in the popular sense of the word, was made by the Spanish navigator lieceta, some years before Gray visited J["]^',*|!,.'!. the coast. It consequently follows that Gray day's, nic achieved the first exploration, and not the discovery ran^.n]*'"*' of the mouth of the river, even in the popular sense of the term. In respect to the prior exploration of the Colum- IawIs and bia River from its head-waters, by Lewis and Clarke, in 1805-G, Mr. Calhoun, having conducted the expedition, which had been despatched under the auspices of the Government of the United States in the spring of 1804, as far as the head-waters of the Missouri, states that "in the summer cf 1805, they reached the head-waters of the Columbia River. After crossing many of the streams falling into it, they reached the Kooskooskee, in latitude, 43° 34^, descended that to the principal northern branch, which they called Lewis's ; followed that to its junction with the great northern branch^ which they called Clarke; and thence descended to the mouth of the river, where they landed, and encamped on the north side, on Cape Disappointment, and imiteredy Mr. Buchanan, in referring to this part of Mr. Calhoun's argument, which he did not consider it necessary to repeat, observed that he had shown, " that Messrs. Lewis and Clarke, under a commission from their Government, first explored the waters of this river almost /;'0?7i its head-springs "1 '•' VM ' v: ■h' If ;•'. Ik !!':■ r 1 •Wr: I'M':- 33G •I '•). •/•• IVfr. Rusl. niis-stutt- iiieiit. Mr. Cal- houn's ill- accuracies. ^■ii-' TIIK XORTIIKIIN imANClI OF TIIK ('OLUMl)IA. to the Pacific, paf^sim/ the icinter of 1S05 and 180G on its northern shore, near the ocean." These statements however do not correspond with the facts themselves which they profess to represent. '« Mr. Rush, in the negotiations of 1824, had set up for the United States an exclusive claim to the whole territory between 42° and 51° north, on the ground that "it had been ascertained that the Columbia Kiver extended by the River Multnomali to as low as 42°, and by Clarke's River to a point is high up as 51°, if not beyond that point." The obscurity in Avhicli the geographical relations of the Oregon territory were at that time involved, might, to a certain extent, excuse the mis-state- ment of Mr. Rush on this occasion, for, as already observed, it has been subsequently ascertained that the source of the Multnomah is in about 43° 45', and that of Clarke's River, in 45° 30'; but Mr. Calhoun's statement involves an historical as well as a geo- graphical inaccuracy, which, under the circum- stances, seems to have been intentionally put forward, since it is repeated by Mr. Buchanan. It is pre- sumed that in the copy of the correspondence which has been circulated in the public journals, and which has been published in a separate form by Messrs. Wiley and Putnam of Waterloo-place, there is a misprint in Mr. Calhoun's describing Lewis' Ixiver as the principal northern branch, more par- ticularly as Clarke's River is immediately after spoken of as the great northern branch. Lewis' Kiver must evidently have been intended to be de- scribed as the principal southern branch, being the river on whicli the Shoshonee or Snake Lidians IMIJIA. and 18()G " These with the )resent. t, hiul set mi to the :h. on the tlmt the ultnomah :o a point :it." The hit ion 8 of involved, niis-state- is already lined that \° 45', and Calhoun's as a geo- c circiim- t forward, t is pre- nee which nals, and form by ace, there ig Lewis' nore par- ely after Lewis' to be de- 3eing the i Indians SUPPOSED TO in: Tin; TACOL'TcilK-TKSSK. 3*» T fish, andwliich the travellers readied on dcsceiidiiiL;' the Kooskooskce. Tliis inaccnraey may be passed over as an eri'or of the ])ress, but in res[)ect to tlic next assertion of Mr. Ciillioun, tlmt Lewis and Chirke followed this rivei' to its junction with tlic f/redt northarti hranch, wltich t/u'f/ culU'il C7if.rke\s JUver, it is not borne out 1)V the account which Lewis and Clarke themselves give. On Lridiiy, Sept. ('»., Cap- tain Clarke and his part > readied the first river on the western side of the Jiocky Mountiiins, to whidi they gave the name of t lai'ke\sliirer ( Tra vds,di. x vi i . ), running from south to north, and whicli, from the account of the natives, they had reason to su[)pose, after ffoino" as far northward as the liead-waters of the Medicine Ifiver (a tributary of the Missouri), turned to the westward and joined the Tacoutche- Tesse River. It must not be forgotten that the Tacoutche-Tesse, discovered bv Alexander Macken- [i''"'""'<^*'° zie in 171)3, was supposed to be the northernmost xortiiorn- branch of the Columbia down to so late a period |"."j[^,,^ ^,p as 1812. Tlius Alexander von Humboldt, in liisti.'i-'<-\)ium- NcAV Spain (1. i. c. 2.), writes: — "Sous les •') 4° „',„„. 37' de latitude boreale, dans le parallde de I'ile de •',<'"'it'^>«''^^^^ ■•■ ^ _ Si)aiii. la Keine Charlotte, les sources de la riviere de la Pale (Peace River) ou d'Ounigigah, se rappn^chent de sept lieues des sources dii Tacoutche-Tesse, que Ton suppose etre identi(pic avec la riviere de Co- lombia. La premiere de ces rivieres va a la mer du Xord, apres avoir niele ses eaux a celles du lac de I'Esclave et a celles du fleuve ^Mackenzie. La seconde riviere, celle de Colombia, se jette dans I'Ocean Pacifique pres du Cap Disappointment, au z f '$ ■It i I,/ f , 5 «, Ii f <^, •'^v?;. •>■:;■ ')'■ '' . *, LKWIS AND L'LA^fKK. ;io1 <«:k'brc vovnircur oy . O'vt Slid (le Nootku-Sonii'], dV.oriR Vancouver, sous lea 40° ID' de latitude* Mr. (a'eeuliow (p. 285.) says, " Tliree days after- wards they entered the prineii)al southern l)raiieh of the Cohuubia. to which they gave the name of Lewis : and in seven days more tliey reached the point of the confluence witli the kiiycr northern hretuchy enJled by them, the Clarkey Sucli, how- tli )f th 'Hers, wlio state .1: ■ I account t that, having followed tlie course of the Lewis River, they reached on the KJtIi of October its junction Junction of ^yjtli the ColunihUi li'iver (chap, xviii.), the course tlic- Lewis ^ , . , . , ^ , ' ,, witiitiic or which was " irom the north-west, as Captaui rive"!" '^ Clarke ascertained by ascending it some little dis- tance. They nowhere, throughout the account of their travels, call this nuiin river by any otlier name than the (,'olumbia : they nowhere sjjcak of it by the name of Clarke's River; it is a reflection on their memory to represent them as supposing that this great northern branch was the river to which they gave the name of Clarke, for they fully believed, when they reached the main stream, that they had readied the Tacoutche-Tesse of Mackenzie, and at the same time the Columbia of Gray and Vancouver, of which they considered Clarke's River to be merely a tributary. The names of Lewis and Clarke are totally unconnected with the great northern branch of the Columbia River, which was discovered and first explored from its sources in about 52° N. L., by Mr. Thomson, the surveyor or astronomer of the Northwest Company, in 1811. This is an important fact, inasmuch as the exclusive chiim of the United States was advanced Thomson. MU. lliOMSON. aay voyiigeur lays ut'tcr- rn brunch e name of aclied the r iwrtJiern It'll, how- Avlio state wis llivci", s junction the course IS Captain little (lis- account of any other 2 speak of reflection supposing river to liey fully cam, that ackenzie, Iray and Clarke's names of with the /er, which ts sources surveyor ipany, in ich as the advanced ill 1H24, to the territory as far north as 51°, ex- pressly on the n-i'ound that Clarke's liiver extended as far north as that parallel, or even Ijeyond that point, which is not the case. This northern branch, down which Mr. Thomson first [)enetrated, is enti- tled to be considered as the main branch of the Columbia, on the well-known principle that the sources UK^st distant from tin; sea are renjarded as the true sources of a river, accordin*;" to which doc- trine the name of Columbia has been in practice retained for this northern branch, whilst distinctive names have been given to all the southern tribu- taries. ]\[r. Calhoun continues to say, "and thence they (Lewis and Clarke) descended to the mouth of the river, wher(i they landed, and encamped on the north side, on Cape Disappointmeiit, and wintered^ The meaning of this passage might be doubtful, unless Mr. Buchanan had cleared it up by his ex- pression of "passing the winter of 1805 and 1806 on its northern shore, near the ocean." When it is remembered that it is the possession of the north hank of the river whicli is contested by the two parties to the negotiation ; and that the incidents of this expedition are formally alleged, on the side of the United States, as forming part of the ground-work of their exclusive title, and that the British nego- tiators have objected throughout to the alleged completeness of the title of the United States, on the express ground that it is at best an aggregate of imperfect titles, and that the distinction between a perfect and imperfect title is not one of degree, but of kind, it may not be unimportant to remark, z 2 ^v .C I.VW' 340 FORT CLATSOP. I: ,•■■;"■ • »•!■ }■ i ?:»•_ im:: Y- sop Levis and that Lcwis and Clarke passed the winter of 1805-6 Clarke's encamp, on the soutkeni shore of the Columbia, in an en- campment on a point of high land on the banks of the river Netul. It is perfectly true that, ha\ing proceeded down the Columbia as far the roughness of the waves would allow them, they landed on the north side on the 16th of Xovember, and encamped on the shore near a village of the Chinnook Indians, just above high-Avater mark, where Captain Clarke remained for nine days, until Captain Lewis had succeeded in selecting a favourable spot for their winter's encampment ; but the locality where they encainjjed and icmtered, ivas on the south side of the Columbia, amongst the Clatsop Indians, and from this \ery circumstance they gave to it the Fort ciat- namg Qf ji'Qj.f Clatsop, which is so marked down in the map prefixed to the travels of Lewis and Clarke, with the further designation of " The win- tering post of Captains Lewis and Clarke in 1805 and 1806." Had not Mr. Calhoun specified the locality of this winter's encampment as an element of the cumidative title of the United States, and had not Mr. Buchanan repeated the statement of his predecessor more explicitly, it would not have been thought necessary to discuss the circumstances so fully ; but as one object of this inquiry is to clear up the facts of the case, which, from the nature of the subject, are obscure, if this error of state- ment had not been pointed out, it might have tended to increase the existing intricacy of the question, more particularly when it has an oflS.cial character impressed upon it. It can hardly be supposed 10 be an error of the press, since Cape -. .n '! SKTTLEMENTS OF THE UNITED STATES. 341 of 1805-6 n an en- I banks of t, having •ouorhness ed on the encamped i Indians, in Clarke lewis had for their liere they th side of ians, and to it the i down in ewis and The win- in 1805 ified the element ates, and ement of not have mstances to clear nature of state- fht have of the n official irdly be ice Cape Disappointment, which is on the north bank, is referred to by Mr. Calhoun as adjoining the spot where they " encamped and wintered." The result of this inquiry cannot be better .^^'"•r"'^''"' J- »' nam scouu- summed up than in the words of ]\Ir. Pakenham's ter-state- ,,-„j-. T 1 T. . meiit. counter-statement: — " With respect to the expedition of Lewis and Clarke, it must, on a close examination of the route pursued by them, be confessed, that neither on their outward journey to the Pacific, nor on their homeward journey to the United States, did they touch upon the head- waters of the principal branch of the Columbia River, which lie far to the north of the parts of the country traversed and explored by them. " Thomson, of the British North-west Company, was the first civilised person who navigated the northern, in reality the main branch of the Colum- bia River, or traversed any part of the country drained by it. " It was by a tributary of the Columbia that Lewis and Clarke made their way to the main stream of that river, which they reached at a point distant, it is believed, not more than 200 miles from the point to which the river had been previously explored by Brought on. " These facts, the undersigned conceives, will be found sufficient to reduce the value of liCwis and Clarke's exploration on the Columbia to limits, which would by no means justify a claim to the whole valley drained by that river and its branches." Mr. Calhoun next proceeds to state the grounds Settie- on which, as alleged, priority of settlement was no the united less certain on the side of the L'nited States : ^'''***''*' z 3 ■ V.., r,:. if? ^■:1- I ■ ,v ..'f -^ '•'4,^-, ■■■, '; *'. i •i.'-'-* ^ ■■-■ Ik f ■ 342 MR. HENRY S TRADING TOST. Mr. cai- " Establisliineiits Avere Ibrinecl by Anieiicuii citizens statement. Oil tlic Columbia as early as 1809 and 1810. In the latter year a coinpaii}' was fonnecl at NeAV York, at the head of which was John Jacob Astor, a wealthy raercliant of that city, the object of which was to form a re":ular chain of establishments on the Columbia Iliver, and the contiguous coasts of tiie Pacific, for coiiimertial ])Hrposies. Early in the spring of 1811, they made their iirst establishment on the soutli side of the river, a few miles above Point George, where they were visited in July following by ]Mr. Thomson, a surveyor and as- tronomer of tlie Xorth-west Company, and his party. They had Ijeen sent out by that company to forestall the American company in occupying the mouth of the river, but found tliemseh'es de- feated in their oljject. The American company formed two other connected establishments higher up the river : one at the confluence of the Okane- gan with the north branch of the (^olumbia, about 600 miles above its mouth, and the other on the Spokan, a stream falling into the north branch, some fifty miles above." jMr. Calhoun, in making the above general al- lusion to establishincnts formed in 1809 and 1810, may be supposed to refer to a trading post founded Mr. Hen- j^y },[y^ Heni'v, oiic of tlic a^'cuts of the Missouri rv's tradmg / *' i i i • i . j><)st. iMir Company, on a branch ot the Lewis Kiver, the great southern arm of the Columbia. This post, however, was shortly abandoned in consecjuence of the hostility of the natives, and the difficulty of obtaining supplies. (Greenhow, p. 292.) It would, however, be rather an overstrained statement to Mil. ASTORS ADVENTURE. 343 I citizens no. In at New h Astor, of which lents on .'oasts of ly in the lishment es above in July and as- and his company jcupying 3lYes de- ;ompany higher Okane- a, about on the branch, leral al- id 1810, founded V[issouri ver, the lis post, lence of iulty of would, nent to describe this hunting station as an establishment formed on tlie Columbia, considering its very great distance from the junction of the Lewis River with the Columbia. Mr. Calhoun, however, may be alluding at the same time to the undertaking of Captain Smith, in the Albatross, in 1810, who is ^,';,';;j!^ said ])y Mr. Greenhow to have attem])ted to found ""'j'^''- ^. . 1 • 1 taking. a tradnig post at Oak Point, on the south side of the Columbia, about forty miles from its mouth, and to have almost immediately abandoned the scheme. Such an attempt, however, can hardly be entitled to tlie character of a settlement. Be- yond these two instances, it is believed tliat there is no occasion on record of the presence of citizens of the United States on the west of sid : tlie Kocky Mountains, during the years 1809-10, wliicli could give rise to the supposition of an establishment having been formed by them. In respect, however, to ^Ir. Astor 's adventure, the ^['■•^stor's I ' ^ ' adventure. Pacific Fur Company was a mere mercantile firm, the formation of whicli originated with Mr. Astor, a German by birth, and ultiinr.tely a naturali^eu citizen of the United States. Tlio original company was formed in 1810, and, acct>! iiiig to Mr. Washington Irving, consisted of M\ . .vstor himself, three Scotch- men, who were liritlsh subjects, and one native citizen of the United Stales. Three uiore Scotcli- men and two more citizens of tlie United States were subse(|uently admitted, so that the majority of the company were British yulyects, and they had received an express assurance fron^ ]\Ir. Jackson, the British Minister at Washington^ that " in case of a war between the two nations, they would be z 4 .C"' i' 1 ■' ;,'K;: ir:'. iF' ■/■'' ' *■.'■'■ ■- .. ^f'-l ■1 ' ' ■ ■ vi. i'J:a- ■■!,i. ({,'■,'•■ l.iV • ' ■■'til m^ 344 ASTORIA NOT A NATIONAL SETTLEMENT. Astor ■■'r respected a.^t British subjects and merchants.''^ (Green- hoAV, p. 295.) Mr. Astor stipulated to retain half the shares for himself, and in return to bear all the losses for the first five years, during which period tlie parties had full power to abandon and dissolve the association. A detachment of the partners arrived at the Columbia Kiver in 1811, and formed a trading establishment on the southern bank of the river, on Point George, not far from the mouth, which they named Astoria. Mr. A\^ashington Irving, who had his information from Mr. Astor himself, terms their establishment " a trading house." (Chap, ix.) Not long after their arrival they re- ceived information from the Indians, that the North- Noitii-wcst west Company had erected a trading house on the Company, gp^i^r^jj llivcr, wlucli falls iiito tlic uortli branch of the Colinnbia, and tliey were preparing to dispatch a rival detachment to act as a counter-check to this establishment, when Mr. David Thomson, with a l^arty under the protection of the British flag, having descended the Columbid from its northern- most source, arrived at Astoria. On his return Mr. Stuart, one of tlie partners of the Pacific Fur Company, accompanied Mr. Thomson's party a considerable distance up the Columbia Piver, and established himself for the winter at the junction of the Okanegan with the Columbia, at about 140 miles from the Spokan Piver ; here Mr. Stuart, according to Mr. Washington Irving, considered himself near enough to keep the rival establishment in check. It would thus appear that the earliest settlement on tlie S]iokan Piver was made by the North-west Company, and from Mr. AVashington Irving's ac- NT. (Green- tain half ir all the h period [ dissolve partners d formed bank of e mouth, n Irving, himself, house. " they re- le North- ;e on the )ranch of dispatch i to this with a ish flag, lorthern- return ific Fur )arty a iver, and ction of 40 miles :cording elf near check, ment on th-west no's ac- TREATY OF FLORIDA. 345 count, seems almost to have preceded the foundation of Astoria ; for whilst the Astorians were occupied with their building, they heard irom the Indians that white men " were actually building houses at the Second Kapids." If, however, it was not ante- cedent, it was at least contemporaneous. It can hardly be contended that the settlement Astoria not . , , , ii national at Astoria had a definite national character, much settlement. less that it could impart the national sovereignty of the United States to the territory, wherein it was established. The Astorians might perhaps main- tain their claim to the domain (dominium utile), but that they should set up a title to the sove- reignty (dominium eminens), or be held to convey a title to any state which should choose to assert it through them, is not conformable to the practice of nations. But the plenipotentiaries of the United States contend that they have an exclusive title to the entire valley of the Columbia, by virtue of this settlement. Spain, however, did not admit this title in the ne.TOtiations preceding the Florida 'rj'^,'^''.'^;''^ '^ 1 o .of Honda. Treaty, nor did the United States venture to set it up. When Don Luis de Onis, in resuming the negotiations, pi'oposed, in his letter of January IG. 1819 (British and Foreign State Papers, 1819-20, p. 565.), to concede, on the part of his Catholic Majesty, as the boundary between the two states, " a line from the source of the ]\Iissouri, westward, to the Columbia River, and along the middle thereof to the Pacific Ocean," and trusted it would be accepted, as presenting " the means of realising the President's great plan of extending a navigation from the Pacific to the remotest points of the .V:: ^} f"'. . !• ('■ <:"' '.•* ^ vi:^ '■ ; >■ > f.TV,. '• 't ; t ''■;';,\ J, [,. ;-J ,1) ! ' ■' * '■ ■j - ' . , ■;■. (■ r "!■ .1, ■M ' * ' '. K ■ i _ i ■ij; i' ; -'■« M • |>| . • t . -, ♦ >. ■. ,Ui ■ , ■>'••''' '. Ati i I:.;,: H^ ■ i ^'H'r 346 THE NORTH-WEST COJH'ANV. northern seas, and of the ocean," no clahn was ad- vanced to the valley of the Columbia ; but ^fr. Adams briefly stated, in reply, that " the proposal to draw the western boundary line between the United States and the Spanish territories on this continent, from the source of the Missouri to the Columbia River, cannot be admitted." Again, when the Spanisli commissioner, in his letter of February 1. 1819, stated that, " considering the motive for declining my proposal of extending the boundary line from the Missouri to the Columbia, and along that river to the P.acific, appears tu bo the Avish of the Presi- dent to include within the limits of the Union all the branches and rivers emptying into the said River Columbia," and proposed to dra^vv the boundary along the Riv or S. Clemente, or Multnomah, to tlie sea ; and delivered u project of a treaty, in whicli it was stipulated that his Catholic Majesty should cede all the country belonging to him eastward of the boundary line to the United States ; no original title to the entire valley of the Columbia, no claim to the settlement of Astoria, as a national settlement, was advanced by the United States : yet Astoria was on the we. ^ern side of tiie jMultnomah or Wil- lamette River, as it is now called, and Avas assumed in both the above proposals to be beyond the limits of "the dominions of the Republic." Astoria Ast< -ria passed into tlie hands of the North-west sold to the , ^ , ^ North-west ComjtaTjy by peacc;ai)le transier. It Avas sold by ompany. ^|^^ partners resident in the establishment, after they had dissolved the association, Avhich, by the terms of the contract, the parties had poAver to do. Wlien Captain Black, in his Britannic Majesty's i^ THE UNITED STATES IN rOSSESSION OF ASTORIA. 347 was titl- '. Adams to draw id States lit, from a River, Spanisli .. 1819, eclinirio- o ne from at river 3 Presi- 1 all the d Kiver )undary , to the 1 which should vard of )riginal claim emeiit. Vstoria )r Wil- sumed limits i-west Id by after )y the to do. esty's sloop-of-war the Racoon, arrived there in 1813, he did not capture Astoria, for it was not the property of an enemy, but he took possession of it in the name of his Britannic Majesty, and hoisted the British ensign ; thereby formally asserting the sovereignty of Great Britain over the property of British subjects. In 1818, the government of the Jiie United United States was formally placed in possession of placed in Astoria ; and this was the first occasion on which of Astoria. an act of sovereignty was exercised by that l*ower. Mr. Calhoun states that this act " placed our pos- session where it was before it passed into the hands of British subjects." On the contrary, it placed Astoria in the hands of the government of the United States, in which hands it had never been before : for, antecedently to the transfer to the North-west Company by purchase, it was in the hands of an association, the majority of which were British subjects, who could not, according to any received principle of international law, be held to have represented the sovereignty of the United States. It was admitted by Lord Castlereagh, in the dis- cussions with Mr. Iiush antecedent to the restora- tion of Astoria, that the United States were enti- tled to be reinstated there, and " to be the party in possession wliUst treatimj of the title.'''' At that time the United States had confined their claims to the restitution of a post, which, as they asserted, " had been established by them on the Columbia Jliver, and had been taken during the war, and conse- quently came within the provisions of the first article of the Treaty of Ghent." Mr. Bagot, in b/' A: icy. ^ -■.•, 348 ♦ , ^ ' *v ."•,;. ';■'•* : f-V; ;'4 * ■ .■* J ",-. ' .■ « ,■ '• 1'^ .<■ M 'i ' ■:'?' *' ' i ■'.<■■' . '■■;'* ■ -it 'f;i ■1' t.L .;?• ...ii;r ■ ' t - ■ i' - r ;« -.•;!! ^ * • f " ''•i> Mr. Cal- ■ lioiin's 1 argument . ■*■' "• ■• ' r;', • . '-.Mil ■■>■ » i'' ■ ,•-. „ .¥ >■ • ^ ■ ':i^ ' '■ '. .# THE POSSESSION OF THE SETTLEMENT his reply to ^Ir. Adams, of 26th November 1817 (British and Foreign State Papers, 1821-22, p. 461.), stated that, " from tlie reports made to him, it appeared that tlie port had not been captured daring the late war, but that the Americans had retired from it under an asfreement made with the North-west Company, who had purchased their effects, and who had ever since retained peaceable possession of the coast." The whole discussion was thus evidently limited to the settlement at Astoria; and Lord Castlereagh admitted, on the statement of the United States, that they had a prima, facie claim to be reinstated in the post, in conformity to the provisions of the treaty, and to he the parti/ in j^ossessmi ichiht treating of the title. Mr. Calhoun, in the further course of his argu- ment, contends that, after this admission on the part of Lord Castlereagh, the Convention of 1818 " preserved and perpetuated all our claims to the territory^ including the acknowledged right to be considered the party in possession ;^^ and Mr. Bu- chanan, in still more explicit language, maintains the same position. " He claims, and he thinks he has shown, a clear title, on the part of the United States, to the whole region drained by the Columbia, ^vith the right of being reinstated and considered the party in possession, ichilst treating of the title ; in which character he must insist on their being con- sidered, in conformity with 2>ositive treaty stipula- tions. He cannot, therefore, consent that they shall be regarded, during the negotiations, merely as occupants in common with Great Britain. Nor can he, while thus regarding their rights, present a NT DISTINCT FUOAI THE TEURITORV. ;U9 iber 1817 11-22, p. le to him, captured cans had with the sed their peaceable liscussion ement at I, on the ey had a ! post, in y, and to 'he title. his argu- 1 on the of 1818 ns to the it to be Mr. Bu- laintains hinks he United 'olumbiaj lerecl the title ; in ing con- tipula- ey shall 3rcly as Nor can esent a counter-proposal, based on the supposition of joint occupancy merely, until the question of title to the territory is fully discussed." This argument is essentially unsound throuf?hout. The title of the Confusion United Jbtates to possess tlie settlement, in other tioment words, 7U)t to be crduded from the territory^ is Territory, strangely confounded with the title to cvducle the British from the entire territory. These titles are assumed to be identical, being most distinct. Great Britain does not require to be considered as an occupant in common of Astoria : the United States were never admitted In/ positice treaty stipu- lations to be the party entitled to be considered in possession of the ichole region of the Columbia., which Mr. Buchanan maintains to have been con- ceded by Lord Castlerengh. But Great Britain docs require to be considered as an occupant in common of the region of the Columbia., and the United States is entitled to the riglit of adverse possession as far as the settlemetit at the moutli of the river on its south bank is concerned. What, however, is the effect of such a right of possession ? Simply that, as far as the settlement of Astoria is concerned, it is not necessary for the United States to prove its right of dominion. Its riglit of pos- session is a valid right, unless a right of dominion can be established by some other Power. But Great Britain asserts no right of dominion, — she does not claim to evict the United States from its actual possession, — but, as she claims no exclusive title for herself, so she recognises no exclusive title in any other Power. The principle of a mutual right of occupancy of the territory was admitted. ■ \ • il '.', w '• t- ■ .I ^ . 'J \..> \'':~ i.:v. '* .jfe^ •$ U-'- ■' 1 ■• ■ ■ '^ -B i nS ■ '■■ \:^( •^v: .ft',; : ■ ■ ■«,i ' '• . ■.'i '■h' ■■■ ■4" ^ * , ,'", v,ir' '.;■!.*■. v.i- •iri .. V , ■' ','■"' ■'. S ■ V' ■ "i u m ■'\ '-'■•}■■: v" J T ■ >#.• n f-.k'A p:?-;r ■ it it 350 POSSESSION SUB MODO. when it was agreed tlitit the United States should be phiced in possession fiiib tnodo, whilst treating- of the title. The question, however, between the two tion at issue governments was not one of lau\ but oijuct. Issue in 1818. j^^^^j j^^^^j^ joined in the previous letters Itetween the Secretary of State and the Minister of Great J*>ri- tain, at AYashington : whilst the former asserted Astoria had been captured during the war, the latter maintained that it had passed into the hands of the North-west Company by peaceable purchase. The United States asserted that Astoria had be- come a British possession by virtue of the jus belli^ the operation of which was in this case expressly suspended by the first article of the Treaty of Ghent: on this plea they claimed that it should be restored to them. Great Britain, on the other hand, mahi- tained that it had passed into the hands of the Northwest Company by peaceable purchase : on this plea they contended that the United States Avere not entitled to demand its restoration. When, therefore, the United States acquiesced in the pro- posal of Lord Castlereagh, they admitted the legal effect of the fact asserted by Great Britain, if it could be substantiated. They thus admitted the common right of Great Britain to form settlements, by agreeing to treat of the title on the ground alleged by Great Britain, precisely as Great Britain admitted a corresponding right in the United States, by agreeing to discuss the alleged fact that Astoria had passed into the hands of the British jure belli, by which it was implied that it had been antece- Mr. Rush's (j(3ntly a possession of the United States. We thus find in the negotiations of 1818, which terminated Pl'r?ri^:; ^FR. nrCIIANAN S ASSKUriON. 