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a n rm i Mm mmiimW r * f^' r^'i ) 0: - 1 HISTORY O P OREGON TERRITORY, IT BBINS A DEMONSTRATION OF THE TITLE OP TEIB3B UNITED STATES OF NORTH AMERICA TO THE SAME. SECOND EDITION. . \ ACCOMPANIED BY A MAP. BY THOMAS J. FARNHAM, Esti- If AOrnOR OP "travels I^f the OREAT \TE3TERN prairies, the AXAIlffAC, ANIl THE ROOKV MOUNTAINS, AND THE OREaON TERRITORY,' " x'RAVEM IN THE OALlFORiSIAS," AND " SCENES IN THB PACIFIC," BTC. KTO. 8T0. WILLIAM TAYLOR, No 2 ASTOR HOUSE. BOSTON : SAXTON & KELT. PHILADELPHIA ! ZEIBER & CO., AND COLON & ADRIANCE. BALTIMORE: SHURTZ A TAYLOR. WASHINGTON: TAYLOR &. CO. RICHMOND: IIALPIN !c KELLER. CHARLESTON: AMOS HPAD. CINCINNATI: ROBINSON & JONES. //V,5- 4 The following pages are devoted to an examination of the American Title to the Oregon Territory. The course taken in the investigation is that of giving a plain and intelligible history of the discovery and occupation of that country, and the right of sovereignty, which has arisen under these acts. The conclu- sions at which I have arrived are these : That we own Oregon by purchase from Spain, the sole discoverer and first occupant of its Coast ; by purchase from France, to whom England, by the Treaty of Versailles, relinquished her claim to it; and by our own discovery and prior occupancy of Columbia River. Throughout the work, incontrovertible Authorities are relied on for historical facts, and for the constructi(m given to the laws of nations. Out of her own mouth is Britain judged : and if this painphlct shall serve to convince my countrymen of the insolent selfishness of Great Britain— her grasping injustice, her destitu- tion of political honesty— and serve to show a necessity for the people to act for themselves, and to expect from the hands of their Government, at Washington, the maintenance of the rights and honor of their country ; the author will feel richly rewarded for whatever labor he has bestowed in collecting and arranging the evidence of their rights to tlie Oregon Territory— the whole of it, and nothing less ! THE AUTHOR. Entered according to Act of Congress, in the year 1844, BY. THOMAS J. FARNHAM. In the Clerk's Office of the District Court of the United States for the Southern District of New- York. ('•' ■: •-'•,:■ :/ ^.liW'te. 4 ■ „: > V ■' ;. ... ; ■ :i- ;■ ■ ->C;;i' ;< v HISTOEY OF OEEGON. CHAPTER I. OREGON DISCOVEHED BY SPAIN. FoRTV years after the discovery of the Western Continent, Hcrnan Corlez, the conqueror of Mexico, having explored tiie neighboring coun- tries, in search of rich nations to plunder, turned his attention to the north and northwest. At tlie commencement of the sixtcentli century, the most northern settlements of the Spaniards in North America, were Culiacan, a small establishment on the eastern side of the Gulf of Cali- fornia, in about twenty-five degrees north latitude, and Panuco, situated near the spot now occupied by Tampico, on the Mexican Gulf. Of this expedition, made under the direction and orders of Cortez, little authentic is known. In 1532, Diego Ilnrtado do Mendoza, a rela- tion of Cortez, sailed from Acapulco in a small ship, accompanied by Juan de Mazuela, in con.mand of another vessel. They proceeded along the southwest coast of Mexico, as far as the twenty-seventh degree of north latitude. Here a tempest separated them, and the vessel com- manded by Mendoza was lost. After the storm abated, Mazuela was obliged to return to the river Culiacan, where the greater part of his crew deserted. Those who remained endeavoring to bring the ship back to Acapulco, ran her ashore in the province of Jalisco. There the crew, e.\. cepting three, were murdered by the savages ; and subsequently the ves- sel was rifled by Nuno de Guzman, the chief of a band of adventurers, who pretended to be independent of Cortez. The next year, as no news of these vessels had reached Acapulco, Cortez sent out two others in the same direction, under Hernando do Grijalva and Diego de Becerra, who set sail from Tehuantepec in October, 1533. Grijalva, separating Irom his companions, sailed to the westward, and having discovered a group of small islands about one hundred and fifty miles from the main land, (now known as the Revillagigedo islands,) he returned to Mexico without making any further discovery. Becerra also DISCOVKRY OF OREGON. sailed to the westward from Tehuantepec — discovered land under the tropic of Cancer, and ancliored in a small bay, where his men, having ob. tained some valuable pearls, were desirous of remaining for a time. This, BecAra would not permit ; and while preparing to continue his voyage, a mutiny broke out and he was murdered. The pilot, Fortunio Ximones, then took command of the vessel. After the death of their commander, the mutineers landed, and began to erect habitations on the shore of the bay ; and while thus engaged, were surprised by the savages, and nearly all of them killed. The few who made their escape, succeeded in navi- gating the vessel to the port of Chiametla, on the coast of Jalisco, when* she was also seized by Nuno do Guzman. When Cortcz heard of these spoliations and seizures, he immediately instituted a suit against Guzman, in the royal court of Madrid, and ob- tained a decree in his favor. Guzman refused, however, to make any restitution ; and Cortez, collecting a body of troops, marched to Chia- metla, in order to recover his vessels, and reestablish his authority in that country. On his approach Guzman fled, and Cortez being joined by three vessels that had been sent pursuant to his orders, determined to proceed, in person, to the country discovered by Bccerra, in the west, which was said to be exceedingly rich in pearls and precious stones. Embarking with his forces therefore at Cheametla, he reached the bay where Becerra had been murdered on the third of May, and in honor of the day, which in the Roman calendar was the feast of the finding of the Holy Cross, he named the bay and the country Santa Cruz ; and ta- king possession of it in the name of Spain, he immediately commenced preparations ibr establishing a colony. On his return to Mexico, the following year, he learned that during his absence, he had been superseded in the government by Don Antonio do Mendoza. Still possessing the right, however, as admiral of the South Sea, to prepare and dispatch vessels on the Pacific, ho determined to en. gage in another expedition to the north, in hopes of retrieving his for- tunes. Therefore, recalling the colonists from Santa Cruz, he litted out three ships for the expedition, and gave the command of them to Fran- cisco de Ulloa. This expedition was the last made by the authority of Cortez. Ulloa left Acapulco in July, 1539, and after losing one of his ships in a storm, sailed with the others to the harbor of Santa Cruz ; having explored the Gulf of California, and sailed round Cape San Lucas, he proceeded on the western coast as far as latitude 30° north. In 1527, a band of Spanish adventurers, under Panfilo Navarez, landed in Florida, in search of gold or of rich nations to plunder. This party were soon nearly all destroyed by the savages ; the survivors, three Spaniards and a negro, after nine years' wanderings in the southern part of North America, reached Culiacan, near the Gulf of California, in 1536. The accounts they gave of rich nations, who, as they had been told by the savages, lived farther to the north, stimulated Mendoza, the d under the 1, having ob. time. This, his voyage, lio Ximones, connnundor, shore of the , and nearly ded in navi- lisco, when^ immediately rid, and ob- make any led to Chia- authority in being joined stermincd to in the west, 1 stones. jhed the bay in honor of e finding of uz ; and ta- commenced Lt during his Antonio de of the South Tiined to en- ing his for- he litted out 3m to Fran- authority of his ships ii ruz ; having n Lucas, he arez, landed This party 'ivors, three outhern part aiifornia, in )y had been lendoza, the DISCOVERY OF OREGON. succes!3or of Cortoz, to now oxertions. He, thcrefiire, sent two friar.Iootka. But ort of Nootka lid to Nootka, n, in his jour- is History of certain, from le whole terri- le coast were 1» The in progress, two or three expeditions were undertaken over land, object in view, was to advance the interest of the fur companies. Alexander Mackenzie, a Scotchman in the employ of the Northwest Fur Company, left their westernmost post, at Athabaska Lake, near the fifty-ninth parallel of north ' latitude, and about eight hundred miles be- vend Lake Superior. He proceeded in a boat down the Slave River, which runs out of the lake directly northward, and descended into the Great Slave Lake. Thence he continued northwestward down another, and much larger stream, to which he gave his own name, and followed it to its termination in a sea, 69° north latitude. He then returned to Fort Chippewyan, the establishment on Athabaska Lake. In October, 1793, Mackenzie ascended the Peace River, a stream emp- tying into the Lake-of-the-Hills, or Athabaska Lake, as it is most gener- ally called, and followed it to its sources among the Rocky Mountams. Crossing the mountains, he embarked upon another large stream, called the Tacootchce, which he descended a short distance, and then makmg directly westward, reached the Pacific, July 22nd, 1793, in latitude 52° •.W north. , o • For nearly twenty years after the declaration of war by bpam agamst (Jreat Britain, in 1790, no event of any importance took place, in regard to the settlement or occupation of the Territory of Oregon. In 1803, January 18th, President Jefferson sent a confidential message to Congress, recommending the examination of the northwestern part of America. An undertaking, known as the expedition of Lewis and Clarke, was the result. Tiicse officers were instructed to explore the River Missouri and Us principal branches to their sources, and then to trace to its termination, in the Pacific, some stream, the Columbia, Oregon, Colorado; or any other which mlHit offer a practical water communication across the Contment. In accordance with their instructions, Lewis and Clarke set out on the expedition the 14th