351 Statos should 1st treating of tween the two oiy<(ct. Issue s Itctween the of (ireat J^ri- ['ixiQV assorted the war, the uto the hands ible purchase, itoria had be- f the jus belli, }ase expressly eaty of Ghent: Id be restored r hand, main- hands of the purchase : on jnited States ation. When, id in the pro- ted the legal Britain, if it admitted the 1 settlements, the ground Ireat Britain |Jnited States, that Astoria lish jm^e belli, Ibeen antece- is. We thus 111 terminated in the Convention of the 20t}i October, concluded fourteen days after the actual restoration of As- toria, that Messrs. Gallatin and Rush nowhere hint at an exclusive title in the I'liited States. " AVo did not assert," they say in their letter to Mr. Adams, of ()ctober*^20. 181H, "that tlie I'nited States had a perfect ril IMAGE EVALUATION TEST TARGET (MT-S) A ^ d> LL 1.25 hi 12.8 |50 '"^" ^ i:a IIIIIM IIIIM U IIIIIL6 V] ^> 4y ^' /A ^' 'J '/ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503 ) y. ^ i ■ ■■ * 'V , , y • *''^' ■'-■ ' •■ ''J, ''''!>.■ ■ ^ '■' p /k s ■ , '-f ! ' ■ ■ ',3' {.>;■' t •> .& ■.>■■■ A i' .' ' '■! c-' I.* T ■■ ' I .*, • ' 1. ; < >«> •■■,';^ ■; ■; ^'? '. \ r:, •''vV, , V. !f »* 1 ■ ,*t ;' ■ " x ) '.)• , \ ^•^ ■ J.. ... -li W"' . t .-» • ^ !.^'^' ■.::ia ^^i; t • J, 1- "^Ht. .■X '^p, . ',1 ' • ■^ "*'"■' ,' > . -'^i .► ' ■ ".' ■ ' J (,.' . -^ .)• ». -» 'iV ■ ;^ '►- ,- ■1 if 4 tr t Tlic tk-ri- vativL' title of Spain. I 7; ^ ?)52 THE NOOTKA CONVKNTION. portion of tlie torritoiy in clispntc. A convention between (Ireat liritain and Spain, originating from a dispute concerning a petty trading establishment at Nootka Sound, could not abridge the i-ights of other nations. IJotli in public and private law, an agreement between two parties ctui never bind a third, without his consent, express or implied." ^Ir. Jiuchanan thus appears dis[)osed to renounce the derivative title of Spain, upon which, as com- pleting the defects in the original title of the United States, considerable stress had l)een elsewhere laid, t"iu"v ofti.e " supposing the Ib'itish construction of the Nootka Unitoii Convention to be correct : " in other words, the States. . . . ^ . . commissioners of the United States claim to avail themselves of the provisions of this convention, if they can be made to support their title, but to re- pudiate them, if they should be found to invalidate Efloctsof it^ which of course is inadmissible. But when Mr. the Nootka ,. , . . ^ Convcii- iuiclianan says, " .V convention between Cireat ^'""" Britain and Spain could not abri(f(/e the riijhts of other nations^^'' though the proposition be abstractedly true, yet on this occasion it does not a})ply. First of all, because Great Britain, in recognising the right of Spain to make settlements on the north- west coast in places not yet occupied, did not either at the time of the convention, or subsequently, recognise such a right as an exclusive right in respect to other nations. Secondly, because Spain, in recognising the right of Great Britain to make settlements in an analogous manner, did not thereby declare other nations excluded from makiig settle- ments ; in fact, there is not a single word within "the four corners" of the treaty, which can be CLAIMS OK Tin: TWO GOVF.nXMKNT.s. 3r)3 iiiveiitioii ino; from )lishiiieiit I'iglits of e luw, an :r bind ji lied." renounce , as com- ic United liero laid, e Nootka jvds, the I to avail cntion, if »ut to re- nvalidate vhen Mr. ;n Great ritjhts of tractedly First snig the e north- ot either iquently, right in >e Spain, to make thereby 1^ settle- within can be lield to al)rid'>c the rjnlits of other nations. Thii'dly, iK'canse the Tnited States, at the time when the convention was conchided, liad no othci' right than tliat of making scttk'ments, wliich(ireat liritain has never once maintained that the Nootka Convention abridged, nor docs it at this moment contend so. If, on the other hand, the Inited States had an exclusive title to the valley of the ( 'olnndjia before tlie Treaty of Florida, or in otlier words, as asserted in 1S24, to the entire territory between ')\° and 42^, and that title existed indeiiendeiitly of its pro- visions, it is (liiticult to understand the ol»ject of the protracted negotiations between Don Luis de Onis and Mr. Adams, wliich resulted in his Catholic ^Majesty first withdrawing from the IJocky ^loun- tains to tlie Columbia Iviver, tlien from the Columbia to the Multnomah or AVillamette Iiiver, and finally ceding all his rights, claims, and pre- tensions to the territory north of the i)arallel of 42°. Mr. Buchanjin's position is untenable in the lace of the negotiations antecedent U) the Florida Treaty. The original title, however, of the Fnitcd States, (.n n^st of ^ . ^ , . o ^ ^ ' till' il:nnis does not satisfy the recpurements ot the law ol«itiKtwo nations, in the extent in which it is maintained to j'^,'^).'^"' be effective. Let it be kept in mind that Great l*)ritain has never claimed the exclusive privilege of settling on the north-west coast of America, to the north of the parts occupied by Spain, but she main- tains her right not to be excluded from any places not already occui)ied. The United States, on the other hand, are not satisfied with claiming a right to make settlements, but they assert a right to ex- A A i!'. k\ '"' • ; • ..' .> • * ■ ^ 'v • ,!» I \,\ ' ',».' ■' '•'* J *N.' r-^ * » ..!- S ' ' -^ '•^ ' « i. ' ' •* '' J 1 » ■ .'.', \ *' •( ■■' ; '4 V. '. .D 5 '■■' 1 • r ^ .-,* ■('■■■ ■ • ■«•< V '' ;• '' ^ .' "* ''* * • - •. T. ' K .<. ^V: 'i: ■>■•• *« .■'.'•( i/ ■ - ■ -J? ;a;'^ ^, •',».■ ' ■ ' • •^; ;fi,;;;' ', ■ 1 yf*,' .- , 'a Rfif * i ■ 1 -* pf' '} '^■■.^ .. .f, ij. ri?i. ■'C .i;:,. ,\f-; . ' . ■ -i'V'^ .* < "». .IVV. •>■ * 354 Mr. Cal- liDun'saiU mission. '>■ ■ ■ t i. Original title of till United ^.'t' , ' \ States. A| ■ ■>.. Not an ex ► A elusive "' it title. ■I :$t K ' * J * ■1 ORIGINAL TITLE OF THE UNITED STATES. elude Great IJritain from making settlements, and this, too, by virtue of an act performed by a private citizen, without any commission from the state, subsequent to tlie time when the right of Great Britain to make settlements had been formally re- cognised by Spain in a solemn treaty, and was thus patent to the civilised world. This very act, however, Mr. Calhoun admits to be defective for the purpose of establishing an ex- clusive title, when he says, " Time, indeed, so far from impairing our claims, has greatly strengthened them since that period, for since then the Treaty of Florida transferred to us all the rights, claims, and pretcmsions of Spain to the wh< le territory, as has been stated. In consequence of this, our claims to the portion drained by the Columbia Kiver, — the point now the subject of consideration, — have been much strengthened by giving us the incontestable claim to the discovery of the river by Ileceta above stated." It is thus admitted, that the first entering of the River Columbia by Gray was not a discovery, but an exploration. There can be no second discovery for the purpose of founding an exclusive title. Heceta's discovery is incontestable for the imrpose of barriny any subsequent claim by discovery, and the original title of the United States, resolves itself into a title founded upon the first exploration of the entrance of the Columbia from the sea, and on the first exploration of its southern branches from the Rocky Mountains. Such a title, however, can neither from the nature of things, nor the practice of nations, establish a right to exclude all other nations from every part of the entire valley of the TF.S. ents, and a private he state, of Great •mally re- aiid was admits to ng an ex- d, so far ingthened Treaty of 5, claims, ritory, as )ur claims Kiver, — 1, — have contestable ta above ng of the -evy^ but discovery ve title. ) jnirpose v'/'y, and ves itself on of the d on the rom the ^er, can practice dl other y of the l.Ml'KllFKCT TlTl.K OK SPAIN. 3 ao Columbia. On the contrary, the assertion of such a right is altogetlier at variance with the coiiiify of nations^ on which alone title by discovery rests. Tor, if the United States maintain that the discovery of the Columbia lliver, for the purpose of establishing a territorial title, dates from the enterprise of Gray, they set aside the discovery of Heceta, in opposition to the comity of nations; yet it is upon this veiy comity of nations that they must rely to obtain respect for their own asserted discovery. But when ]\lr. Calhoun maintains that, by the Florida Treaty, the title of the United States was much strciKjtliened by the acquisition of the incon- testable claim to the discovery of the river by Heceta, he admits that the title of the United States was an wiperfect title before that treaty ; for a perfect title is incapable of being strengthened, — e.vchisiveness does not admit of de ,i:>^. is: •■: Vi! 1'- .■ ■ ■i r< ■ < # 350 NOOTKA CONVKNTION. w ■ ■■«,■ ■■ ._» cv;': ji-, J ,-^.^ 1 i. -* ?,•■'■ ■» ■3 ■■*■■/ ■ ■'t ■'•:.V. I .■ tioii. 1 ^» <; -'" Mr. 15ii- ■"•« cliaiiairs #y stiiteiiient with Great Britain, independently of other consider- ations which -were duly weighed at the conclusion of the Nootka Convention, requires only to be stated in plain language to carry with it its own refutation. N\. li-iits The effects of the Nootka Convention, or rather fi'irN'M.t'ka Convention of the Kscurial, have already been dis- ("onvL-n- (.^i^gcJ j,^ iiic ^yy^y preceding chapters. ^Ir. Bu- chanan, in his letter of July 12. 1845, says, "Its most important article (the third) does not even [/rant in alflDiuitlve terms the ri(/ht to the contracting parties to trade with the Indians and to make set- tlements. It merely engages in negative terms, that the subjects of the contracting parties ' shall not be disturbed or molested' in the exercise of these treatij-priv'de.■ ' • _ r - ' t ' , r'.' ■ i > ' ■p? Examina- ■'. ,;,■ tion of tliu 'Ik. '^ , , arguinuMit. *?w.^ •,*(;■. ;;V":' :k.. ^ .» ',s • >;^' ' ' iv ; ■ -^v;. { . \'.-:. ■■ '. if.. r^-^v. r',.. «•■ '. ■ ■■'. ^■'/ iV' ^t; .V. y ,i n '■ rEHlflTOHIAL lUGllTS. treaty, and the British plenipotentiary must Tail in the attempt to prove that it eontains 'an admis- sion of certain principles of international law ' which will survive the shock of war." Almost all the toi)ics in the above passage have been already discussed in the two previous chapters, as they were very dexterously urged by the com- missioners of the United States in the course of the previous negotiations ; so that a detailed examina- tion of them on this occasion will not be requisite. The first article, however, does contain an acknow- ledgment of prcvioushj suhsistimj territorial ritjlits^ for it was agreed that t!ie huiblinjs and tracts of land, of which the subjects of his Britannic Majesty Averc dispossessed, about the month of April 1781), by a Spanish officer, shall be restored to the said British subjects." This article of the treaty, when placed side by side with the declaration on the part of his Catholic Majesty of an exclusive right of forming establishments at the port of Nootka, and with the counter-declaration on the part of his Britan- nic Majesty of his right to such establishments as his subjects might have formed, or should be de- sirous of forming in future, at the said bay of Nootka, cannot but be held to contain an acknow- ledgment on the part of Spain of a previously sub- siisting territorial right in Great Britain. In re- spect to its provisions for the future, and to the interpretation which the commissioners of the United States have sought to aflix to the word " settlement," namely, that mere trading posts or factories were contemplated, it has been shown in the previous chapters, that, from the language of iniUATKs IN 'iiiK liinrisn i-akliamknt, :\:^\) list lail I utlniis- al law ' ge liavc hapters, lie coni- ;e of the xamina- 3qiusite. acknow- l ri(/hts, of land, 5ty were SI), by a British I phiced t of his formino; id with Britan- leiits as be de- bay of cknow- ly sub- Ill re- to the of the e word osts or Dwn ill lage of tlie treaty itst-lf, in wliieli the word " scttlciiicnts" is, in thive other phice^j, employed to dc'si;znatc ter- ritorial possessions, and from the I.V p. ll(j(K) Mr. Fox's eliicl' ertiisc ol" coiiipliiiiit Ji^aiiist tlie treaty was, tliat it was a treaty of concessions on tlic ])art of (Jrcat llritain, and not of a:(|uisiti()ns: and wlieii jNFr. (Jrcy, in tauntin,u^ tlie Minister, complained, as instanced l>y Mr. lUi- clianan, " tliat ■where "we might form a settlement on one liill, the Spaniards might erect a fort upon anotlier," lie in fact complained, not that we had not maintained a riuld to form territorial settle- ments, and to exercise acts of sovereignty in them, but that, we had not asserted tliis riglit so as to exclude the Spaniards entirely from the country. Reference has been made to these debates in the liritisli Houses of Parliament, ratlier to illustrate than to prove the fact of the treaty having been regartled in Ji very different light from a mere temporary engagement, by those who contended that Great Britain had conceded more advantages Mr. ritis tlian she had acquired. Mr. Pitt, indeed, denied 'Mr. I'oxs positions, and in answer to them main- tained, " that though what this country had gained consisted not of new rights, it certainly did of ncAV advantages. AVe had before a right to the Southern Whale Fishery, and a right to navigate and carry on fisheries in the Pacific Ocean, and to trade on the coasts of any part of it north-west of America : but that right not only had not been acknowledged, but disputed and resisted : whereas, by the conven- tion, it Avas secured to us — a circumstance, which, though no new right, was a 7iew advantage" That the condition of intermixed settlements, in regard to unappropriated lands, is clearly recognised by the law of nations, as consistent with the full and ab- t\-\i •Ollljllillllt trc'Mty of uiid not tiuiiitiii^u^ Ml-, r.u- .'ttlLMllCllt ['ort upon t we had 111 settle- in them, so as to countiy. -'S in tlie iUustrate ing been a mere 311 tended vantages denied m main- d gained of new outhern id carry rade on merica : dcdged, conven- which, That regard 1 by the and ab- I Mi:, rirr.s dkclauatiov. sohiti' ind('|)cndi'n('e ot" two separate iialioii>, has been already shown l)y referenet' to ackiiouK'dged authorities on international law, so that Mr. Uu- chanan's entire argument appears to have been ad- vaneed I'ather u[)on speeious than solid grounds. There are several other arguments in the corres- pondenee of the Commissioners of the I'nited States that might deserve attention, were it not that the discussion would exceed the contemplated limits of this work, which has i)robably already attained too large a bulk. It has, however, l)een found im- possil)le to compress the imiuiry within narrower bounds, without incurring the double risk, on the one hand, of ap})earing to those who are iini)erfectly informed on the subject, not to have given sutticient consideration to the arguments of the Commissioners of the United States, — and, on the other hand, of causing to those who are well acquainted with the facts, some dissatisfaction by too cursory an ex- posure of the unsoundness of those arguments, liesides, the course adopted has been thought to be well warranted by the importance of the (jues- tion, and to be at the same time more consistent with the resjiect due to the distinguished nego- tiators. ;iiii '4"'. , 302 ciiArTKi: \\\n. UKVIKAV OF THK tlENKHAL QUKSTION. S M - 14- -IS ' if ^A- IVosiiinptioii in Favour of tlie Common J!ij,'lit of (Jroat JJritiiin. — No exclusive Rights in Spain or tin; I'niti'd States. — t't)nvontion of 1818. —Convention of 1827. — Mr. Rush's A(hnissi: an exclusive title in the United States, antecedent to their acquisition of the Spanish title by the Treaty of Florida, because she had recognised in 1790 the right of Spain, in common with herself, to settle in any places of the north-west coast of America not as yet occupied : whilst she could not recognise the rights which de- volved to the United States from Spain, in 1819, as exclusive rights, in the face of her previous ad- mission that the United States were entitled to be considered as the party in possession of Astoria whilst treating of the title, and in contravention to the third article of the Convention of 1818, which was grounded upon the basis of both the United States and Great Britain, as well as other Powers, No cxciu. liavino^ at that time claims to the covmtry. In fact, in Spain or Grcat Britain had acknowledged the common title States. of Spain before the time when the United States assert their own exclusive title to have commenced; and she had acknowledged the common title of the United States, pending the continuance of the re- cognised title of Spain : so that slie is precluded I v CONVKNTION OF I hi IK. Hfij cctlcnt to Spanish rights on rio vigor a ainst the it suppo- tes could t be two 'he same •essly cle- m of the ;le in the Lsition of , because Spain, in es of the ccupied : diich de- in 1819, ious ad- ed to be Astoria ntion to , which United Powers, In fact, on title States jnenced ; of the the re- cluded from rocofrnisi!iir tlie title of citlicr state to l)e nn exehisive (jne, if she were even disposed to do so, by her own previous acts. On the other hand, the United States themselves ,'ts fr< .'t- are precluded by their own previous acts trom se ting up either their own original title, or their de- rivative title from Spain, as an exclusive title. I>y the convention, si<]fned at London, of October ^""J"'!*'*'" 20. 1818, it was agreed in the third article, " that any country that may be claimed by either party on the north-west coast of America, westward of the Stony Mountains, shall, together with its har- bours, bays, and creeks, and the navigation of all the rivers Avithin the same, be free and open for the term of ten yenrs froTn the date of the present convention, to the vecsels, citizens, and subjects of the two Powers ; it being well understood that this agreement is not to be construed to the prejudice of any claim irhich either of the two contractiiuf partiest may have to any j^ort of the said country^ nor sliall it be taken to affect the claims of any other Poirer or state to any part of the said country ; the only object of the high contracting parties, in that re- spect, being to prevent disputes and differences among themselves ^ This article, in its very terms, imi)lics the re- nunciation by both parties of an exclusive right to the entire territory, not merely in reference to each other, but still further in reference to other Powers. Bvthe convention, signed at London, of August t'oininti 6. 1827, all the provisions of the third article of the Convention of 1818 were indefinitely ex- tended, subject to abrogation, at the option of '•V '-''• I lUll r-. ■f- V'-t ■■ i t.' • ^ ;■.• n 306 CESSION OF ASTOUIA. m m citlier party, upon twelve months' notice ; and by tlic third article it was stipulated, that " 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 party may have to any part of the country westward of the Stony or Rocky Mountains." Mr. Rush's What those claims were on the part of the a mission. ]jjj^gj Statcs at the time of the Convention of 1818, was explicitly stated by Messrs. Gallatin and Rush, the Commissioners of the United States, be- fore it was concluded. In their letter to Mr. Adams, of October 20. 1818, which commences "with these Avords, " We have the honour to transmit a convention, which we concluded this day with the British plenipotentiaries," they state in reference to the negotiations, " We did not assert that the United States had a perfect right to that country (i. e., the country westward of the Stony Mountains), but insisted that their claim was at least good against Britain." In other words, the plenipotentiaries on the part of the United States, at the first opening of the negotiations re- specting the definitive adjustment of the mutual claims of the two parties westward of the Rocky Mountains, which has been a subject of subsequent negotiation on three separate occasions, 'tnited their claims expressly to an imperfect rigiit, — a Astori" °^ right in common with Great Britain. They had already, in assenting to be placed in possession of Astoria "whilst treating of the title," according to Lord Castlcreagh's agreement, as recorded by ;e ; and by " nothing lird article 18, hereby impair^ or ther party estward of Lrt of the ;^ention of illatin and States, be- jr to ^Ir. ommences lonour to luded this s," they Vq did not •'feet right ird of the eir claim er words. United itions re- mutual le Rocky bsequent ' mited [•igiit, — a 'hey had jssion of ccording- rded by STATICS ANTE HELLUAF. Mr. Rush, admitted the common rigid of Great Britain to possess settlements in that country. The United States had contended that Astoria had be- come a British possession jure belli, and Great Britain had covenanted by the first article of the Treaty of Ghent to restore all her acquisitions made jure belli. Great Britain, on the contrary, had maintained that Astoria had passed into the hands of the North-west Company by peaceable transfer. In asreeino; then to treat of the title, the two parties agreed to discuss these two facts, the former implying the common right of the United States to make settlements, the latter, the common right of Great Britain. It was idle to enter into an inquiry into the respective truth of the alleged facts, unless it followed that the title of the party that could substantiate its statement would there- by be at once established. This however, implied a possibility on either side of a rightful title, on the side of the United States by the Treaty of Ghent, on the side of Great Britain by the Law of Nations. The United States relied upon the status ante bellum, the lawfulness of which, in this particular case, was admitted by Great Britain's consenting to entertain such a title ; Great IJritain rested on the received principles of international law, according to which her subjects, in common with those of other states, were entitled to make peaceable acquisitions in such parts of the north- west coast as were not yet occupied by any other civilised nation, which the United States could not gainsay. After the consent of both sides to treat of the title upon this footing, it is out of the ques- 367 i'. 'K: ^u» .^f • : ■ •• :^>^ 'm^ 'i:: Ij;^'^ m '^s ■■>'^' if:' ■'■-■ ^Z', Coursp of the lU'guti- utioiis. Mfssrs, lltisli and 3G8 COUUSE OI' THE NEGOTIATIONS. tion to suppose that it is competent for eitlior party on the renewal of negotiations to set up an exclusive title : such a proceeding would be essen- tially (Kjgrcsdve in its 'character, and would be altogether inconsistent with the tacit admission on both sides, when they agreed to entertain tlie consideration of each other's title. Let us now proceed to examine Avhat has been the conduct of the two parties throughout the course of the various negotiations. It having been expressly stated in 1818, by oaiiatiii in ]\Iessrs. Rusli and Gallatin, that the United States did not assert a perfect riijht to the country^ Mr. Ivush, in his letter to Mr. Adams, proceeds to state, that " when the plenipotentiaries of the United States, on their part, stated, ' that there was no reason why, if the two countries extended their claims westward, the boundary limit of the 49th parallel of north latitude should not be continued to the Pacific Ocean,'' the British commissioners, though they made no formal ])roposition for a boundary, intimated that the river itself was the most conve- nient that could be adopted, and that they would not agree to any that did not give them the harbour of the mouth of the river, in common with the United States:' The history of the subsequent negotiations will show tliat on each occasion the United States have increased their claims and reduced their concessions, while Great Britain has not only not increased her claims, but on the contrary has advanced in her concessions. I^J'^j^l^J"'' Thus, in 1824, Mr. Rush commenced the negoti- 3r eilliov et up ail be cssen- v'ould be idinission L'taiii the has been liout the .818, by xl States to state, ! United was no led their :he 4yth tinned to though Dundaiy, conve- y would larbour e United ons Avill tes have essions, 1 creased d in her ne2:oti- .^^R. uusns proposal. ation l)y chiinminn: for the United States, " in their own right, and as their aljsolnte and exchislve sovereignty and dominion, the whole of the eountn/ west of the Jvocky ^Mountains, from the 42d to at least as far up as tlie 5 1st degree of north hititude." He further said, that " in the opinion of my Govern- ment, the title of the United States to the whole of that coast, from latitude 42° to as far north as 00°, was superior to that of 13ritain or any other l*ower : first, through the proper claim of the United States by discovery and settlement ; and secondly, as now standing in the place of Spain, and holding in their hands her title." In accordance with these views, Mr. Rush an- nexed to the Protocol of the 12tli Conference a formal proposal, that Great Britain should stipulate that her subjects should make no settlement on the north-west coast of America, or the islands adjoinim/, south of the 51st degree of latitude; the United States stipulating, that none should be made by her citizens north of the 51st degree. The British negotiators in reply proposed to accede to a line along the 49th parallel of north latitude as far as the north-easternmost branch of the Columbia, and thence down the middle of that river to the sea, the navisation of the river to be for ever free to both parties. The commissioner of the United States, on the other hand, would only vary his proposed line to the south, so as to consent that it should be the 49th instead of the 51st dcG^ree of north lati- tude, which was the original proposal in 1818, with the navigation of the river free to both parties. On the negotiations being resumed in 1826, Mr. B B ^09 »"- ^^ ft; ri. '■■* . jr. ^i!" ..H' : ■U-' 370 MK. GALLATIN'S MISSION. ! I ■ «A,.' .y Mr. Gaiia- Gallatiii, OR tlic part of the United States, having tin in 18'iC. ' i ' o set up a new ground of title founded on the acqui- sition of Louisiana from France in 1803, and its contiguity through the intervening chain of the Rocky Mountains to the territory under discus- sion, limited his offer to the 49th parallel with the navigation of the river free to both parties, as be- fore, whilst the liritish commissioners expressed their willingness to yield to the United States, in addition to wliat they first offered, a detached ter- ritory, extending, on the Pacific nnd the Strait of Fuca, from J>ullfinch's Harbour to Hood's Canal, and to stipulate that no works should at any time be erected at the mouth or on the banks of the Columbia, calculated to impede the free navigation of that river by either party. This last stipulation was evidently adapted to obviate a difficidty which Mr. Prevost, the agent of the 'United States at the restoration of Astoria, had suggested to the United States Government as early as Nov. 11. 1818, in his report upon the Columbia River : — "In addition to this, it is susceptible of entire defence, because a ship, after passing the bar, in order to avoid the breaking of the sea on one of the banks, is obliged to bear up directly for the knoll forming the cape, at all times, to approach within a short distance of its base, and most fre- quently there to anchor. Thus a small battery erected on this point, in conjunction with the surges on the opposite side, would so endanger the ap- proach as to deter an enemy, however hardy, from the attempt." (British and Foreign State Papers, 1821-22, p. 467.) mi. BUCHANAN S OFFER. 871 :s, having ;lie acqui- 3, and its in of the }r cliscus- . with tlie ies, as be- expressed States, in ched ter- ! Strait of I's Canal, any time iks of the lavigation lapted to ; agent of toria, had t as early yolumbia ptible of the bar, m one of for the approach nost fre- battery le surges the ap- dy, from Papers, U' 111 the ncfjotiations of 1844-'), lately brouHit ^''-soti-}- to a close, Mr. Pakcnhani, tlie liritish plenipoten- 1811.,';. tiary at a very early period, proposed in a letter of Aug. 26. 1844, in addition to what had already been oifered on the part of the United States, and in proof of the earnest desire of her Britannic ]\Iajesty's Government to arrive at an arrangement suitable to the interests and wishes of both parties, to undertake to make free to the United States any port or ports which the United States Government might desire either on the mainland, or on Vancou- ver's Island, south of 49° ; and on j\[r. Calhoun's declining to make any counter-proposal, based on the supposition of the United States and Great Britain being occupants in common, jMr. Pakenham su":2;ested " an arbitration, to the result of which boili parties should be bound to conform by the interchange of notes, as the most fair and honour- able mode of settling the question," which Mr. Calhoun declined. ISlv. Buchanan, on resuming the ne^rotiations after the election of Mr. l*olk to the Presidency of the United States, concluded his communication of July 12. 1845 to j\Ir. Paken- ham, by stating that the President would not have consented to yield any portion of the Oregon terri- tory had he not found himself embarrassed, if not committed, by the acts of his predecessors, and that he was instructed to propose the 49th parallel Mr. u.i- as before to the Pacific Ocean, ofi*ering at the same orti-r. time to make free any port or ports on Vancouver's Island south of this parallel, which the British Government may desire. " This proposal," as justly observed by ]\Ir. Pa- B B 2 ■J- .tr 372 THE TRKSIDKNTS IMESSAfiK. ■7'fli^ I v.; .> , ^4- >' ■■■ ■ The Pre- sident's Message. *■' keiihaiii, in his reply of July 20. 1 84o, " was less than that tondcrcd ])y the American plenipoten- tiaries in the negotiation of 182G, and declined ])y the British Government. On that occasion it Avas proposed that the navigation of the Columbia should be made free to both parties." The President of the United States, in his message to Congress of the 1st of December, 1845, after briefly reviewing the course of the several nego- tiatious, concludes that portion of his message with these remarkable words : — " The civilised world ^vill sec in tliese proceed- ings a spirit of liberal concession on the part of the United States; and this Government will be relieved from all responsibility which may follow the failure to settle the controversy." Mr. Buchanan had stated to the same eiFect, at the conclusion of his letter of August 30. 1 845, that not " only respect for the conduct of his predecessors, but a sincere desire to promote peace and harmony between the tw^o governments," had actuated the Pre- sident to oifcr a proposition so //^(?ra/ to Great Britain. " And how has this proposition been received by the British plenipotentiary? It has been rejected Avithout even a reference to his own Government. Nay, more ; the British plenipotentiary, to use his own language, ' trusts that the American plenipo- tentiary will be prepared to offer some further pro- posal for the settlement of the Oregon question more consistent with fairness and equity, and with the reasonable expectations of the British Government.' " It could hardly require a reference from Mr. Paken- ham to the British Government at home, to satisfy him that he should at once decline to accept a less "'*..■ A. KIFKCTS OF TIIK I'UOI'OSALS. a73 ' was loss leriipoteii- H^liiied l)y on it was bia sliould s message U5, after iral iicgo- sagc witli proceed- art of tlie e relieved lie failure ect, at the , that not lecessors, harmony :1 the Pre- t Britain, reived l^y rejected ernmeiit. D use his plenipo- her pro- ion more ivith the iment.' " \ Paken- satisfy )t a less liberal offer than tliat whicli his (Joveriiinent iiad ali'eady declined on two ])revious occasions. Surely the meaning of the word "liheral" must have ac- quired a different acceptation in the I'nited States from what it hears in the mother-country, or the notions of what constitutes "• a spirit of lil)ei'al con- cession," must be very different on the eastern and western sides of the Atlantic; for, in the usual sig- nification of the word in the mother-country, it would be bitter irony to apply «ncli a term to the proposal authorised by President Polk, expressly, as alleged, in deference to what had Ijeen done by i*re- sidents Munroe .and Adams. .It is an offer on the; part of Mr. Polk to share a w^:)rthless haven with Great Britain, when his predecessors have offered to share the Great River of the West. The offer of Great Britain, Avlien first made by t on e- her in 1824, would have imposed upon her at that vohid in time, if accepted l)y the United States, as likewise |„'opS:,. at the present time, the necessity of ultimately breaking up four or five settlements, formed by her subjects within the limits that would become prohibited; and wdiich they had formed urder the belief of their full right, as British subjects, to set- tle there. " But their Government was williiiij to make these surrenders, for so they considered them, in a spirit of compromise, on points where the two nations stood so divided," (British and Foreign State Papers, 182:)-2G, p. 51!\); whereas the United States would not be required to abandon a single set- tlement; on the contrary, they would retain the fer- tile valley of the Willamette, where their settlers arc mostly located. The proposal of the United States, u ij3 if^. « i' I- ' • ■,■!■■ ■,' 4', 'i, ' ,'f ' I,,'-. r.- ^:'i: a 374 CIIAIlACTEIi OF THE COUNTRY on the other hand, would require that Great r>ritain shouhl abandon tlie nuijority of her settlements, and amongst these, Fort A^jincouver, the depot of the Hudson's IJay Company, from which fourteen otlier settlements receive their supplies ; tliat she should resin's Bay 3e other I'itories ; country the fur- trader with the skins of the beaver and sea-otter, but in the adequacy of its grazing and agricultural produce to su^jport a iixed body of inliabitants, as well as to victual the ships of various nations engaged in the China trade, and in tlie fisheries of the South Sea. Harder conditions could not well have been dictated l)y a conquering to a con([uered nation as the price of peace, neither do they accord with that spirit of just accommodation with wliich Mr. Ivush, in 1824, expressly declared tlie Government of the United States to be animated, nor witli tliose prin- ciples of mutual convenience which it was then agreed on both sides to keep in view, in order to further the settlement of their mutual claims. If the present convention should be abrogated ^''""'^•- by either party, the only object of which, according tiie (on- to the express declaration of tlie two contracting ^isivVinK parties, was " to prevent disputes and differences "'"'"°'*''''''' amongst themselves," the existing condition of common occupancy does not thereby terminate. Each nation will still be bound to res[)ect the settlements of the other. Tlie mutual rights and obligations recognised by Great Britain and S[)ain in respect to each other, in the Convention of the Escurial, were recognised once and for all. The United States now stands in the place of Spain ; she asserts that by the Treaty of Florida she holds in her hands all the Spanish title, but her hands are also bound by the obligations of Spain. By the Convention of the I'lscurial, the liberty of free access and unmolested trade with the settlements of each other, made subsequent to Aj)ril 1789, was secured to either party: in other respects their u 11 4 X. If '1 376 I'lJKSKN'T CoN!)iriON. 1 1 rv sctlleiiu'iits would carrv witli tlicni tlic indciu'iKloiit ri;:lits, wliicli the Iiiw of nations st.rurcs to th(; sc'ttlcnioiits of iiKk'pcndcnt powers. Oregon would thus Ik; dotted over with the settlements of sub- jects of Cireat llritain, and eitizens of the L'uited States, in juxta-position to eai h otl ler, lil> e the Present condition of the DortliiTn an'l south- ern hniiks of the Co- lumbia. Protestant and Catholic cantons of Switzerland. The tribunals of the I'nited States have decided in Washbourne'scase (4 John's C. R. lOH). and in other cases, "that the 27tli article of tlie Treaty of ITD^i, which i)rovided for the delivciy of criniinals charged with murder and forgery, was only declaratory of the law of uations, and is equally obligatory on the two nations under the sanction of public law, and since the expiration of that treaty, as it was before." So far the recurrence of mutual outrages might be checked. Still, such a condition of things would leave open, as ^Ir. Rush observed in 1824, " sources of future disagreement, which time might multiply and aggravate." It is, therefore, for the interest of both parties, that a line of demarcation should be drawn, to prevent the [)ossible conflict of jurisdic- tion. A few square miles, more or less, where the entire territory to be shared between the two nations extends over a district of more than 500,000 square miles, can form but a secondary element of consi- deration in the question. If we look to the original rights of the United States, as founded on use and settlement, they point exclusively to the southern bank, whilst those of Great Britain point, in a similar manner, to the northern. Citizens of the United States first explored the southern boundary of the Columbia, whilst subjects of Great Britain i! ' imirrsn voyages. 377 l('|K'll(l(Mlt I'S (<» tll(! ;()ii would s of smIj- \v I'liitt'd liko iIk! itzcrlaiid. k'cidod ill d ill other ;ofl7i)a, s charcrod ii'atory of ry on the law, and s before." might be gB would " sources multipl}' iterest of lould be jurisdic- here the nations square j{ consi- original use and louthern it, in a s of the )undary Britain lirst explored the northern. 'I'he fhi;i" of tlie I'nited States has been autiioi'it itively dis])layed on the southern ))ank alone, -whilst the r>ritish ensign has exclusively been hoisted on the northern. Whilst the valley of the W'illainette in Soufhrrn Oregon is cultivated, according to Captain AVilkes, l)y settlers from other countries ])esides the Tnited States, the agricultural establishments on the Cowlitz IJiver, and on the shores of J'uget's Sound, in Northern Oregon, arc exclusively the creation of liritish sub- jects. Great Britain havinn; cxi)resslv declared in 182(), Vovnscs <>f that she churned " no exclusive sovereignty over Mii.jicts. any portion of that territory^" it has been thought unnecessary to set out in full her origin.'il title, as against the Cnited States. It is impossible in the present day to ascertain how far Drake was au- thorised to make discoveries in the South Seas on account of his sovereign. We are informed by Stow the annalist, that he had obtained the ap- proval of Queen J'^lizabetli to the plan of his ex- pedition, through the interest of Sir Christopher Hatton ; and the author of " The World luicom- passed" affirms that he had a commission from his sovereign^ and that she delivered to him a sAvord with this remarkable speech : — " AVe do account that he which striketh at thee, Drake, strikes at us." Captain Burney's opinion, however, seems most to accord with probability — that he had no irrilten commission. The Queen, however, on his return, after a protracted inrpiiry before her Council, upon the complaint of the ambassador of Spain, approved and ratified his acts ; and in her reply to the aui- H !h 0' . ■V',' ;' • ■ 378 Drako. ,r',H- Couk CAPTAIN COOK. bassador's remonstrances against Drake's territorial aggressions, expressly asserted, according to Camden, that as she did not acknowledge the Spaniards to have any title by sanction of the Bishop of Rome, so she knew no right they had to any places other than those they were in possession of. (Cf. supr. p. 161.) Vattel (b. xi. § 74.) states the law that, " if a nation or its chief approves and ratifies the act of the individual, it then becomes a public concern." Drake thus appears to have been recognised as an instrument of his sovereign ; and though the moderation of the British Government has led it not to insist upon Drake's discovery of the north- west coast as far as 48°, though it was coupled with formal acts of taking possession with the consent of the natives, because Great Britain did not follow it up within a reasonable time with actual settlements, still that discovery has not lost its validity as a bar to any asserted discovery of a later period. On the other hand, the expeditions of Captains Cook and Vancouver satisfied all the conditions required by the law of nations for making disco- veries and forming settlements. Unless Captain King, the companion of Cook, had published his account of the high prices which had been obtained 1 )y his sailors for the furs of the north-west coast of America in the markets of China, the American fur trader, as Mr. Greenhow terms Captain Gray, Avould never have resorted to the coast of Oregon. But before any trading vessel of the United States had appeared off those shores, Captain Cook had traced the American coast, from a little above Cape VancouvLr. Mendocino to Icy Cape, in 70° 29'; whilst Yan- Vancouver's expedition. 379 territorial > Camden, niards to of Koine, ices other Cf. supr. that, "if the act of concern." jnised as 3ugh tlie has led he north- pled with onsen t of follow it tlements, as a bar Captains ►nditions g disco- Captain hed his obtained coast of merican n Gray, Oregon. 1 States ok had VQ Cape t Van- couver was despatched in 1791 expressly by the British Cfovernment, to ascertain what parts of the north-west coast were open for settlement to subjects of Great Britain, in accordance with the 3d article of the Convention of the Escurial ; and after an accurate survey reported, that the Presidio of San Francisco, in about 38°, was " the northernmost settlement of any description formed by the Court of Spain on the continental shore of North-west America." To A'^ancouver the civilised world was indebted for the first accurate chart of the entire coast. The important services rendered to navigation and science by Vancouver and Lieutenant Broughton, were fully acknowledged by Mr. Gal- latin in the negotiations of 1826 ; yet all these, it is contended by the Commissioners of the United States, are entirely superseded by Captain Gray having first entered the mouth of the chief river of the country. When Mr. Buchanan, therefore, at the commence- ment of his letter of August 30. 1845, states "that the precise question under consideration simply is, were the titles of Spain and the United States, when united by the Florida treaty on the 22nd February 1819, (jood as ar/aiiist Great Britain, to the Oregon territory as far north as the Russian line, in the latitude of 54° 40'?" and assumes, as a consequence, that if they were, it will be admitted this Avhole territory now heloncfs to the United States ; he avails himself of the ambiguity of the term title^ to infer that the establishment of ji common title must lead to the admission of an ex- clusire title. With mucli more reason might Great Britain have ".N i;.i ■■■ ,'»sr K t \ '^'..i»r; 380 SETTLEIMKNTS IN THE COUNTRY. ■«'irv. .'1 ■ r. ^ I' ■' "ii!!' ■'•■■■...■'*■•.» :r- .>■:;■. ,) ., of Grt"ir" ^^* ^H^ ^^ exclusive title against the United States, Britain. Avhicli slie lias, in the spirit of moderation, forborne to do. She might have said, " We Avere entitled by the general law of nations to make settlements in this country, as being unoccupied by any civilised nation. We Avere the first civilised nation that established a permanent occnpption of it, whicli has never been abandoned, by a settlement in the year 1 806 on Frazer's River. We have, since that time, steadily occupied the entire coiuitry north and south of the Kiver Columbia, as far as the sources of LewisRiA'er,AvhereFortHall,the most southern settle- ment of the Hudson's l>ay Company, supplies shelter and food to the Avasted and famished settler from the United States, on his first entry into the promised Settlements ijii^d of Oreo:on." She mi^irht have said, "Before 1833, of the o * . . American citizens, on the testimony of their OAvn countrymen, had no settlements of a permanent kind Avest of the Rocky Mountain s. Even i n the valley of the Willamette, AAdiere Captain Wilkes, in 1 840, found not more than sixty families, many of them being British subjects, and late servants of the Hudson's Bay Company, the first settlements Avere made by officers of that Company, under the encouragement of the Company. It Avas oAving to the report of the thriving condition of these farms having been carried to the United States by Ame- rican trappers, that settlers from that country Avere led to undertake the long and perilous journey across the Rocky ^Mountains, Avhich they Avould never have survived, had not tlie British settlements preceded their adventurous enterprise, and fur- nished them Avith supplies on their arrival." Yet United States. Lv d States, Ibrborno titled by meiits ill civilised ion thjit t, which t ill the Liice tluit orth and Durces of •n scttle- s shelter Tom tlie >roiiiised Tel 833, leir own •man en t [C valley 1 1840, )f them of the ements der the ann; to farms Amc- )uiitry Jiirney would micnts :1 fur- Yet RULE OF rARTITION. 381 after an indisputable use and enjoyment of tliis country by l>ritish subjects for a iri'cater period of time, than that which the I'nited Sttites admitted by treaty in 1824, to estal)lish a valid title by prescrip- tion, in favour of Kussia, from G0° north latitude to 54° 4', against their own Spanish derivative title, the President of the Tnitcd States declares, in his solemn message, his " settled conviction that the British pretensions of title could not be maintained to any portion of the Oregon territory, upon any principle of public law recognised by nations." The plenipotentiaries of the I'nited States, inRui^'."f ■,. .. .,^. . ,, -, partition. tJieir negotiations with Spain respecting the bound- ary of Louisiana, laid down this principle as adopted in practice by Europeivn Powers, in the discoveries and acquisitions which they have respec- tively made in the Xew World, — that " whenever one European nation makes a discovery, and talces 2'>ossesHion of any portion of that continent^ and another afterwards does the same at some distance from it, when the boundary between them is not determined by the principle above mentioned (viz. the taking possession of an extent of sea coast), the middle distance becomes such of course." (Cf. supr. Ch. XIII.) If we apply this rule to the settlement of the claims of Great Britain and the United States, either in respect to the conflict of their original titles, or in respect to the conflict of the title of Great Britain recognised in the Convention of the Escurial, with the title of the United States devolved to them by the Treaty of Washington, we shall find it confirm the reasonableness of the offer made by Great Britain. It Avas ascertained by Van- ..4 H- 'H <<:. m :: Wt ■-:'■ ■ • ■ > Mil.. ^■" ;''.»•■+;:. ■ v-« ■ "♦<■.■'■ m ^ ^':.H . ^'^■ K 382 RUSSIAN rOSSESSIONS. couvcr, Avho had been despatched by his sove- reign with this express commission, that the north- ernmost part of the north-west coast already occupied by Spain, at the signature of the Convention of 1790, was the Presidio of San Francisco, in about 38° north latitude. Vancouver at the same time as- certained that the settlements of the Kussians extended as far south as Port Etches, at the eastern extremity of Prince William's Sound, a little to the south of 60°, and thus determined the extent of the common rights of Great Britain and Spain under the convention, which Mr. Pitt declared, as first Minister of the Crown of England, "he should es- teem the Government of his Britanic Majesty highly culpable if they neglected to ascertain, by actual survey." (St. James's Chronicle, December 15. 1790.) Both the United States, however, subse- quently to their acquisition of their derivative Spanish title, and Great Britain, have recognised, by separate treaties in 1824 and ^825, the ter- ritorial rights of Russia as far south as 54° 40' north latitude, founded on the use and enjoyment of the coast by Russian subjects, during the inter- vening period between Vancouver's visit and the publication of the Imperial Ukase of September 16. 1821; so that the rights of Great Britain to form settlements under the Convention of the Escurial, are thus limited by her own act to the parts of the coast between 38° and 54° 40', and the United States, by a similar act, have confined their de- rivative title to the same northern boundary. When, however, the United States claim to hold in their hands the title of Spain against Great \ APPLICATION OF THE RULE. 383 lis sovc- le nortli- occupied of 1790, 30ut 38° time as- Russians e eastern le to the lit of tlie n under as first lould es- y liighly y actual iber 15. r, subse- 3rivative ognised, the ter- 54° 40' oyinent le inter- and the iber 16. to form Iscurial, ■5 of the United leir de- andary. to hold Great Britain, and upon the strength of that title propose to make a final partition of the territory hitherto the subject of a common occur)ation, if they would abide it^npi'ii- '' , 1. ' J ^ cation. by their own rule, as solemnly propounded by their commissioners on two distinct occasions, the middle distance between 38° and 54° 40' becomes the boundary line of course. The extremities of the country to be divided are thus marked out by the Presidio of San Francisco on the southern side, and by Fort Frazer on the northern, and nature seems to have accorded the embouchure of the Columbia lliver, in the latitude of 4G° 18', to meet the conditions of so reasonable a rule, as that which the United States then maintained to be grounded on an acknowledged principle of international law. Such a rule might reasonably be resorted to on this occasion, as furnishing a solution to the problem of converting the common rights of the United States and Great Britain into separate rights. The objections United States, however, might admit that the prin- ciple was abstractedly sound, but that its applica- tion, as proposed, was inadmissible, as their claim commenced at 42°, and not at 38°. It is evident, however, that the derivative title from Spain as against Great Britain, if it be advanced as the basis of the negotiation, which has been the case, cannot assume a diiferent form in the hands of the United States, from that which it would have presented in the hands of Spain herself: otherwise, the less Spain had ceded to the United States, tlie more the United States would be entitled to claim from Great Bri- tain, which of course is untenable. But Great Britain has conceded to the United States more than ■ i: ■'II I' <% ^;:i •• '\ ' • I- ' '^ 384 »?; U '"^■i 'Us; '^ W- '■; - ':■'. , ,>-■ . Mr Pakcn ham's IftttT. 4, MR. PAKENIIAMS LETTER. the limits whicli this rule would assign to them, namely, the entire left bank of the Columbia Kiver as far as the 49th parallel, thereby giving up to them the exclusive possession of the l^ewis lliver and the Clarke lliver, and the intermediate territory. The general character, however, of the proposals of Great l^ritain cannot be better described than in the words of Mr. Pakenham's letter of Sept. 12. 1844: — " It is believed that by this arrangement ample justice would be done to the claims of the United States, on whatever ground advanced, with relation to the Oregon territory. As regards extent of ter- ritory, they would obtain, acre for acre, nearly hjilf of the entire territory to be divided. As relates to the navigation of the principal river, they would enjoy a perfect equality of right with Great Britain: and with respect to harbours. Great Britain shows every disposition to consult their convenience in this particular. On the other hand, were Great Britain to abandon the line of the Columbia as a frontier, and to surrender the right to the naviga- tion of that river, the prej udice occasioned to them by such an arrangement would, beyond all propor- tion, exceed the advantage accruing to the United States from the possession of a few more square miles of territory. It must be obvious to every impartial investigator of the subject, that in adher- ing to the line of the Columbia, Great Britain is not influenced by motives of ambition, vdth refer- ence to extension of territory, but by cjiisiderations of utility, not to say necessity, which cannot be lost sight of, and for which allowance ought to be to them, )ia River ig up to is Itiver erritory. )roposals 1 than ill Sept. 12. it ample 3 I'nited relation it of ter- arly half elates to ly would Britain : n shows ience in Great Dia as a naviga- to them propor- United square every adher- itain is 1 refer- rations not be t to be TIRTIIER I'RorOSAL. 3So made, in an arrangement professing to be l)asi'(l on considerations of mutual convenience and ad\'an- tage." (ii'eat liritnin has advanced in lier offers on each Sng.^res separate negotiation. Let her make one slcp nior-e tl',',."i"H''r in advance. Let her offer to tlie United States to ''"'',•"" declare the ports in Admiralty inlet and Pugel's Sound to be "Free Ports," with a given rafh'w'i of free territory. The advantage which she wouUl give to the United States, would far exceed tlie prejudice^ occasioned to herself by such an arrangement, and the proposal would be in accordance with tlie prin- ciple sanctioned by the 5th article of the Conven- tion of the Escurial, which guaranteed a mutual freedom of access to the future settlements of either party for the purposes of trade. If her Britannic Majesty's Government should deem it consistent with a just regard to the interests of Great Jjritain, as it would certainly be in accordane(3 with the spirit of moderation which has hitherto influenced her Majesty's councils, to make this fur- ther offer, and if the President of the United States should instruct his plenipotentiary to reject it, the attempt to effect a partition of the territoiy by treaty may be regarded as hopeless. It will tlun be best for both parties that the Convention of 1(S27 should be abrogated, and the future destinies of the country be regulated by the general law of nations. It would be idle to speculate upon those futiu'e :\i,. \v\.i,. destinies, — whether the circumstances of the coun- ^!^'''^.''"*'- try justify Mr. Webster's anticipations tliat it will form at some not very distant day an independent confederation, or whether the natural divisions of ( c i'( w %:. J» 1. Il'"- l.l * 386 Mr. Cal- houn's de- claration. FUTURE DESTINIES OF OREGON. Northern and Southern Oregon are likely to attacli ultimately the former by community of interests to Canada, and the latter to the United States of Ame- rica. When it is remembered, that Mr. Calhoun declared, in 1843, that " the distance for a fleet to sail from New York to the Columbia is more than 13,000 miles, a voyage that would require six months," and that "the distance over-land from the state of Missouri to the mouth of the Columbia River is about 2000 miles, over an unsettled country of naked plains and mountains, a march, if unop- posed, of 120 days," the scepticism of such as doubt the inevitable absorption of Oregon into the United States, seems at least to be excusable. to attacli iterests to s of Ame- . Calhoun a fleet to aore than quire six from the Columbia [i country if unop- as doubt le United INDEX, Adams, J. Quincy, negotiates the Florida Treaty, 239. Agiiilar, Martin d', 63. 70. Alarcon, Fernando, 21. 93. Albion, New, 4. Anabuac, plateau of, 3, Anderson on Commerce, 209. 223. Anian, Straits of, said to be dis- covered by Cortereal, in 1500, 9. Argonaut, the, seized at Nootka, 105. Arkansas River, 235. 242. Astor, John JacoL, 16. 343. Astoria, established in 1811, 18. Transferred by purchase to North-west Company in 1813, 20. 275. 346. Surrendered to the United States, 3-t7. 366. Sub modo, 350. Not a national settlement, 345. Atlantic Colonies, 308. Barclay, Cant., first descries the Straits of Fuca, 10. 77. Behring's Voyage, 65. Belsham'sHistory of England, 122. Bernard, St., Bay of, 218. Biographic Universelle, error as to Drake, 27. 36. As to Gali,64. Bodega, Port de la, 46. 70. Bodega y Quadra, 68. Bracton de Legibus, 153. Broughton, Lieut., explores the Columbia, 140. Takes posses- sion of the country, 141. Bulfinch's Harbour, 370. Bynkershoek on Discovery, 161. Cabrillo, Juan Rodi'iguez, voyage in 1542, 22. Caledonia, New, 5. Calhoun, Mr., letter of Sept. 3. 1844,288. Speech in 1843,386. California, peninsula of, disco- vered in 1539, by F. de Ulloa, 21. A peninsula, 64. Jesuit missions, 65. A cluster of is- lands, 94. Spanish possessions, 237. Camden, Life of Elizabeth, 51. Canada, limits of, 211. Cession of, - 304. Carver, Jonathan, travels in North America, 5. First announces a river called Oregon, or the Great River of the AVest, 6. Cascade Canal, 11. Castillo, Domingo de, 21. Cavendish, Thomas, voyage of, 31. Cavallo, Juan, 98. Channing, Dr., 331. Charters, 306. Of Georgia, 282. Carolina, 281. To what extent valid, 222. Of the Hudson's Bay Company, 223. Argument from, 225. Clarke. See Lewis and Clarke. Clarke, River, discovered, 15. 338. Source in 45'' 30', 272. Clatsop Fort, 15. 340. Clifie, Edwai'd, his narrative, 24. Colnett, Capt., 77. 102. Instruc- tions to, 294. Colorado, Rio, del Occidente, 3. Cohmibia, country of the, 8. Mouth, 124. Bay, 126. River, 142. Progressive discovery of the river, 146. Proposed as a boundary by Spain, in 1819, 234. Exploration by Gr.-vy, 354. Northernmost bank, 273. Course, 284. Extent of valley, 285. Columbia, merchant ship, 6. 78. Log book, 135. Congress, documents of, 299. cc 2 ^i' . -r^' ' 3.SS INDKX. !.:>:. li., !■ ' , '; i' Contiguity, (Idi'trino advanced l»y Mr. Uiillatiii, ;UG. A rcriprocal titlo, 174. Coiiv.iition oll8IH,-J0;». -J.).-}. ;j.il. ;u;.>. Of l,SO;J,iM>t ralilieil,-J(>5. on SOI), dilto, •_>()(;. Con vi'iii ions, tian>ltorv, 17!). JVlixcd, is.i. Cook, (.'iipt., instructions to, 4. 71. DiM'oviTv ol'Xootka, I-jcS. Coronado, Vas([Uoz do, 215. Cortcroiil, (Jasjiar do, U. Crozat's liViiut of Louisiana, 21H Davis, trolin, ihu navigator, 4!). l)e-cut)iorta and Atrovitla, voyage oft Ir', 8-2. DisrovL'i'v, title by, 157. Not m the lloinan law, I.IG. Condi- tions of, 1(!5. Progressive, IGG. Ike(iuires notifieation, 288. An inchoate aet of sovereignty, 333. Dixon and I'ortlock, 75. !)7. Domain, Imminent, 151. Useful, 151. Drtike, Sir F., his voyage, 23. French account, 28. Knighted ly . Dullot de Mofras, 123, 227. Duncan and Cohiett, 77. Elizabeth, (^ueen, reply to ^len- iloza, IGl. Sjteech of, 51. 377. Escarbot's llistoiredc laNouvelle France, 237. Esciirial, Convention of the, 113. j 28J). 35G. Mr. Greenhow's view, 119. British rights under, as- certained, 382. Eyries, ^L, error as to Drake, 36. Gali, 64. Factories, or comptoirs, 2!)7. Falconer's treatise on the Missis- sip})i, 218. Family Cimipact, 112. Felice and Iphigcnia, 98. Ferrelo, liartoleiue, 22. Fhm-, on the, Dr. Channinir, 331. Mr. Gallatin, 333. I'Metcher, World Encompassed, 23. 35, Manuscri|)t notes, 40. Fleuricu, 27. 