of May, 1804. In the summer of 1805, they crossed the Rocky Mountains. On the 15th of November, the party under their command landed at Cape Disappointment, having passed down the Lewjs to its junction with the Columbia, and thence down the Columbia to the ocean. The winter of 180i>-« was spent at Fort Clatsop, on the south side of the Columbia. This was the first party of whites that ever trav- ersed the Oregon Territory ; nor did a British subject ever visit any part of the country drained by the Columbia, untit the summer of 1811. In the spring of 1806, Mr. Simon Frazer and other persons in the employ, incnt of the Northwest Company, established tiie first British trading post on the west side of the Rocky Mountains, near the 54th parallel of north latitude, on the border of a sheet of water now called Frazer's Lake. In 1808, the Missouri Fur Company, formed at St. Louis, established a trading post on the Lewis River, the southern branch of the Columbia. In 1810, the Pacific Fur Company, under the direction of its originator, Mr. Astor, determined to make a settlement on the coast. On the 23rd of March, 1811, the ship Tonquin, belonging to the company, arrived at the 20 DISCOVERY OF OREGON. mouth of the Columbia. After landing the goods and paaaengors, a «te was selected about eight miles up the river, and was named in honor of th'o projector, Astoria. About four months afterward, a number of persons, under the direction of Mr. Thompson, the astronomer of the Northwest Company, arrived at the mouth of the Columbia, intending to take posses- sion ; but they found it occupied by the Pacific Fur Company. During. the summer' of this year, several trading p<»ts were established by the company in the interior, the principal one at the confluence of the Okana- gan with the Columbia, about four hundred miles from Astoria. Imme- diately after the news of the declaration of war had reached Astoria, th» partners of the company who were at the post, having ascertained that a large armed ship, accompanied by a frigate, were on their way to take and destroy everything in that quarter, agreed to sell all their property, furs, establishments, etc., to the Northwest Company. During the progress of the negotiation, the British sloop-of-war Racoon, entered the Columbia. The captain of the Racoon took possession of Astoria, low- ered the American flag, which was flying at the factory, hoisted that of Britain, and changed the name of the factory to Fort George. According to the first article of the Treaty of Ghent, on the 6th of October, 1818, Captain Hicky of the Brit''«-h frigate Blossom, and James Keith, the super- intendent for the Northv dt Company at Fort George, surrendered to Mr. J. B. Prevost, the commissioner on the part of the United States, the settlement of Fort George or Astoria. The following is a copy of the act of delivery : " In obedience to the commands of his royal highness, the Prince Regent, signified in a dispatch from the right honorable the Earl Ba- thurst, addressed to the partners or agents of the Northwest Company, bearing date the 27th January, 1818, and in obedience to a subsequent order, dated the 26th of July, from W. H. Sheriff, Esq., captain of his majesty's ship Andromache, we, the undersigned do, in conformity to the first article of the Treaty of Ghent, restore to the Government of the United States, through its agent, J. B. Prevost, Esq., the settlement of Fort George on the Columbia River. Given under our hands in triplicate at Fort George, Columbia River, this 6lh day of October. « F. HiCKY, Captain of his majesty's ship Blossom, " J.' Kbith, Agent of the Northwest Company." The acceptance is as follows : "I do hereby acknowledge to have received, in behalf of the Govern- ment of the United States, the possession of the settlement designated above, in conformity to the first article of the Treaty of Ghent. Given under my hand in triplicate, at Fort George, Columbia River, this 6th day of October, 1818. .,„.,„ •• , «« J. B. Prevost, Agent of the United Statet." DISCOVERY OF OREGON. a* ;ers, a fiite n honor of of persons, Northwest ike posses- During bed by the the Okana- a. Imme- ^storia, th<» ined that a ray to take r property, )uring the entered the itoria, low. jted that of According )ber, 1818, , the super- endered to States, the the Prinoc ) Earl Ba- Company, subsequent tain of his mity to the 'the United nt of Fort riplicate at Blossom, iny." he Govern- designated nt. Given rer, this 6th 1 Statea." . By the same Treaty of Ghent it was also agreed, that the parties thereto fihall have, for a limited time, equal rights of trade and of settlement in Oregon ; and that such occupancy as shall accrue therefrom, shall in nowise affect the final settlement of the title to the sovereignty of the Ter- ritory, etc. This agreement has been renewed, from time to time, since Ihat date — a tenancy in comnion, subject to be determined on twelve months notice from either party. The question of title is there- fore an open one. It reverts back upon the questions of prior discovery and occupancy, treaties and the laws of nations, which we shall now proceed to consider. The Spanish discoveries and occupancy, we have already cursorily con- sidered. The British explorations of the coast, also, have been noticed whenever anything was accomplished on which that nation has relied to support her pretensions to the Oregon Territory. And, with this outline of history before us, we will proceed to make use of it, and such other matters as may properly belong to the question before us, viz : Who owns Oregon Territory ? ■. h ■: ■■■)■!-■ . f. :-■,: , ..• -J. ■ }y.- ».M' H . ' .' , ri ,; , ,*,, ■_AJ>: ,■ CI f<. 11,1 '. • J I i CHAPTER II. " ■ OREGON DOES NOT BBIONO TO ORBAT BRITAIN. All British writers upon the subject of the Oregon Territory, assert, very complacently, that the right of prior discovery belongs exclusively to them. " In 1557," says one writer, " Admiral Drake discovered the country, and pushed his discoveries to the 47th degree of north latitude ; taking possession of the country along his route in the name of the British sovereign." That assertion, of course, occupies the whole ground. An- other one says : " He (Drake) sailed from 38° to 48°, assuming the title to the country by virtue of a cession of one of the chiefs." Now, we as- sert boldly and fearlessly, that no direct evidence can be produced giving Britain the least title to the right of sovereignty ; nor, judging from the account of that part of the voyage relating to Northwest America, do we think Francis Drake suw the Oregon at all. The following brief sketch, taken from Hakluyt's Collection of Voyages, is all that is neces- sary to a full understanding of the case : " The first British vessel that visited the western coast of North Amer- ica, was the Pelican, commanded by Sir Francis Drake. He sailed from Plymouth, England, in 1577, with five vessels: — the Pelican, of one hun- dred tons ; the Elizabeth, of eighty tons : the Swan, of fifty tons ; the Marygold, of thirty tons ; and the Christopher, of fifteen tons ; carrying, in all, one hundred and sixty-seven men." The fleet was ostensibly bound on a voyage to Egypt. But, to use the words of the English writer, " it was indeed one of the most extraordinary expeditions ever equipped." It was, in reality, a piratical expedition against the subjects of Spain on the American Continent. The intention was to plunder the Spaniard, explore unknown regions, and circumnavigate the globe. After drifting about the Atlantic for some time, engaged in piracies of a most daring character, Drake put into a harbor on the coast of Patagonia, to refit his ships, preparatory to his passage through the stormy Straits of Magellan. Three of his ships only reached the Pacific, and these soon afterward were dispersed in a dreadful gale, and all lost, except the Pelican and sixty men. With this craft, Drake sailed up the western coast of America ; and, as the Span- iards were unprepared to resist him, either by land or sea, he plundered their towns and ships with little difficulty. In the spring of 1579, after sacking the town of Guatulco, he determined to return to England. Being fearful of meeting some Spanish vessels if he should return through the Straits of Magellan, he concluded to cross the Pacific and double the Cape ritory, assert, I exclusively iscovered the trth latitude ; of the British [round. An- iiiiig the title Now, we as- )duced giving ing from the America, do lowing brief that is neces- North Amer- e sailed from 1, of one hun- (ly tons ; the is; carrying, ensibly bound ih writer, " it luipped." It Spain on the niard, explore iing about the iracter, Drake , preparatory ie of his ships dispersed in a n. With this , as the Span- he plundered )f 1579, after igland. Being n through the uble the Cape DRITISH CLAIM TO (IREC.ON. M of Good IIopo. IIo left Guatulco, therefore, on the Iflth of April, and ■ailing to the northward, Ih reported to have readied the 42nd parallel of latitude on the 26th of June, when the violence of tlie northwest winds drove him on the Californian coast, where ho is said to have anchored. Findinir his berth insecure, it in pretended that he proceeded south to the Bay oi^nodofra, or its vicinity, in latitude 39°, where lie remained from the 17th Juno to tlie 23rd .Tuly, repairing his vessel and examining the surround- ing country. The natives, who are alleged to have come in crowils to >,ce the vessel, .it first exhibited a hostile attitu crown nf ffutlicrs," a marvellous long ciiain, and some otiier insignia of savage niyivlty In ine words of Ilakluyt, " he did not think meet to reject, as he did") ot know wliat iionor or profit it miglit be to his country." He gave the name of Now Albion to his newly acquired territory. Thus runs the tale of this fictitious discovery. It is stated that Drake left the coast on the 23rd July, touclied at tlie Philippine Islands on tlie notii Septem- ber, 1570, and arrived in England on the 2.')th September, ir>80. There are two narrratives of the expedition of Drake to the nortliwcst coast of America. 