54. I'Morida 'i'l-eaty. See Waslnngton. Fonte, Hartoicmc, 8i). 243. Francis( II, Fort San, the northern- most possession otSpain, 4G.37!>. Fra/.i r's Kiver, 1 1. Fraz.r's Lake, 13. Fort, 380. 383. Fui'M, Juan de, Siraitsof, 10. Dis- covery claimed by ^lartiiii^z. 67. J)iscoveredby IJarclay, 77. Sto- ry of, 83. Not mentioned in r>p;inish rrchives, 88. Spanish claim, 243. Fur Company, American, 16. Mis- souri, 16. I'acilic, 16. Fur trade, 8. Gali, Francisco, 59. \}4. Galianoand VaMe?, 11. Sec Su- til and Mexican:;. Gallatin, Mr., his dncrrine of dis- covery, 148. Letter to Mr. As- tor, 278. His counter-statement in 1826, 300. (icorge Fort, 200. (Georgia, New, 4. Gr:iy, Capt., first explored the mou'i' of the Columbia River, 78. i,rosses the bar, 135. Ex- tent of his researches, 145. IIakluyt,Collection of Voyages, 23. Ilanna, Capt., 98. Hanover, New, 4. Hearne, j(mrney of, 71. Heceta, voyage of, 68. Inlet of, 69. 124. Discovery of the Co- lumbia River, 125. 354. Hennepin, Father, 222. Henry, Mr., established a trading post on the Lewis River, 16.342. High lands, territorial limits, 281. Horn, Cape, discovered, 64. Hudson's Bay Company, 12. Title, 171. Territory, 308. Round- aries, 207. Hundjoldt, Alexander von, 53. 337. Iberville, IT, 218. Illinois, the, annexed to Louisi- ana, 220. Nation of, 304. Iii'.^iaham, Joseph, pilot of the Cnhimbiii, 104. - . - ■ .J .:. INDEX. ;4S!» .ft'llorpon, I'rosiiU'iU, lottor on Louisiaim, '20'). 22ii. .TfiriTvs' Anu-rica, iill). 227.303. .Ii'ssiip, (iL'iioral, 255. fli'siiit inissions, 05, tlulinson, Dr., Life of Sir T.Drake, 52. Jurisdiction, maritime, 175.247. Kerlet's memoir on Louisiana, 232. Kendrick, Capt., 78. 104. Kinjj, Capt. James, first sujrf^ests a trade in furs with north-west coast of America, 8. 74. KiiifftJeorge's Sound Company, 97. Klul)er, Droit des Gens, 152. KiO. Kooskooskco lliTcr, 15. Lake of the "Woods, 204. Ilain)-, 210. Ked, 210. Travers, 210. Abbitibbe, 210. Law, international rules of, at Treaty of Washington, 244. Lewis and Clarke's expedition 14, Encampment on south bank of Uiver Colund)ia, 340. Lewis, or Snake lliver, 15. Liberties distinct from rijfhts, 190, Lorenzo, IJay of San, 67. 72. Louisiana, limits of Crozat's grant, 218. JetFerys' America, 216. 303. Declaration of France in 1761, 307. Cession of, 20(). Western boundaries, 224. Sold to the United States, 222. Ex- tent of, 303. 307. Mackenzie, Alexander, first crosses the Rocky Mountains, 11. IMaldonado, pretended voyage, 80, The author a Fleming, 81. I\Iaps, of Ortelius and Ilondius, 51. 95. Of the IGth .and 17th century, 95. DilHculty from in- correct, 212. Questionable au- thority of, 228. Melish's, 235. Inaccuracy of, 306. I\Ia(iuilla, or Maquinna, 101. INIarchand's voyage, 53. Martens, Droit des (Ions, 159. Martinez at Nootka, 103. ]Matag(»rda Hay, 218. Meares, 75. Salleil in the Xoolka, 98. In tlie Felice, 99. 125. Me- niiiriai to Parliament, 107. Lou book, 12!>. Meiidocinii, Capi', 22. Further- most known land, 51, Mississippi, sources of the, 205. Company, 220. Discovered by Hernando de Soto, 215. Dis- covoreil by Spain, 21(1, 2m;J. Ex- plored by IJritish sulijccts, 216. Free n.avijfalion of, 2JsO. ^lissouri. Fur Com])any, tirst es- tablishment of citizens of riiitcd States on the west of the Uocky Mountains, 16. ^lonroe. President, declaration of, 253. IMonson'.s, Sir W., Xaval Tracts,49. Mountains, Snowy, 234. jMultiiomah River, 2;15, Iiicor- -reclly laid down, 236. Proposed as a boundary liy Si)ain,in 1819, 235. 242. Sources, 272. Xatchitoches, 233. National tlag, 327. Protection of, 276. Mercantile, 329. Sove- reign, 330. Mr. (lallatin's let- ter, 333. Dr. Channing's pam- phlet, 331, National ship, Mr. Ru.shs view, 262. Mr. IJuchanan's view, 327. Negotiations in 1818, 202. New France, extent wcstwardlv, 227. 302. New INlexico, extent of, 243, Nootka Sound, 73. Discovery of, 158, Rritish colours hoisted at, 101, Delivered up to the Hri- tish, 121, Controversy, 163, British settlement, 293. Nootka Sound Convention. Sec Escurial. Mr. Pitt's view, 360. North-west Company established, 12. Their first setlleineiit west of the Rocky Mountains, 13. Occupation, title by, 150. Dis- tinct from occui)ancy, 154. Ohio, River, 225. Okaiu'gan, Hiver, 18. Onis, Don Luis cle, 2.'52. Oregon, orOregan River, so called by Carver, 6. Oregcm Territory, extent of, 7. w .'>■ 1 « 390 INDEX. (i; . I • IV'tonsionsdfllio United St iitos ill IHIH, l}>y. First notite of claim, '207. J'acilic Fur Company, Ui. Disso- lution of, li). 275. Not char- tortMl, 274. Pnnuco, the northornniost sottle- nicnt of Spain on the Gulf of Mexico, 21G. 251. Tartition, rule of, 381. I'ataj^onians, 42. Perez, .Juan, voyage, 06. 137. En- tnula de, (57. Porouse, La, 74. Pichilingue Bay, 94. Poletica, Chevalier de, 254. Pope Ale.xander Vr., his bull, 22. Pre-emption, right of, 252. Prescription, title of, 171. President Polk's Message, 372. Pretty, Francis, 25. Not the au- thor of the Famous Voyage, 30. Purchas, Pilgrims of, 34. Racoon, sloop of war, 20. 347. Rio Uravo del Norte, 243. Rivers, appendages to territory, 247, 279. Common use of, 173. 250. 280. Mr. Wheaton on, 280. Rocky Mountains, 3. Rolls Court, 181. Rush, Mr., 256. 351. 366. 368. Russia, establishments on north- west coast of America, 74. 382. Claims on north-Avest coast, 164. Russian American Company, in 1799, 287. Salle, De la, 217. 283. Santa Fe, 242. Sea coast, discovery of, 245. Pos- session of, 281. Servitudes, permanent, 1 86. Settlement, title by, 169. Juris- diction of, 245. Conterminous, 249. Not mere trading stations, 290. Not factories, 297. Inter- mixed, 316. Priority of, 320. Sierra Verde, 2. 236. Silva, Nuno da, his narrative, 24. SchoeirsTraites,118. 122. 207. Soto, Hernando de, discovered the Mississippi, 243. South Carolina, hiws of, 329. Spain, claims to the north-west coast of America, 239. Stow, the Annalist, 48. Stowcll, Lord, on rivers, 144. On discoveries, 166. 288. Sutil y Mexicana, voyage of, 55. Tacoutche-Tesse, River, held by Lewis and Clarke to be the Co- lumbia, 11. 337. Tchiricoirs voyage, 65. Territory in use, 320. Texas, boundaries of, 243. Thalweg, 250. Thomson, Mr. David, the astro- nomer of the North-west Com- l)any, descends the north branch of the Columbia River, 14. 18. 273. 338. Determines the lati- tude of the sources of the Mis- sissippi, 205. Tij)ping, Captain, 75. 89. Title by occupation, 150. Disco- very, 156. Sea coast, 245. Set- tlement, 169. Prescription, 1 70. Convention, 179. Tonquin, ship, destroyed by the Indians, 18. Treaty of Utrecht, 109. 202. 207. Paris, of 1803, 206. Paris, of 1763,221. Ryswick, 209. Wash- ington, 244. S. Ildefonso, 222. 230. The Escurial, 113. 289. 356. Ghent, 197. Family Com- pact, 112. 122. Paris, of 1783, 185. 204. 212. Of 1794, 204. Treaties terminable by war, 188. Sometimes contain acknowledg- ments of title, 189. Ukase of Russia respecting the north-west coast, 254. Ulloa, Francisco de, 21. 64. 93. L'nited States, the President's plan as to the Pacific Ocean, 240. Use, innocent, 176. Usucaption, title by, 170. Utrecht, Treaty of, 305. Commis- sioners imder, 208. Vancouver, Capt., 9. Instructions 130. Names C. Orford, 131. Observes Heceta's River, 133. INDEX. v.n north-west i. !rs, 144. On age of, 55. or, held hy > be the Co- Vin(lioatc(l nf^ainst Mr. Grcon- hdw's charf^i'H, ].'J7. 14.1. Vattol on Occupiition, •24<». On Discovery, 277. On rrosorip- tion, 171. Virinitas of the Roman hiw, 172. Viiscuino, Sebastian, 63. Wnbash River, or Oiiabacho, 220. ^Vashington, Treaty of, cession umh'r, 244. 2.'>({. Object of .Spa- nish concessions, 241. ',\4'). AVIieaton on Discovery, \(M. Wilkes', C'apt., expedition, [)5. Willamette, settlement on the. :\T.). .•177. Wel)ster, Daniel, .iH.j. WoKii Jus (leiitiun), 1.>1. In- sfitutions du Droit, \r>'A, 1(J(J. Woods, Lake of the, 204. 143. the astro- Avcst Coni- 'rth branch er, 14. 18. s the lati- >f the Mis- 9. 0. Disco- 245. Set- ptjon, 170. e■■>! October 1845. A Catalogue of New Works and New Editions, i'R(NTi:n Fnii I.ONraTAN, BllOWN, GREEN, .^: LONcnFAXS, Pa(cnio.ite)' Row, London. CLASSIFIED INDEX. AGRICULTURE AND RURAL AFFAIRS. i'^i,'« naylcinn On viiliiini Ilciits, &c. - A Crdcker's I.tuiM-Survcyitiir - - 7 Ditvy's .\srii'ultur:tl {■|it'mi'*ti'y - 7 Gri'i'nwnod's ('(il.i Trt't'-r^iftfr - 10 IIiinii:im un Witste M.inun's - - 11 .lolitT'on'M I'.irnit-r'H I'lii-yrlnppilia 15 Loudon's I'.nrvclttp. of Aurii-ulturo 1h " S<'ll'-lnstr\ii'tinn fur r:ir- nn'rs, iVc - - - 17 " (MrH.) r.ady's Country Compiinioh - - 17 Low's T'lcnicnts of Aijrifulturo - 19 " llrci-lsof tlio I)onii'-tii-:it(il Animals of Gri'at Kntain- 1!) " On I.aniltil Property - - HI " On the l)ome»ticatei'l Animals In ARTS, MANUFACTURES, AND ARCHITECTURE. Briinde's Dirtionary nf Science, &<:. 5 nuiliTf'K Miner's Guiili' - - • .*> ncMurtinon thcKnoMiedee oflMrturos 7 (iwilt'8 Kncyelop. of \rchitecluri; 11 H.iytton's Lectures (in PnintinKunil nesiirn 12 Tlolliind's Manufactures in Metnl - U I.miilon's Kncyrl.(tf Uiinil Vrchiti-ct. 18 Porter's Miinufae.ture of Silk - - "i\ " ** Porcelain & Glass *J4 Reiil (Dr.) On Ventilation - - 25 Ste;im Kntjine^hy rUe Artisan Club 28 tres Dictionary nf Arts, &('. - 31 ** On Recent Imprtivements in Arts,.te. - - - - 31 BIOGRAPHY. Aikin's Life of A.l'iison - - - 3 Iieir-4 hives of eminent British Poets 4 Dover's I.ifeof tlie Kinnof I'russia b Dualiam's Lives of the Early Wri- ters of Great Britain - 8 « I.ivesof British Uraniatists 8 Forster's Statesmen of the Com- monwealth of Enyhmil 9 •* CRev.C.)T,ifeof Bp.Jehb 9 Gloi(?*a Lives of tlie most Eminent British Military Cimnnanchrs - 10 Grant's (Mrs.) Memoir and Corre- sponilence ----- 10 James's Life {»f the Black Prince - 15 " Lives of the most Eminent Foreiun Statesmen - 15 Leslie's Life of Con.=.taI)lu - - 17 Mackintosh's Life of Sir T. More 10 Maumler's Bioj^raphical Treasury- 21 Roberts's Ihike of Monmouth • 25 Roscoe's Li\e8 of British Lawvera- 25 Russell's Correspondence of t!ie Fourth DuKc of Bedford - - 4 Shelley's t>ivi's uf Literary Men of Italy, Spain, ami Portuijal 27 " Lives of French Writers - 27 Southcy*s Lives of the Admirals - 28 Waterton'8 Autobiography & Essays 31 BOOKS OF GENERAL UTILITY. Acton*8 Cookery - - - - 3 Black's Treatise on Brewing • - 4 Collegian's Guide ^The) - - C Donovan's Domestic Economy - 8 Hand-book of Taste - - - 11 Hints im Etiquette - - - 12 Hudson's Parent's Hand-book - 14 '* Executor's (iuidc - - 11 " On M dtini? AVills - - 14 Loudon's Self-In'tructi(m - - 17 Maumior'8 Treasurv of Knowledge 21 " niot;rap)iii.al Treasury - 21 " Scnntitie and Literary Treasury - - - 21 " Treasury of History - 21 ** Universal (^lass-Book - 21 Parkes's Dome-tic Duties 23 Pycroft's (Rev. .1 .) Enjilish Reading '24 Riddle's Ltitiu-Enj^. Dictionaries 25 Short Whist '27 Thomson's Domestic Manaeoment of the Sick Room - 30 Thomson's Interest Tablch - - 3iii Blair's Chron. and Histor. Tables - i Bloomfield's Edition of Tliury.lides " Translation of do. Bun«en'-> Eyypt - - - - t'ooley's History of Maritime and Inland Discnveiv - - - Croue's History of'l'" ranee Pau'c-. Diblmann's Enu'li-^h Revolution - 7 DunhiiuS Hi^t.of SpiiiuS: I'ortU'.-al H '* History ol" Kuropc dur- in-th'- Middle .\'_"s - ^ '* Hi-l. of lhe(jenn;in Emp. s ** Hi-t.MV of D.-nni;nk. Swi- l.-ii, and N<t...rs Lifeof Uicliard 111. 11 ILivilon's Lectures on rainliniiand lic-iLMi - - - - 12 Hor-ir\'-, Bp.i Biblical fritici-m - 13 Jetfrey's ' Lord | rontrihutitins to Thi' Eilinhumh Review - - 15 Keii^lit lev's Outlines of History - I."> T/iin:;'s Kin;rs of Norway - - 1*» Lemprieri''> ( 'lassie i| Dictionary - 17 MacMulay's Crit. and Hist. Ess'iys 19 M ickinnon's Hi^torvofCivilisitinn l'» Ma> kintosh's Misi-i-ilaneous Winks 19 " Historvof Eiii^hml - 19 M'Cnlloch's Historical, f ;e..,r|.;ij,t,i. cil,and Statistical Dicti marv - 19 M;iUiider's Trea-ury <)f Hl-lory' - 21 ^Lllll■l■'s f 'hurch History - - 21 Moore's Hi^torv of Ireland - - 2 J Miill' r's Mvtlioloyy - - - 2J Nil ola'i's Clironolo-^y of History - 2! !t-nike"s History oftlu* Itt'roiin.ition 2 t Roberts's Diiki- of Monmouth - 2) Rome, Hist4M'y (d' - - - - ti'i Rus'scll's Correspondence of the Fourth Dukeof B.''■ "•.'^•■.'^• ■ ■:#■ W . --«« ;.> - t ■ ij!j: Pages 4 - 5 - r. - 6 G MISCELLANEOUS. ninrk's Trniiti*'*' on RrcwinK - Bray's riiilosopliv of NfCfssity ClavtTH'fl Fort'wt Lift- - - - CoHcuian'H Guide (The) (!oltiiirH r.iicnn - . - - Dt'IlurtinontlieKnnwIedu'pnfPiriurpa 7 l)v Murj:an On Prnlia!»ilitii's - K I)e Str7('lrc'ki'K Npw Soutli Wales - K Dunlop's Ilistnrv of I'irtion - - U Onoil's Hook (»f Nature - - - 10 Graliam's Kn^lish - - - - Ifi Grant's Lrtttrs from the Mountains 10 Guest's Slai)inocion - - - 11 Hnntl-liook of Taste - - - 11 Hohbps fThoR.)» Knclish Works of Vi llollaiui's I'roijrpsRivc Kducation - 11 Howitt'h Rural I. iff (tf Knulaml - 13 *« Visitsto Hrniar^alilc Places 13 *' Stuiiont-Life oi' Germany - 13 " Hural and Dtimostic Life ofGermany - - - 13 " Colonisation and Chris- tianity - - - 14 " German' Experirnrrs - 13 Humphreys' Illuniinatt'd Hooks - 14 Illuminated Calendar - - - 14 Jetlrey'H (f-ord) Contributions to Tlie' Kdinburi^li Review - - 15 Lefevre's (Sir George) Apology for the Nerves H Life of a Travelling Physirian - 17 Loudon's (Mrs.) Lady's Country Companion - - - - 17 Maeuulay's Crit. and Hist. Essays H* Mackintosh's Misi ellant*ou«* Wtirks 19 Marx and Willis (l)rs.) on Decrease of iJisease - - - - 21 Mirhelct'srriests,Women,&Familiefi'21 Mulier'H Mytholotfv - - - '^2 Pyrroft's Course or Eug. Reading 24 Snndby On Mesmerism - - - 20 SandfoVd'9 Cliureh, School, & Parish '2(i Scaward'8 Narrative of his Sliipwreck'^'i Smith's (Rev. Sydney) Works - 27 Isumnierly'a (Mrs. Felix) Mother's Primer 28 Taylor's Statesman - - - 29 Walker's ChesM Stuilies - - - 31 W'elsford on the F.ni;lish Laniim^e 32 Wiiian (Dr.) On Dualityof the Mind 32 Willoushby's(Lad\; Diary - - '62 Zumpt's Latin Grammar - - 32 NATURAL HISTORY. Catlow's Popular (Joncliologv - C " lancl'Motlift 8 Dtmblediiv's IJutterflies j Gray's Figures of MoUuscous.Vnimals 10 *'* Mammalia - - - - 10 " and Mitchell's Ornithology - 10 Kirby and Spenee's Entomology - 15 Lee's Taxidermy - - - - Ifi " Elements of Natural History Ifi Marcet's F-e^sons on Animals, Arc. 20 Newell's Zoology of the Eng. Poets 22 Proceedings of I^oological Society - 24 Stephens's Rritish Colcoptera - 2H Snainson On Study uf Natural Hist. 2!l " Animals - - - - 2'.} •* Taxidermy - - - 29 " Quadrupeds - - - 29 " Birds - - - - 2!» " Animals in Menageries - 29 " Fish, Amphibians, and Reptiles - - - 29 " Insects - - - - 29 '* Malacology - - - 29 ** Habits and Instincts of Animals - - - 29 Transactions of Zoological Society 30 Turton's Shells oftheBiitishlslands 31 Waterton'B Essays on Natural Hist. 31 NOVELS AND WORKS OF FICTION. Bray's (Mrs.) Novels ... 5 Doctor (Thel . . 8 Dunlop's History of Fiction - !) Howitt'8 (Marv) Nciglitumrs- - 13 " Home - - - - - in " President's Daughters - 13 " Diary, &c. - - - . 13 " The II Family, &c. - 13 Mnrryat's Masterman Heaily - - 20 " Settlers in Canada - 20 " Mission; or.Scenes in AfricaZi Willis's (N. I'.) Dashes at Life . 3'i ONE-VOL. CYCLOP/EDIAS AND DICTIONARIES. Blaine's Encyelop. of Rural Sports 4 Brande's Dictionary of Science, Ac. 6 Copland's Dictionary of Medicine - 7 Gwilt'8 Encyelop. or Architecture - 11 Johnson's Farmer's Encydopiedia- 15 Loudon's EncjclopiEdias— Agriculture - - . . Ih Rural Architecture - - - 18 Gardening - - - - 17 Plants W Trees and Shruhs - - - 18 M'CuUoch'sUeographical Dictionary 19 " Dictionary of Commerce Ifl Pages Murray's Enrvclop. of fieograpliy - Zi I 're'.-i Dictionary of Arts, ill'.- - 31 Webster & I'arkes's l)om. Economy 3'i POETRY AND THE DRAMA. Ail(in's(D.1 British riietsophy of Morals - 28 Stebbing's Church History - - 28 Tate's History of St. Paul - - 29 Tayler's Dora Melder - - - 29 " Margaret; or, the Pearl - 29 '* Sermons - - - - 29 " Lady Marv ; or, Not of the World . - - 29 Tomline's Christian Theology - 30 Turner's Sacred History - - - 31 Wardlaw's Socinian Controversy - 32 Will's Hible, Koran, and Talmud 32 Wilberforce's View of Christianity 32 Willoughliy's (Lady) Diary - - 32 RURAL SPORTS. Blaine's Dit:tionary of Sports - 4 Hansard's Fishingin Wales - - 11 Hawker's Instructionsto Sportsmen 11 Loudon's (Mrs.) Lady's Country Companion ----- 17 Stable Talk and Table Talk - - 2H Thacker's Courser'sRemembrancer 29 " Coursing Rules - - 29 THE SCIENCES IN GENERAL & MATHEMATICS. Pages Bakeuell's Introduction to Geology 3 Halmain's Lessons on Chemistry - 3 Brande's Dictionary of Science, Literature, and Art - - - 5 Brewster's Dptlcs - - - - 5 ('(mversations on Mineralogy - 7 DclaBeche'sGeolngy ofCornwall,&c, 8 Donovan's Chemi-^try - - - m I'arey On the Steam Engine - - 9 Fosbroke On the .\rts, Mannpi8,&r. of the Greeks and Romans - Greener On the Gun Hersrliel's Natural Philosophy " .\stronomy - Holland's Manufactures in Metal - Hunt's Re-'eanbes on Liirht - Kane's Elements of Chemistry Kater anil Lardner's Mechanics Lardner's Cabinet Cyrlnps'dia '* Hvdrostaticsvt Pneumatics 10 " and Walker's Electricity Ifi " Arithmetic - - - " Geometry - - - " Treatise on Heat - Lectures on Polarised Light - Lloyd On Liuht anil Vision - M.icken/.ie's Physiology nf Vision - Marcet's (Mrs.)' Con\ersation8 on the Sciences, See. Moscley's Practical Mechanics *' EngineeringiS:.\rchitccture Narrien's Geometry *' Astronomy and Geodesy Owen's LecturesonOomp. Anatomy ParnellOn Roads - Pearson's Practical Astronomy Pes( hel's Elements of Physics Phillips's PaliFoznic Fossils of Cornwall, Ac. " Guide to Geology - " Treatise on Geology ** Introduct. to Mineralogy Portlock's Report on the Geoh)gy of Londonderry - - - ' - Powell's Natural Philosophy - Quarterly Journal of the Gccdogieal Society of I^ondon Ritcliie (Robert) On Railways Roberts's Dictionary of Geology - 'iii Sandhurst Coll. Ma'themat. Course 2i> 8coresby's Magnetieal Investigations 'Jri Scott's .Arithmetic and Algebra - 2i'i " Trigonometry - - - 2fi Thomson's Algebra ... ;iO ^Vilkinson's Engines of War - - 32 TOPOGRAPHY AND GUIDE BOOKS. Addison's Hist. of the Temple Church 3 - 20 24 24 24 21 24 24 - 24 3 Guide to ditto Costello's (Miss) North Wales Howitt's (\V.1 German Experiences " (R.) Australia Felix TRANSACTIONS OF . SOCIETIES. Transactions of Societies:— British Arddtects - * - (.'ivil Engineers . - - Entomoh)gical - - , Geological Society of London Linntpan - - . , Zoological - - - - Proceedings ofthe Zoological Society 24 Quarterly Journal of the Geological Society of London - - - TRAVELS. Coolev's "World Surveyed Costello's (Miss) Nortli "Wales I)e Custine's Russia - - - De Strzelecki's New South Wales - F.rman's Travels through Siberia - Harris's Highlands of A-tliiopia - Howitt's Wanderings of a Journey- man Taylor - - . '* German F^xperienccs ** (R.) Australia Felix Laing's Notes of a Traveller - " Residence in Norway '* Tour in Sweden Life of a Travelling Physician Parrot's Ascent of Mount Ararat Paton's (A. A.) Servia - " '' Modern Syrians - Postans's Obsenationson Sindh - Seaward's Narrative - . . Strong's Greece as a Kingdom Von tnlich's I ravels in India VETERINARY MEDICINE AND AFFAIRS. Field's T-eterinary Records - Mortoti Veterinary Medicine " " ToxicoliiKical Chart Percivall's Hippopatholopy - " Anatomy of the Horse - SpoonrrOn Foot.iiid I, eg of Horse stahle Talli and Tabic Talk - Turner On tlie Toot ofthe Itorsu Wlilti^'s Veterinary .\rt - - - " Cattle Medicine JCES IN GENERAL THEMATICS. Pagei TOilurtinn toGpology 3 •^nus on Chi'nii-trv - 3 tionary of Science, [iiiil Art - - - 5 tirs - ... 5 on Minernlopy - 7 icoloey ofC'orn«all,&c. « i'lni^try - - - m >ti'am Knifine - - jj lie Arts, Mannpis,Ar. s anil Uomans - - 9 r Gun - - - 10 tiiral Philosophy - 13 rononiy - -' - 12 iufai:turrR in Metal - 12 rhi's on Meht - - 14 ita of Chemistry - 1.5 dner'8 Mechanics - 15 inct Cyi jopiriiia - Ifi rostaticsA Pneumatics Ifi Walkers Electricity IB hmetic ■ - - IB inelry - - -Ifi itise on Tteat - - 16 "larised I-ipht - - IB it anil Vision - - 17 lysioloBy of Vision - 19 .} Conversations on ,fic. ... 20 'tical Mechanics - 23 aeerini,'.%Arohitccture 32 netry - - - 2() onoiMv anil Geoilesy 3B •son ('omp. Anatomy 33 mis - - - 33 tieal Astronomy - 2.3 ents of Physics - 33 (pozoie Fossils of nnall, &c. - - 34 e to Geolocy - - 24 tise on Genfouy . 34 iluct. to .Mineralojiy 24 nrt on the Geolojiy TV - - - - 34 al Philosophy - - 34 nal of thcGeologieal nilon - - - 24 t) On Railways - 2,> imary of Geoloijy - 2.5 . Mathcmat. Course 3B netieal Investigations 3B 'tic anil Aliichra - 31! metry - - - 3fi :ehra ... HO i^ines of War - - 32 iRAPHY AND >E BOOKS. ol the 'I'cmple Church 3 'to ditto . . 3 ) \orth Wales - 7 rman Experiences 12 ustralia Felix - 13 VCTIONS OF CIETIES. Societies:— tccts - •• - 30 eers - - -30 cal ... 30 ociety of Lomlon 3(1 I - - . _ tilt 30 1 le Zoological Society 34 1 al of the Geological ■ don 24 ■ AVELS. 1 Mirvoveil c> ■ N'ortli Wales 1 ssia 7 few South Wales - 7 I tliroUL'h Siheria - Ills of jl^thiopia - 11 riniis of a Journey- 'i'.vlor - - . 13 t'xperienecs 13 ^tralia Felix 14 a Traveller - in 'e in Norway If. Sweden IB ng Physician 17 of Mount Ararat (i iervia - 23 klodern Syrians - 2.t ationsonSindh - 24 live 2fi is a Kingdom 28 vels in India 31 RY MEDICINE AFFAIRS. y Records - 9 ary Medicine 22 uiicologic.-il Chart 22 pathology - 23 my of the Horse - 33 ami I.cg of Horse 3H Tahle Talk - 2S )ot of the lIor«i) 31 ■yArt - 32 edicinc 32 CATALOGUE. ABERCROMBIE'S PKACTICAL GARDEXER, And Improved .System of Modern llortii-ulture, alpliiilit'ticnlly arriin!.'('d. 4tli Kditioii, witli Introductory Treatise on Vcfretnlde I'hysioloffy, and I'late.s, Ijy W. fialistniry. lamo. (is. lids. ABERCROMBIE & MAIN.-TIIE PKACTICAL GARDENER'S (COMPANION; or, llnrtimdtnral Calendar: to wliirli is added, tlic (iai-dcii-x'ecd and Plant Estimate. Kdited from a -MS. of J. Abercronibie, by .1. Main. 8tli lidition. 32ino. 3s. 6d. sd. " Miss Eli/.i .\i'tim iliav congratulate hriself on hii\inix eompi finding its way tocM'ry* dresser' in tlie kiiludom. Hcrrnokiiy in of the art that has yel Iieen jmhlislied. It strooijly iiiriili-.ite's ei* may he eoniiii-tid without tliat rei-kiess extravaea'ni-e wliieli g they can give of skill in tlicir profession." — Moii.MMi i'jST. d a Wi.ik of t'riMt utility, anl 011c lliat is S|iefilily k isuiHlUi'stiiiiKihly the nmsl \ alu:iMeininpendmTn 'Ulii al pi illi'ipl|...,';iri.l p.ilnt- out liniv cm id lllilics d cooks have Liccn "oiu In iliia^inu tla- best eviilence ADAIR (SIR RORERD.-THE NEGOTIATIONS FOR THE PEACE of the D.VRDANKLLIvS, in 1808-9: with Dispatrlies and ( Jilicial Documents. Ily the Rjiflit Honourable Sir Uoukkt Aijair, G.C.U. lleiii^ a tieiiuel to the .Memoir of his Mission to Vienna in 180C. 2 vols. 8vo. '28s. cloth, ADAIR (SIR ROBERT).-AN HISTORICAL MEMOIR OE A MISSION to the COURT of VIENNA in 1806. ' By the Riirht HonourableSir Kodkut Ai>aih, G.C.IJ. With a .Selection from his Despatches, published by pcrniission of tlie proiier Autliorities. Svo. 18s. cloth. ADDISON.-TIIE KNIGHTS TEMPLARS. By C. G. Addiso.n, Est]., of tlie Inner Temple. 2d Edition, enlarged. Square crown Svo. with Illustrations, 18s. cloth. ADDISON.-THE TEMPLE CHURCH IN LONDON: Its History and Antiquities. By (;. G. Addiso.n, Esq., of the Inner Temple; Author of " The History of the Knights Templars." Siiuare crown Svo. with Six Plates, 5s. cloth. Also, A FULL AND COMPLETE GUIDE, HISTORICAL AND DESCRIPTIVE, TO THE TEMPLE CHURCH. (From .Mr. .Vddison's " History of theTempleChurch.") Square cr. Svo. Is. sewed. AIKIN.-THE LIFE OF JOSEPH ADDISON. Illustrated by many of his Letters and Private Papers never before published. By Lucy AiKiN. 2 vols, post Svo. with Portrait from Sir Godfrey Kneller'b Picture, ISs. clotli. AMY HERBERT. By a Lady. Edited by the Rev. William Sewell, B.D. of Exeter College, Oxford. 2d Edition, 2 vols. fcp. Svo. 9s. cloth. BAILEY.-ESSAYS ON THE PURSUIT OF TRUTH, And on the Progress of Knowledge. By Samuel Bailey, .-Vuthor of " Essays on the For- mation and Publication of Opinions," "Berkeley's Theory of Vision," &c. 2d Edition, revised and enlarged. Svo. 98. Gd. cloth. BAKEWELL.-AN INTRODUCTION TO GEOLOGY. Intended to convey Practical Knowledge of the Scieu e, and comprising the most important recent discoveries; with explanations of the facts and phenomena which serve to confirm or invalidate various GeologicalTheories. By Robert Bakewell. Fifth Edition, considerably enlarged. Svo. with numerous Plates and Woodcuts, 21s. cloth. BALMAIN.-LESSONS ON CHEMISTRY, For the use of Pupils in Schools, Junior Students in Universities, and Readers who wish to learn the fundamental Principles and leading Facts: with Questions for E.\amination, Glossaries of Chemical Term.s and Chemical Symbols, and an Inilex. I!y William H. Balmain. With numerous Woodcuts, illustrative of the Decompositions. Fcp. Svo. 68. cloth. BAYLDON.-ART OF VALUING RENTS AND TILLAGES, And the Tenant's Right of Entering and Quitting Farms, explained by several Specimens of Valuations; and Remarks on the Cultivation pursued on Soils in ditl'erent Situations Adapted to the Use of Landlords. Land-Agents, Appraisers, Farmers, and Tenants. By J. S. Bayldon. 6th Edition, correctedand revised. By John Donaldson, Land-Steward, Author of "A Treatise on Wanuiss and Grasses." Svo. lOs. Cd. cloth. ■kk ■ ' ■X -.'«'. lA '■ ' 1 ' ; ,.'■ • ;■> P^ ■•■\f *• ■)V' . • •:.(■,■.■■■■ ■t<^7*'>« .' < ' ' iP; 1, v.; ■ '■■■ r ■•"'' i'i; '. /^ -1 '■ : _ ■ » ' . 'i ^' ' ' '..' 'o.;;!; .y'i'ii: - , "'-■ ■' ..;^- 'V', X i( ■ , /■'►^ ,■ .■^...t' , ■'■ , ■■ii,4ix ^, ,;, , ■ '-' . -^'"t ' A^ * **■'.' ■■ ':>( ' ^^V ,•; ^•■■fm ; ■.-.'Mi'' w •'i" ■ . :;''\' ni'C'lii,: ' ■ ! , ' ■■'• ' ■"^■' '•. ,'■ ■ ' ■>K ■ ■* ■ -. ' . u 4 ' ■ . ': ' :}^ '■ ',;'"■ 5 ■ i,,' uW.ii , i . ; '•:!'n'.«1V •■, :}}■• •» ,';j; ' ,' • 1 -' "^ ' ?- CATALOGUE OF NEW WOUKS BEDFORD CORRESPONDENCE. - CORRESPONDENCE OF JOHN, FOURTH DUKK OF HKOFORn, selected from the Originals at Woburn Abbey: with Introductions hv L(»rd Jdhx Ritssei.l. Hvo. Vol. 1 (1742-48), 18s. cloth ; Vol. 2 (1740-60), 15s. cloth. *' The Rcroml volume of this pulilicjition inclmlt-s a coiTcsponcicni'*' hnvim; ri'lation to the pt'rioH from the Pcnro of Aix la-('h;ipt IIl' ti tlir *piMtine the state of Iielaml uniler llie Viceroyalty of the Uuke of IlidronI, alho here, are not a little interestint;." — Muumno Ili:u.vi.i). *4* The Third, and concludin^^ volume, with an Introduction by Lord John Rcssell, is in (he Press* BELL.-LTVES OF THE MOST EMINENT ENGLISH POETS. J»y Robert IJkll, Ksq. 2 vols. fcp. 8vo. with Vignette Titles, 128. cloth. BKLL.-TIIE HISTORY OF RUSSIA, Fr(im the Kiuiicst I'erioil to the Treaty of Tilsit, with Vii^iiette Titles, 18s. cloth. By RouERT Bell, Kmi. 3 vols. fcp. 8vo. BLACK.-A PRACTICAL TREATISE ON BREAVING, Based on Chemical and Economical l'rincii)lcs: with Formula; for Public Brewers, and Instructions for Private Pamilii's. By William Black. Third Edition, revised and cor- rected, with considerable Additions. The Additions revised by Professor Graham, of the London University. 8vo. 10s. TmI. cloth. " T tnkc nrrasion, in concliuIiiiLr this article, to refer my rtailerfl to tho * Prartieal Treatise on Hrewinp,* bv Mr. William Itlai'k, a ir* ntlem.'tn of iimeh experienee in tlie liusines!i. Ilia little work contains a ^reat deal of Ubeful in- formation." — Ull. UkE'S Slll'LEME.VT TO HIS " UlC'IIO.NAIlV." BLAINE.-AN ENCYCLOPAEDIA OF RURAL SPORTS ; Or, a complete Account, Historical, Practical, and Descriptive, of Huntina:, Shootinfi, Fishinp, Racing^, and other Field Sports and Athletic Amusements of the present day. By Up.labbke P. Blaink, Esq. Author of " Outlines of the Veterinary Art," " Canine Pathology," &c. &c. Illustrated by nearly 000 Engravings on Wood, by R. Branston, from Drawings by Aiken, T. Landseer, Dickes, &c. 1 thick vol. 8vo. £2. 10s. cloth. BLAIR'S CHRONOLOGICAL AND HISTORICAL TABLES, From the Creation to the present time: with Additions and Corrections from the most authen- tic Writers ; inchidinp; the Computation of St. Paul, as connectinj^ the Period from the Exode to the Temple. Under the revision of Sir Hkmiy Ellis, K.H., Principal Librarian of the British Museum. Imperial 8vo. 31s. 6d. half-bound morocco. *' Tlie student of liistory, \oTiff art x;stomed to the Doctor's ponderous and unmann^fenble folio, wUI rejoice over this Ijandsome and handy volume. It is the revival and enlarijoment, in a far mnrt' compact and arailalde form than the original, of the cdehiated * C'hrontdo^ical Tahles' of Dr. Ulair. It comprises additions to our own time, and correc- tions from the moit recent authoritii':- The outline of the plan is faitlifully preserved and carried out, witii every improvement of uhicli it was gusceptio'.e." — Examinkii. BLOOMFIELD.-HISTORY OF THE PELOPONNESIAN WAR. By Thucydides. A New Recension of the Text, with a carefully amended Punctuation; and copious Notes, Critical, Philological, and Explanatory, almost entirely original, but partly selected and arranged from the best Expositors : accompanied with full Indexes, both of Grc' . Words and Phrases explained, and matters discussed in the Notes. The whole illus- trat. by Maps and Plans, mostlv taken from actual surveys. By the Rev. S. T. Bloom field, D.U. F.S.A. 2 vols. 8vo. 38s. cloth. BLOOMFIELD.-HISTORY OF THE PELOPONNESIAN WAR. By Thucydides. Newly translated into English, and accompanied with very copious Notes, Philological and Explanatory, Historical and Geographical. By the Rev. S. T. Bloo.mfield, D.D. F.S.A. 3 vols. 8vo. with Maps and Plates, ^2. 5s. boards. BLOOMFIELD.-THE GREEK TESTAMENT : With copious English Notes, Critical, Philological, and Explanatory. By the Rev. S. T. Bloom FIELD, D.D. F.S.A. 5th Edition, improved. 2 vols. 8vo. with a Map of Palestine, jf2, cloth. BLOOMFIELD.-COLLEGE & SCHOOL GREEK TESTAMENT ; With English Notes. By the Rev. S. T. Bloomfield, D.D. 3d Edition, greatly enlarged, and very considerably improved, l'2ino. lOs. 6d. cloth. BLOOMFIELD.-GREEK AND ENGLISH LEXICON TO THE NEW TEST.VMKNT: especially adapted to the use of Colleges, and the Higher Classes in I'ublic Schools; but also intended as a convenient Manual for Biblical Students in general. By Dr. Bloomfield. 2d lylition, greatly enlarged, and very considerably improved. 12mo, on wider p.iper, lOs. 6d. cloth. BOY'S OWN BOOK (THE) : A Ompletp Encyclupadiiiof all the Divei.sions, Athletic, Scientific, and Recreiitive, of Boy- hood and Youth. 20th Edition, square 12mo. with many Enuravings on Wood, 6s. boards. • i I.'-' DENCE OF t Woburn Abbey ; criorl from tlir Pi'acc of iint qiKslion on "Inch uni'timi 111 the Huki' of Jl'tlie Uuki' of Diilluiil, ) Joiix Russell, SII POETS. . 3 vols. fcp. 8vo. )lic Brewers, and I, revised and cor- r Graham, of the -' on Brewing," hv Mr. ^reul deal of usclul in- RTS; Bhootinnf, Fishing', r. By Urlabgrb tholoffy," &c. &c. swings by Aiken, TABLES, the most authen- id from the Exode 1 Librarian of the ), will rpjftice over this 'liilile i^iirni f ban the 'n time, and corrrc- rrica out, with every [AN WAR. nctuation; and final, but partly Indexes, both of The whole illus- BloOM FIELD, IAN WAR. J copious Notes, Bloom FIELD, the Rev. S. T, ap of Palestine, TAMENT ; reatly enlarged, TO THE ;lier Classes in nts in general, proved. 12nio. •eiitive, of Uoy- , Ob. boards. PUINTKD KOR LONGMAN, HUOWN, AND CD. BRANDE.~A DICTIONARY OF SCIENCE LITERATURE, AND ART; comprising the History, Description, and Srinntific Principles of every Branch of lliniinn Knowledge; with the Derivation and Dctinition of all the Terms in Gcncial Use. Kditcd by W. T. Bkandk, F.K.S.L. & K. ; assisted by Joshph Cai'vix, Ks(i. The various /1'ti\nio in t\ritA\ 1 t'nrv tliif.L- vt\\ fiv'jt illllut riltpil liv n X. .F. ... m. , a...^. .. .' ... .......... -- •'• . ..J di'partiiicnts are by Gentlemen of eminence in e-ich. Wood Kngravings, .£3, cloth. J. ..-11. Ill xw». »..-., ...^>|. «... ......'..u 1 very thick vol. 8vo. illustrated by BRAY'S (MRS.) NOVELS AND ROMANCES, Revised aixl corrected by .Mrs. Bhay. In 1(1 vols. fcp. Svo. with Frontispieces and ViL^iiettes from Di'siLrns (ind Sketches by the late Thomas rilothard, R.A. ; C. A. Stotharil, F.."<.A.; Henry Warren, Esij. ; &c. Vol. 1, The White Hoods. With a new General Preface, a Portrait of the Author, after W. Patten, and Vignette Title, (is. cloth. TheTalba;- cloth. Vol.2, Ue I'oix;— Vol.3, The Protestant -.—Vol. 4. Fit/, of Fitzford;— Vol. 5, Vol. 6, Warlei.gli.— Each with Frontispiece and Vimiette-title, fis *»* To be continued monthly, niid completed in 10 volumes ; each containing an entire Work, printed and enibellished uniformly with the " Standard Novels." bltnEU OF I'fnUCATIO.V. Nov. 1— Trelawney. I .Ian. 1 — Henry De I'omeroy. Dec. 1— Trials of the Heart. I Feb. 1— Courtenav of Walreddon. BRAY. -THE PHILOSOPHY OF NECESSITY; Or, the Law of Conserpiences as applicable to Mental, Moral, and Social Science. By Ch a rles Bray. 2 vols. Svo. 15s. cloth. BREWSTER.-TREATISE ON OPTICS. By Sir David Brewster, LL.D. F.R.S., &c. New Edition. Fcp. Svo. with Vignette Title, Riid 176 AVoodcuts, Bs. cloth. BUDGE (J.)-THE PRACTICAL MINER'S GUIDE; Comj)rising a Set of Trigonometrical Tables adapted to all the purposes of ( )bli(iue or Diagonal, Vertical, Horizontal, and Traverse Dialling; with their application to the Dial, Exercise of Drifts, Lodes, Slides, Levelling, Inaccessible Distances, Heights, &c. By J. Bldqe. New Edition, considerably enlarged. Svo. with Portrait of the Author, 12s. cloth. BULL.-THE MATERNAL MANAGEMENT OF CHILDREN, in HEALTH and DISE.VSE. By T. Bull, .M.D. Member of the Royal College of Physicians, Physician-Accucheur to the Finsbary AlidwMfery Institution, Author of " Hints to Mothers for the Management of their Health iluring Pregnancy and in the Lying In Room." tion, revised and enlarged. Fcp. Svo. 7s. cloth. 2d Edi- By Samuel BuRDER, A.M. 3d Edit. BULL.-HINTS TO MOTHERS, For the Management of Health during the Period of Pregnancy and in the Lving-ln Room; with an Exposure of Popular Errors in connection with those siibjects. By Thomas Bi i.l, M.D. Physician Accoucheur to the Finsbury Midwifery institution, &c. &c. 4th Edition, revised and considerably enlarged. Fcp. Svo. 7s. cloth. " Excellent guides, and deserve to be generally known."— Johnson's MEnico-CliURuuaiCAL Heview. BUNSEN.-AN INQUIRY INTO THE HISTORY, ARTS AND SCIENCES, LANGUAGE, WRITING, MYTHOLOGY, and CHllONOLOGY of ANCIENT EGYl'T: with the peculiar position of that Nation in reference to the Universal History of Mankind. By the Chevalier C. C. J. Bunsen. Translated from the German, under the Author's superintendence, by C. H. Cottrbll, Esq. ; with additional matter, furnished by the Author. 2 vols. Svo. with numerous Plates. [I'lepariiig for publication. BURDER.-ORIENTAL CUSTOMS, Applied to the Illustration of the Sacred Scriptures, with additions. Fcp. Svo. 8s 6d. cloth. BURNS. "THE PRINCIPLES OF CHRISTIAN PHILOSOPHY; containing the Doctrines, Duties, Admonitions, and Consolations of the Christian Religion. By JoH.N Burns, M.D. F.R.S. 5th Edition. 12mo. 7s. boards. BURNS.-CHRISTIAN FRAGMENTS; Or, Remarks on the Nature, Precepts, and Comforts of Religion. By John Burns, M.D. F.R.S. Professor of Surgery in the University of Glasgow. Author of " The Principles of Christian Philosophy." Fcp. Svo. 58. cloth. BUTLER.-SKETCH OF ANCIENT & MODERN GEOGRAPHY. Samuel Butleu, D.D. late Lord Bishop of Lichtield and Coventry; and formerly Head ster of Shrewsbury School. New Edition, revised by his Son. Svo. i)s. boards. By Maste Tlin pn'..™t I'dilioii has lii'i'ii cirefiilly ii'vised liy tlir aiitlior- -on, and mi.Ii aller.ilion'- intriiducrd an rontinuallj pruirn'ssiM- di«*( nM'rii'^ and llii' latest infurnialicui renden-d uceessai v Iti-r-eiit Tta\«ds Imve lief-n ronstantly ron- Millid will 11 any d"iilil or dilliculty seemed to require it ; ,inJ some ndailiunnl inattrr liut been added, both in tli* ancient and niuilirn part. Ml -.!■.! H ,•, •. •- '0S ■ -4 ■' M li:, :v;a (5 CATAI.tXtUK OF NKW WOllKS BUTLER.-ATLAS OF MODERN GEOGllAPTIY. Hy the late Dr. Hittlkr. New Edition; roHsistin^ of Tweiity-tlirn; coloiirpd Mnps, from a New Het of I'lates ; with nil li.dex of all the Names of Places, referriii}? to the Latitudes and Lon2;itude8. 8vo. 12s. half-bound. BUTLER.-ATLAS OF ANCIENT GEOGRAPHY. IJy the late Dr. IU'tlkr. (.'onsistinir of Twenty-three roloured .Mn;)S ; with an Index of all the Names of Places, referring to the Latitudes and Longitudes. New l-ldition. 8vo. 12s. hhd. *»* The above two Atlases may be had, half-bound, in One Volume, 4to. price 24s. CALLCOTT.-A SCRIPTURE TIERRAL. With upwards of 120 Wood Enfj;ravini;s. IJy Lady Callcott. Square crown 8vo. 25s. cloth. CATLOW.-POPULAR CONCHOLOGY ; Or, the Shell Cabinet arranijed: beins; an Introduction to the Modern System of Conchology: with a sketch of the Natural Ilistoryof the Animals, an account of tlie Formation of the Shells, and a complete Descriptive List of the Families and Genera. By Aa.vES Catlow. Fcp. 8vo. with 312 Woodcuts, lOs. fid. cloth. CIIALENOR.-POETICAL REMAINS OF MARY CIIALENOR. Fcp. 8V0. 4s. cloth. •' The poems lire Bwoitly nntural ; nml, thoueli on topirs often sung, brentlie a tonilernsBS anJ meliuiihuly which arc ill i)nce scuttling antl consohitorv." — Litkhauv Gk'HuTte. CIIALENOR.-WALTER GRAY, A liallad, and other Poems. 2d Edition, includin Fcp. 8vo. Gs. cloth. the Poetical Remains of Mary Chalcnor. As the simple and spontaneous efTusHins of a mind apparently filled with Teelinss which render the fireside hap|iy, and iintinetureil with afreetatinn m- Terl)ia','e, they may uidi lienelit he received into tlie * happy homes of Lnglaud,' and otTcrcd as a gift to the youtldul ol' hotli sexes." — CHiMULUti's I^^uinulhou Joi'U.nal. ' A New Home, Who '11 Follow ?" 2 vols. CLAVERS.-FOREST LIFE. Hy M A RY Clavers, an Actual Settler ; Author of fcp. 8vo. 128. cloth. COLLEGIAN'S GUIDE (THE) ; Or, Uecollections of Collesre Days, settinj? forth the Advantages and Temptations of a Univer- sity Education. Hy **** ******, M.A. College, t)xford. Post Svo. 10s. 6d. cloth. " The hook is one of which we may truly say it is merry and wise — a happy combination of the amusinir ami instructive. Many id' its views and stories of colleire life are as entertaininix a's they are evidently represent.itions of facts ; and whilst parents, Kuardians, and teachers, mav refer to these paites with advantaee to their sons, wards, and pupils, so m.iy the latter harn much tliat is i-ooil for them to know, and which few could irstil so ell'ectually into the college youth as the author of this agreeable and useful Guide."— Liteuabv Uazette. COLTON.-LACON ; OR, MANY THINGS IN FEW WORDS. By the Rev. C. C. Colton. New Edition. Svo. 12s. cloth. COOLEY.-THE WORLD SURVEYED IN THE NINETEENTH CENTURY; or. Recent Narratives of Scientific and Exploring Expeditions (chiefly under- taken by command of Foreign Governments). Collected, translated, and, where necessary, abridged, by W. U. Coolk y, Esq. Author of the " History of Maritime and Inland Discovery" in the Cabinet Cyclopa'dia, &c. The First Volume of the Series contains— THE ASCENT of MOUNT ARARAT. By Dr. Friedrich Parrot, Professor of Natural Philosophy in the University of Dorpat, Russian Imperial Councillor of State, &c. Svo. with a Map by Arrowsmith, and Woodcuts, 14s. cloth. *»* Each volume will form, for the most part, a Work complete in itself, and the whole Series will present an accurate and luminous Picture of all the known iwrtions of the Earth. The Second Work of the Series will be ERMAN'S TRAVELS through SIBERIA, svo. [In the presi. *4* On this traveller, the President of the Royal Geographical Society, in his Anniversary Address last year, bestowed the following encomium :— " If we regard M. Adolph Erman as an astronomical geographer and explorer of distant lands, we must all admit that he stands in the very highest rank." And in his Address delivered in May last, the President again made honourable mention of this traveller in the following terms : — " In announcing to you with pleasure that the excellent work of your distinguishecl foreign member and medallist, Adolph Erman, is about to appear in English, I must not lose the opportunity of stating, that the last communication sent to us by M. Erman is one of very great importance." " The plan of this work we have before taken occasion to commend. It has, indeed, two great and obvious ad- vantases. In the first place, the narrative style must always be more interesting than the merely descriptive j and, in the next, the express subject of any particular volume must receive more justice than it could hope for in any treatise of general geography. In both respects it must form an admirable companion to such general treatises, which it is by no means intended to supersede, but to amplify, explain, and illustrate. To such works, therefore, fts Malte-Brun (improved by succeeding editors), the addition of this companion cannot fail to constitute a complete body of geography, so far as regards the countries and objects to be ' surveyed.' " — Aiuen/Eum. COOLEY.-THE HISTORY OF MARITIME AND INLAND DISCOVERY. By W. D. Cooley, Esq. 3 vols. fcp. Svo. with Vignette Titles, ISs. cloth. ured Maps, from a thf Latitudes and rtitb an Indox of nil tioii. 8vo. 12s. lil)d. , price 2-Js. own8vo.23s. clotii. femof Conclioloffy; latioiiof tlip Shells, ATLOW. IVp. 8V0. ^HALENOR. anil meluQuhuly which of Mary Clialenor. •niler the fircsiih' happv, 1117 hoiupn uf LnijIauJ,' 1 Follow?" 2 vols. ations of a Univer- . 6d. cloth. im of thp amufiinir anii idently reprt'spn tat ions iro to their sons, wards, luhl irstil so eiluctually W WORDS. ^ETEENTH ms (chiefly iinder- where necessary, Inland Discovery" TiROT, Professor rial Councillor of d the whole Series of the Earth. [In the press. n his Anniversary /Vdolph Erman as that he stands in ident again made neingtoyou with medallist, Adolph stating, that the ." reat and obvious ad- rely dcseriptive ^ and, ould hope for in any eh general treatises, ach works, therefore, L'oustitute a complete INLAND lies, 188. cloth. CONVERSATIONS ON BOTANY. jnh Edition, improved. Fcp. 8vo. 22 Plates, 7s. fid. cloth ; with the plates coloured, 12s. cloth. CONVERSATIONS ON MINERALOGY. With Plf> .'s, eiiarravod by Mr. and Mrs. Lowry, from Original Drawings. 3d Edition, en- larged. 2 vols. I2mo. 14s. cloth. COOPER (REV. E.)-SERMONS, Chiefly designed to elucidate some of the leading Doctrines of the Gospel. To which is added, on Appendix, containing Sermons preached on several I'lililic Occasions, and prinlcd liy desire. By the Rev. Edward Cooper, Rector of Hanistall-Riti.e.ma.n's Mauazine. ,v ■ «.. • y \. !'■;■ p^f,. I.'.:!'' ■*'^'''--.r.'' ;.;; > i* '■ vSf .'>l- : « •-■ *■' >^ ^■^:& CATALOGUE OF NKW WORKS DE LA BECTTE.-RErORT ON THE GEOLOGY OF CORN- WAIJi, DKVoN, and WKSI' SOM KUSKT. Hy IIknky T. I)k la Mkciii:, I'.U.S. &c., Dirrrtoriit tlicOiitimnceCifoloairul Survey. I'lildislicd ItyOnlor of the Lords Coiiunissioiicrs of H.M. Treasury. 8vo. witli Maps, Woodcuts, and 12 large I'ates, Hs. cloth. DE MORGAN.-AN ESSAY ON PRORARILITIES, ' And oil tlieir Application to Life t'ontiMircncles and Insurance Olliccs. Hy \va. DE .Morgan, of Trinity Collefje, Cambridge. Fcp. 8vo. with Vignette Title, 68. cloth. i DE STRZELECKT (P. E.)-T1IE PHYSICAL DESCRIPTION of NKVV SOUTH WAIiKSand VAX nir.MAN'S LANP; accompanied liy a (ieoloiri.al Miij) Sections, and Diuyrams, and Figures of the Organic Kemains. Uy 1'. li. 1)k Sntzi;i,i:cKi. 8vo. with coloured .Map and numerous I'lates, a4s. cloth. " An pxci'llcnt Hricntiflr IinnV ; rlif s\ilij.-rt tlifrniiL'hly liiircsti-il, tlir styli' nlwuy^ rlcnr, tlir infcrmntinii full, ini.l prrsfnti'il witli skill itiiil schnl;iii\ iirt. M. \)v str/i'lfi-hi li:is p;isM li tvvi-lvr yciir-.' in vny;ti;ini: jitmI cxpIiuinL: ri'Mii'l till- L'lt.lic; lui.l, I. lit iif Ihi-i', fi'vc c.f ciintiliniil liilMiiir, ' ilunni.' ii Imir iil'T.HKI miles im I'liil,'".-!!' .'.vuli.! I,, T:isin:cniii. h sii'ins nii'iUi'-s |,, .ulil tu llii>. tliiit »i' him- liltlii llo li.icl nii rli -ii j|itiiin nf tW n.uiJry i i>ni|Kir,ili|,' tn Ills for ciiri- luul aiitlicntirity. Its sritutinc pi. in i^ jiiiliciuu^ly pri'..rrM'il tlirouuhnllt the wmk ; but we liiivf, now nnil tlien, .Tt tlio I'lmt nl' tin' 'paei', very intcri'stini? notes of persuiiul iiljsutv.ilUm or uilvtntuiT, cxtriu'teil from ' M. I)e StrzL'U'cki'H pii\.linr(Iv heiniv his hist illness triv!ite Irtter from Mrs. Southi'. , rirtti'd Feliruury 27, 1n4:J, >«lir not only states tlie f.ut, hut ;uhls tliat tlie greater part uf a sixth vnlunie hail '^aw thnm^h the pres'*, !in. uniform with Gray and Mitchell's Ornithology ; Illustrated with 75 Coloured Plates. *»* To be published in Monthly Parts, 5s. each ; each jiart to consi'^t of 2 coloured plates, with accompaiiyinjf Letter-press, (fivinsr the Generic Characters, a Short .Notice of the Ilal)its, and a Catalogue of the Species of each Genus. Publication will commeuce when 130 Sub- scribers' Names have been received. DOVER -LIFE OF FREDERICK II. KING OF PRUSSIA. By Lord Dover. 2d Edition. 2 vols. 8vo. with Portrait, 28s. boards. DRUMMOND.-FIRST STEPS TO BOTANY, Intended as popular Illustrations of the Science, leadina: to its study as a brancli of ijeneral education. By J. L. Drum.mo.nd, M.D. 4th Edit. l2mo. with numerous Woodcuts, its. hits. DUNHAM.-THE HISTORY OF THE GERMANIC EMPIRE. By Dr. Dunham. 3 vols. fcp. 8vo. with Vignette Titles, 18s. cloth. The History of Eitrope during the Middle Aces. By Dr. Dunham. 4 vols. fcp. 8vo. with Vignette Titles, .£1. 4s. cloth. The History of Spain and Portugat.. Bv Dr. Dunham. 5 vols. fcp. Svo. with Vignette Titles, ^1. 10s. cloth. The History of Sweden, Denmark, AND Norway. By Dr Dunham. 3 vols. fcp. Svo. with Vignette Titles, 188. cloth. (IF Poland. By Or. svo. with Vignette" Title, The History Dunham. Fcp 6s. cloth. The Lives of the Early Writers OF Great UurrAix. Hy Dr. Dunham, K. Hell, Es(i. &c. Fcp. Svo. with Vignette Title, 6s. cloth. The Lives of British Dramatists. Hy Dr. Diinliam, U. Hell, Esq. &c. 2 vols. fcp. Svo. with Vignette Titles, 12s. cloth. or CORN- KCIIK, I'.U.S. iVc, niM CuiiiiiiiiiMiuiu'i'ti uth. 1 Auo. DE Morgan, SCRIPTION y a (ji'oloi^ncal .Miii> ;. 1)K Sru'/KKi:cKi. IP information full, ami iii: jiml )'X|il(nin:: icuinl 1 U u1,' \M-I.* il.M.lnl I.) Ilii' '-I'Ui.try ( i'ni|i;tralilt' iMn k ; but \v*- liiivf, iii.w vt'ntun*, uxtnu'ttM iVum , thorr is n" Innirr nnv il till' f.irt >Iinrtlv lifini-;. ter rnmi Mrs. Souttn', . sixtli vnhnnt' li:i. led l*latc3. 2 colniii cd pliito.s, Itici' r>t'tlic llal)its, ce wlien 150 dub- RUSSIA. [branch of aroneral .'oodcuts, <)s. lids. EMPIRE. ^ND. By Dr. Il Vi,!?nette Title, LrI,Y WniTF.RS |y Dr. Diiiihaiii, with Vignette DllAMATlSTS. Isq. &c. 2 vols. Vs, 12s. clotli. PUINTKD FOR LONGMAN, IJUOWN, AM) CO. 9 DUXLOP (JOnN).-TnE HISTORY OF FICTION : lleiiii; a Critiral Account of tiie most cdchratcd I'rosc Work.s of Fiction, fmni tlic rarlicst (jreck Koniaiiccs to the Novels of tlie Present .\ife. Hy JciiiN Dlnlui", {•;sii. ;id ICdiiioii, complete ill one volume. Medium 8vo. 15s. cloth. *' A V. ry \;ilu:il>If liotik nf refcrrnci' Inr ui'lu-nl rf;tn, (Ti>m thr int'iily t uibiu y cxainin.itnm \w arc aMc tn izwv \n siuli a stii|n mlniiN ta-k, lli.it tin- it *.ult jU'.tifit*- all tilt' latmur, time, ami "inuncy rxprii'li'd ui'im it. Imiicil, tlu' u linji- Imok lit-ars tin* iiinst i.alji.iMi- i\i dfnit u( honest iMn'fulni'ss and iiiiwcarifii l M|u-n\fr we havt 'lippt-ii intn its pai;i'S ;,aln*ut IHHI), wo have, in cM-ry cast-, had uur upniiuii of Ua ntMluess, accuracy, and lucid order, coufirmud aud lucrciisfd." — Litkr.vkv (J.kiktve. FAREY.-A TREATISE ON THE STEAM ENGINE, Historical, Practical, and Descriptive. Hy Joh.v I-'akky, lingiiieer. 4ti^ illustrated by numerous >Voodcuts, and 25 Copper-plutes, j65. 5s. boards, FERGUS-HISTORY OF UNITED STATES OF AMERICA, From the Discovery of America to the Hle(;tion of (ieneial .lackson to the Presidency. Uy the Kev. H. Fekous. 2 vols. fcp. 8vo. with Viynette Titles, Pis. cloth. FIELD.-POSTHUMOUS EXTRACTS FROM THE VKTEKINAKY KKCOKDS OF TlIK L.VIK JOlL\ FIICLD. Edited by his Brother, \Villia.m Fiulo, Veterinary Surgeon, London. 8vo. 8s. boards. FITZROY (LADY). -SCRIPTURAL CONVERSATIONS BE- TWEEN CHAKLESand his MOTliEU. By Lady Charlks Fitzroy. Fcp. 8vo. 4s. Cd. clotli FORSTER.-THE STATESMEN OF THE COMMONWEALTH OF ENGL.XND. XVith an Introdnctm'y Treatise on the P()pular Progress in English History. Hy John Foustkr, Es(|. 5 vols. fcp. 8vo. with OriL'inal Portraits of Pyni, Eliot, ilampden, Cromwell, and an Historical Scene after a Picture by Catterinole, .£1. 10s. cloth. The Introductory Treatise, intended as an Iiitroductiou to the Study of the Great Civil War in the Seventeenth Century, separately, 2s. Cd. sewed. The above 5 vols, form .Mr. Forster's portion of the Lives of Eminent liritish Statesmen, by Sir James .Mackintosh, tli.' Kiiflit Hon. T. P. Courtenay, and John Forster, Esq. 7 vols. fcp. 8vo. w ith Vignette Titles, A'2. 2s. cloth. FORSTER (REV. C.)-THE HISTORICAL GEOGRAPHY OF AKAUIA; or, the Patriarchal Evidences of Revealed Ueliufion. A Memoir, with illustrative Ma|)s aiul an Appendix, containiiiif Translations, with an .Mphabet and Glossary of the Hamyaritic liiscri|)tions recently discovered in Hadiainatit. By the Kev. Ciiaki.ks Foustkk, B.l).,'one of the .Six Preachers in the (Jathedral of Christ, Canterbury, and Kectoa of Stisted, Esse.x ; Author of "Mahometanism Unveiled." 2 vols. 8vo. 30s. cloth. FORSTER (REV. C.)-THE LIFE OF JOHN JEBB, D.D.F R.S., late Bishop of Limerick. With u Selection from his Letters. Hy the Kev. (,'1. ulk.s FoKsriiu, B.D. Rector of Stisted, Essex, and one of the Six I'reachers in tin- Cathedral of Christ, Canterburv, formerly Domestic Cliaplain to the Bishop. Second Edition, iivo. with Portrait, &c. ICs. cloth. FOSBROKE.-A TREATISE ON THE ARTS, MANNERS, MANUFACTURES, and IN.STITUTIONS of the GREliKS and ROMANS. By the Kev. T. U. FosBBOKr, &c. 2 vols. fcp. 8vo. with Vignette Titles, I2s. cloth. w )■••..' li'fe I' (■- ,- # Si? i ' ' ^ ^". »* 'f;. ■ ■■';>■' ;vr«- ^ ■■/&'^'; '■^■'M 10 CATALtXiUH OF NKW WOKKS GKRTIUJDE. A Talc. Ilv tlic AuHior of " Amy Hoibrrt." IMiti'd liy tlic Kcv, Wii.mam Sewell, H.M. of Kxi'ter ('olli'ijf, Oxford, a vols. ftp. -^vo. 9s. cloili. " \ I |> ti,|. iiitl'ii iicf- cil' wliicli I :iiiiii.t fill I" lir «iilut iry. rriiclliT without pri>fc'«»ifin, tirnu:;l.t to tinr iip'in till' vicis-ituili'-i'I'i »iTV .1 IV lil'r, I 111' pinMT 111' liirliiiir.iiii'i' :iii'l L'i'ntli'ii-», iiml nl' «.iiiiHi n uliirli i> In Hull ill it-, II ill ri'i'MiniH n^r.— ^^^■ll ;iri- tlir tlirim «. Iirrr srl Imtli in un .luri'iMMf --Ivli' .iii'l nn mtctr-tinix -tiTv. CltMr ml Hi- criminiitini.' rliin|i»i-i nf iliiii.iiirr, iiml tl.i' uIimmm r (if liittitni •■- iiinl i.H'iiii'r.i nn-tiluti' llii' un. it rli.ir in "I I li,- r li .; ii,t wnliT .mil «. I r I. lilts u-. in II Mil i lily ri'i-umini luliiit; Iirr ' (jnti mli-' ii^ pla^iiiit ui'l iir.ilit.itili' n Hiliiur. " — A rili:N l.i m. GLEIG.-LTVES OF MOST EMINENT lUUTISlI MIEITAKV C().MMANI)1;K.S. llythe Rev. C. R.Oi.icia. 3 vols. fcp. Hvo. with Vi^'iictto Titles, iKs. i-lotli. GLENDINNING-PRACTICAL HINTS ON Till: CUUrUK OF TIIK IMN'K APl'I.K. Hy R. Gi,i;Nt)iNy i.no, tianlciicr to tlu; KiKlit lion. Lonl Roile, Hicton. riiuo. with I'lnii of a. I'incry, 5s. cloth. GOLDSMITH'S (OLIVER) POETICAL WORKS. Illnstrntt'd with KiisTrnvinRS on Wood, from Di'siiiiis by the Mi'iiilicrs of tho F.frhiiiif fliih. Sc|iinrc crown svo. uniforin witli "Tlionisou's sSfUsons," Uls. cloth ; bound in niorocco, by llnyday, jtl. Ifis. [//I Octuhev. GOOD.-TIIE BOOK OF NATURE. A I'opidnr lllnstration of tht^Gcncrnl Lnw.s niid I'honnmonn of Crpntion. ny .Ioiin Mason Good, M.D. 1'.R.S.,&c. Third Ktlition, corrected. 3 vols. fcp. 8vo. 'Jts. cloth. GRAIIAM.-ENGLTSII ; OR, THE ART OF COMPOSITION explained in a Series of In8truction.s and K.\aniples. Dy G. F. Graham. Second Kdition, revised and improved. Fcp. 8vo. 7s. cloth. GRANT (MRS.)-LETTERS FROM THE MOUNTAINS. Heins: the Correspondence with her Friends, between the years 177 of LnifKnn. Hi.xth Fdition. Fdited, with Notes uiid AtUlitions, 1.1... ■ n ....la *i.-tL.f o.'.. m.. ..IntK Esq. 2 vols, post 8vo. 21s. doth 7:ianil 1803. KyMis Grant, by her son, J. l*. Grant, GRANT (MRS. OF LAGGAN).-MEMOIR AND CORRE- SI'ONDF.XCK of the late Mrs. Grant, of L:)i?.i;fm, Author of " Letters from the Mountains," " Memoirs of an American Lady," &c. &c. Kdited by her Son, J. l*. Grant, Lsij. Second F'dition. 3 vols, post 8vo. with I'ortrnit, 31s. Cd. cloth. GRATTAN.-TIIE HISTORY OF THE NETHERLANDS, From the Invasion by the Romans to the Bel$i;ian Revolution in 1830. Esq. Fcp. 8vo. w itli Vignette Title, 6s. cloth. JJy T. C. G rattan, GRAY.-FIGURES OF MOLLUSCOUS ANIMALS, Selected from various Authors. Etched for the Use of Students. Vol. 1. 8vo. with 78 plates of Figures, 12s. cloth. By Maria Emma Gray. GR.VY (J. E.)-TnE GENERA OF MAMMALIA; rnmprisiua: the'- Generic Characters— a Notice of the Habits of eai'h Genus— and a .Short t'hiiraeter of e^ich of the well-established species, referred to the several neneni. Hy John EiJWAiiH GiiAY, Ks(i. Keeper of tlie Zoological Collection of the Mritisli .Mii.ii'uiii. imp. 4to. uniform with Gray and .Mitchell's ''"rnitholoj^y ; Illustrated with 17.5 I'lates. *»* To be published in .Monthly Tarts, 12s. each ; each part to consist of 4 coloured and 3 plain I'lates, with accoinpanyiiiij;' Letter-press. The work will not (}.\ceed 25 I'arts. I'ublica- tion will commence when 1.50 Subscriber's Names have been received. GRAY AND MITCHELL'S ORNITHOLOGY.~TIIE GENERA Of IJIKI):? ; romprisiniiT their Generic Characters, a Notice of the II;ibits of each Genu.s, and an ext<'iisive List of Species, referred to their several Genera. Hy Gkouoe Koiikrt Grav, Acad. Imp. Oeorg. Florent. Soc. Corresp. Senior Assistant of the Zoolo,s;ical Department, Ilritisli .Museum ; and Author of the " List of the Genera of IJirds," &c. &c. Illustruted with Three Hundred and Fifty imperial quarto I'lates, by David William .Mitchkll. In course of publication, in Monthly Parts, 10s. 6d. each ; each Part consisting sfenerally of Four imperial tpiarto coloured Plates and Three plain, and accompunyin|>; Letterpress ; jfiviiiff the Generic Characters, short Remarks on the Habits, and u List of Species of each Genus as complete as possible. The uncoloured Plates contain the Characters of all the Genera of the various Sub-families, consisting of numerous details of Heads, Wings, and Feet, as the case may require, for pointing out their distinguishing Characters. *»* The work will not exceed Fifty Monthly Parts. [A'o. 18 teas published Oct, 1st. GREENER.-THE GUN ; Or, a Treatise on the various Descriptions of Small Fire- Arms. By W. Greener, Inventor of an improved method of Firing Cannon by Percussion, &c. 8vo. with Illustrations, 15s. boards. GREENWOOD (COL.)-THE TREE-LIFTER: Or, a New Method of Transplanting Trees, trative Plate, 73. cloth. By Col. Geo. Greenwood. Svo. with an lUus- M SRWF.i.t, n.D. '■roiu'l.t til lipir iiii.,n 11 li i> 111 liiiil ill 1I-, II llTV. ( I.MI- lll'l .11,. itrll,inilnnll.-i li'.;,ii,t jiim.'."— AriiKN.i.rM. MILITARY ;'l'itl<'s, iss. cloili. CULT I HE Hun. Loiil lloile, tlifi Etrliina: f'liil). I ill IIIDIOCCO, by [In Octo/nr. HyJoiiN Mason luth. 'OSITIOX St'cond Kilition, LL\S. iJy Mis Grant, Jii, J. l*. tiiiANr, ) COR HE- the Mountains," NT, Enq. rifcond ^NDS, T. C. G RATTAN, A Emma Gray. us -anil n Sliort iieni. UyJoiiN mil. Imp. 4to. coloured and 3 'arts. I'ulilicn- GENERA adi Ui'iHi.s, and HoisKRT Urav, al l)ei)arfineiit, Illnstruted witli hLL. iijf !,'enerally of t'rpress ; jfiviiifif t' eacli Genns as II the Genera of id Feet, as the shed Oct. 1st. EK, Inventor of ns, 15s. boards. with an Illus- GUEST.-TIIK MARINOriTON, I'rnin the I.lyfr Curh o llrriri'st, or Kid Hook of Herircst, and other nnrient Welsh MSS. : uitli iiii l';iii;'lis|i 'I'ruiisliilion mid Notes. l(y Lady t'llAKLui'i'li: Gttsl'. i'utt)> 1 to 0. Hoyal Hvo. ^s. eaeli, sewed in rovers. Go.VTK.NTs:— I'ltrf 1. 'Ilii- Lady ol'tlie roiiiitain. I'art 2. I'erediir All l''.vnnvc; a 'I'lile of Chivalry. I'art 3. '1 he Arrhiiiiiiii KoiiiHiice of (ieraint, the Son of Lrbin. I'art 4. 'I'lie Koiiiaiiee of KMIinm'Ii and ( ilwcn. Iiirt ."). The Dreiiiii of Khotiiilnvv, anil the Tale of I'wyll I'rinii' of Pyved. I'art (j. Kraiiweii, the Paiuhter of Llyr; Manaw^ddan, the .Soiiof Ll>r; and Math, the ."'on of .Muthoiiwy. GUTCCTARDIXT (F.)-TIIE MAXnl^; OF FKAXCIS; GVIC- ("LVKDIXL the Historian. Translated by I'.mma M autin, Author of " A Slioit llistiry of Ireland." With Notes, and I'iirallel l'as>a','es from the works of Maeliiavelli, Lord Ihn'oii, I'lisral, Uochefoneaiilt, Montesi|iiieM, Miirke, I'rinte Talley.und, Guizot, and others. Witliu Sketch of the Aiitlior's Life. !>'(|uarc fcp. 8vo. [In October. GWTLT.-AN EXCYCLOr.EDTA OF ARCirTTECTURK ; Historical, 'J'heorelieal, and I'ractiial. Jly Josin-ii G\vii,r, V.m\. I'.S.A. Illii.-lrnted with upwards of HiOO i'limraviiiirs on Wood, tVoin ltesii;ns by J. S. Gwilt. 1 thick vol. 8vo. containinif nearly i:tl)0 i'losely-priiitel'r,sii.n;il stuiU'lit,, I Mtil.iinihi: Ihi' nnithrlit-itii'H iif .itrhiti ctiiri', >viili iiMMiiu- ili't'.uN till Ml all llir Irilihiiiililii's ijf lliu Bck'iiix'. It is u "ink «liuli nu iimltswd unliiti'ct or huililiT hliiiulil lie witliout."' — NVljiimin-? ri:lt ltl.vii:\v. IIALL.-NE^^' half', Nine (iuineas, liaU'-boiiiul in nissia ; full si/e of the Maps, 'ivii l*oun(is, liaU-bil. russia. 'I'lif rnlhinini; M;ip- liavi* lin-n rt'-cnuravi li, Iritin entirely lu w ili"'iL'ns---Ii.Iiiiul, Soutli AlVii-ii, Turkey in Asi.i ; tlu' fnUiininij have Lern iiiatrrially iiiiiitn\iii---Swit/i-ilan«l, \nrth Italv^ Snulli Italy, l'.y\pt, (■eiitral i from (autunti) NaiiKin 'to wliich ih <'ppi'nd(ii ,tiiu I'ruviucu of t'uutull, oa uu cnlurgvd bcali'^iii a ^ieparate (oinpartiiient J, liu-^ Miice hi tri attdet]. IIALSTED.-LIFE AND TIMES OF RTCUARD THE THIRD, as Duke of Gloucester and Kiiiff of Knslaiid: in which all the Charires au:aiiist him are care- fully investij^ated and compared with the f?tateineiits of the Coteinporary Authorities. Hy Cakolink a. Hai.stki), Author of "The Life of .Margaret Heanfort, .Mother of Kiiii; Henry Vll." anil "Oblifjatioiis of Literature to the Mothers of Kiifrland." 2 vols. Hvo. with u Portrait from an ()ri<.;inal I'icture in tlie possession of the Uijiht Hon. Lord Stall'ord, never before eufijraved, and other illustrations, .A 1. 10s. cloth. HANNAM.-TIIE ECONOMY OF WASTE MANURES : a Treatise on tlie Nature and Useof Ncj^lected Fertilizers. Hy John IIaxnam. Written for tlie Yorkshire Agricultural ::30ciety, and published by permission of the Council. A New Kdit. Fcp. 8vo. [In the presa, " This little hook not only tenehes how the manures already at the rommaml of tlip farmer may he eeonnn>.i.-«rd, liut points out numerous sources win iire tVttili^ers may lie iphtainetl, whirl, are at pre'-ent totally wa>teil. 'I'hu wurk is worthy the attention of the i)raetii:al agriculturist, aiul also of tht' jiublic eL-unumisl " — Tiii's MAo.ii^i.NE. HAND-BOOK OF TASTE; Or, How to Observe Works of Art, especially Cartoons, Pictures, and Statues. By Fadius Pic I OR. 3d Edition. Fcp. 8vo. 3s. boards. HANSARD.-TROUT AND SALMON FISHING IN WALES. Uy G. A. Hansard. Tiiiio. 6s. 6d. cloth. HARRIS.-THE HIGHLANDS OF iETHIOPL^ ; Ueinif the Accout of F.ij^hteen Months' Residence of a British Embassy to the Christian Court of Siioa. By Major Sir W. C. Harris, Author of "Wild Sports in Southern Africa," &c. 2d Edition. 3 vols. 8vo. with Maji and Illustrations, ^62. 28. cloth. HAWES.-TALES OE THE NORTH AMERICAN INDIANS, And xVdventures of the Early Settlers in America ; from the landinff of the Piij^rim Fathers, in ItViO, to the Time of the Declaration of Indciiendence. By Barbara Hawks. Fcp. Hvo. with Frontispiece, Gs. cloth. HAWKER.-INSTRUCTIONS TO YOUNG SPORTSMEN In all that relates to Guns and Shootiiiir. By Lieut. -Col. P. Hawkkr. 