1st. " The Famous Voyage of Sir Francis Drake into the South Sea, and then, hence, about the whole globe of the earth ; be- gun in the year of our Lord 1577 ;" published in London by Ilakluyt, Ui 1589.* 2nd. " The World Encompassed by Sir Francis Drake, collected out of the notes of Mr. Francis Fletcher, Preacher in this employment ; and compared with divers others' notes that went in tlie same voyage." "in 'the first accounts, published in England, of this expedition, the 4:3rd degree of north latitude is named as the farthest degree north that was reached by Drake. On the title page of Hakluyt's work, and in his ac- count page 523, vol iii., this is distinctly set forth. Purohas, in his « Pil- grims " also mentions the 43rd degree as the northerly limit of his dis- coverics. Subsequently, however, English historians mention the 48th de- cree.! The reason is obvious— the closing paragraph of the account of the ^ Famous Voyage," given by Hakluyt, is a full explanation. After nar- ratintr the circumstances of the visit of Drake to New Albion, and of his ac- cepta°ncc of the sovereignty, he says : " It seemeth that the Spaniards had never been in this part of the coast ; neither did they ever discover the land bv many degrees to the southward of this place." The discoveries of Ca- brillo and Ferrelo had been kept a secret, by the Spaniards, so that they were not known in England, until after Hakluyt had published his work in 1589 ; and the 43rd degree north, was supposed to be far enough to give • ii»kli„t'. roUecUon, vol. Ui.. page 583. t Cbome'i CollMtion of Voyngw, toI. ii., page «4. t^Jot^^Uan ."caption. In^hSTuft of SUPmncU D™ke. .h. 43«1 deg«» i. «.un.«d « U« uh.- tAtum of luB northing. 24 BRITISH CLAIM TO OREGON. 11 tho Knglish some litlo to territory in Northwest America. When, how- ever, it became known that tho Spaniards had pushed their discoveries to tho 44th degree, EnglJHh historians and compilers inserted forty-eight do> grccs instead of forty-three. Admiral Sir William Manson, in his " Na- val Tracts," published in 1719, remarks : " Drake, aftci- soiling from the 16th of April to the Sth of June, arrived in 48° north ; and seeing land, ho named it New Albion." And ho further states, " that tho inhabitants were living there in great extremity oi cold and want." We will now give the following extracts, from these P^ngli-sh authors, relative to these discoveries ; and, after making a few comments, leave it to tho reader to judge what claims tlio English have to Oregon Territory, from this piratical expedition of Sir Francis Drake. From vol. iii., page 523, Hakluyt's English Navigator, we have tho fol- lowing paragra|>h : " The 5th day of June, being in 43° of tho pole Arctic, being speedily come out of the extreme heat, we found the air so cold that our men, being pinched with tho same, complained of the extremity thereof; and the fur. ther wo went, the more the cold increased upon us. Wherefore, for that time, we thought it best to seek the land, and did .so, fmding it not maun- tainous, but low, plain land ; and wo drew back again, without landingi till wo camo within 38° toward the line, in which height it pleased God to send us into a fair and good bay, with a good wind to enter the same. In this bay we anchored on the 17lh of June." The following extract is from Purchas's Pilgrimage, book 2nd, page 52. " The fifth day of June, being in three-and-orty degrees toward the pole Artie, we found the air so cold that our men, being grievously pinched with the same, complained of tho extremity thereof; and the further we went the more tho cold increased upon us. Wherefore, v.o thought it best, for that time, to seek the land, and did so, finding it not mountainous, but low, plain land, till we came within eight-and-thirty degrees toward the line, in which height it pleased God to send us into a fair and good bay, with a good wind to enter the same." The following extracts are from tho " World Encompassed :" "From Guatulco we departed, April 15, setting our course directly into the sea ; whereupon we sailed five hundred leagues in longitude to get a wind, and, between that and the 3rd of June, one thousand four hundred leagues in all, till we came into the latitude of 42° north ; where, in the night following, we found such an alteration of the heat into extreme and nipping cold, that our men, in general, did grievously complain thereof. •** It came to that extremity that, in sailing but two degrees farther to the northward in our course. • ♦ ♦ ♦ Our meat, as soon as it was removed from the fire, would presently, in a manner, be frozen up ; and our ropes and tackling, in a few days were grown to that stiflTness, that what three men before were able to perform, now six men, with their best strength •nd utmost endeavor, were hardly able to accomplish. ♦ * * • The land, --irtis.'rirc'.jpHri-r^* srts^-.Aram: nillTISII CLAIM TO OREGON. !I5 Whon, how. (liHcnvorics to 'oTly■c\(^h\. do- , in his " Na. ling from the 1 Mci!ing land, inhabitants ;lish authors, icnts, leave it on Territory, have the ful* sing speedily ijr men, being and the fur> ifore, for that [ it not moun> liout landing* leased God to he same. In 2nd, page 52. s toward the 3usly pinched \e further we Vii thought It mountainous, !grccs toward fair and good d:" ! directly into itude to get a four hundred where, in the extreme and plain thereof. 3es farther to was removed ind our ropes Eit what three best strength « The land) in that i>art of America, bearing farther out into the west than wo before Imagined, wo were nearer on it than we wore aware, and yot, tlio nearer still we camn unto it, the more oxtromity of cold diil seize upon us. The 5th (loy of June, we were forced by contrary winds to run in with lUo shore, which wo then first descried, and to cast anchor in a buil bay, iho best road we could at pn>senl innot with ; where wo wore not without some (lunger, !)y reason of the many gusts and fl:iws that bciat upon us, •♦* ♦ In this place wus no abiding lor us, and to go farther norlli, tin extremity of the cold would not permit us ; and the winds directly boa against us, having onuc gotten us under sail again, commanded us to tai soulhwunl, wheth.-r \vr. would or no. Kroin the height of 4H° in which wi now were, to '.\H°, we found the land, hy rodslint; ahmfi it, to be low am reasonably plain, every hill, whereof we mw many, hut nonk veiiv iiioh. though it were in June, and the sun in his nearest approach unto thorn, being covered with snow. In 'M" 30', we fell in with a convenient and fit harbor ; and, June I7th, camn to anchor therein, wliero wo coiitiiuiod till the '2;}rd of July; during all which time, nolwith.itandinft it. was the height of summer, and so near the sun, yet we were constantly visited with like nipping cold as we had fell hforr ; neither eould we, at any time in the whole fourteen d'lys together, find the air so clear as to be able to take the height of sun or star. * » * * How unhandsome and deformed appeared the face of the earth itself, showing trees without leaves, and the ground without 'greenness, in those months of June and July. **** For the causes of this extremity of cold,**** the chiofcst wo conceive to bo the largo spread, ing of the Asian and American continents, which commences northward of these pai-ls, if they bo not fully joined, yot seem to come very near each other ; from whose high und snow-covered mountains, the north and northwest winds, the constant visitors of these coasts, send abroad their frozen nymphs. * * * * And that the north and northwest winds are here constant in June and J ;ly, as the north wind alone is in August and September, we not only Ibund it by our own experience, but were fully confirmed in the opinion thereof by the continued observations of the Spaniards. * * * * Though we searched the coast diligently, oven unto the 48th degree, yet found we not the land to trend as much as one point, in any place, toward the cast, but rather, running on continually north- west, as if it went directly to meet with Asia." Above, we have given the English authorities upon which Great Britain claims the Oregon Territory by right of prior discovery. The part of the coast said to have been seen by Drake, is from 38° to 48° north. The sea- son of the year when this was seen, was the summer solstice ; the face of the country was low and reasonably plain ; and the climate was pinching cold ; the hills, and there were very many, though none very high, were oov,. ' with snow. Now, if Great Britain can find on the northwest coast of North Amer- ica, between the parallels of latitude claimed by the United States, a country with such a climate and such a shaped coast, or such a tempera- WS.^Mi^^S^^'^'-^^ • ■ 26 BRITISH CLAIM TO OREGON. ture, or any such snow-ciad hills — ^not very high recollect, and the weather too, pinching cold in July — why then to that country we will relinquish all claim, forthwith. The latitude of the mouth of the Columbia river is 46° north, and the temperature is as mild as in the latitude of New-Or- leans, on the eastern side of the Continent, or as mild as Boi 'oaux in France. Grass grows luxuriantly in Oregon during all the winter months, even as far north as Drake is said to have sai. d ; and as for the bay at latitude 38° north, in which they remained from the 17th of June to the 23rd of July, •' in the height of summer, and so near the sun," and yet were constantly visited whh nipping colds, and where the face of the eartli was so deformed and unhandsome, and the ground was without greenness and the trees without leaves ; — why, in that latitude nipping colds are unknown ; the trees arc studded with perpetual foliage ; the ground is one eternal green carpet, and snow lias never been seen on its plains or hills. It is the land of the olive and the grape ; the tropical fruits are indigenous there ; and as for pinching cold, or frosty weather, or leafless trees, or snowy hills, they are alike unknown and unheard of in that region. So much for the climate of the country Drake i& pretended to have discovered. Now with regard to the face of the country. " From the height of 48° north," the highest point said to have been reached, " to 38°, the land was low and reasonably plain." The fact is otherwise. The coast of Ore- gon Territory from Cape Mendocino to the Straits of Fuca, is an over- hanging wall of roi gh basaltic mountains, broken only at a few points by narrow gapes, the gates of the Columbia and other streams that fall into the Pacific Ocean. " Between these latitudes (38° and 48° north,) we found the land not to trend so much as one point in any place toward the east, but ratner running continually northwest, as if it went directly to meet Asia." This description of the shape of the coast of Oregon between the latitudes of 38° and 48° does not at all correspond with the fact. From latitude 38° to 40° north, it runs northwesterly, and then for about 6° bears generally a few points eastwardly, and then runs a degree or two almost due north — thence a few points northwesterly, and then trends eastwardly toward the entrance of the Straits of Fuca. It will be per- ceived, therefore, that if we should condescend to allow Drake to have seen the coast of Northwest America between 38° and 48°, his de- scription of the shape of that part of it would cast our condescension back upon us as a most ridiculous absurdity. In truth, that old chief of the Bucaneers probably manufactured this tale to delude his sovereign ; and he succeeded but too well in his design. He was knighted ; and his fable obtained such credence at the time, that his remains — stars, garters, and falsehoods, are exhumed now to testify against the right of America to the Oregon Territory. We have observed before in this notice of Drake's voyage, that owing to the silence of the Spaniards with regard to their discoveries and explo- rations on the northwest coast, it was not known in England for some years after Drake arrived in London, that Cabrello and Ferrelo had pro g'i »i '!W - «rri a"i » .fi^V'l >w > wr - ' i wff j ?-=-*fO» 3t, and the weather we will relinquish Columbia river is titude of New-Or- 1 as Boi 'oaux in the winter months, as for the bay at 7th of June to the the sun," and yet le face of the eartli without p;reenness nipping colds are ; the ground is one its plains or hills, lits are indigenous r leafless trees, or 1 that region. So have discovered, the height of 48° > 38°, the land was Che coast of Ore- Fuca, is an over- at a few points by Esams that fall into md 48° north,) we r place toward the t went directly to of Oregon between th the fact. From then for about 6° ns a degree or two , and then trends a. It will be per- w Drake to have and 48°, his de- ondescension back it old chief of the lis sovereign ; and ited ; and his fable ■stars, garters, and t of America to the royage, that owing soveries and e^plo- England for some d Ferrelo had pro BRITISH CLAIM TO OREGON. 27 ceedcd as far horth as the 44th degree. It was necessary therefore, m the editions published afterward, to make the old sloop of Drake s sail a little faster, so as lo proceed a little farther north in the given time. Dates belon- . 83 BRITISH CLAIM TO OREGON. while lying at Nootka ; and when Martinez, after having held possession of the Iphigenia, released her in May, 1789, she hoisted the Portuguese 'jlag, while she remained in Friendly Cove, and left the sound, as the Felice had done before her, to all intents and purposes a Portuguese ship. Suppose, for the sake of argument, that Mearcs had bought Nootka Sound for a few sheets of copper ; suppose he had taken possession of the coast on the Straits of Fuca ; by what authority could England claim right of sovereignty in virtue of such acts ? Suppose some merchants in London had fitted out a small fleet, under the command of English subjects, reg- istered as English vessels, paying duties and port charges as English ves- sels, with instructions in the English language, and the vessels entered as the property of well-known English merchants ; suppose that the ob- ject was to prosecute a new and lucrative branch of trade, and the trading operations to be conducted strictly in accordance with instructions given by their English proprietors, and all intrusted, to a Frenchman, and he, on arriving at his destination — a country discovered and partly occupied by another power — should hoist the French flag and take possession of the country in the name of the king of France ; — docs any one believe, for a moment, that the right of sovereignty could be thus acquired for the king of France? Yet this is precisely the case with Meares. lie was a Brit- ish subject, and might have an undoubted right to any property he could, in his individual capacity, acquire by purchase or barter, no matter what flag he was sailing under ; and should that property be forcibly taken from him by a national vessel bearing another flag, he could memorialize his own Government, to obtain a proper indemnity for his losses. But the right of sovereignty, according to the laws of nations, he could not acquire for himself or his prince, while sailing under another flag, and under instructions to capture the ships and subjects of his sovereign. In fact, the expedition was a Portuguese, not an English one, and whatever might have been accomplished in the way of discovery or of occupancy, must have been under the protection, and for the benefit, of the nation to which the vessels belonged, according to the evidence of her papers, her clear- ance, her instructions, the recorded ownership, etc. This is interna- tional law — such as would be in all cases enforced by England. Vattel, (page 99.) expressly says : " Navigators on voyages qfdisconery 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 their nation ; and this title has been usually respected, provided it was soonfoL lowed by a real possession." Now we contend that Meares had not a com- mission from ftis sovereign, that he was not on a voyage o{ discovery — that from the day the vessels left Macao, bound on the expedition ofwhich he seems to have had the charge, the vessels, and of course the officers and crew, were under the Portuguese flag ; that Meares did not purchase a tract of land, and that he erected no other building save a hut, built for the accommodation of the workmen while the vessels lay at Nootka. We contend, that in 17S9, when the Spanish took possession of Nootka, they — ^' JM »t T H r .i 'ff*^ : 'T«f r? m* - n t>^^^^! i ww^^i^ ^rw^^^^aw^ » ^l w^ l W l « ^l M^il ^ »J^*. -:w^!g^. BRITISH CLAIM TO OREGON. 3S 1(1 possession le Portuguese toiind, as the tuguese ship. loolka Sound of the coast laim right of its in London subjects, reg- English ves- ssels entered that the ob- d the trading Lictions given nan, and he, rtly occupied session of the believe, for a I for the king e was a Brit- rty he could, matter what jrcibly taken memorialize ses. But the d not acquire », and under gn. In fact, latever might jpancy, must tion to which rs, her clear- s is interna- and. s ofdiscorfery inds or other lame of their was soonfoU d NOT A COM- scovery — that 1 of which he e officers and )t purchase a hut, built for Nootka. We Nootka, they were thn first to occupy the island, and that whon in 1795 the Spaniards abandoned Nootka, they lost not tlioir riirlit to the sovereignty of Oregon Territory, for this reason, among many others equally cogent : — tiiat Eng- land has never since that date occupied it, in such manner as to acquire title as against Spain or us. By Drake's ami Meares's operations then, England "can claim no right of sovereignty over Oregon ; and we have shown that tlie English, prior to the treaty of 1790, had no right of sove- reignty to any portion of that territory. It is therefore very certain, that they have, at* this day, such riglits and privileges only as they derived from the third and fifth articles of the treaty aforesaid ; by which the subjects of (ireat Britain were permitted to navigate, and fish in the North Pacific ; to trade or settle for purposes of trade, in unoccupied parts of the western American coasts, north of the parts occupied by the Span- iards before April, 1789 ; and to have free access to any Spanish settle- ments on the parts thus designated. We have thus far given an account, taken of course from British au- thorities, of the voyages of Sir F. Drake and of John Meares. The right of sovereignty over the Oregon has been claimed by Great Britain, on the grounds following : 1st. From, discovery by Drake, 2nd. Prior occupation by Meares. Drake, when he sailed from England, sailed un- der the British flag ; and it was given out that his little fleet was bound to Egypt. From his own account, it appears, however, that he had heard that many of the Spanish settlements on tlie western coast of South Ame- rica were so poorly manned, that they would fall an easy prey to an un- expected invader. Spain and England were at this time at peace, and if Drake had fallen into the hands of the Spaniards, he would undoubtedly have been condemned and executed as a pirate, as his mate afterward was, and could have claimed no protection from the English government. That he did seize upon their vessels, and rob and ■pillage their settlements, there is no question. He was a pirate and an outlaw ; and if he had, by the accounts left us of his voyages, given such a description of the coast and of the climate, as would satisfy the world that he did discover any portion of the Oregon Territory, his prior piratical acts would have been an eifectual bar against the English claims derived from such acts. From the before-mentioned facts, it must have been noticed, however, that he did not accurately describe any part of the coast, and that the descrip- tion he gave, would only apply to the polar region, which he had not time to reach, and not to the sunny shores of Oregon. We are an- ticipated on this point by the British Foreign Review for 1844. The writer observes : " Although England has disputed the claims of Spain to the Northwest Territory, we really cannot find any ground for attributing the discovery to Sir Francis Drake." The same writer further observes : " It is now too late to inquire, whether Captain Meares and his companions were justified in establishing themselves upon a territory, to tlie