9th Kdit. corrected, eiilar;j:ed, and improved, with Eighty-live Plates and Woodcuts by Adiard and Branston, from Drawings by C. Varley, Dickes, &t. 8vo. A 1. Is. cloth. I > ' I!;', m : 12 CATALOG UK OF NKW WORKS IlAVDOX.-LKCTl Kl'S ON PAIXTINfl AND DKSKiN : Drlivcri'il lit the l.i'il, \i-. Hy It, K. IIavdo.n, IliMldi'li'iil riiiiitcr. With Di'si^^ii.'S tirasvii on Wooil liy tlio Author, mill «Mij,'riiv('i| I'y Kilwiinl Kviiiirt. Hvo. Vit,. rioth. IIKNSLOW.-TIII-: IMUXCirLKS OF DKSCllTi'TiVK AM) l'IIYHIUl.()<;iCAI, MOTANY. Uy.l. S. IIknslow, .iI.A. F.L.S. «;<•. Ft| . Hvo. vith Vinmttu 'I'itic, mill nearly 70 WooilciitH, Os. rioili, IIKKSCIIEL.-A TRKATISE ON ASTRONOMY. Ity Sir JdiiN IlKKRCIItil,. New lyiitinii. I''(|(. H\o. Vi;;iirtti' 'ritic, fis. chith. IIEUSCIIEL.-A rUKLIMTNAUV DrsCOUKSK ON TUK HTl!l)Y Ol'' NATUKAI, rilll.( >S(»1'I1Y. Uy Sir John IIkhsciikl. Now Kilition. Fip.Svo. with viifiictiL' titin, (iii. cloth. HINTS ON ETiaUETTE AND THE USAGES OF SOCIETY: \\ ith n riliinci' nt Knd lialiits. Hy A7a)7"S. " .M;iiniiM's inaki' the niiiii." 2ltli Kilitioii, revised (witli uihlitioiis) liy a l.aily oC lliink. Frp. Hvo. 'is. M. cloth, ;;ilt eilu:e.s. GeiieraK Hisi-rvatioiis; liitroiliictions Letters of liitroiliietioii —.Mnrriaxe— Dinners— STiioViiuf; SmiH'— Fashion — Dress— .Miisie — Da iieiiii:-' 'on \ersat ion— Advice to 'Irudespeople — Visitin^f j ViHitiii;; Curds— Cards— Tattlinfj— Of (ieneral Society. HOARE.-A DESCRirTIVE ACCOUNT OF A NEW METHOD of l'I-A.VriX(J nnd MAXACilXG the HOOTS of GHAl'K VINF.S. Hy Clkmh-mt IIoakk, Aiithorof" A Treatise on the Cultivation of the Grnpe Vine on Open Walls." I'inio. 5*. cloth. HOARE.-A PRACTICAL TREATISE ON THE CULTIVATION OF TIIK GKAl'E VINE OX OPtX WALLS, liy Clkment IIoake. 3d Edition. 8vo. 7s. Cd. cloth. HOBBES.-ENGLISH WORKS OF THOMAS HOBBES, Of .Malnipsljury ; now first collected liy Sir Wti.i.iAM .Moi.kswortii, Hart. The Kn^flish Works, Vols. 1 to f) nnd 8 to 10, and the Latin Works, Vols. 1 to 3, 10s. each.— Vols. Hand il, coniprisin^ the Translation of Thucydides, are not sold separately. nOLLAND.--PROGRESSIVE EDUCATION ; Or, Coiisiderntioiis on the Course of Life. Translated from the French of Madame Xecker de Saussure. Hy Miss Holland. 3 vols. fcp. 8vo. I'Js. tJd. cloth. *»* The Third Volume, formiiifr an appropriate conclusion to the first two, separately, 7s. 6d. HOLLAND.-A TREATISE ON THE MANUFACTURES IN METAL. Uy J. Holland, Esq. 3 vols. fcp. Vignette Titles, about 300 Woodcuts, 188. cloth, HOLLAND. -MEDICAL NOTES AND REFLECTIONS. Jly Henuy Holland, M.D. F.R.S. &c. Fellow of the Royal Collej;eof Physicians, Physician Extraordinary to the Queen, and Physician in Ordinary to His Royal Hif^hness Prince Albert. 2d Edition. 8vo. 188. cloth. HOOK (DR. W. F.)-THE LAST DAYS OF OUR LORD'S MIXISTRY : a Course of Lectures on the principal Events of Passion Week. Hy Waltkii FAKquHAR Hook, 1) 1). Vicar of Leeds, Prebendary of Lincoln, and Chaplain in Ordinary to the Queen. 4th Edition. Fcp. Svo. 6s. cloth. HOOKER.-THE BRITISH FLORA, In Two Vols. Vol. 1 ; comprising Pha;nos:ainou8 or Flowering Plants, and the Ferns. By Sir William Jackson Hookkr, K.H. LL.D. F.R.A. and L.S. &c. &c &c. Fifth Edition, with Additions and Corrections ; and 173 Figures illustrative of the Umbelliferous Plants, the Comiwsite Plants, the Grasses, and the Ferns. Svo. with 12 Plates, 14s. plain ; with the plates coloured, 248. cloth. Vol. 2, in Two Parts, comprising the Cryptogamia and Fungi, completing the British Flora, and forming Vol. 5, Parts 1 and 2, of Smith's English Flora, 24s. boards. HOOKER AND TAYLOR.-MUSCOLOGIA BRITANNICA. Containing the Mosses of Great Uritain and Ireland, systematically arranged and described ; with Plates, illustrative of the character of the Genera and Species. Uy Sir VV. J. Hookkk and T. Taylor, M.D. F.L.S., &c. 2d Edition, Svo. enlarged, 3l8. 6d. plain ; £X 38. coloured. HORNE (THE REV. T. H.)-AN INTRODUCTION TO THE CRITICAL STUDY and KNOWLEDGE of the HOLY SCRIPl'URES. By Thomas Hartwell Horne, B.D. of St. John's College, Cambridge; Rector of the united Parishes of St. Edmund the Kin^ and Martyr, and St. Nicholas Aeons, Lombard Street ; Prebendary of St. Paul's. 8th Edition, corrected and enlarged. Illustrated with numerous Maps and Facsimilies of Biblical Manuscripts. 4 vols. Svo. (Vol. 2 in 2 Parts), ^3. 3s. boards. fi) llii- riiivcrKity AVii uii Wdiiil liy vo. 'vitli Viniu'tto ON TUK ilitioii. Fi'|). 8vi). SOCTKTY: ," -ilth Kclitiuii, llifCS. iiiiiTS— Sinokiiin; IH'opIo— Visitiliifi r METHOD LK.MhNT lioAKK, 121110. 58. clotli. -TIVATION Id Editiun. 8vo. BES, to 3, 10s. each.— ituly. adame Xeckcr do leparately, 78. 6d. rUIlES IN idcuts, 18s. cloth, NS. licians, Physirian Iss I'riuce Albert. LORD'S Ik. Hy Waltkii In in Ordinary to Ferns. By Sir 111 Kdition, with roiis Plants, the {plain; with the ritish Flora, and NICA. I and described ; VV. J. Hook K II i3, 3s. coloured. TO THE By Thomas united Parishes bt ; Prebendary Irous Maps and boards. PHINTKD mU LON(iMAN, lUlUWN, AND CO. 13 HOWJTT (MARY)."TllK II AXKL and ANNA; and ntlior 'rules. Ily Kkkdiii k.v Kkkmkk. llowiTT. 2 vols, post 8V0. with Portrait of the Author, 'ils. boards. The Neigh noiiRs. A St(i;y of Kvery-day Life in Sweden. Hy FuimuiKA KiiKMKK. TriinslutcM 1)> .Makv llowirr. 3(1 Kdition, revised and corrected. 2 vols, post 8vo. 18s. boards. TlIK FAMILY: TUALTNNAN I^IoME. Or, Family Cares and Family Joys. Hy Fhkiikika HiiKMKK. Tninsliiteil by M ' v lldwiTT. 2(1 KditioM.revisedandcoi' » led. 2 vols, post 8V0. 21s. boards. Translated by .Mauy The Piiksi[)i:n't's DAifiHTEns. Incliiiliii;,' NiXA. Hy riiKDiUKA KkI'MKU- Triiiol.'itid hy Mahv llowirr. 3 vols, post Nvo. 31s. <)(!. boards. A New Sketch ok EvEUY-nvv Like:— .^ether with SritlKK and nuiKA HkkmI'.u. 'I(.iii- A DlAKV. Tou PcACK. Hy Km slated by .Mary Howitt. 21s. boards. 2 vols, post 8\(>. IIOWITT.-TIIE RURAL LIFE OF ENGLAND. By William Howitt. 3d Kdition, corrected and rev ised. Medium Svo. with KinrravlniTH on wood, by Bewick and Williams, uniform with " Visits to Uemarkable I'laccs," -Jls. cloth. Life of the Aristocracy. Life of the Affriciiltural Population. Pictiire8(|ue and Moral Features of the Conntry. Strong Attachment of the English to Country Life. The Forests of Kniflaiid. Habits, Aniiisenients, and Condition of the I'eople; in which are introduced Two New Chapters, descriptive of the Kiiral Waterinij Places, and Education of tlie Rural Population. IIOKNK (TlIF REV.T. II.)~A f'OMFKNDIOUS INTRODUC- Tins to the SirilYof the HIHM'. Hy Tkomns IIvktwii.i, Mohm:. H.D. of St. .lohii'n Colli'irc, Cairilirii|i;c. Heinir an Analy-iH of his •' liitimbictioii to the Critical Study and Knowli'dtfc of the Koly Scriptures." Ttli Editiun, coj reeled and enlari;ed. I'Jmo. \>ith Maps am! other Eiii;ravniifs, its. boards, UORSLLY (RISIlOD.-IUr.LiCAL (MUTICI.^M On the lirst Fourteen llistoricid Hooks of tlic ( »|i| 'I'l •■.tuiiieiit ; anilc i the first Nine Pniplictical Hooks. Hv Samim;i. lloiisi.KY, l.l..l>. F.K.S. F.S.A. I.nid lli^ll(lp of St. \mi|iIi. 'Jd r.ilition, ] coiilaiuini.' 'Fraiishitions by the Autli'ir never bcfiu'e published, to^jether wilh copious Indices. 2 vols. 8vo. il. lOs. cloth. By the -ai'ie Author, | THE HOOK of PSALMS; translated from the Hebrew : with Notes, explanatory and critical. I Fourth Editi(ui. 8v(>. Us. cloth. | IDAVITT (MARY).-TIIF CHILD'S IMCTURE AND VFRSM 111 M >K, comnKUily called "Otto Speckter's Fable Hook." Tiaiislateil by Mauy IIhwitt: Witli French and (ieniian on corresp(Mi(liiiir paires, and illustrated with KM) En);raNiiii;s lui Wood by (j. F. Sarifcnt. 2d Edition, S(piare l2iiio. 7s. ImI. boards. HOWITT.-GERMAN EXPERIENCES : Addressed to tlie English, both Goers Abroad and stayers at Home. By William Howitt. Fcp. 8vo. 78. fid. cloth . HOWITT.-VISITS TO REMARKABLE PLACES; Old Halis,Hattle-Fie Ids, and Scenes illustrative of Striking- I'asinifesin Enirlish History and Poetry. By William Howitt. New Edition. Medium 8vo. with 40 Illustrations by S. Williams, 21s. cloth. SECOND SERIES, chiefly in the Counties of DURHAM and NORTH UAIHEKLANP, with a Stroll along the BORDER. Medium 8vo. with upwards of 40 hiifhly-fniished Woodcuts, from Drawings made on the spot for this work, by Messrs. Cariuichael, Richardsoiis, and Weld Taylor, 218. cloth. HOWITT.-THE LIFE AND ADVENTURES OF JACK OF THE MILL, commonly called "Lord Othinill ;" created, for his eminent services, Haron Waldeck, and Knight of KitticottJe ; a Fireside Story. By William Howitt. 2d Edition, 2 vols. fcp. 8vo. with 46 Illustrations on Wood bv G. F. Sargent, 12s. cloth. HOWITT.-THE RURAL AND SOCIAL LIFE OF GERMANY : With Characteristic Sketches of its Chief Cities and Scenery. Collected in a General Tour, and during a Residence in that Country in the Years 1840-42. By Willia.m Howitt, Author of "The Rural Life of England," &c. Med. 8vo. with above 50 Illustrations, 21s. cloth. HOWITT.-WANDERINGS OF A JOURNEYMAN TAILOR, through EUROPE and the EAST, during tlie years 1824 to 1840. Bv P. 1). Holtiiaus, from VVerdohl, in Westphalia. Translated from the Third German Kdition, by William Howitt, Author of " The Rural and Social Life of Germany," &c. Fcp. 8vo. with Portrait of the Tailor, 6s. cloth. HOWITT.-THE STUDENT-LIFE OF GERMANY. From the Unpublished MSS. of Dr. Cornelius. By Willia.m Howitt. 8vo. with 24 Wood- Engravings, and Seven Steel Plates, 21s. cloth. 1 H#' >■• ■■■■ U '?:'■' :''■' -■;" ■ if/:-, :.:,'^y §i^v; ■■ ^ '■■;■■■ ■ n'^.r. '.■'■ ■'., . 14 CATALOGUE OF NEW WOKKS IIOWITT.-COLONISATION AND CTIRISTLVNTTY: A Popular History of tlieTroatnient of the Natives, in all their Colonies, by the Europeans. By William Howitt. Post 8vo. lOs. 6(1. doth. HOWITT.-THE BOY'S COUNTRY BOOK: Hcinfftlie real Life of n Country Hoy, written by himself; exhibitinj^ all the Amusements, Pleasures, and Pursuits of Children in the ("ountrv. Edited bv Wu.liam IIowitt, Author of "'J'he Kural Life of England," &c. 2(1 Edition. Frp. 8vo. with 40 Woodcuts, 88. cloth. "A capital Hork; and, we an' iiulinid to think, Ilowitt's lust in any line." — (Iiihtkulv Huvirn. IIOWITT (RICITAKD;.- IMPRESSIONS OF AUSTRALIA FELIX, durinu a Four Years' I'.esidenrs in that Colony: with piirtirular reference to the Prospects of ICmifrrmits. With Notes of a Voyage round the World, Au.str;ilian Poems, &c. Uy Richard Howitt. Fcp. 8vo. 7s. cloth. IIUDSON.-PLAIN DIRECTIONS FOR MAKING WILLS In Conformity with the Law, and partieularly with reference to the Act 7 Will. 4 and 1 Viet. c. 26. To which is added, a cleiir Exposition of the Law relating to the distribution of I'er- r.state in the cnse of Intestacy ; with two Forms of Wills, and much useful inforination, Hy J. C. Hi'DsoN, Es(i. 13th Edition, corrected, with notes of cases judicially decided tlip nlirtt'o \f*t rniiin iiifn ntinrntinii I■ M-;vv-' ^■,'"-i '. I'- i;l#' ^^v-. ' ''-■;• ■' '"■' nUDSON.-TIIE EXECUTOR'S GUIDE. Uy J. C. HtrnsoN, Es(i.of the Legacy Duty Office, London ; Author of "Plain Directions for IVlaking Wills," and "The Parent's Hand-book." Fourth Edition. Fcp. 8vo. 5s. cloth. *»* These two works may be had in one volume, 78. cloth. HUDSON.-TIIE PARENT'S HAND-BOOK ; Or, Guide to the Choice of Professions, Employments, and Situations ; containinar useful and practical Information on the subject of placing out Younff Men, and of obtaining* tlieir K(bi- cation with a view to particular occupations. By J. C, Huusox, Esq. Author of ** Plain Directions for Making Wills." Fcp. 8vo. 5s. cloth. " .\ * Guido totlic* C'hoicr of Professions, Employments, find Sitintinns ; containini; us.-ful and practical Informa- tion on the sulijcct of Placing Out Vnunt; Men, and of Kducatini? tlu-m with a view to particular octupationM.' All true, — a hanil-bnok that should not mori'Iybe thorf ui;hly corisulttd hy every parent and i^uardian uho has any share in the direct ini; of a younu; man to the choice mentioned, !iut whit h should be studied anxiously by every yttutli who meditates takincr a decisive stfl) in relation to liis future welfare and happiness. The liberal professions have engaijetl Mr. Hudson in his Guide ; and on every brnneh which his hand-book comprises, we are e.onvincLMl that nowhere eUe will so much that is cood and accurate be found in a printed shnpn ; while, takin:^ the whole circle of his subjects, not hinir at all approacliint; its usefulness^ in the same way, can he lound in our language. One wonders how ami wliere Mr, Hudson could gather so many mmute and practically-valuable facts, extending even to a close account of necessary expenses. Hir 'look is the production of a »ensiblf, prudent, philauthrupic, earnest, and widely - informed man." — Monthly RnviKW. HUMPHREYS.-THE ILLUMINATED BOOKS OF THE RllDDLK AGES.— A History of Illuminated Hooks, from the IVth to the XVIIth Century. By He.NKY Nokl Humi'huhys. Illustrated by a Series of Specimens, cousistintif of an entire Pagfe, of the exact Size of the Orii!;inal, from the most celebrated and splendid ALSS. in the Imperial and Royal Libraries of Vienna, Moscow, Paris, Naples, Copenhagen, and Madrid ;— from the Vatican, Kscurial, Ambrosian, and other threat Libraries of tlie Continent;— and from the rich Public, Collegiate, and Private Libraries of Great liritain ; superbly printed in Gold, Silver, and Colours. In course of publication in Parts. Parts 1 and 2, each containing; Three Plates, with Descriptions, Imperial Quarto (15 in. by 11), splendidly printed, in gold, silver, and colours, in imitation of the orig:inals, as accurate as can be jirodiiced by mechanical means, 128. ; Lakok Paper, on Half Imperial (21i in. by 15), to prevent folding the large Plates, 21s. Six Parts to form a Volume, Four Volumes completing the work. HUNT-RESEARCHES ON LIGHT : An Examination of all the Phenomena connected with the Chemical and Molecular Changes produced by the Intluence of the Solar Kays; embracing all the known Photographic Pro- cesses, and new Discoveries in the Art. Hy lloniutT Hunt, Secretary of the lioyal Cornwall Polytechnic Society. 8vo. with Plate and Woodcuts, lOs. Cd. cloth. ILLUMINATED CALENDAR (TnE).-THE ILLUMINATED CALKNIJAR and HOME DIARY for 1846 ; containing 12 pages of facsimile from the Calen- der of the rich missal of the Duke of Anjou, styled King of Sicily and Jerusalem; also 2+ pages of Diary, each illuminated with an elaborate Horder taken from the same MS. ; and an Illuminated Title. The binding designed from the framework of one of the miniature pictures of the same ftlS, Imperial 8vo. 42s. bound in an appropriate ornamental cover. [In the press. *»* The elaborate gothic tr.aceries of this MS. form one of the linest monuments of the art of illuminating. It was executed towards the close of the fourteenth century, more than a century eiirlicr than the " Hours of Anne of Hrittany," which formed the subject of the Caleiiilar for 1844 ; and in style and execution it exhibits n totally diflerent style of art from that work. tS'" The Illimiiiioted Calendar and Home Diary, for 1845; co|iiod from the Manuscript of the " Iloursof Anne of Hrittuny." Imp. 8vo. in eiiiblazonel printing and binding, 42s. by the Europeans. 1 the Amnsemrnts, M llowiTT, Author iixU'uts, 88, clotli. RLVir.w. VUSTRALIA iir reference to the .tr.'iliiin I'uems, &c. WILLS Will. 4 imd 1 Virt. distribution of I'er- useful inforinntion, s judicially decided lain Dirertions for 8vo. as. cloth. itaininsr useful and jtaininji;' their Kdu- Author of " Plain and practical Inforina- ■ular occupations.' All ■Hian ulio has any share asly liv I'vcryyciulh wliii liberal professions have we are convinced tictt kin:; the whole circle of inRHage. One wonders tcndinireven to a close ic, earnest, and widely- 5 OF THE XVIIth Century. stinjijof an entire eiidid MSS. in the aiid Madrid ;— Continent ;— and iperbly printed in liree Plates, with Iver, and colours, ical means, r2s. ; Plates, 21s. olecular Cliana:rs hotoifraphic I'ro- Koyal Cornwall MINATEB from the Calen- usalem; also 24 ne MS. ; and an niature pictures r. [//J the press. rients of the art ry, more than a 3 subject of the tyle of art from le Manuscript of itdin^, 42s. JACKSON.-PICTORLVL PLORA ; Or, Hritijih IJotany delineated, in 1.500 Mtho^'raphic nrawiiifs of nil tbe Ppeciea of Flowering' Plants indiofenous to (jreat Jlritain ; illiistratinir the descripii\f works on Kiij^lish Uotany ol Hooker, Lindley, .Smith, &c. Uy .Miss Jackko.n. 8vo. 15s. clotli. JAMES.-LIVESOFMOSTEMINKNTFOREION STATESMEN. Hy G. P. R. James, Ksq., and li. E. Ckowk, E6(i. 5 vols. fcp. 8vo. Vi;;nette Titles, 30s. cloth. JAMES.-A HISTORY OE THE LIFE OF EDWARD THE HLACK PRIN'CE, and of various ICvents conn"cted therewith, whicli iircurred durin"- the Ueisn of Edward 111. King of England. By (J. P. R. Ja.mks, Esq. 2d Edition. 2 vols.^fcp. 8vo. Map, 15s. cloth. JEBB (BISHOP).-PRACTICAL THEOLOGY; comprisini;!: Discourses on the Liturpy and Principles of the United Church of Eiiirland and Ireland; Critical aiitl otlier Tracts; and a Speech delivered in the House of Peers in l^i24. Hy John Jkhii, D.U. E.H.S. llishoi) of Limerick, Aidfert, and Aghadoe. 2d Edition. 2 vols. 8vo. 24s. cloth. Ily the same .\uthor, PASTORAL IN.STRUCTIONS, on the Character and Principles of the Church of England, selected from his former Publications. A New Edition. Fcp. 8vo. Cs. cloth. JEBB (BISHOP) AND KNOX (ALEXANDER). -THIRTY YEARS' COKRESPONOENCE between John Jebb, D.l). F.R.S. Hishopof Limerick, Ardfert, Aghadoe, and Alexander Eno.x, Es(|. M.R.I. A. Edited by the Rev. Ciiarlkss Foiisti.k, 11.1). Rector of Stisted, Essex, aixl one of the Six Preachers in the Cathedral of ('hrist, Canterbury, formerly Domestic Chaplain to iiislion Jebb. 2d Edit. 2 vols. 8vo. 28s. cloth. JEFFREY. - CONTRIBUTIONS. TO THE EDINBURGH REVIEW. By Francis Jeffrey, nowoneof the Judges of the Ceurt of .Session in Scotland. 4 vols. 8vo. 48s. cloth. JOHNSON.-THE FARMER'S ENCYCLOPyEDTA, And Dictionary of Rural Atlair.s: embracing all the recent Discoveries in Agricultural Che- mistry; adapted to the comprehension of iinstMentilic readers. By (!ijth ukrt W . Joiinsox, Es(|. F.R.S. Barrister-at-Law, Corresponding Memlier of the Agricultural Society of Kilnig.s- berg, and of the Maryland Horticultural Society; .Vutaor of several of the I ri'/j' Essays of the Royal Agricultural Society of England, and otlier Agricultural Works; lOiHlor of the •' Farmer's Almanack," &c. 1 thick vol. 8vo. illustrated by Wood Engravings of the best and most improved Agricultural Implements, .t'l. 10s. cloth. KANE. -ELEMENTS OF CHEMISTRY ; Including the most Recent Discoveries and Applications of the Science to Medicine and Pharmacy, and to the Arts. By Uoiikrt Kani:, .Ml). .M.R.I. A., Professor of Natural Philosophy to the Koyal Dublin Society. 8vo. with 23(j Woodcuts, 24s. cloth. KANE.-THE INDUSTRIAL RESOURCES OF IRELAND. By Robert !oii'iy to the Royal Dublin Society, and of Chemistry to tiie Apothecarit of Ireland. 2d Ivlition. Post 8vo. 7s. cloth. Irish .Vcadciiiv, Professor of •s'llall KATER AND LARDNER.-A TREATISE ON MECHANICS. By ('aptain Katimi and Dr. Lardnkii. New Edition. Fcp. 8vo. Vignette Title, and 19 Plates, comprising 224 distinct figures, Gs. cloth. KEIGHTLEY.- OUTLINES OF HISTORY, From the Isarliest Period. By Thomas IvKioiiri.i'v, i:s(|. New Edition, corrected and con- siderably improved. I'cp. 8vo. Os. cloth ; or fis. (id. bound. KEON (M. G.)-A HISTORY OF THE JESUITS, Literary, Social, and Political, from the Birth of Ignatius Loyol.i to I lie pr'sent time. By Miles Gerald Keon. 8vo. [i'rej)iiriiilislK'd as a sep.-iratc ivork, distinct from the third and fourth V(dnmes, an*!, Ihoniih much enlari^ed, at a eonsideralde rethiclion of priii-, in ion of such knowledue will n"cessarily teach them how to improve their methods of cultivation, and lead them to the discovery of new and bettor modes. LINDLEY.-GUIDE TO ORCHARD AND KITCHEN GARDEN; Or, an Account of the most valuable Fruits and Veg-etables cultivated in Great liritain : with Kalendars of the Work required in the Orchard and Kitchen Garden during every month in the year. By G. Li.ndley, C.xM.H.S. Edited by Prof Linuley. 8vo. IBs. bds. LLOYD.-A TREATISE ON LIGHT AND VISION. By the Rev. H. Lloyd, M.A., Fellow of Trin. Coll. Dublin. 8vo. 13s. boards, LORIMER.-LETTERS TO A YOUNG MASTER MARINER, On some Subjects connected with his Calling. By Charles Lorimi-.k. 3d Kdition. 12nio. with an Appendix, 5s. 6d. cloth. LOUDON (MRS.)-THE LADY'S COUNTRY COMPANION; Or, How to Knjoy a Country Liie Rationally. By Mrs. Loudon, Author of ** Gardening: for Ladies,'* &c. frVp. 8vo. with an Kngfravinff on Steel, and Illustrations on Wood, 7s. Gd. cloth. " An able and interestint^ "(n-k, formini: im excellent manual for the use of those for uhom it is especially in- tended ; and admirably calculated, from the information it supplies, to give an increased interest to all those duties and employnipnts incidental to a residence in the country. On these subjects, indeed , Mrs. LnU'Ion's companion caunttt failto be used with ^reat advantai^e, and, as a book'of reference, "ill always be valuable." — .Vtuln-eum. LOUDON.-SELE-INSTRUCTION For Younof Gardeners, Foresters, Bailid's, Land Stewards, and Farmers ; in Arithmetic, Book- keeping, Geometry, Mensuration, Practical Trie:ononietry, .Mechanics, Land-Surveyinic, Levellinff, Planning and Muppin;;, Architectural Drawing, and Isonietrical Projection and Perspective ; with Examples shewinpr their applications to Horticulture and Affricultiirul Pur- poses. By the late J. C. Loudon, F.L.S. U.S. &c. With a Portrait of Mr. Loudon, and a Memoir by Mrs. Loudon. 8vo. [In October. LOUDON.-AN ENCYCLOPyEDIA OF GARDENING; Presentinff, in one systematic view, the History and Present State of Gardenintj in all Conn- tries, and its Theory and Practice in Great Britain: with the Manayjement of the Kitchen Garden, the Flower Garden, Layinp-out Grounds, &c. By J. C. Loudon, F.L.S. &c. A New Edition, enlarged and much improved. 1 large vol. 8vo. with nearly 1,000 Engravings on Wood, SOs. cloth. D m .^^; m^- % ;!-;'; '\_ )}\>' V'"'' t-' • (' ■ ' '. ' ■ ; LOUDON.-AN ENCYCLOPyEDIA OF TREES AND SHRUBS; lieinf? tlie "Arboretum et Fruticetiiin Hritanniciiin" nbridffed : containinj;: tlie Harily Trees aiul .Shrubs of Great Britain, Native and Forei;;u, Scientilically and Popularly Described ; with tlieir I'ropajjation, Cidturc, and Uses in tlie Arts; and with Eng^ravin^s of nearly all the Species. Adapted for the use of Nurserymen, Gardene.s, and Foresters. By J. C. Lounox, F.L.S. &c. 1 large vol. 8vo. with 2000 Kngravings on Wood, Jt;'2. 10s. cloth. Tlie Original Work may be had in 8 vols. 8vo. with above 400 Octavo Plates of Trees, and upwards of 2500 Woodcuts, .*'10, cloth. LOUDON.-AN ENCYCLOPAEDIA OF AGRICULTURE; Coniprisiuff the Theory and Practice of the Valuation, Transfer, Laying-out, Improvement, and Management of Landed Property, and of the Cultivation and Economy of the Animal and Vegetable productionsof Agriculture: including all the latest Improvements, a general History of Agriculture in all Countries, a Statistical View of its present State, with Suggestions for its future progress in the British Isles ; and Supplement, bringing down the work to the year 1844. By J. C. Loudon, F.L.G.Z.and H.S. &c. 5th Edtiion. 1 Targe vol. 8vo. with upwards of 1100 Engravings on Wood, by Branston, sb2. 10s. cloth. The Supplement, bringing down Improvements in the art of Field-Culture from 1831 to 1844 inclusive, comprising all the previous Supplements, and illustrated with 65 Engravings on Wood, may be had separately, 5s. sewed. LOUDON.-AN ENCYCLOPyEDIA OF PLANTS ; Including all the Plants which are now found in, or have been introduced into, Great Britain ; giving their Natural History, accompanied by such descriptions, engraved figures, and elementary details, as may enable a beginner, who is a mere English reader, to discover the name of every Plant which he may find in flower, and acquire all the information respecting it which is useful and interesting. The Specific Characters bjr an Eminent Botanist; the Drawings by J. D. C. Sowerby, FL.S. A New Edition, with New Supplement, com- prising every desirable particular respecting all the Plants originated in, or introduced into, Britain between the first publication of the work, in 1829, and January 1840: with a new General Index to the whole work. Edited by J. C. Loudcv, prepared by W. H. Baxter, Jun. and revised by George Don, F.L.S. ; and 800 new Figures of Plants on Wood, from Drawings by J. U. C. Sowerby,'^ F.L.S. 1 very large vol. 8vo. with nearly 10,000 Wood Engravings, jCS. 138. 6d. cloth.— The last Supplement, separately, 8vo. 158. cloth, LOUDON.-HORTUS BRITANNICUS : A Catalogue of all the Plants indigenous to or introduced into Britain. The 3d Edition, with a NEwSuppLEMENT,prepared, under the direction of J. C.Loudon, by W. H. Baxter, and revised by George Don, F.L.S. 8vo. 31s. 6d. cloth. The Supplement separately, 8vo. 2s. 6d. sewed. The LATER SuppLE.MENT«c))a>*a^c/y, 8s. LOUDON.-AN ENCYCLOPiEDIA OF COTTAGE, FARM, AND VILLA ARCHITECTURE and FURNITURE. Containing Designs for Cottages, Villas, Farm Houses, Farmeries, Country Inns, Public Houses, Parochial Schools, &c. ; with the requisite Fittings-up, Fixtures, and Furniture, and appropriate Offices, Gardens, and Garden Scenery : each Design accompanied by Analytical and Critical Remarks illustrative of the Principles of Architectural Science and Tuste on which it is composed, and General Estimates of the Expense. By J. C. Loudon, F.L.S. &c. New Edition, corrected, with a Supplement, containing 160 additional pages of letter-press and nearly 300 new engravings, 8vo. with more than 2000 Engravings on Wood, £Z. 3s. cloth.— The Supplement, separately, 8vo. 78. 6d. sewed. LOUDON.-HORTUS LIGNOSIS LONDINENSIS; Or, a Catalogue of all the Ligneous Plants cultivated in the neighbourhood of London. To which are added their usual prices in Nurseries. By J. C. Loudon, F.L.S. &c. 8vo. 7s. 6d. cl. LOUDON. -THE SUBURBAN GARDENER AND YILLA COMPANION : comprising the Choice of a Villa or Suburban Residence, or of a situation on which to form one ; the Arrangement and Furnishing of the House; and the Laying-out, Planting, and general Management of the Garden and Grounds ; the whole adapted forgrounds from one perch to fifty acres and upwards in extent ; intended for the instruction of those who know little of Gardening or Rural Affairs, and more particularly for tht> use of Ladies. By J. C. Loudon, F.L.S. &c. 8vo. with above 300 Wood Engravings, 208. cl th. LOW -AN INQUIRY INTO THE NATURE OF THE SIMPLE BODIES of CHEMISTRY. By David Low, Esq. F.R.S.E, Prof, of Agriculture in the University of Edinburgh. 8vo. 6s. cloth. LOW. -ON THE DOMESTICATED ANIMALS OF GREAT BRITAIN ; comprehending the Natural and Economical History of the Species and Breeds; Illustrations of the Properties of External Form ; and Observations on the Principles and Practice of Breeding. By David Lov, Esq. F.R.S.E. Professor of Agriculture in the Uni- versity of Edinburgh ; Member of the Royal Academy of Agriculture of Sweden ; Corre- sponding Member of the Conseil Royal d'Apriculture de France, of the Socidt^ Royal et Cen- trale, &c. ; Author of " Ellements of Practical Agriculture," " Illustrations of the Breeds of the Domesticated Animals of the British Islands," " On Landed Property and the Economy of Estates," &c. 8vo. illustrated with Engravings on Wood. [//» October. i^ti U' D SHRUBS ; 1)j: the Hardy Trees puUirly Described ; t'iiifr.s of nearly all I'esters. Uy J. C. 1. 10s. cloth, •lates of Trees, and 'URE; out, Improvement, y of the Animal and 8, a general History ith Suggestions tor le work to the year 8vo. with upwards lulture from 1831 to with 65 Engravings into, Great Britain : raved ligures, and der, to discover the )rn)ation respecting incnt Jiotanist; the Supplement, com- or introduced into, yr 1840: with a new W. H. Baxter, Jun. ood, from Drawings Wood Engravings, 1. The 3d Edition, by W. H. Baxter, FARM, AND tta}?es. Villas, Farm with the requisite I Garden Scenery : of the Principles of ites of the Expense. L'lit, containing I6U th more than 2000 6d. sewed. od of London. To &c. 8vo. 7s. 6d.cl. m YILLA or of a situation on d the Laying-out, idapted forgrounds :istruction of those tho use of Ladies, el th. [E SIMPLE |Vgriculture in the )F GREAT hecies and Breeds ; Ihe Principles and lulture in the Uni- If Sweden; Corre- li«5t^ Royal et Cen- Tis of the Breeds of [id the Economy of [In October, PUINTKD FOR LONGMAX, BROWX, AND CO. 1!) LOW (PROFESSOR).-ON LANDED PROPERTY, And the ECONOMY of ESTATES; comprehending the Relation of Landlord and Tenant, and the Principles and Forms of Leases ; Farm-Buildings, Enclosures, Drains, Einbiink- ments, anil other Rural Works; Minerals; and Woods. By David Low, Esq. F.R.S.E. Professor of Agriculture in the University of Edinburgh, &c. ; Author of " Elements of Practical Agriculture," &c. 8vo. with numerous Wood Engravings, 2l8. cloth. LOW.-TITE BREEDS OF THE DOMESTICATED ANIMALS Of Great Britain Described. By David Low, E.si|. F.R.S.E. I'rofessor of Agriculture in the University of l''dinliurgh; Member of the Royal Academy of Agriculture of Sweden; (.'orre- gponding Member of the Conseil Royal d'.\gricultnre de France, of the Soci(''t(^ Royale et ( cntrale, &c. &c. The i'lates from Drawings by W. Nicholson, R.S.A. reduced from a Series of Oil Paintings, executed for the Agricultural Museum of the University of Edinburgh, by W. Sliiels, R.S.A. 2 vols, atlas ipiarto, witli .")0 plates of" animals, beautifully coloured after Nature, .*'16. 10s. half-bound in morocco.— Or in four separate portions, as follow : The OX. 1 vol. ctlas ipiarto, with 22 plates, .t6. Ifis. fid. half-bound in morocco. The SHEEP. 1 vol. atlas (piarto, with 21 plates, jtfi. lOs. fid. half-bound in morocco. The HOUSE. I vol. atlas quarto, with 8 plates, .*3, half-bound in morocco. The HOG. 1 vol. atlas quarto, with 5 plates, jf2. 2s. half-bounil in morocco. LOW-ELEMENTS OF PRACTICAL AGRICULTURE; Comprehending the Cultivation of Plants, the Hu.sbnndry of the Domestic Animals, and the Economy of the Farm. By I). Low, Es(i. FR.S.E., Prof, of Agriculture in University of Edin- burgh. 