coloniza- tion of which Spain may have had the prior right by discovery. The British government demanded and received satisfaction from Spain, for *>* i 13 If" fi 34 BRITISH CLAIM TO OREGON. the Bciziiro complained of, and the quarrel was terminated by a treaty." We beg leave to diHor from the writer, and to say that it is not too late to inquire" whether England had any right to the territory prior to the treaty ; for if she had not then the right, she has none now ; for surely the treaty conferred none which can avail as against our pretensions. We claim the sovereignty over tho Territory of Oregon, from latitude Vi" north to latitude 54° 40' north. Ai-.d we shall see, as wo advance with this discussion, on what this claim is based. Having ascertained that the claim of prior discovery by Sir Francis Drake cannot i)c substantiated ; that there is no proof, save in the asser- tion of Meares, that he could, or did acquire for Britain any right by occu- pation ; and that the evidence even from his own journal, is on that point conclusive against him, the British government have shifted their ground, and now declare as follows : Since 1790, England has not claimed any exclusive right of sovereignty over the territory in question ; neither does she now claim any exclusive sovereignty from the 42nd to the 49th degree of north latitude. She claims the right of joint occupancy in common with other States, leaving the right of exclusive sovereignty in abeyance, «' for," say the British commissioners, " valuable British interests have grown up in those countries since 1790. To those interests Great Britain owes protection, and that protection will be given, both as regards settle- ment, and freedom of trade and naviiration. All the title that the United States could derive from Spain, amounts to nothing more than the rights secured to her (Spain) in common with Great Britain, by the convention of 1790." The discoveries then of Alarcon, in 1.540, of Coronado the same year, of Cabrillo in 1.M3, of Ferrelo in ir,44, of Aguilar in 1603, of Perez and Martinez in 1774, of Quadra in 1775, the explorations of the islands and main coast between Vancouver's island and latitude 56° north, all these can give no right of sovereignty to Spain, or if they did, she lost all that right by the treaty of the Escurial ! Wo shall go at length into this treaty of the Escurial, We shall at- tempt to show what were the complaints, demands, and claims of Great Britain ; what were the concessions of Spain ; what the object and inten- tions of the treaty ; and more than all these, what were the opinions of those wlio made the treaty, as to what rights, privileges, and advantages, Great Britain obtained by it. Let the reader bear in mind, while peru- sinu the "Declaralionof Spain to the European courts," the memorial of Spain to the Britisk embassador at the court of Madrid— the answer of the rmba!=sadM._thc " Reply of Spain ;" the " DecUiration" and the "coun- tor Docliuution," that although Spain continued throughout the whole negotiation to reiterate her right to the sovereignty of the nortliwest coast, and although after the terms of the treaty were agreed upon, in the De- (daratinn itls distinctly set forth, as being understood by the high contract- ing parties, llsat nothing in the said " Declaration should prerludc or preju- dice the ulterior discussion of any right, which his majesty of Spain may ekUm, to form an exclusive ^settlement at Noolka. Let the reader bear in BRITISH CLAIM TO OREGON. 89 by a treaty." not too late to prior to the for surely the elisions. Wc Iftlitiido Vi" advance with y Sir Francis in the asser- right by occu- s on that point I tlieir ground, t claimed any ; neither does le 49th degree ;y in common in abeyance, interests have Great Britain regards settle- liat the. United ban the rights he convention Coronado the lar in 1603, of orations of the tudo 56° north, they did, she We shall at- lims of Great joct and inten- ho opinions of id advantages, 1, while peru- 10 memorial of answer of the md the " coun- out the whole ortliwest coast, ion, in the De- high contract- rrhidc or prrju- I of Spain may reader bear in mind, that, after the lapse of half a century, it is gravely asserted that this very treaty settled all dilferencos between England and Spain, with respect to priority of di-^covery and the right of sovereignty to the Oregon Territory ! And Ibis too, although pending the whole negotiation, every communication received from Spain on the subject of restoration of prop- erty, of indemnity for pecuniary losses, or satisfaction for the insulted honor of England, contained a saving clause— that the said restoration •rranted, the said indemnity allowed, and the said satisfaction given, should not affect the rights of Spain. Yet according to the construction put upon the treaty, by modern English diplomatists, Spain is said to liave lost the very right she had so sedulously reserved. The following paper is the Declaration of his Catholic majesty, dated June 4, 1790, which was transmitted to all the European courts, and is a brief state- ment of the matter in dispute, and of the rights of Spain to the territories in the South Sea. Declaration of his Catholic Majesty, June 4, 1790, tkansmitted to ALL THE European Courts.* " The king, being apprised of the particulars laid before his ministers on the 16th of May, by Mr. Merry, his Britannic majesty's minister, rel- alive to the unexpected dispute between this court and Great Britain, as to the vessels captured in Port St. Lorenzo, or Nootka Sound, on the coast of California in the South Sea, has commanded the undersigned, his majesty's first secretary of state, to answer to the said minister of Eng- land, that he had the honor to make known personally, and in writing, to the said minister, upon the 18th of the same month, that his majesty at no time pretended to any rights, in any ports, seas, or places, other than what belong to his crown by the most solemn treaties, recognized by all na- tions, and more parlicularly with Great Britain, by a right founded on par- ticular treaties, the uniform consent of both nations, and by an immemorial, regular, and established possession ; that his majesty is ready to enter upon every examination and discussion, most likely to terminate the dispute in an amicable way ; and is willing to enter into immediate conference with ihe new embassador ; ar.d. if justice requires it, will certainly disapprove the conduct, and punish iiis subjects, if they have gone beyond their powers. This offer and satisfaction will, it is hoped, serve as an example to the court of London, to do the same on its part As the two courts of London and Madrid have not yet received proper and authenticated accounts and proofs of all that has really passed in those distant latitudes, a contradiction in the development of facts has, by this means, been occasioned. Even at this moment, the papers and minutes made up by the viceroy of New Spain, on this matter, are not arrived. Posterior letters, indeed, say that the English vessel, the Argo- naut, had not been seized and confiscated till legally condemned, and that * Parliamentarjr Iliitorr. ' 1 t 11 t'. 36 BRITISH CLAIM TO OREGON. the small vpsgol, called the Princess Iloyal, wliich hail aftorwarfl arrived, was not seized or confiscated ; but that, on the contrary, full rnstitution was made by the viceroy, and an obligation only taken from the captain, to pay the price of the vessel, if she was declared a lawful prize ; and on the precise same terms, ho had liberated a Portuguese vessel belonging to Macao, and two Amcrjcan vessels. These particulars will be >nore implicitly proved and elucidated, on the arrival of the necessary papers. " The first time that our embassador made a public notification of this matter to the ministry at London, on the 10th of February last, many of the circumstances that are now certain, were then doubtful. The rights and immemorial possession of Spain to that coast and ports, as well as several other titles proper to he taken into view, in a pacijic negotiation, xoerc not quite certain. And, if the court of London had made an amicable return to the complaints made by his majesty, relative to those merchants whom Spain regards as usurpers, and the violators of treaties, and had shown" any desire to terminate the affair by an amicable accommodation, a great deal of unnecessary expense might have been saved. The high and menacing tone and manner, in which the answer of the British minister was couched, at a time when no certain information of the particulars had arrived, made the Spanish cabinet entertain some suspicions, tliat it was made, not 80 much tor the purpose of the dispute in question, as a pretext to break entirely with our court, for which reasons it was thought necessary to take some precautions relative to the subject. •' On a late occasion, a complaint was made to the court of Russia, as to some similar points, relative to the navigation of the South Sea. A can- did answer being returned by that court, the affair was terminated with- out the least disagreement. Indeed, it may be asserted with truth, that the manner, much more than the substance, has produced the disputes that have taken place on this head with Great Britain. "Nevertheless, the king does deny what the enemies to peace have in- dustriously circulated, that Spain extends pretensions and rights of sove- reignty over the whole of the South Sea, as far as China. When the words are made use of, ♦ In the name of the king, his sovereignty, navigation, and exclusive commerce to the Continent and Islands of the South Sea,' it is the manner in which Spain, in speaking of the Indies, has always used these words, that is to say : to the Continent, islands, and seas, which 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 punished upon knowledge of their offences. And the king sets up no pretensions to any possessions, the right of which he cannot prove by irrefragihle titles. " Although Spain may not have establishments or colonies planted upon the coasts or in the ports in dispute, it does not follow that such coast or port does not belong to her. If this rule were to he followed, one nation might estab- lish colonies on the coast of another nation in America, Asia, and Europe, by which meatis there would be no fixed boundary — a circumstance evidently ab »urd. ■ward arrived, Full restitution in the captain, prize ; and on iscl belonging will bo more ssary papers, fication of this last, many of \\. The rights well as several ialion, were twt micablc return .erchants whom had shownf any )n, a great deal I and menacing r was couched, s had arrived, t it was made, IS a pretext to ught necessary of Russia, as to h Sea. A can- 3rminated with- with truth, that the disputes that I peace have in- I rights of sove- When the words nty, navigation, the South Sea,' ies, has always and seas, which 'c and secured to !y acquiesced in, e been punished no pretensions to ragihle titles, planted upon the coast or port does lion might estab- 2, and Europe, by mce evidently ah lUUTIHH CLAIM TO OREGON. wt " But whatsovrr may be the issue of the qiiestion of right upon a mature consideration of th.« cluiin.s of both parties, the result of th(^ question of fact is, that the eaptuin nf the I'.nf.'lisl' vessel is repaired by the restitution that has been made, and the conduct of tlie viceroy ; for as to tiio quulifi. cation of such restitution, and whether tlw; prize was lawful or not, that respects tluMiuestion of right yet to bo investigated, that is to say, if it has been agreeaitlv to, or in contraiiiction, to the treaties relative to the rights and possessions of Spain. Lastly, the king will readily enter into any plan by which future disputes on this subject may bo obviated, that no re- proach may be upon him, as having refused any means of reconciliation and for the establishment of a solid and permanent peace, not only bo- tween Spain and (ireat Britain, but also between all nations ; for the ac complislimenl of wliich object, his majesty has made tlie greatest efforts in all the courts of Europe, which ho certainly would not have dono if he had any design to involve England, and the other European powers, in a calamitous and destructive war. " El Conde de Florida Banca. " Aranguez, June 4." In this memorial, addressed to the several cour's of Europe, are set forth, clearly and distinctly, tiic rights and claims of Spain to the territory in dispute. " Prior discovery," " uniform consent of both nations," " par- ticular treaties," (as of Utrecht,) " an immemorial, regular, and established possession," are advanced as the grounds of these claims. In the following memorial of the court of Spain, delivered to tho Eng- lish embassador at Madrid, .luno 13th, the subject of the right of Spain is treated of more fully, and in this, as well as in the preceding paper, the right of sovereignty over that coast is constantly maintained. " Memorial of the Court of Spain, delivered June 13, to Mr. Fitz- IIEKBEKT, THE BRITISH EMBASSADOR AT MaDRID. " By every treaty upon record, between Spain and the other nations of Europe, for upw ml of two centuries, an exclusive right of property ^ nam. galion and comm.-rcc, to the Spanish West Indies, (Spanish America,) has been uniformly secured to Spain, England having always stood forth, in a particular manner, in support of such rights. " By Article Eij^hth of the treaty of Utrecht— a treaty in which all the European nations may be said to have taken a part — Spain and England profess to establish it, as a fundamental principle of agreement, that the navigation and commerce of the West Indies, under the dominion of Spain, shall remain in the precise same situation in which they stood in the reign of his Catholic majesty, Charles II., and that that rule shall be inviolably ad- hered to, and be incapable of infringement. " After this maxim, the two powers stipulated that Spain should never grant liberty or permission to any nation to trade to, or introduce their merchandise into, the Spanish American dominions, or to sell, cede, or •si I BRITISH CLAIM TO ORKGON. givo up to any other nation, its lumls, (lominii)ns, or territories, or any part thoroof. On llio contrary, and in order that its territories slioul.l l)e pre sorv.-d whole and entire, I'lnnliuid olH-rs lo iiid mid assist the Si.uniardH in rei'stablishinn tlio limits of their A rican dominions, and \,\acU\xt such alteration may have hecn brouirht about. " Tho vast extent of tho Spanish teriilories, imvi>;alioii and dominion on tho Continent of America, anil isles and seas contiguous to the South Sou, arc clearly laid down and authenticated by a variety of documents, laws, and formal acts of possession, in the reijjn of KiiiR Charles II. It is also dearhi nsrcrlainol lluit, nolwillisliiinUiig tlw rqieah'd atlrmpl.i nuulc l>!) An- VKNTUKicns and pirates on the Spanish coasts of ih" South Sra,an(l adjarmt islands, Spain has slill preserved her possessions entire, awl opposed with success these usurpations, by constantly sendin/^ her sltijis and vessels to take possession of sue.h settlements. By these measures, and reiterated acts of possession,' Spain has prrsen-cd her dominion, which she has extknded to THE llORDEnS OF THE RUSSIAN EbTAHLISUMENTS IN THAT PAUT OF THE WOULD. " The viceroys of Peru and New Spain, having been informed that these seas bail been, for some time past, more frcciuented than formerly ; that smu'nrliiii' had increased ; that several usurpations, prejudicial to Spam and ''the general tranquillity, had been sufVered to bo made ; they ^'avo orders that tlio western coasts of Spanisli America, and islands and seas adjacent, should be more frequently !iavif,mted and explored. "They were also informed, that several Russian vessels were upon the point of making commercial establishment.s upon that coast. At the time that Spain demonstrated to Russia the inconveniences attendant upon .such oncroachmcnfs, she entered upon tho negotiation with Russia upon the supposition that the Russian navigators of the Pacific Ocean had no orders to make establishments within tho limits of Spanish America, of which tho Spaniards were tho first possessors, (limits situated within Prince Wil- Ham's Strait) purposely to avoid all dissensions, and in order to maintain the harmony and amity which Spain wished to preserve. " The court of Russia replied, ' It had already given treaty orders, that its subjects should make no .settlements in places belonging to other powers; and that if those orders had been violated, and any had been made in Spanish America, they desired the king 'vould put a .stop to them in a friendly manner.' To this pacific languag*!, on the part of Russia, Spain observed, 'That she could not be an.= wcrfole for what her oflicers might do, at that distance, whose general order - and instructions were, not to per- mi't any settlement to be made by other nations on the Continent of Spanish America.' • 7 j " Thougli trespasses had been made by the English on some of the islands of those coasts, which had given rise to similar complaints having been matU to the court of London, Spain did not know that tho English had cndcav- ■ i .M I U|1 i . i . i ,,BJ, i.— imiriSII CLAIM TO ORKOON. 89 orod to mako any nelllcmrnts nn iIip norlliorn |)art oftlio Houthorn Ocean, till tho cornmiuulitiK oniccr riiiii, lonnil two Anu'fican vessels in Sf. F.oren/.o, or Nootka liar- bor, where im was fioinj^ for |)rovi.sions utul stores. 'F'heso vessels he permitted to pnMiped on thoir voya^n, it appearinij, from their paperw, that ihfji urrr ilrin n tlirrr hij 'Uilrea.i, awl onlij fniiir in In njil. " lie a!>o tiuinil llic'i.' the ship Ipliij;ciiiii iVoni Miieao, viidrr i'orliiifnfar colors, which hud a paxsporl from Ihr novrrnor, (of Maeao) and thouj^h ho camr miinifrslh/ with ihc. virin to Innlr there, yet the .Spani-.h ailniiral, when ho saw his insiruelioii'j. jj;ave him leave to depart Ujion his sii^nini.; an cn- pu^oinent to pay the valiio of the vcshcI, should the Government declare it a lawful prize. " With liiis ve.s.sel there came a second, which the admiral detained, and ft few days afler a third, naned the Ar{,'onaut. from th»T(»n f ».v«»nTi7-Tgc!«):aii««>K>=itf*riij«B«s«ra»Jiw«^»BM*«81J •SIBIIJSSSf.WiP-- BK 'SH CLAIM TO OREGON. 41 I memorial, k. to ancient Treaty of •iry ; as or- AR BACK AS f February, lated by the J memorial, quato atone- $ritain. r, he further id that with it for a more and laconic id rid suspect T 'plans, and rts that they md the other small squad- on to present the troum of rs, and coasts possession, yet ! ietained, tho into any dis- id desiring to zst satisjied if of that ocean, nd as if it had tilution of the excited such he most vigor- ?i powers disin- lown principles ope, which tho BW. armaments and jassador, (upon the British flag jster at Madrid d already men- thought he had m^i "To this was added a declaration not to c formally into the matter, until a satisfactory answor was obtained, ' and at tlio same timo tho me- morial of Spain should not include in it the question of riglit,' which formed a most pssontial part of the discussion. " The Britisli administration offer, in tlio same answer, to take most ef- fective and pacilic measures, tiiat tiic English suhjects sluiU not act against the just and ACKNOwr.EiioED rights of Spain ; but that *hey cannot at pres- ent accede to tlie pretensions of absolute sovereign! >;, co nmerce and navi- gation, which appeared to be tho principal objfct of t!io memorial of tlio embassador ; and that the king of I'higland considers t a dutv ihcuinbcnt upon him, to protect his stthjects in the enjoyment of the right if continuing their fishery in the Pacific Ocean. "//" this pretension is found to trespass upon the ancient houndaries laid down in the reign of King Charles 11. , and guarantied hy England in the treaty of Utrecht, as Spain hclieves, it appears tiint tliiit court will have good reason for disputing and opposing tiiis claim ; and it is to be hoped that flic equity of the Britisli administration will suspend and restrict it accordingly. " In consequence of tho foregoing answer, the cliargo d'affaires from the court of London at Madrid insisted, in a memorial of tlie 16th of May, on restitution of the vessel detained at Noolha and the property therein contained, of an indenmification for the losses sustained, and a reparation proportioned to the injury done to the English subjects trading under the British flag ; and that they have an indisputable right to the enjoyment of a free and uninterrupted navigation, commerce and fishery, an ou, m wriuii„, versation wo had the .lay before ye«t«;;^J: ^ ^^.