4th Edit, with Alterations and Additions, and above 200 Woodcuts. 8vo. 21s. cloth. MACAULAY.-CRITICAL AND HISTORICAL ESSAYS CON- TRHJUTED to The EDINBURGH REVIEW. By the Right Hon. Tuo.mas Babinuto.n Macaulay. 3d Edition. 3 vols. 8vo. 3(5s. cloth. MACAU LAY-LAYS OF ANCIENT ROME. By tiieRight Hon. Thomas Babingto.\ Macaulav. Gth Edition. Crown Svo. lOs.Od. cloth. MACKENZIE.- THE PHYSIOLOGY OF VISION. By W. Mackenzik, M.D., Lecturer on the Eye in the University of Glasgow. Svo. with Woodcuts, lOs. 6d. boards. MACKINNON. -THE HISTORY OF CIVILISATION. By Wm. Alkxandeh Macki.nnon, F.R.S., M.P. for Lymington. 2 vols. 8vo. [In tlw press. MACKINTOSH (SIR.TAMES).-THE LIFE OF SIR THOMAS MORE. By the Right Hon. Sir Ja.mks Mackintosh. Reprinted from the Cabinet Cyclo- piedia ; and intended as a Present Book or School Prize. Fop. Svo. with Portrait, 5s. cloth ; or bound in vellum gilt (old style), 8s. MACKINTOSH (SIR JAMES).-SIR JAMES MACKINTOSH'S MISCELLANEOUS WORKS; including his Contributions to " The Edinburgh Review." Collected and edited by his Son. 3 vols. Svo. [i« the press. MACKINTOSH, &C.-THE HISTORY OF ENGLAND. By Sir James JL^ckintosh ; W. Wallace, Escj. ; and Robert Bell, Esq. 10 vols. fcp. Svo. with Vignette Titles, jt3. cloth. M'CULLOCH.-A DICTIONARY, PRACTICAL, THEORETI- CAL, AND HISTORICAL, OK COMMKKCK AX!) COMMERCIAL NAVIGATION. Illns- trated witli Maps aiul Plans, liy J. R.M'Culloch, Ks(|. An entirely New litlilion, corrected throuj^hout, enlarged, and improved. 1 very Miick vol. Svo. 50s. cloth ; or 558. strongly half- bound in russia, with tle\il)Ie hack. ** Mr. M'CuUocli's CommiTcial DutioniuM. has for several years ln-en a vailc-mccum for mercli.ints, traders, ship owners, and ship-masters, to truide and as^i->l lliern in ronthictinn tlie details of tlieir respective orrupation^^ ; we neeil not therefore expatiate upon tlie nt'iieral merits ot this wtll known work, in dnnouncing to the mereantik* world a new, enlarged, and improved edition. The subjects handled in a commereial dictionary are not of a stationary but a progressive clmraeter, and those who mostly use huch repertories are not curious ahout liistorical notices or theoretical discussions, but concern them'^elves solely with practical details immediately connected with the present moment. The < hanj;es made in our commercial policy by the Tariil" Act of XM'l. and the late act* for reiiulatiny the corn and colonial tratles, are so multiform, so important, and atl'tct so muny articles and interests, that Mr. M'( ulloch desjuiired of introducint; them into a suj)plement of a less s:/c than the orii^inal work ; he has therefore reconstrucled his Dictionary altogether. We have carefully examined this vast work, and arc of opinion that the indefati^^ahle author has priMluced a digest of the most usetul and authentic information respecting the past and present state of the commi rce of Europe ami the world at larue, and the law. ^ and rcirulutions under which commercial operations are carried on. We have not space, nor would it he useful if we had, to enumerate the new subjects treated in the edition before us ; it will sufHce practical men to he assured that in the course of their business Bcarcely any com- mercial question cun arise upon which they will not tind useful information in Mr. MH'ulbn'h's well stored papes." l"n)m an article on Mr. M'Culloch's Dittionarv in Thk Timks r jwspaper. M'CULLOCH.-A DICTIONARY, GEOGRAPHICAL, STATIS- TICAL, AND HISTORICAL, of the various Countries, I'laces, and Piincipul Natural Objects in the WORLD. By J. K. M'CuLLocii, Esq. A New Edition. 2 thick vols. Svo. illustrated with Six Large Maps, ^4. cloth. *»* The new Articles on the British Empire, England, Ireland, and Scotland, will he printed separately, as a Sujipltinent to the former Edition. They comprise u pretty full Account of the Present State ot the British Empire. - I I ^ J XJ' 20 CATALOGUE OF NKW AVORKS MCCULLOCH. -THE LITERATURE OF POLITICAL ECO- NOMV ; hrinu: a Classified Cataloffuo of the i)riiicii)nl Works in tlie ilifferent departments of Political Rrononiy, with Historical, Critical, and liiog;rapliical Notices. By J. U. M'Culloch, Esq. 8vo. 14s. cloth. M'CULLOCH. -A TREATISE ON THE PRINCIPLES AND PRACTI(;aL influence of taxation and the FUNDING SYSTEM. By J. R. M'CrLLOCH, Esq. 8vo. 13s. cloth. MALTE-BRUN.-A SYSTEM OF UNIVERSAL GEOGRAPHY, Founded on the Works of MALTE-nRiT.\ and Bamii, emliracinir an Historical .Sketch of tlie Proa^ress of Geojraphical Discovery, the Principles of Mathematical and Physical (jeoffrnphy, and a complete De.scription, from the most recent sources, of the Political and .'^ocial Condition of all the Countries in the World : with numerous Statistical Tables. 8vo. 308. cloth. MARCET -CONVERSATIONS ON CHEMISTRY; In which the Elements of that Science are familiarly E.xplained and Illustrated by Experiments. 14th Edition, enlarffed and corrected. 2 vols. fcp. 8vo. 1 .s. cloth. MARCET -CONVERSATIONS ON NATURAL PHILOSOPHY; In which the Elements of that Science are familiarly e.xplained, and aok t» explore the wildefit regions of Africa in sea re h of some relati^es wlio ti.e! heen shipwrecked several years previously on the coast helow I*orl Natal, and ulio, it was supposetl, had lieen eiiirieii otf liy the natives. The'reader is a^reealdy surprised hv a rapid-series of seenes anil stirrniir events in whieli tiiiure conspicuously rhinoceroses, kangaroos, lions, tigers, elephants, snakes, enus, liutl'alns, airalVes, quaj-uas, panthers, *e. He follows the ailvcnturous Nimrods. throush tliiity instructive and eutertaininu' chapters uu tiie natural history uf the vegetable aud animal kingiinm, into the cxtremest depths of the jun^tle, where * Sera sub noi'te rudentum Ilinc exaudiri geniitus iraiiuc Iconum;' «nd sees the unwieldy elephant twirling his lithe prohos<-is. In siiort, he beholds all the birds, beasts, and rrerping things of the Zoidogieal Gardens, with tlieir domestic manners and habits explained, nliilst tlicy roam nueontrolled in tlieir native fastnesses." — Mokm.no 1'ost. MARX AND WILLIS.-ON THE DECREASE OP DISEASE effected by the Progress of Civilization. Bv C. F the University of (jOttin!!;en, &c.; and R. \Villi! riiysicians, &c. Fcp. 8vo. 4s. cloth. U. ^. nx, M.I). I'rofe.ssor ut' .Medicine in ., .!i.L>. Member of the Royal College of MAUNDER.-TIIE TREASURY OP HISTORY; Comprising a General Introductory (Jutliiie of Universal Hi.story, Ancient and .Modern, and n Series of separate Histories of every principal Nation that exists; their Rise, I'rogress, and I're.'ient Condition, the Moral anil Social Character of their respective inhabitants, their Religion, .Manners, and Customs, &c. By Samuel Mau.ndeh. 2d Edition. 1 thick vol. fcp. 8vo. 10s. cloth; bound in roan. 12s. MAUNDER.-THE TREASURY OP KNOWLEDGE, And LIBR,\RYof REFERENCE: in Two Parts. ICth Edition, thoroughly revised and enlarged. Fcp. 8vo. with engraved Titles and Frontispieces, 10s. ; or, handsomely bound, 12s. *»* The principal contents of the present new and thoroughly revised edition of " The Treasury of Knowledge are— a new and ealargeil English Dictionary, with a (irammar, Verbal Distinctions, and Exerci.ses ; a new Universal Gazetteer ; a coirii)eiii"liinis ("lassical Dictionary; nn Anal v sis of History and Chronology ; a Dictionary of Law Terms ; a new Synopsis of the British I'eerage; and various useful Tabular Addenda. MAUNDER.-THE SCIENTIPIC & LITERARY TREASURY ; A new and popular Encyclopedia of Science and the Belles- Lettres ; including all Branches of Science, and every Subject connected with Literature and Art. The whole written in a familiar style, adapted to the comprehension of all persons desirous of ac(|uiring information on the subjects comprised in the work, and also atlapted for a .Manual of convenient Reference to tlie more instructed. By Samuki. JIau.ndkk. 3d Edition. 1 thick vol. fcp. 8vo. with engraved frontispiece, 10s. cloth; bound in roan, 12s. MAUNDER.-THE BIOGRAPHICAL TREASURY ; Consisting of .Memoirs, Sketches,andbrief Notices of above 12,000 Eminent Persons of all Age. ond Nations, from the Earliest Period of History; forming a new and complete Dictionary of Universal Biography. By Samukl JLvitndeu. 5th Etlition, revised throughout, aud containing a copious Supplement, brought down to December, 1844. 1 thick volume. Fcp. 8vo. with engraved Frontispiece, 10s. cloth ; bound in roan, 12s. MAUNDER.-THE UNIVERSAL CLASS-BOOK : A new Series of Reading Lessons (original and selected) for Every Day in the Year ; each Lesson recording some important Event in General History, Biography, &c. which haiipened on the day of the month uniler which it is placed, or detailing, in familiar language, inte- resting facts in Science ; also a variety of Descriptive and Narrative I'ieces, interspersed with Poetical Gleanings : Questions for Examination being appended to each day's Lesson, and tlie whole carefidly adapted to Practical Tuition. By Samuel Mau.ndkk, Author of " The Treasury of Knowledge." 2d Edition, revised. 12mo. 5s. bound. MICHELET (J.)-PRIESTS, WOMEN, AND FAMILIES. By J. MicHELET. Translated from the French (3d edition), with the Author's permission, by C. Cocks, Bachelier-ts-Lettres, and Professor (brcvetd) of the Living Languages in the Royal Colleges of France. Post 8vo. 9s. cloth. "A book uniting many excellencies; the interest of the memoir, the fervency of a theological enquiry, and tho pungency and force of a 'dissection of human nature. We recommend it most earnestiv to imr reader^, as not only powerful and profound, but as written so clearly and .ageeeably that the most volatile and inattentive will comprehend and enjoy the remarkable disclosures made in its pages." — Je'rrold'm .Maovzi.ne. MILNER (REVS. J. & I.)-THE HISTORY OF THE CHURCH With Additions and Corrections by the LNER, D.D. F.R.S., Dean of Carlisle, and President of Queen's College, A New Edition. 4 vols. 8vo. £2. 8s. boards. of CHRIST. By the Rev. Joseph Milner, A.M. late Rev. Isaac M i Cambridge. MONTGOMERY'S (JAMES) POETICAL WORKS. New and only Complete Edition. With some additional Poems, and Autobiographical Prefaces. Collected and Etiited by Mr. MoNTaoMERY. 4 vols. fcp. 8vo. with Portrait, and Seven other beautifully-engraved Plates, 20s. cloth ; or bound in morocco, 368. m ^' ^ i im\ '-V-f;,' i ■V l'^''^ * 'i.-. ' .» vv 'iV^:'- i:)''};'' M :-*;i's 22 CATALOGUE OF NEW WOHKS MOORE'S POETICAL WORKS; Contnininiftlio Author's recent Introduction nnd Notes. Complete in one volume, uniform witli Lord Hyron'g Poems. With i ew Portrait, by George Hichniond, entrrnvcd in the line munnf-r, and a View of Slojierton (attaRe, the Residence of the Poet, liy Thomas ("rcswick, A.K.A. Medium 8vo. 218. cloth; or 428. bound in morocco, in the best manner, by Hayihiy. *«* Also, an Edition in 10 vols. fcp. 8vo. with Portrait, and 19 Plates .£2. 10s. cljth morocco, .-tA. lOa. MOORE'S LALLA ROOKH. Twentieth Edition. Medium 8vo. illustrated with 13 E"':ravins;8 finished in the highest style of Art, 218. cloth; morocco, 358; or, with India Proof I'lates, 42s. cloth. MOORE'S LALLA ROOKH, Twenty-flrstEdition. Fcp. 8vo. with Four Engravings, from Painting^s by Wcstall, lOs. Cd. cloth ; or, handsomely bound in morocco, in the best manner, 14s. MOORE'S IRISH MELODIES. Illustrated by D. M aclisb, R.A. Imp. 8vo. with 160 Designs engraved on Steel, .€3. 3g. bds. ; or Proof Impressions, .£6. 6s. bo. volume, uniform iifrnvcd in tin- line riionia.s ("rcswick, inner, by IluyKi>;ns, )(le of production, (borate work, will th . or bound in lialf-bound' IHART, iptoms. Antidotes, on rollers, 8s. 6d. yed at the Royal opoeia of that In- OF ENGI- R.S., Professor of ' of " Illustrations ICHANICS. l-onoiny in Kind's I the Professors of SYSTEM liitiquitics of the '-iwith"iMuller's |to the Heavenly Industry, Coni- lUGH MUKKAY, by Professor in, Ksij. New id in the work linfjravings o» ;ntina- tions; and a popular explanation of their Construction and Use. Vol . 2 contains Descriptions of the various Instruments that have been usefully employed in determining the Places of the Heuvenly Bodies, with an Account of the Methods of Adjusting and Using them. PERCIVALL.-HIPPOPATHOLOGY ; A Systematic Treatise on the Disorders and Lameness of the Horse; with their modern and most approved Methods of Cure; embracing the doctrines of the English and French Veterinary Schools. By W. Percivall, M.R.C.S. Veterinary Surgeon in the 1st Life Guards. 3 vols. 8vo. with Woodcuts. Vol. 1, 10s. Cd. ; Vols. 2 and 3, Us. each, boards. PERCIVALL.-THE ANATOMY OF THE HORSE ; Embracing the Structure of the Foot. By W. Percivall, M.R.C.S. 8vo. j^l, cloth. PEREIRA.-A TREATISE ON FOOD AND DIET : With Observations on the Dietetical Regimen suited for Disordered States of the Digestive Organs ; and an Account of the Dietaries of some of the principal Metropolitan ana other Establishments for Paupers, Lunatics, Criminals, Children, the Sick, &c. By Jon. Pereira, M.D. F.R.S. & L.S. Author of " Elements of Materia Medica." 8vo. ICs. cloth. PESCHEL (C. F.)-ELEMENTS OF PHYSICS. Part 1— Ponderable Bodies. By C. F. Peschel, Principal of the Royal Military College, Dresden. Translated from the German, with Notes, by £. West. Fcp. 8vo. with Diagrams and Woodcuts. 7b. 6d. cloth. " .\n useful and welldigested ' Elementary Treatise on Physics,' Its plan is Intermediate between the mere popular enunciation of physical facts, and the rigorous mathematical demonstrations of more scientific writers. Thus it is well calculated to meet the wants of those by whom a sound general knowledge of the elementary principles of natural philosophy is desired. Though small m size, the book contains .aore matter tlian is found in many ponderous volumes ; the style is throughout neat, close, concise, and perspicuous, and the sense everywhere dearly and even elegantly expressed. The translation is strikingly terse and explicit ; and the tabular and other formulary matter is converted and reduced to English standards with a careluUiess and extreme accuracy beyond all praise The book will be found indispensable to the senior scholars in colleges and S''hools ; its usefulness to mathematical students is obvious and undeniable."— Eclectic Rbview. li'.' l.y 1' ■'.;,.'■ ./■•ijv- 1: 'V .'1' ■•) ■§ %i:-' '-W'.' '■: 21 CATALOGUE OF NEW WOUKS PlIILLTPS.-A^^ ELEMENTARY INTRODUCTION^ TO MINE- KAIAKiY; romprisiii(f a Nuticc of the ('liuriictcrK niid I'Ui-iiii-nts of MiniTiil.s; witli Airoiiiit^ oftlifi i'lacc'SHiiil (JircuinNtiinces in wliicli tlipy are fiimid. Hy William I'iiii,i.ii'h, F. L.S. M.O.S. &c. 4tli iMlition.coii.jiduiably aiinmeiitcd li • R. Allan, l''.ll..S.E. 8vo. with mnutroiin Cuts, 128. clotii. PHILLIPS-FIGURES AND DESCRIPTIONS OF THE FAL.KO/OH; FOriSILS of CORNWALL, DEVON, and WK;fr SOMKRSET; observrd in the courKe of tlie Ordnance (ipolo'jjical Snrvpy of t'liiit District. Hy John I'liiLLirN, F.R.S. F.U.S. &(.-. Published l)y Order of the Lords CoininiHsioiiurii of 11. .M. Treasury, bvo. with 60 I'lafcs, coiiiprisintf very nuiiierous tififures, 9s. clotli. PHILLIPS.-A GUIDE TO GEOLOGY. Uy John Philliph, F.R.S.U.S., &c. Fcp. 8vo. with Plates, Cs. cloth. PHILLIPS.-A TREATISE ON GEOLOGY. Ky John Phillips, F.R.S.G.S., ficc. 2 vols. fcp. 8vo. with Vijfnette Titles and Woodcuts, 12s. cloth. PORTER.- A TREATISE ON THE MANUFACTURE OF SILK. l»y O. R. PoRTKB, Esij. F.R.S. Author of " I'he Prou:res8 of the Nation," &c. 1 vol. 8vo. with Viffnette Title, and 3!) EiiKrnviiiKS " MANUFACTURES OF F.R.S. Fcp. 8vo, with Vignette Title j;s on Wood, 6s. cloth PORTER.-A TREATISE ON THE P0R(;KLAIN and glass. UyO. R. pouter, Esq and 50 Woodcuts, 6s. cloth. PORTLOCK. -REPORT ON THE GEOLOGY OF THE COUNTY of LONIMJNDERRY, and of Parts of Tyrone and Fernianaifh, examined ami described under the Authority of the iVIaster-General and Uoard of Ordnance, liy J. E. Portlock, F.R.S. &c. 8vo. with 48 Plates, 24s. cloth. POSTANS.- PERSONAL OBSERVATIONS ON SINDH, The Manners and Customsof its Inhabitants, and its Productive Capabilities : with a Narrative of the Recent Events. IJy Capt. Postans, Koinbny Army, late Assistant to the Political Agent, Sindh. 8vo. with new Map, colouresil>Ie — nay, ptrh;ips not to he wished as a thintf desirable — that a deep-thinking and sincere man should, in his treatment of such a subject m.itter (tlie restoration of purity in relipion), liave displayed that calm and cold philosophy which mi^ht have bten looked for, but which certainly was not found even in our Gibbon's account of its oriKin and prticress. We must ad'K'r; observed in riiiLLii's, F.lt.S, L'usury. bvo. with es and Woodcuts, E OF SILK. c. 1 vol. 8vo. with rURES OF iith Vijjiiette Title [E COUNTY 111 (lespril)C(l uikIci- I'OIITLOCK, F.R.S. [DH, : with a Narrative t to the Political rations, 18s. cloth. SOPHY, Savilian Professor loth. F LONDON. READING, By the Rev. ar Practice," and SOCIETY Jesus Collcffp, iry of the Geolo- io. 4 on Nov. Int. ." Vols.land;2. ..IreaHy stands hitih impartiality wliitli li wi' nm!*t conft'Ss times sinks intotlie r ri'ailt'is to rcmcin- lint? ilrsiral)!!'— tliat toration of purity in wliich certainly was ily oceasioniilly tliat a(lvoi',icy is so Iho- ju'e ttiu reader. It lie forma u sufficient ionera in Medi- on the Distin- i incident to the 3on8 of London, LES AND on Health and 320 Engraving;s PRINTED FOR I.ON'GMAN, BROWX, AM) CO. Hi) REPTON.-TIIE LANDSCAPE GARDENING & LANDSCAPK ARt.'HITKCTL'RK of the late IIi-.mpiirv Rki'to.n, K.si|. ; liiiiiu; hi* entire works on these subjects. New Kdition, with an historical and scientitic Introiluciion, a systematic .VnnlyHis, a liio^rapbical Notice, Notes, and a copious nliihubctical Index. Hy J. (!. I^(mim>.v, F.L.S. &c. Oritrinally pulHialied in I folio and 3 <|uarto voliitncs, nnd now coni|)riMiMl in I vol. Svo. illustrated by upwards of 3J0 Lngravini;H, and Ik^rtruit, 30b. cluib; with coloured plates, ie3. Os. cloth. REYNARD THE FOX : A renowned Apolotfue of the Middle Ace. Reproduced in Rhyme. Knibrllislied throughout with Scroll Capitals, in Colours, from Wood-block Letters made e.\nres.sly for tliis work, after l)esi(;n8 of the I'ith and I3th Centuries. With an Introduction, by Samukl N.wlor, late of Queen's Culleg;e, Oxford. Large ritjuare Bvo. 18s. vellum cloth. RIDDLE. -A COMPLETE ENGLISH-LATIN AND LATIN- KNGLISH DICTIONARY, compiled from the best sources, chietly German. Uy the Rev. J. R. RinDi.K, M.A. 4th Kdition. Svo. 31s.6d. cloth. *»* Separately— The English-Latin part, 10s. Cd. cloth j the Latin-English part, 21h. cloth. RIDDLE. -A DIAMOND LATIN ENGLISH DICTIONARY. For tlie Waistcoa ncket. A Guide to the Meaning, Quality, and right Accentuation of Latin Classical Words, liy the Rev. J. E. Riddle, M.A. Royal 32nio. 4s. bound. RIDDLE. -ECCLESIASTICAL CHRONOLOGY; Or, Annals of the Christian Church, from its Foundation to the present Time. Containing a View of General Church History, and the Course of .'Secular Events; the Limits of the Church and its Relations to the State; Controversies; Sects and Parties; Rites, Institutions, and Discipline; Ecclesiastical Writers. The whole arranged accordiuL'' to the or4ler of Dates, and divided into Seven Periods, To wliich are added. Lists of Councils ami Popes, Patriarchs, and Archbishops of Canterbury. Uy the Rev. J. E. Riudlk, M.A., Author of" The Complete Latin Dictionary." 8vo. 15s. cloth. RIDDLE.-LETTERS FROM AN ABSENT GODFATHER; Or, a Compendium of Religious Instruction for Young Persons. Uy the Rev. J. E. Riddle, M.A. Fcp. Svo. Gs. cloth. RITCHIE (ROBERT.) -RAILWAYS: THEIR RISE AND PROGRESS, and CON.STRUCTION. With Remarks on Railway Accidents, and Proposals for tlieir Prevention. Uy Ruuekt Ritchie, Esq. Fcp. Svo. [In October. RIVERS.-THE ROSE AMATEUR'S GUIDE ; Cont-iining ample Descriptions of all the fine leading varieties of Roses, regularly classed in their respective Families ; their History and mode of Culture. Uy T. Rivehs, Jun. 3d Edi- tion, corrected and improved. Fcp. Svo, 6s. cloth. ROBERTS.-A COMPREHENSIVE VIEW OF THE CULTURE of the VINE under GLASS. Uy James Roberts, Gardener to M. Wilson, Esq. Eshtoii Hall, Yorkshire. 12ino. 58. 6d. cloth. ROBERTS (GEORGE).-THE LIFE, PROGRESSES, AND RE- BELLION of JAMES DUKE of MONMOUTH, to his Capture and Execution; with a full Account of the Uloody Assizes, and copious Biographical Notices. HyGEoaoK Roiikhts, Author of "The History ot Lyme Regis," &c. &c. 2 vols, post Svo. with Portrait, Maps, and other Illustrations, 248. cloth. ROBERTS.-AN ETYMOLOGICAL AND EXPLANATORY DICTIONARY of the Terms and Language of GEOLOGY ; designed for the early Student, and those who have not made great progress in the Science. Uy G. Roberts. Fcp. Ca. cloth. ROBINSON.- GREEK AND ENGLISH LEXICON TO THE NEW TESTAM iNT. By E. Robinson, D.D. Author of "Biblical Researches." Edited, with careful revision, corrections, &c. by the Rev. Dr. Uloomfielu. Svo. ISs. clotlu ROGERS.-THE VEGETABLE CULTIVATOR; Containing a plain and accurate Description of all the different Species of Culinary Vegetables, with the most approved Method of Cultivating them by Natural and Artificial Means, anil the best Modes of Cooking them; alphabetically arranged. Together with a Description of the Physical Herbs in General Use. Also, some Recollections of the Life of Philip ^iILLKl(, F.A.S., Gardener to the Worshipful Company of Apothecaries at Chelsea. By John Rgoers, Author of " The Fruit Cultivator." 2d Edition, fcp. Svo. 7s. cloth. ROME.-THE HISTORY OF ROME. (In Lardner's Cyclopaedia). 2 vols. fcp. Svo. with Vignette Titles, 12s. cloth. ROSCOE.-LIVES OF EMINENT BRITISH LAWYERS. By Henry Roscoe, Esq. Fcp. Svo. with Vignette Title, Cs. cloth. 'fe' / 'HI t t"' ■ *?, "' •-' ■ ^ W ■ ''t^'' ■*■ •,^;: .■ .'H;: ll.'t, -• [I v.! ,v ■ m i',; .•fv. T;^;. ■ I *•:'•'«'<■' 2fi CATAI.OdUi: Ol' Nr.W WUUKS SANDiiv (Ri;v. (:.)-:mksmi:uism a\d itsoitonmms: Willi n N.iniiliM' uf ('iiKrn. Uy tlic Itcv (ii.niKiK Sw iiiiv, .(ini. \ ii iir or I IxtcJii, iiiid Kti (m or All .''iiiiit'- wit!: >t. Nii'li()!.n>«.'S'iiitli I.IiiiIkiiii, SiiUnlk ; lluiiir.stit' L'liai>!aiii to tlic lli|(lit lion, tlic I'.iirl of Alicrituvfiiiiy. ril>. nvo. (in. clotli. SANDIIl IIST COILKCIF. MATHEMATICAL COUHSl-]. KI.MMKNrs of AUnilMI/nC iiml M-(;K1IU\. rcntlnMi^roftlic Hovnl Milimry Collnrp, .>^iiiiiltiiir>t. Hy \V. ^c'lir, l-Nq. A.M. iiml I'Ml.N.S. Hcniiid .MiitliciniitlrHJ rnn'cs-xir in lli • I list it lit inn. I if 'i Ml-' till' InI VijIiiiiicoI' tlii'.-'anillinrst Cour.sfot' Mullii'iniitli s. Nvo. ITin. lion ml. KI.KMKN'TS of (il'.OMKTIlY; consiKtinir of tlic lil•^t I'oiiranil Sixth Hooks of I'.iiclid, cliiidv from tlip Text of Dr. Kfjlicrt Sinisini ; Willi the iiriii(i|i!il 'I'ln'.iri'ins in I'roportiini, anil a ("otir'^c of I'rnctical (iroincfrv on tlio (iroiinil ; also, Tour 'I'lact- irlatiiiu' to Circli's, I'lincs, mill SoliiU, with one on .^piii'iii-iil (iri.nii'trv . For the iihi; of tin- lloyal .Military CoUcri. Saiiillnirst. Ilv.loil.s .Vakiiii.n, l'rl)t'l'^sor of Matlii'inalirs in tlic liihtitiilion. ilcinii: lie 2il Voliiino of the ."^anilhur.st Conine of .Matliciiiiitirs. K,o. witli many iliiinraiii.s, IO.n.CiiI. liiminl. IM.AIN' 'IRKiONOMrniY ami M l',\.>^l KATK )\; for the use of the !<• yal Military Colli .'c, Samlliiir.st. Ily \V. Sinrr, y,si\. .\..\I. ami I'.K. A..-^., Siconil .Mathematical ^la.^tl•r in the In- Rtitiiiioii. lU'in^ the Tliird Volume uf the ;?anilhiir.it C'liiirse uf Mutheniatics, Nvo. U.s, Oil. hound. PIlACriCAI. A?TUO\O.MY niiil OKODKSY, iiirlndin!; the I'rnjcrtioii.H of the Sphere, ami Spherical Triuimoiiietry. l"or the use of tlie Uoyal .Military ('ollc^e, Saiidliiir-t. Hy .Idii.n Nahkikv, I'Ml.S and U..\.;?. I'rot'cs-or of .Mathematics in the lii.stilutioii. Uein^ the Jth Volii'iie of the Samlhnrst ('oiirsc of Muthcinatics. Hvo. 1 4s. hound. SATsDFOKD (UKV. J01L\).-rAR0CITTALTA, Or, (,'hnrcli, School, and I'arish. Ity .Idii.n S.v.NnKoHi), S\.\. X'icar of Dunchiirch, f'linphiiii to tlie Lord Hishop of Worcester, lion. Ciiiion of VVorcetiter, niul Kiiriil Dean. hvo. with nii- iMcnms Woodcuts, Ifis. clotli. SA^fOFORD-AVOAIAN IN ITER SOCIAL AND DOAIESTIC CIIAKACTKII. IJy Mis. .loiix f-.vxDfor.i). Gth Kdition. l-'cp. 8vo. Os. cloth. SANDFORD.-EEAIALE IMrROVEMEXT. IJy Mrs. .ToiiN Sandi'oiih. 2d Edition. I'Vp. 8vo. 7s. (id. cloth. SCllLEIDEN (rROFESSOR).-PKINCIPLES OF SCIENTIFIC IJOT.XNY. Hy M. J. Scm,Kii)i;\, Vrofessor of Hotaiiy at Jciin. Translated hy K. Ka.nkks- Ti;i(, M.l). F.L.S. 8vo. with iiiimcro'.is Wood Kii;^ravinu:s. [I'lU'/Ktriiii/ fur jtitMiatlioii. SCORESBY.-MAGNETICAL INVESTIGATIONS. Ily the Ilev. Willia.m Scoki;siiy, D.I). F.U.S.L. and V,. &c. S:c. Comprisiiia; InvPstiirutions coiicernin;;- the Laws or I'riiiciples all'ectin'j; the Power of .Mau;netic ^•t(■el I'lales or liars, in comhiimtion us well as sinsfly, under various conditiuns as to .Mass, ll;iidiie-,s, (Quality, Form, &c. as also conceniinj; the comparutive Powers of t.'ust Iron. Part I, Hvo. with Plates, as. cloth; Parts, lOs. Gd. SCOTT.-TIIE HISTORY OP SCOTLAND. Uy Sir Waltek Scott, Hart. New edition. 2 vols. fcp. 8vo. with Vii;nette Titles, I2s. doth. SEAWARD.- SIR EDWARD SEAWARD'S NARRATIVE OE Ill.S S111PWHE('K, and consequent Discovery of certain Islands in the t^arilibean Sea: with a (letail of inaiiy extraordinary and hiifhly interesting' Invents in his Life, from I7;)M to 1749, as written in his (iwn Diary. ICditcd hy .Miss Jank Poirriiii. ;id ICdition. witli a New Xautical mill Geoirvaphical Introilnction, coiitainiim' Kxtracts from a Paper hy Mr. C. F. (,'ollett, of the Uoyal Niivy, identifying the i.slands dcscrihed by Sir li. .Seaward. 2 vols, post Svo. 21s. cloth. SELECT WORKS OE THE BRITISH POETS, From lien .lonson to Ucat'ic. XVith Hio:,'raphical ami Critical Prefaces, by Dr. A ik in. A New iCdition, with Siippiement, by Lrcv Aikix ; consistiiii; of additional Selections from the ^Vorksof Ciahbe, Scott, Coleridge, Priugle, Charlotte Smith, and Mrs. Uurhanld. ^Medium 8vo. 18S. cloth. SELECT WORKS OF THE BRITISH POETS, From Chaucer to Withers. With Miographical Sketches, by U. Southky, LL.D. 1 large vol. 8vo. 30s. cloth ; with gilt edges, 31s. (id. * ,' The piculi.ir fciiUirc of tlii'si' twii ivDiks is, tliiit tlio Poems iiro printcil iTtirc, iiitlimit mu(il:itii)n or abridg- mpiit — a IV.'iluie not pn^ser.i-til by any similar uork, and adding obviously to their interest and utility. SERMON ON THE MOUNT (THE). [St. Matthew, V. vi. vii.J Intended for a Birth-day Present, or Gift Book for all Seasons. Printed in Gold and Colours, in the .Mis.sal style, with Ornamental Horders hy Owkn Jonk.s, Archife(!t, and an illuininated Frouti.spiece hy \V. Ho.xall, Esq. A New Edition. Fcp. 4to. in a rich brocaded silk cover, manufactured expressly, 21s.; or bound in morocco, in the INlissal style, by llayday, -iCs. " This b(p..k is a ui'm, i .sued in a shnpo so comploto that it mii'lit adorn the rhoircst shelves in the rnlleetinn of a Iloxburi,'heoraC;rcn\illc; or,whieh is slili bettir, be carried ne-Kt the heart by the must earnest and devout." — Ti.Mrs. .. ; i:, ••. I H) mints: i\tiiii, iiiul Ki'i'tiir [u the Kii^lit Hon. SM. Militnry follrirp, 1 l'r(i(VH'<()r in ih • ( Kvo. lI'iH. IkmiikI. ' (if I'liclid, cliiclly t 'I'oiKirlioii, :inil ii | I Cirrli's, I'l iiii's, Military Collfii, I Itiriii. ilciliir III. IN, I()n.(<(I. IiiiiiiiiI. Militin-y ('iiii«: is ,iri'j;iiialTc\t , Init tlioNc viii'iKaiiil i'\|in'^^i(iirliri'iiiiiitti'il uliirli raiinnt uitli intiprirty III' rraihiluinl. It\ T lluu ni.iu, Km|. K.H.S. ,-i'miiIIi I'.ililioii. Oiif larKi" vol. ^vo. with M lllii>tiatiiiiis al'ii'r Sinirki', \;c. 30s. cloth ; (ir .il» (5(1, uilt cilircs. *,* A Liiiii.MiY lion iiiN. witlioiit IlIiistrationH. 8 vols. Hvo. t ». 1 u. M. lioanU. SIIKLLKY, &c. -LIVES or Til K .MOST EMINENT EITEMAKV MI'N OK ITALY, ."^rAIN, hihI I'( HI 1 1(1 \I,. l»y Mis. Sii i.i.i.kv, .Sir I). IlKKW^rKii, .1. .Mo.s TdiiM iiiv, i\:c. 3 vols, Icp, H\o. with \'iL,'^Mcttt''ritli's, lf>.). chitli. SIIELLEY.-LIVESOF MOST IIMINEXT FUENCll WKITEKS. Ily Mrs. Sill 1,1. i.v. anil others. 2 voIh. fcp. .s»o. with Vignette litlcs, rjs. cloth. SHOUT WHIST: lis Itisc, I'l'd^rcs-., and Laws; with Oliscrvations toninKc any one a Whist I'laycr ; containinir also tilt' Laws iif l'i(|iiil. Ciissiiu), Kcarti', Crililui::!', Haikmininiini. Ity .Major A * **** •III. Milit. 'I'owhiihaicaililiil, I'lti I'jits t'oi'lyuis. Hy .\lr.s. H»**«. rep. hvo. 3s cl. yilt eiljjeH' S1SM0M)I.-1I1ST0KY OF THE FFALEVN KEl'rmjCS; ()■:, (if the (tiiL,'in, l'iii:;re>s, anil I'lill of I reeiluiii 'ii I tidy, iVmii a.d. 470 lo IM0.», Hy J. C. L. 1)10 .SisMoMii, 2 Mils. fcp. ,s\(i. with \i'.;n.'lt(' I •• ,es, I'js. elnlli. S[SM0N1)I.-THE HISTORY OF THE FALL OF THE ROMAN KM riHK. ('ll1np|■i^illfx a View nl Mie Invasion and Setllriiiriit nl iIm Itarbarians. Hy J. C L. \)v; Sis.MoMii. 2 Mils. fcp. sm(. with Vi;;iii'tt(' 'litlcs, r; . inili. SMITIL (S. Il.)-T11E FEMALE DISCllM" OF TI^E F[RST TIIRKK CIl.N'rLIUiK.Hoftlii'CllKl.STIAN EHA : her Trials and her. Missii My.Mrs. IIk.miy Smith. I'cp. svo. (Is. chilli. " Mr^. Siiiiih .- littli licpok ll^..-|■>H»•^ thi' r iri' nicrit (if pn st'ntiiiy 11 suli.)!'' t uf m'luTiil i ' i-c t, wliicli nt'viTt)ii'Ii->.<« 1ki» iMllnTliiixcili'JIpiit liltli iM'iil.iin mil ipf Oil' M li.,iiN, in .111 uttnrlnc >li,>|ii', ,iii,l n. ni.iiM'Iy riiiln"!' ilii; tlii' -iiliMi t-iii;ittiTi>r ninny iiihiim ■■ cii' inlrKtii- wiitiii.,-, wliirli in tin ir 1)1 i;;in • "ni n.ulil m\rr lpu'i;uii>.u!' I liy tin' LTi'at 111,1)1 ti-lt\ cpf 11 111] -i^." — V I l.\s. SMrril.-THE ENGLISH FLORA. Hy Sir Jami-.s Kdwaud S.Mirii, .M.U. F.H.S., lute I're.slih it of the Linnican Society, &c. vols. 8vo. .fi. r.'s. liiiards. Contents :— Vols. I. to IV. The Fi.o\vi;rinq Plants and the 1''|';h.\.s, .-£2. 8s. \ol. V. I'art 1, I2s.— Cuvi'TiKiAMiA ; coinprisinyf the .Mo.sses, Ikpatica', Lichens, Characea', and Alsfie. Uv Sir \V. .1. Hook :;it. Vol. V. I'i!it2, l''is,— The KrNai— coiiipletinjf the work, by Sir J. W. HookI'IU, and the Key. SMlTIL-COAnrENDIUM OF THE ENGLISH FLORA. Hy Sir.L E. ."'