^ The court of .Tha substance of the.e oteervat.ons >« ^"-^Jy J^^^^^ ^,„ .liire- W-on is animated with the "^f ^^^^^^l^^ ^^TZ^k, relative ,..ncn that at present subsists between f,^"'';' '^.^""^f^j^^jiy „e.mtiation; rt::e;:rs:;i= t^t . o^Ld ->—----; original state; and as certain acts have been en .e. . _^^^ qoestion, by vessels belnn^jnig to the oy.l "^^^^^J^^^^^^ ,f ,„y several British vessels, without any '•^P'!'^^' .J^, '"f„' ^^ ViMit to insisU sort, on the part of Britain ; that power >« P^'^^' ^ j^J^^ ;;,,,,ion for as a preliminary condition upon a P^^^^ T , .^"'^„;,,,,.'^,a. .raWice these acts of violence; and in c-sequence of "^^ P^ ^;^^ ^,. ',,, „,. of nations has limUed such ri.hi oj reparal'm^ ^ ^7 » /./« r/ /., the. Lion of the vrsseJ., a full ^^f^^l^'^^"^';;;'^^ of red ,any injured, «'f /^^^JJI^f ^ J^ ^TTSaL of my court, far to his fag; so that it is evident, that the .r ^^.^ ^,^^^_ from containing anything to prejudice >'r^^^'J^ ,^ ,^J ,, c ..-eat oUc majesty, amo. to no nK>re in f^U, Imn vha -^.^.^^^^ rS on Ir^X and on which your ^^IJ^J:,:^: some explanation, I am authorised, sir, to r"^^;'^;^^;;^ ,,,,,ance, .TOKS, under .he conditions specified '" ^^^ ^^ ?^^^ ,, constituting 16th of Mav, will be regarded J /- f ^ "^.m accept of it in itself the satisfaci.o^i demanded ^ J^" "^ '^^"' "^\J,, ,,ui, that, as it as such, by a counter-declarat.on on ^- P^^^ ^ ^^ ^,,,,i,,, ,,,,o!, appears uncertain '^ ;''''' f'^^'^'^/ f;.„7^^^^ of the British and the Iphigeniu, had truly a right to er^^oy tl^ ^Examination of this «-^^: T:^^ :^a r£::^ r;«nf^.e .sses sustained ^r:::,::^^^^ lea to the determination oUornm.s.ners, to be BRITISH CLAIM TO OREGON. 43 be honor the con- court of the diffe- , ralativo rot i at ion ; i reason, It ill their .tituilos in n, a°"^X'Lt occurs to you, that it ,.ay rotire-Z-Trr; Sr^l^rLy .o„d .» P^^ote the peace which we desire to establish. » I have the honor to be, etc., .< El Conde de Florida Banca." . T 1 1 -ran the following declaration and counter dec On the 24th of July, 1^'^"''^^*;''? Madrid ; by which it will be seen but on the contrary, the laUe. '=^^"^;°; ^^^ „, ej^diee the right of DECLAKATION. ..„.Brita„nic™ie.y,havL„geo.pU«o^*^^^^^^ -C, be.„„g,n. '; j-^'J^l o»t L "he servic'o of the king, .h. northwest coast of America, oy ui BRITISH CLAIM TO OREGON. 45 undersigned, counsellor and principal secretary of state to his majesty, being tiiereto duly authorized, declares in the name and by the order of his said majesty, that he is willing to give satisfaction to his Britannic majesty for the injury of which he has complained, fully persuaded that his said Britannic majesty would act in the same manner toward the king under similar circumstances. And his majesty further engages to make full restitution of all the British vessels which were captured at Nnotka, and to indemnify the parties interested in those vessels for the losses which they shall have sustained, as soon as the amount thereof shall have been ascertained. •' It behig understood, tliat this declaration is not to preclude or prejudice the ulterior discussion of any right which his majesty may claim to form an exclusive establishment at the Port of Noolka. " In witness whereof, I have signed tliis declaration, and sealed L. s. it with the seal of my arms, at Madrid, the 27th July, 1700. (Signed,) " Le Conde de Florida Banca." OOUNTSR DE^LAUATION. " His Catholic majesty, having declared that he was willing togive satis- faction for the injury done to the king by the capture of certain vessels he- longing to his subjects, In the Bay of Nootka, and the Count do Florida Banca having signed, in the name and by order of his Catholic majesty, a declaration to this effect, and by which his said majesty likewise en- gages to make full restitution of the vessels so captured, and to indemnify the parlies interested in these vessels for the losses they shall have sustained, the undersigned, embassador extraordinary and plenipotentiary of his majesty to the Catholic king, being duly and expressly authorized, accepts the said declaration, in the name of the king, and declares tliat his majesty vriU consider this declaration, together with the performance of the engage- ments contained therein, as a full and entire satisfaction for the injury of which his majesty has complained, " The undersigned declares, at the same time, that it is to be understood that neither the said declaration, signed by Count Florida Banca, nor the acceptance thereof, by the undersigned, in the name of the king, is to pre- clude or prejudice, in any respect, the right which his majesty may claim to any establislment which his subjects may have formed, or should he desirous of forming in future at the said Bay of Nootka. " In witness whereof, I have signed this counter declaration, and L. s. sealed it with the seal of my Arms. At Madrid, the 24th July, 1790. (Sig':ed,) «' Alleyne Fitzherbebt." It may be well to note here, the difference between the last clause of the declaration by Coun Banca, and the last clause in the counter-decla- ration by Mr. Fitzherbert. The declaration of his Catholic majesty is not BRITISH CLAIM TO OREGON, ment at Nootka, while inn c.u , ji^ i,ig subjects may Nootka." , , . • „j ,i,u claim so set fortli in the countcr-de- If Great Britain had obtained this ^^^ '"' ^°/'; , ^ rWhi of sovcrcmnty, olarution as reserved, it couUl not h^.^^g^;" ^ ^^^^^^^^^ ^le mh of Oc- for the fifth article of the treaty which -- -^ "^ 1 these establish. tobev following, reserved to the ''""J "^ ^J'^;,,£:',,,„w,-,,,,„„.. and called the Convention of the Lscunal : . T„K Convention between ms Britannic Majestv and the ^;;:.:;X!; S^KOATTHE EsCUEIA^XUE XWENXV-EIOHTH 0. Oc- touer, 1790. . . Their Britannic and Catholic ^^^-^^ ^Zf^:^^ „y a speedy and solid '^^^-""^^^'[^l'^^^^^^^^ attaining this l^tween the two crowns, have i^^^fj^^^^^^^^^^^ which, setting salutary object, would be that °f;"/"^^"^f^'^ ^ pretensions of the two par. aside all retrospeeiive discussron of th "^^; «f J ^^ ^^ i,^, eonform- Hes, should fix their respective situation for tie futm^ - ^^i^e with which able to their true interests, ^^jf ^^.^^^^^^JXi", ^h each other, in eve- their said majesties are -"^^ ;^;;'^X 3 harmony, and good ,ything and m -" ^^^^'^ V th /have constituted'for their plenipoten- r""'?::rbn the prr'hL Britannic majesty, AUeyne FitzherbeH tiaries, to wit. on int (mii. „„„„ii :„ Groat Brita n and Ireland, jesty ; and on the pan oi iu« v^a ., Soanish order of Charles 11., counsellor ui . , ^ . ,„,,_ „(•,,.,. having communicated to west coast ot tlie t^oniinciu ui i Rritannic majestv were dis- _T;f.i .".Hr vi!;,c„c. -'"'t'Ssrwr^sX- ;'.nrof ,„d sutecuont to tl» mom, of ,'^P'' ^ "f '.'jj J'^^" ' ,„d i„ oa» said BRITISH CLAIM TO OREGON. 47 sessed of their lands, buildings, vessels, merchandise, and other property whatever on tlie said Continent, or on the seas and islands adjacent, they Khali i)e rrestahlishod in the possession thereof, or a just compensation shall he made to them for the losses which they have sustained. " Akt. n. In order to strengthen the bonds of friendship, and to preserve in future a perfect harmony and good understanding between tlie two noiitracting parties, it is agreed, that their rrsprrlivr suhjrrt.s shall not he dislurhi'd or molested, cither in nefrotiatitig or mrryin-^ on their fmheries in the Vaeilir. Oeeitn or in the South Sens, or in landing on the coasts of these sens, in plaees not already occupied, for the purpose ofcarri/inir on their com. merce unth the natives of tlie country, or of making settlemenh- there ; the whole subject, nevertheless, to the instructions specified in these following articles. " AnT. 4. His Britannic majesty engages to take the most elTectual measures to prevent the navigation, and the fisiiing of his subjects in the Pacific Ocean, or in the South Seas, from being made a pretext for illicit trade with the Spanish settlements ; and with this view, it is, moreover, expressly stipulated, that British subjects shall not navigate or carry on their fishery in the said seas, nrithin the space of ten sea leagues from any part of the coasts alreadi; oceupied by Spain. " A UT. 5. As well in the places which are to be restored to the BritiiA miijeuc by "irli:.. of the first Article, as in all other parts of the north- western coast of America, or of the islands adjacent, situate to the north of the parts of the said coast already occupied by Spain, wherever the subjects of the two powers shall have made settlements, since the month of April, 1789, or shall hereafter make any, tlie subjects of tlie other shall have free access, and shall carry on their trade without any disturbance or mnlestation. " AuT. 6. With respect to the eastern and western coasts of South America, and '.o the islands adjacent, no settlement shall be formed here- sfter by the respective subjects in such part 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 subjects 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. " AuT. 7. In all cases of complaint, or infraction of the articles of the present convention, the officers of either party, without permitting tliem- s<>lvos previously to commit any violence or acts of force, shall be bound to make an e.\act report of the affair, and of its circunit^tanccs, to their r<>3pretive courts, who will terminate such differences in an aniicabk! manner. *' Akt. 8. 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 be done. I !^ !