.mitii. 2il Kdit. with Additions, \;e. Hy Sir W. J. llooKiiii. 12nio. 7s. Cd. cl, TlIK SA.MK l.\ LATIN. 5tli l':ditioii, 12iiio. 7s. (id. SMITII.-AN INTRODUCTION TO THE STUDY OF BOTANY. Uv Sir.L K. Smith, late I'resiitent of the Liimcaii So.iety. 7th I'.ditiini, corrected ; in which the object of Smith's " (iraiiiiiiar (if Hiilaiiy" is coiiiliined with that riC the " Intrddiictiiiii." lUSir'WiM.iAM .lACKso.v llddKP II, K.ll., LL.O., ice. 8vo. with 30 Steel I'lates, Ids. cloth ; with the I'lates coloured, .i,2. I2s. (id. clutli. SMITH.-THE \VORKS OF TH'^. HEY. SYDNEY SMITH. 3d Kdition, 3 vols. 8vo. with I'ort ait, 3(is. i e ' . •.* 1 l,i~ nillii'linii ii.i,>i-.t> ipf 111" unt 111 Pi's ciiiiliiUuin i.-, tn till' Kiliiiliuip'li Itciifiv, rflcr I'lymli'y's l.utlorp. nn tlic I'atluplics, uniliptlicr lni~ci'll.in'<'Us huiI^s. " Svilni'v Siiiilli'^ W liiin:;-, iinU | ■ mli ntly of tinir liistnricul vriluc, as tlii' i>xpi'i"itii'n ami ai;;iiniinlatioii ; Ins littiis |ia\o tia' iM-v anil Ir.in-piiii'nt cliann-s of Si.ilt ii. llic lli,ipii'r, tlii' kiTll sana-tii' riL'i- ot .Inniu-, nitlmut a paitii lo of .hinins's nialiiinily, anil witli tlit'M' a I'rli' iuj pus liuinour, iilucli I'lvils in tlio ixposnio ami ilfstiUftion of absur- SOuillEY'S Tiim^^ COAIPLETE POETICAL WORKS; Onitaiiiiii^: till the .Author's last Intnuluctidiis mid .Notts. Con plete in one volume, with rortniit and View oi the loci s Kesitleiici.: at Keswick, unifcirni with Hyion's I'oeins and Thomas .Moore's I'oetical Works. Alediuin Svo. 21s. clotli; or 42s. bound in morocco, in the best niariner, by liayday. " Till- iPii-sfiit I olU'i tivi'i I ilitioiijiunsi^tiii^' of iiiii. voUinii' only, im lu'lfs tin- lontrnts of tin' fnriniT ten, aulo liioiilapliiiMl pli'la.as, as wM as poinis. It Is L'ot n|i ill all ixi ii'ilinaly liiai.tlfnl styli ,Hit|| ;, ili-ar tllolli.li sni.ill tvpc,aliil IS ailonu.; uitli a portrait of tin' antliol', ami a \i;;ni tti' 1 n!;ia\iMi; of his rcsiilciu .■ at KiswicK. Alio^ctlor, itloniis.i liallilsi.nu' ili.niilia lorin, or lllnary l.oi.k, wlillst its iiilnicil inii'i', as cumpai-.il willi the ti'ii mlumi' fililion, will ii'ii'hi' it liinlily aiiopt.iMi' to a lar-.'i' lias.. No lii\ir of clinaiit liliratiiu' will now rontint Ioiiim If without pos-issiliu a ropy oi woiKs wliiili, howiior \aiious tin opinaiiis out. rtaiiii.l ii-|ii'i:tiiig somi; of thi'ln, lia\u limi takin tlnai' place aiiioni;st llie incluriiii; pioiUiitioiis of our af;e." — Ki l.l:< Tit IU:vil\\ . Also, ail Edition in 10 vols. fcp. Svo. with Portrait and 11) I'lates, .£2. 10s. cloth ; morocco, ^ii. IDs. ll'.e follow iiiij Works, separau-ly ; — JOAN of AUG Fcp, Svo. .'is. cloth, 'i 11 ALAHA IVp. 8vo. ."js. cloth. M\|)()C Fc)). Svo. .'is. cloth. CUKSK of KKUA.^!A Fcp. Svo. 5s. cloth. HALLAl):-, S:c 2 vols. Fc|i. Hvo. 10s. chith. K(.)L»KiaC is. Fci). svo. OS. cloth. ;* ^;V'-. !.*^ ■ , ■^f ■ :,;; U:; . ).* li '':•:•' ;''>■■> ■^ '^V Mc 28 CATALOGUE OF NKW WORKS SOUTHEY, &c. -LIVES OF THE BRITISH ADMIRALS; With jin IntrodtM-tory View of the Naval History of England. By R, Southey, Esq. and K. Bell, Esij. 5 vols. fcp. 8ro. with Vignette Titles, d.1. lOs. cloth. SPALDING.-THE PHILOSOPHY OF CHRISTIAN MORALS. By Samuel Spalding, M.A. of the London University. 8vo. 10s. 6d. cloth. SPIRIT OF THE WOODS. By the Author of "The Moral of Flowers." 2d Edition. Royal 8vo. with 23 beautifully- coloured Engravings of the Forest Trees of Great Britain, j6'1. lis. 6d. cloth. SPOONER.-A TREATISE ON THE STRUCTURE, FUNC- TIONS, and DISEASES of the FOOT and LEG of the HORSE ; comprehending the Com- parative Anatomy of these parts in other Animals, emlii^ciug the subject of shoeing and the proper Treatment of the Foot ; with the Rationale and Etl'ects of various Important Operations, and the best methods of performing them. By W. C. Spooner, M.R.V.C. 12mo. 7s. 6d. cloth. STABLE TALK AND TABLE TALK ; or, SPECTACLES for YOUNG SPORTSMEN. By Harry Hieover. 8vo. [In October. STEBBING.-THE HISTORY OF THE CHRISTIAN CHURCH, from its Foundation to a.d. 1492. By the Rev. H. Stebbinq, M.A. &c. 2 vols. fcp. 8vo. with Vignette Title-, 12s. cloth. STEBBING (REV. H.)-THE HISTORY OF THE CHURCH of CHRIST, from the Diet of Augsburg, 1530, to the Eighteenth Century; originally designed as a Continuation of Milner's "History of the Church of Christ." By the Rev. Hknky Stebbino, D.D. 3 vols. 8vo. 36s. cloth. STEBBING.-THE HISTORY OF THE REFORMATION. By the Rev. H. Stebbino. 2 vols. fcp. 8vo. with Vignette Titles, 12s. cloth. STEAM ENGINE, BY THE ARTIZAN CLUB. A Treatise on the Steam Engine. By the Aktizan Club. Nos. 1 to 10, 4to. Is. each, sewed. To be completed in 24 Monthly Parts, each illustrated by a Steel Plate and several Woodcuts. "The ohjiet of tlits clnlioriite work is to supply practical machinists anil cnKineers with a complete and easily- acccssilili treatise on ttie steam-ensine. Tlie laliour expended upon it is clearly very ceat. It is puliUshed under the liiyliest auspices, and cannot fail to become the standard authority on the subject j ixot a nvrely po]]ular produc- tion, but full, explicit, and scientific." — Railway Chiiomcle. STEEL'S SHIPMASTER'S ASSISTANT, And OWNER'S MANUAL; containing Information necessary for persons connected with Mercantile Affairs ; consisting of the Regulation Acts of the Customs for the United King- dom, and British Possessions abroad ; Navigation Laws ; Registry Acts ; Duties of Customs of the United Kingdom, the British Plantations in America, Canada, and Isle of Man, in the East Indies, Cape of Good Hope, New South Wales, and Van Dieman's Laud ; Smuggling Acts ; Pilotage throughout England and Scotland ; Insurances ; Commercial Treaties ; Dock Charges on Shipping, &r. An entirely New Edition, corrected and revised throughout, and brought down to the Present Time. 8vo. {Nearly ready, STEPHENS.-A MANUAL OF BRITISH COLEOPTERA ; or, BEETLES: containing a Description of all the Species of Beetles hitherto ascertained to inhabit Great Britain and Ireland, &c. With a Complete Index of the Genera. By J. F. Stephens, F.L.S. Author of " Illustrations of Entomology." Post 8vo. 14s. cloth. STR0NG.-6REECE AS A KINGDOM : A Statistical Description of that Country : its Laws, Commerce, Resources, Public Institutions, Army, Navy, &c.— from the arrival ot King Otho, in 1833, down to the present time. From Otticial Documents and Authentic Sources. By Frederick Strong, Esq. Consul at Athens for the Kingdoms of Bavaria and Hanover. 8vo ISs. cloth. SUMMERLY (MRS. FELIX).-THE MOTHER'S PRIMER: a Little Child's First steps in many ways. By Mrs. Felix Summerly. Fcp. i I vo. printed in colours, with a Frontispiece drawn on zinc by William Mulready, R.A. Is. sev ed. SUNDAY LIBRARY : Containing nearly One Hundred Sermons by the following eminent Divines. Wit' i Notes, &c. by the Rev. T. F. Dibdin, D.D. 6 vols. fcp. 8vo. with Six Portraits, 308. cloth. Archbp. Lawrence Seeker Ep. nioonifieUl (irav Ileb'er Hidiart Home lloreley Bp. Iluntingford Maltby Mant Newton I'orteus ,!. n. Sumner Van Mildert Dean Chandler Archdeacon Nares Professor AVhitc Pott Rev. Arch. Alison Ur. Blair C. Benson Chalmers Joshua (iilpin D'Oyly G. Il.iijifitt Robert Hall I'aley Tarr J. Hewlett Shuttleworth A. Irvine Uev W. Je .es fof Nayland) C. W. '.e I!as H. H. Milman R. Morehead Thomas RenncU J. H. Spry Svdney Smith Tiiomua I'ownson. [RALS ; 3UTHEY, Esq. and « MORALS. th. 'ith 23 beautifully- [IE, FUNC- hendina; the Com- et of s-lioeing and various Important OOiNER, M.R.V.C. [In October. { CHURCH, . 2 vols. fcp. 8vo. 3 CHURCH 3rig;inally designed ' the llcv. Henuy ^TION. :o. Is. each, sewed, several Woodcuts. 1 a complete :ind easily- :, It is pulilishfd uniler lnVTuly popular produc- connected with the United King- Duties of Customs sle of Man, in the Laud ; Smui^f^ling inl Treaties ; Dock throughout, and Nearly ready, >TERA ; rto ascertained to Ueuera. By J. F. cloth. ublic Institutions, !sent time. From Consul at Athens PRIMER : Fcp. live, printed s. sev ed. Wit' 1 Notes, &c. th. ^ Jr .es (of Nayland) . W. ',p Bas H. Mllman Morchcad hnmaii Kcnnc'U ,H. Spry idncy Smith lumaa lownson. SWAINSON.-A PRELIMINARY DISCOURSE ON THE STUDY OF NATURAL HISTORY. By W A Trkatiseon THE Natural History and Classification of Animals. By W. Swainson, Esq. Fcp. 8vo. 6s. Natural History and Classification OF Quadrupeds. By W. Swainson, Esq. Fcp. 8vo. with vignette title and 176 Wood- cuts, 6s. cloth. Natural History and Classification of Birds. By W. Swainson, Esq. 2 vols. fcp. 8vo. Vignette Titles and above 300 W'oodcuts 12s. cloth. History and Natural Arrangement of Insects. By W. Swainson, Esq., and W. E. Shuckard, Esq. Fcp. 8vo. with Vignette Title and Woodcuts, 6s. cloth. Animals IN Menageries. By W. Swainson, Esq. Fcp. 8vo. Vignette Title and numerous Woodcuts, 6s. cloth. Swainson, Esq. Fcp. 8vo. 6s. cloth. Natural Hi.^tory and Classification OF Fish, Amphibians, and Reptiles. By W. Swainson, Esq. 2 vols. fcp. 8vo. with numerous Woodcuts and Vignette Titles, 12s. cloth. Habits and Instincts of Animals. By W. Swainson, Esq. Fcp. 8vo. with Vignette and numerous Woodcuts, 6s. cloth. A Treatise on Malacology ; or, the Natu- ral ('lassiticatioii of Shells and Shelj-tish. By W. Swainson, Esq. Fcp.Svo. with Vignette Title and very numerous Illustrations on Wood, 6s. cloth. A Treatise on Taxidermy; with the Bio- graphy of Zoologists, and Notices of their Works. By W. Swainson, Esq. Fcp. 8vo. with vignette title, and Portrait of the Author, 6s. cloth. SWITZERLAND.-THE HISTORY OF SWITZERLAND. Fcp. 8vo. with Vignette Title, 6s. cloth. TATE.-HORATIUS RESTITUTUS; Or, the Books of Horace arranged in Chronological Order, according to the Scheme of Dr. Bentley, from the Text of Gesner, corrected and improved. With a Preliminary Dissertation, very much enlarged, on the Chronology of the Works, on the Localities, and on the Life anil Character of that Poet. By James Tate, M. A. Second Edition. To which is now added, an original Treatise on the Metres of Horace. 8vo. 128. cloth. "Mr. Tate'3 Iloratius Ui'stitutus should find a place in the library of the mature scholar, of the youthful student, and of the accomplished mn of the world."— Uuihterly Revikw. TATE.-THE CONTINUOUS HISTORY OF THE LIFE AND WRITINGS OF ST. PAUL, on the basis of the Acts ; with Intercalary Matter of Sacred Narrative, supplied from the Epistles, and elucidated in occasional Dissertations : with the Hor« Paulinae of Dr. Paley, in a more correct edition, subjoined. By James Tate, M.A. Canon Residentiary of St. Paul's. 8vo. with Map, 13s. cloth. TAYLER (REV. CHARLES B.)-MARGARET; Or, the Pearl. By the Rev. Charles B. Tayler, M.A. Rector of St. Peter's, Chester, Author of " May You Like It," " Records of a Good Man's Life," &c. Fcp. 8vo. 6s. cloth. TAYLER (REV. CHARLES B.)-LADY MARY; Or, Not of the World. By the Rev. Charles B. Tayler, Rector of St. Peter's, Cliester; Author of " Margaret, or the Pearl," &c. Fcp. 8vo, 6s. 6cl. cloth. "To readers oi'tlelicacy of feeling and purity of taste, it will prove an interesting and edifying volume. Mr. Taylor delineates with ability and fidelity the operation of Tuseyism on the mind and heart of an intelllf;(nt and amiahlc young female, and contrasts with it the nappy etfects of a knowledge — not raerrly intellectual hut t'xpiTirnental — of evangelical truth, to which she subsequently attained. The artifices by which the Tructarian party ensnare tlirir victims, and weave around them their web of falsehood, are also exhibited in a manner well adapted to operate a» a warning to those who may be exposed to such influence." — W.vtchman. TAYLER (REV. C. B.)-TRACTARIANISM NOT OF GOD: Sermons. By the Rev. C. B. Tayler, M.A. Rector of St. Peter's, and Evening Lecturer of St. Mary's, Chester ; Author of " Records of a Good Man's Life," &c. Fcp. 8vo. 6s. cloth. " A volume of sermons valuable for the sound scriptural doctrine propounded in them, apart from contruversy ; and doubly valuable as bearing stroni^ly on the controverted truths that Tractarinism seeks to undermine or to batter donn. The sermons referring to baptism are especially valuable." — Cuiiistias I.adv's Maqazi.NI:. TAYLER (REV. C. B.)-DORA MELDER; A Story of Alsace. By Meta Sander. A Translation. Edited by the Rev. C. B. Tayler, Author of " Records of a Good Man's Life," &c. Fcp. 8vo. with two Illustrations, 7s. cloth. TAYLOR.-THE STATESMAN. By Henry Taylor, Esq., Author of " Philip Van Artevelde." 12mo. 6s. 6d. boards. THACKER.-THE COURSER'S ANNUAL REMEMBRANCER, and STUD-BOOK ; being' an Alphabetical Return of the Running at all the Public Coursing Clubs in England, Ireland, and Scotland, for the Season 1841-42 ; with the Pedigrees (as fur as received) of the Dogs that won, and tlie Dogs that ran up second for each Prize ; also, a Return of all single Matches run at those Meetings ; with a Preliminary Essay on the Decision of Short Courses. By T. Th acker. 8vo. lOs. cloth. THACKER.-A POCKET COMPENDIUM OF COURSING RULES and BYE-LAWS, for Use in the Field. By Thomas Th acker. 12mo. Is. 6d. sewed. '■*'.■■■' ,■•';■•■(;, ■■■■i? :-;.>r ■1 . r ' [■■, if. ... »*■ \ ',;.''■ 30 CATALOGUE OF NKW V.OUKS T1IIRLWALL--TT1E IlISTOllY OF GHEECE. liv tlic \\\> I.oito I'.isiioi' of St. Davio's (tlic Kcv. Cimiioii 'riiiihv;i!l). A N'KW KiHTION, rcvix'il; \vitli Xoti's. Vol. 1, demy Hvo. with two .^J;ll)s, 1'.N. cloth. 'l"o he coin- plcti'd ill H voliniics. [Vol. 2 /.v in the pri-xs. " ,\ lii-Iniv III' (jirci I', wrltlfn "ilh prnromid ^iml ivill .liL'i'^li'il Iivnnin^', fii'i- I'lcmi .-ill |i:irty lii^i-. cm c uIi.I dii an I'Xti'ii'-iV"- ^r:ilr, ;ini| ^\ ill. no Mn:i II m^•;l^■^lI'' "f riitjiu^iii^lic line fV.r tin- 'uhjii-t ; fin:illy,iit ^o ii.ciilM.iti' ;i [iii.-r, ;i-< to {)(• iic hil-h- t.i !Ho>-t ^iu.!'*iit'-. 'fill- i'l:it>or:itc uork will Ion:: III' a-lunditMl o' r('lri''ij('{' ll< i h.ir.nti i i'.li( cxi'd- li'licii* ;in I" !'i- lociki-il I'or in I'l ihlilion, ~iiiiMl iuil; i.iMit, « i-c |ioiilir;il rrni:n k, :iih1 philo c |il.ii' |» i-i ii iiity; iitl'l till ri' .in- lliiouiiliout ii How ant I i;i:u <■ in Hit n mi.iim- ^^llil■ll nnkc tin- UMtliu,' |'1.m itur 'o :in r.n:;li~li nad-T. ''I'licri' can In- lilt !«' lion')!, consicli-riTm IIt i;.-ni'r!il -nlTiam uliii-h li i^ IiM-n :. i\('n in fa\ onr of the u< rk alike in V;ii;.'l:iini and ill 'Icrmanv, lliat no Inslorv of Giveti' now c■.\i^l^ in (Juinrin, or in .my l,ini;iiaL.-i,Kliiili i-.m lie loinpartil with Tliirlnall N.' — 1'.( l.Ki Tli Ili.vii w. *»* Also, an Kditioii in 8 vols. fcp. 8vo. with Vignette Titles, ,i2. 8s. cloth. TTTo:\rso:\'s seasons. Kditcii liy l!()i,To:s (Joiinky, ICsi). Illustnitcd with Seventy-seven Dcsiirns drawn o\i Wood, by the folic. wiiiir Meiiibcrb of the Ktcliiii;;- Club : — .1. n,ll,S,nl|.lor, J. ('. Hor !,■,, Frank Stnno, II. .!. Toivi-M'll.l , C. \V. CoMc, J. I'. Km;;!,!. C. Stonliouse, T. U t '..i,!.!-, .\.U.A. TliouiiisCrt.'swick, It. I{(il::r ',\i', .\.II..\. I'. 'rayliT, Enirrnved by M'hoiMiisi.ii iiiid iitlier eminent Knirvavers. Sqnare crown 8vo. One C.iineii; liouiul in nioriicco, in the best innniier, by TIjndiiv, 3("s. TIlOMSON.-TllE DOMESTIC MANAGEMENT OF Tih] SICK HOO.M, ncccHsiiry, ill Aid of .Mediciil Trcatnieiit, for the fJiire of Diseaseii. Jiy Anthony Todd Thom.so.n, M.O. V.Ly. ki-. »d l.dition. Tost Svn. .Us. fid. cloth. TIIOMSON.-AN EUniENTARY TREATISE ON ALGEURA, Tlii'dreticiil and Practical. By .Iamis Tuo.muox, LL.D. Professor of -Mutheinatits in the University of (il;i.-i'j:o\v. 12nio. ys. cloth. THOMSON (J()IIN).-TARLES OF INTEREST, At Three, Four, roiir-aiid-a-!Ialf, and I'ive perCent., from One I'ound to Ten Thousand, and from One to Three lliiiidred and ."-ixty-five Duvh, in a reo-ular proirressimi of siiii^le Day.s; with Interest at all the above Kates, from ( )iie to 'i'welve Months, and from ( )ne to Ten Years. Also,'iable.-i sliowinu' the Kxchan'jre on liills, or C'omniissinii on (;oods, &c. from One-eifrlith to l''ive per Cent. ; and Tables sliewiiiLf the Amount of any Salary, Income, Kxpense, \:c. by the Day, .Month, or \ ear. 'I'o which are iiielixi'd, aTable of Discount on liills at a certain num.. ber of Days or Months; and a Tabli- sbewiin; the exact Xiiinber of Days, from any l)av tiiroiiu'Iiont the Year, to tlie Hist of Deceiiiber, the usual iieriod to which Interest is calcu'hitetf. Jbort Account of the i'.iijiish Trjii'.lr.tions of the Jiilile, and of the Liliiri'y of the Church of Knuland ; and a .'•'(■liiitnial l'.\|)iisition of tlie 'Ihiity-niiie Arliclesof Keliuion. Hy (ji.oiuii-; To:mi.im:, D.I). K.K!s., J.oid ISishop of Win- r!i(>.-ler. Desi;;iied principally for the Cse cf Yiuini;- ."■'tudenls in: D viiiity. l-tth ICdilion. ^Vitll .Nililitional Xfitcs, and a Summary of Kcclt siaslicnl History. Pv IIk.miy .Stkbiu.xg, D.I)., Anthor of " .\ llittory of the U'lurch of Christ, tVoni the Confession of Aii,sburjr," S.C. &c. 2 vols. 8V0. 21s. cloth. TOMLINS.-A POPULAR LAAV HTCTIONARV; Familiarly explnininuj tl e Terms and Xalure of Kn'ilisli Law ; ;i(hi|)t:'.| to the rnmprehcnsion of person's not ediiciited for the leoal I'ldfe.i.sion, and alTcnlii'.!;' iiifniniiitiim peceliarly nsefiil to Ma^istriites, .Merchants, Pan.c'.iial Odiceis, and others. P.y Tiio.MAS Kdlynu To.mlin,--, Attorney and i-oiicitor. i thick Mil. oo.st mo. bss cloih. •,' rl.r \vl,.,l, v.oik lias 111 , n 11 vis,, 1 I,-.- a DarristiT. TOOKE.-A HISTORY OF PRICES ; ' \Vitli reference to the (,'aiises of t!ieir prl:ici|>al Variations, from 17'.)2 to the Present Time. rrecoded bva HUetciiof the History of the Cnrn Trade in the last Two Centuries. llyTHOiMAs Tooki;, Esi"i I'.H.ti. 2 vols. Svo. .L\. K's. cloth. (.1 Co.iliiiiintioii of Ihe Ahnve.) AX ACCOUXT of PRICES and of tiie State of tin' CIRCUL.STIOX in 18,18 and 18.39; with UemarksontheCorn Laws, and on iiroposed Altera '.ions in our iunkins' .System. Svo. 12s. cloth. TRANSACTIONS OF THE GEOLOGICAL SOCIETY OF EOXDOX. Second Series. Vol. 7, I'art I. -ito. with coloured .Maps, 4s. Od. ; Vol. 7, TRANSACTIONS OF THE ENTOYiOLOGICAL SOCIETY. 8vo. The last part published i.s i'art 1 of \ ol. I, 8vo. with Plates, (is. TRANSACIIONS OF THE ZOOLOGICAL SOCIETY OF LOXDOX. 4to, The last part published is L';irt 3, Vol. a, with Plates, I'Js. fid. coloured, and 12s. plain. TRANSACTIONS OF TilE INSTITUTION OF CIVIL Engineers, 4lo. Sol. II. willi Twciit\-llii. liiiely ci:;;ia\i il I'latr.i, 2Ss. cloth. Vol. III. with Xiueteen linely eiu,iavi'd I'lales, .i2. 12s. Od. cloth. lUvrill). A NHW loth. 'I'o \tv <:oin- : M' hi the prt'ttH* y hi:i--. CM ( u(( il iin iin inuli liiti' ;i I'lii-i', as t(i \< ( li,ir.ii-t( ti'.h(, cxcrl- pliic pi i>|.iruity ; an'l ui^li-h itadtT. 'riicre aliKi' in V.iiL'land and an Ik- L'(.ii)i]iiirt'd with . cloth. drawn o\\ Wood, Tou-nsrnd, ;i)ttlcr, A.U.A. ■ ITindav, ai's. Til i: SICK s. J$y AsTiioNV ALGEIVRA, utlieiiiaUcs in the 'on Tliousand, and )ii of siiiijlc Diiys; One to Ten Years. 10111 Onc-eijrlitli to ^lieiiso, X:c. by Wv at a certain niiin ■■ lys, from any l)av erest is calcuhited. A?s^ TIIEO- oly ."'rri'itun's; a lis (if tl'.e several Vaii-.!i:ti(tiis of the I'.Nliositioii of tlie rd ISislKip of \Vin- ty. 14th I'Mitiim. K.NUY St li I! 11 ISO, bn of Aii^sbnrjf," he f ntnprelieiision |] iM'ci'liaily useful IjLYNE ToMLlN.-, Ilie Present Time. pics. UyTHOMAs and 1839; with 1. 8vo. r2s. tiotli. ICIETY OF 4s. Od. ; Vol. 7, tlETY. ;IETY OE I'Js. Cd. coloured, IE CIVIL Ith. I'Kl\T!'.l) H»ll I.dNd.MAX, IlUdW.V, A\i> CO. 31 TllANS ACTIONS OE THE KOYAL IXSTErUTE OE nUTTTSll AKCM r!'i;i 'IS of 1.' INIM )\ : (•(iiisi.-liii'.'- (if a series of I'api rs on " Aiitiiiiiities," and '' Con- Rtriiction." lly II. Willi;:. M..\. I'.K.S. iVe. ; Aniliin-|. I'dyntcr; lleir llnlliiiMnn, of Man- over; '■ . •'irndav ; Mr. Hv.irclii iihre; llerr Iteutli. of Heriiii : .losepli ivirnte portion.'!, as follow : — TIIK HISTORY of the ANC;1,0-SA.\0\S; coniprisiiiir the History of I'.nil.aod from the l'',arlicvst I'criod te the XoriiKin Conipiesl. Cr'h Kciition. ;1 vols. Svo. -fl. is. iMinrds. TIIK lIlSTor.Y of H,\(il,ANI) during- the MIDDl.K ACiKS; eooiiii isiie,'- the K.-i^ns from William the ('oiii|iieidr to ihc .\cec .sion of Henry \'III., and a!--o tlie lll.-.tory of the Litera- ture, Ueli:;ii>i!, I'oetry, ami I'ricress of the lli'foniiatlou and of the Lan^;ua^e (iiirim; that period. ;id iMlitioii. .") vols S\(). .z. H, hoards. TIIK lll.~!T01'vY of the UI'.KiX of IIKNKY VIII. ; comi)ri.-iin!r the Polili-al ll^Jory of the cnmmenci inent of the l'Jii;li.-:h K't'ormatlon ; hein;; the I'irat i'art of the .Moileni liistoiy of I'-iiiiland. ;^d lOlltion. 2 vols. svo. "JCis. hoards. TIIK lll.-TORV of the IM'.KiXS of KI>nAUi) VI.. MAHY, nnd KldZAIUCTII ; lieiiii; the Second I'art of ihe Modeiii History of I'.imiand. .'id I'dilion. "J vols. svo. .'ii!s. hoards. TUllNKR (SilARON).-RlCIIARI) III.: A EOmf. Hy Sii.MtoN TruM.i;, Issq. l".S..\. and R. .'..;-. I- .\nthor of "Tie History of the .\nj!;lo- Siixoiis," "The Sacr.'d llistorv (.f the World," iVc. Krp. ,s,o. 7s. lid. clolli. TURNER.-TUH SACRED HISTORY OE THE WORLD, I'hllosopliically con.sidered. nySii.MtoN Tirnkh, K.S.A. R.A.S.L. New IMIt. 3 vis. Svo. +'2s.cl. Vol. 1 considers the (,'reation and System of t'le I'.arih, and of its Vejotable and Aniiinil Races and .Material l.aw.s, and rormation of .Maiikiml. Vol. 2, the Divine Ki (inomy in its special Relation to .Mankind, and in the Deliit^o, and the History of lliiman .\ll:.ii's ; Vol. ;i, tlie I'lovishms U.r t\u\ rerjiettintion and S!ii>))ort of the Human Race, the Divine System of our Social Cc.inbinntions, and the .SuDernatural llisti^rv of the World. TURNER.-A TREATISE ON TIIH EOOT OE THE HORSE, And a New System of Shoeing, by iine-sidediiallim;:; and mi the Nature, ()ri;;in, and Symptoms of the Navicular .Joint La^i.cni'ss, villi I'reveiilive and (-'urative Treatment. JJy Ja.mks TlJUNMt, .M.R.V.(;. Royal Svo 7s. Od. boards. TURTON'S (DR.) AIANEAL OE THE LAND AND FRESH- WATKR SIIKM.S of the MRiriSIl ISLANDS. A New Kditlon, thorouMrhly revised and with considerable Additions. My .Ioiin ICdwaiid (juav, Kee, cr of the Zonh,j;ical Collection iu the Rritish .Museum. I'ost svo. with Wooilcuts, and 12 (.'ohnired I'late.s 1,'>«. chilli. UNCLE PETER-UNCLE El'/rilR'S FAIRY TALES. The First Storv, coiitainiiiiir the llistorv anil Adventures of Little Ma''v, Cjneen of the irront Island of HrakaraUaUnk'i." I!y U.\CLi;'l-iai.ii, F.R.L. .M..M. T.T. F.A.s! KIM. X.Y.Z. &c. &c. URL-HDfcTIONARY OE ARTS, AIANUFACTURES, & AIINES ; (,'ontainiinf a clear Kxnosition of tiieir riincipl''.^ and Practice, liv Andiii.w Tuk, M.D. F.R.S. M!G.S. .M.A.S. Lond.; .M. Acad. N.L. Philad. ; S. I'h. Soc. \.'(ierm. Hanov. ; .Miilii. &c. &c. ;)d lulition, correcteil. Svo. illustrated with 124!) i:iij;ravini;a on Wood, .")()s. cloth. URE.-RECENT Dll'ROVE^lENTS IN ARTS, ALVNUEAC- TURKS, and .M INI'.S ; bejiiir theid Kditionof aSupiilcinent to the. 'id Kditioii of his Dietiunary. 15y AMiuiiw Uiii;, M.D. F.R.S. &c. Svo. with nnnieioiis wood Kn^'ravin;;s, Us, cloth. VON ORLICH (CArT.)-TRAVELS IN INDIA ; IncludinjiSclndeand the Pun jab, in U42ai.d lS4;i. Hy ('apt.Li.oi'oi.n \ii.; ( )i! i.icii. Traiis!at(>d from tlie(ieriiina, by H..Kv.'\.\s Li.oyd, F.s(|. 2 vols. vS\o. with coloured Frontispieces, and numerous lUustratioiiH on Wood, 2,'is. cloth. AVALKER (GEO.)-CIIESS STUDIES; Comprisiiia: One Thousand Gan es r I','-.:: .; ■'■.'^ : 4;- .yv; 32 CATALOGUE OF NEW WORKS PRINTED FOR LONGMAN AND CO. WARDLAW.-DISCOURSES ON THE PRINCIPAL POINTS OF THE SOCINIAN CONTROVERSY— the Unity of God, and the Trinity of Persons in the Godhead; theSuprenieDivinity of Jesus Christ; the Doctrine of the Atonement; the Christian Character, &c. Uy Ralph W'ardlaw, D.D. 5th Edition, 8vo. ISs. cloth. WATTS (A. A.)-LYRICS OF THE HEART, And other Poems. By Alauic A. Watts, llhistratcd by a Series of Enffravinps from the most celebrated works of modern Painters, executed in the most finished style of Art. Square crown 8vo. .HI. Is. ; proof impressions, jt3. 38. [In November. WEBSTER.-AN ENCYCLOPEDIA OF DOMESTIC ECONOMY; Coinprisinf!; such subjects as are most immediately connected with Housekeeping : as. The Construction of Domestic Edifices, with the modes of Warming, Ventilating, ancl Lifrhtinfr them— A description of the various articles of Furniture, with tlu; nature of their Materials- Duties of Servants— A general account of the Animal and Vegetable Substances used as Food, and the methods of preserving: and preparing them by Cooking— Making Dread— The t'liemical Nature and the Preparation of all kinds of Fermented Liquors used as Uevera^e — Materials employed in Dress and the Toilette— Business of the Laundry- Description of the various Wheel Carriages— Preservation of Health— Domestic Medicine, &c. &c. &c. By Thomas Webster, F.G.S. &c. ; assisted by the late Mrs. Parkes, Author of " Domestic Duties." 1 large vol. 8vo. illustrated with nearly 1000 Woodcuts, 508. cloth. WEIL (DR.)-THE BIBLE, THE KORAN, AND THE TALMUD; or, Biblical Legends of the Mahometans and Hebrews, from Arabic and Hebrew Sources. By Dr. WiiiL, of Heidelberg. Translated, with Notes, by the Rev. H. Douglas, A.M. Fcp. 8vo. [Juti ready. WELSFORD (HENRY).-ON THE ORIGIN AND RAMIFICA- TIONS OF THE ENGLISH LANGUAGE; preceded by an Inquiry into the Primitive Seats, Early Migrations, and Final Settlements, of the principal European Nations. By Henry Welsford. 8vo. 10s. 6d. cloth. WHITE'S COMPENDIUM OF THE VETERINARY ART; Containing Plain and Concise Observations on the Construction and Management of the Stable, &c. 17th Edition, entirely reconstructed, with considerable Additions and Altera- tions, bringing the work up to the present state of Veterinary Science. By W. C. Sfoonur, Veterinary Surgeon, &c. &c. 8vo. with coloured Plate, IBs. cloth. WHITE'S COMPENDIUM OF CATTLE MEDICINE; Or, Practical Observations on the Disorders of Cattle and other Domestic Animals, except the Horse. 6th Edition, re-arranged, with copious Additions and Notes, by W. C. Spooner, Vet. Surgeon, Author of a "Treatise on the Influenza," &c. 8vo. 9s. cloth. WIGAN (DR. A. L.)-THE DUALITY OF THE MIND, Proved by the Structure, Functions, and Diseases of the Brain, and by the Phenomena of Mental Derangement ; and shewn to be essential to Moral Responsibility. With an Appendix : —1. On the Influence of Religion on Insanity ; 2. Conjectures on the Nature of the Mental Operations ; 3. On the Management of Lunatic Asylums. By A. L. Wioan, M.D. 8vo. 12s. cl. WILBERFORCE (W.)-A PRACTICAL VIEW OF THE Pre- vailing RELIGIOUS SYSTEMS of PROFESSED CHRISTIANS, in the Higher and Middle Classes in this Country, contrasted with Real Christianity. By Wm. Wilberforce , Esq. M.P. for the county of York. 17th Edition. 8vo. 8s. boards. *»* Nineteenth Edition. 12mo. 4s. 6d. boards. WILKINSON.-THE ENGINES OF WAR, &c. Being a History of Ancient and Modern Projectile Instruments and Engines of Warfare and Sporting; including the Manufacture of Fire-Arms, the History and Manufacture of Gun- powder, of Swords, and of the cause of the Damascus Figure in Sword Blades, with some Observations of Bronze, &c. By H. Wilkinso.v, M.R.A.S. 8vo. 9s. cloth. WILLIS (N. P.)-DASHES AT LIFE WITH A FREE PENCIL. By N. P. Willis, Esq., Author of " Pencillings by the Way," " Inklings of Adventure," &c. 3 vols. ]M)st 8vo. 31s. 6d. boards. " An exceedingly amusing book,— dashed off with the freest of pencils."— Bell's Messenqeb. WILLOUGHBY (LADY).-A DIARY, Purporting to be by the LADY WILLOUGHBY, of the Reign oi' Charles I. ; embracing some Passages of her Domestic History from 1635 to 1648. 3d Edition. Square fcp.8vo. 8s. boards; or 188. bound in morocco by Hayday. *»* This volume is printed and bound in the style of the period to which The Diary refers. " The great charm of the book, which makes it almost impossible to lay it aside until wholly perused, is its beautiful simplicity, united to the most touching pathos, ever and anon relieved by little notices of i .usehold cares, and sweet pictures of domestic felicity." — Scotsman. ZUMPT (PROF.) -A GRAMMAR OF THE LATIN LANGUAGE. By C. G. ZuMPT, Ph. D. Professor in the University, and Member of the Royal Academy of Berlin. Translated from the Ninth Edition of the original, and adapted to the use of English Students, by Leonhard Schmitz, Ph. D. ; late of the University of Bonn ; with numerous additions and corrections by the Author. 8vo. 14s. cloth. " Thus, beyond all question, is the work of TIr. Schmiti henceforward the authorised version of Professor Zumpt's Grammar ; a book which deserves its great celebrity, and the high esteem in which it is held by the best scholars." KWMINEH. WlleUM AND UOILVY, SKINMEU 8TCELT, SNOWHILL , LONUUf. NGMAN AND CO. [NCIPAL POINTS the Trinity of Persons in the he Atonement ; the Christian ISs. cloth. ries of Enffravinffs from the finished style of Art. Square [In November. ESTIC ECONOMY; with Housekeeping : as, The , Ventilating, antl Lijfhtine; ; nature of their Materials— hie Substances used as Food, [aking- Bread— The Chemical sed as Ueveras:e— aiaterials Description of the various , &c. &c. &c. By Thomas tior of "Domestic Duties." fo THE TALMUD; irabic and Hebrew Sources. e Rev. H. Douglas, A.M. . ,,^ [Just ready. AND RAMIFICA- iiry into the Primitive Seats, )pean Nations. By Henry [NARY ART; n and Management of the able Additions and Altera- ence. By W. C. Spooneb, DICINE ; Domestic Animals, except Notes, by W. C. Spooneb. vo. 9s. cloth. HE MIND, and by the Phenomena of I ibihty. With an Appendix : the Nature of the Mental WIGAN.M.D. 8V0. 12s. cl. f OF THE PRE- ANS, in the Higher and By Wm. Wilbebforce , s. 1 Engmes of Warfare and and Manufacture of Gun- Sword Blades, with some . 98. cloth. FREE PENCIL. ' Inklmgs of Adventure," Ieu's Messenqeb. larles I. ; embracing some pare fcp. 8vo. 8s. boards; to which The Diary refers. iside until wholly perused, is its little notices of 1 .usehold cares, IN LANGUAGE. of the Royal Academy of pted to the use of English of Bonn ; with numerous .ed version of Professor Zumpt's t IS held by the best scholnrs." KWMIXE II.