■ BRITISH CLAIM TO OREGON. n.c and %^ ">'^J^'^''^'' J^^ o.e present convention, and sol thoreto ^:!T^:Tri^^o.o :. the palaco of St. Lawrence, the 28th of October 1790. ^^^^ ^^^^^ ^^ Florida Banca. r'^'l "Alleynr Fitzherbert." [L.S.J One of the .ost temperate -^-« ^ ^^J^r^r^-^'- treaty, n,akes this obsorvat.on ^^^^7'%^",;^:' a historian, ho would .. If Mr. Greenhow were as good « /^/^yfj^f '^ ., ^„, „f ,Uoso national have known that the ConventK,n ^J^^^^^ri^atsh conventions are not. compacts, called Trans>tory Co»vont,on t a sueh ^^^^^^ ... ^^^ put an end to, or even »--;"'/ ^^^^^^^ rest'oration of peace, pended, they revive, as am t or " J-,^ _^^^^^^^ ^^^^ ^^ ,^^_^ ^ .^ without any express ^ '1'"''^^ ""',„' "'.' ^^^.j^,, ,,e says will be rcsp.-cted national law." And he ^""^«^^V'>^^^;;'J'''tue the treaty of HO'J fall i„ the United States. Now u. ^J^^^^r'^^^ ^^^^ to it. Ter- within this dennition o-;f^^;^^^^Zn:riU,ry .,.t l,e .Irfnci ; rilory mtsl he ceded ; the ^''"^^^J ^^.^,„,„,i, ;, f,,or of one nation, territory mml he excham^id ; ° f^^fJ^^J^'^^^^ession of Spain, Thus far, has been S'-n the history o the ale, a 1 ^^^^ of the demand of "England, the -^P '-^ .;;f './^ese facts, for they rln S;;^;rt:^Sw:^n;:ars to be the tme state of the "^?r;^-i?^rtit=sr:s:.er::t^^ the vicinity, returned to San Bias. Rritan- irtiiQ of , thereto nee, the NCA. g of the oonhow : lie would national IS are not at if suH- of pcacf, '• is inter- rcs*i)('ctc.n of Spain, xnd by the ;ts, for they state of the )rity of Her- world gave of America, nd watchful It two armed 'e arrived at ;w months in BRITIHH CLAIM TO OltEGON. 49 In Martinez's report to the viceroy, the Russian establishments were represented as being four in number ; that tliey had not advanced east- ward beyond Prince William's Sound, but that a large force was about fxnbarking from Asia to occupy Nootka Sound, in the name of tho Kmpross of Russia. The viceroy thereupon ordered Martinez to proceed to Niwtka, and take possession of it in the name of his Catholic majesty.* In February, Martinez left San Bias, and arrived at Nootka on the (Jth May, 1789. On his arrival he found the American ship Columbia, and the Iphigenia, a vessel under the Portuguese flag. The officers of these vessels were informed, that his object was to take possession of the country, in the name of the king of Spain. Having ascertained tho purport of the in- structions given to the commander of the Iphigenia, by lier owners, he took possession of her, but subsequently released her, as wo have before related. In July, the Argonaut, Captain Colnett, arrived for the purjwse of taking possession of the sound, and erecting a fort under the British flag. This vessel and her consort, the Princess Royal, were taken by Martinez and sent to San Bias. The owners of these vessels memorial- ized the British government, who immediately demanded satisfaction for the aggressions ; at the same time stating that the discussion of the claims which either party might advance to the sovereignty of the territory, should be suspended. After considerable -negotiation on the subject, the demands of Great Britain were complied with by the Spanish govern- ment, with the full understandi.ng that the concession was not to affect the right of his Catholic majesty, to the sovereignty of the northwest coast. The treaty has Ueen given at length. We have now but one question to ask, relative to this assertion of Great Britain, viz : " The United States can claim, as the a.ssignoe of the Spanish title, only the same rights as were conceded to England by the treaty of 1790." We ask what has be- come of the right of sovereignty ? It surely must have had an existence. If England had tho right in 1790, she has it now. If Spain possessed it, we possess it now ; for surely there is not an article in the treaty that can be construed into an abandonment of the title by Spain. It most as- suredly did not expire by limitation. The treaty itself was not an adju- dication of sovereignty. It simply said, " Know all men, by these pres- ents, that Spain agrees to indemnify England for the loss sustained by her subjects, at Nootka Sound ; and she now grants what she before denied, the right of England to navigate those seas ; to carry on the fisheries in the North Pacific ; to trade on the coast of any part of Northwest Ame- rica ; and to make such settlements as are necessary for the purposes of commerce with the nations ;" Spain still 'continuing in full possession and in the enjoyment of all those rights she had conceded to England, as tenant in common, of a property in which Spain had the fee simple ; the consideration and the examination, and ultimate action of the parties as to the right of soil, being for a time suspended. That this was the opin- » For the instmctionB given to Martinez, see the introduction to the narrative of ths voyage of the Sutil and Mezicona. 3 •■'i I I- r i ■' 50 nRITISII CLAIM TO ORKGON. ion or tliodo who madn tho treaty, and the loadinf^ mcmhnrs in the Rrit< ish Parliatncnt nt thu time, will be seen iVoin tho fuilowing extracts from the debates in the I louse of ('ominous, on tho occasion of a motion for a vole, approval of llie convention. The following remarks of Mr. Pox, thu leading memiier of tho house, will exjtlain fully all that Spain conceded, and all that Kngland obtained by the treaty of 179U. " In tho early part of the debute, ho had heard nothing but rhndnniontado about our acquisition— of now source's of trade, now objects of enterprise, new oceans, and now continent.s, opened to tho activity of our nierchants, and tho courage of our sailors ; such flowers of rhetoric were elegant orn- bellishments, equally convenient to give force to argument, or to conceal tho want of it. But was it true that we had opened any of these sources, or made a single acquisition I Tho honorable gentleman who had spoke last (Mr. Uydcr,) hud put tho question on tho true grounds. Having caught the contagion of the speakers, who preceded him on tlje same side, he had talked of gaining and aojuiring ; but in tho progress of his argument, he had very properly stated that we had acquired nothing, but only obtained security for what we had before. This was precisely what we had obtained, an advantage no doubt, because it was wise to give up part of an unlimited right, to secure the uninterrupted possession of tho rest ; but an advantage to be estimated by comparing what wo gave up, with what we retained. What, then, was the extent of our rights, be- fore the convention, (whether admitted or denied by Spain was of no consequence,) and to what extent were they now secured to us? We possessed and crorcisod theyVee navigation of the Pacijtc Ocp- wiUiout restraint or limilalion. We possessed and exercised the right of carrying an fisheries in the South Seas, equally unlimited. This was no barren right, but a right of which we had availed ourselves, as appeared by tho papers on the tabic, which showed that the produce of itHiad increas- ed, in five years, from twelve to ninety-seven thousand pounds. This estate wc had, and wore daily improving ; it was not to be disgraced by the name of an acquisition. The adviiisionof 'partof these rights (navi- gation and fishing*) by Spain, was nil we had obtained. It remained to inquire what it had cost. Our right before was to settle (not rule*) in any part of South or Northwest America, not fortified against us by previous oc- cupancy ; and we are now restricted to settle in certain places only, and under certain restrictions. This was an important concession or our part. Our rights of fishing extended to the whole ocean, and it too ms limited, and to be carried on within certain distances of the Spanish settlements. Our right of making settlements was not, as now, a right to uitild nuTS, btU to plant cot.ONiF.s if we thought proper. Surely those w- without of carrying no barren a red by tiio lad increas- inds. This isg raced by •ighls (navi- remaincd to iilo*) in any previous oc- :es only, and or our part. • ws Hmilcd, s^lilcmenls. » ^itild nuTS, ic not acqui- r them, if wo ind important )t an acquisi- BRITISH CLAIM TO OREGON. 51 lion. It was, Indeed, said in his majesty's message to both Ilnnscs of Parliatncnl, that a claim wns asserted by Spain to the exrlusivr, right of lovereignly, navignllon and commrrce in the terrilorirs, contis and sens, in that parte '"the world. Hut was a message from his majesty a sufficient authority to the House for tlie nature and extent of the claims of Spain ? An honora- ble baronet had said : ' Look into all Ihr treaties from the lime of Charle* IT. to the treaty of Utrecht, and there the romantic and unwarrantable claim* of Spain will appnir.' Were that statement correct, the consequence must be that our tluims on Spain were unjust and unwarrantable, and insisting on them a direct violation, because, wherever the claim* of Spain were recorded, the amcessions of Great Britain were recorded. But he rejoiced (i)r his country that it was so. He was as much a friend to the claims of Spain, sanctioned by the treatv of Utrecht, as Count Flor- ida Bunca, or any Spanish minister, because they werefounded in justice. These were an exclusive right of territory, Kavi^nlion and commerce, in the seas rtm/co(M/» of Spanish America. The absurd and extravagant claims arose, from extending the term Spanish America to the seas and coasts where Spain had no right of occupancy ; and in this extension of the term, had every one of our preceding disputes about the claims of Spain originated.* To what did we object before, but to the indefinite limits of Spanish America ? The objection .still remained, for the limits of Span- ish America were still undefined, not perhaps in a way so likely to crite disputes as formerly, but sufTicicntly vague ami uncertain to afford a pre- text, where there was a previous disposition to (juarrel. On this point, therefore, abstractedly considered, we had gained nothing. We had renounced the right of permanent settlement on the whole extent of South America, and where the admitted, right of settlement on the northxoeat coast commenced, was completely undefined. If it was said at Nootka, wo did not know that Nootka would be restored. (It never was.) It was, indeed, stipulated, by the first article of the convention, that all the build- ings and tract.1 of lands of which we had been dispossessed about the month of April, 17W(), were to be restored. Why, about the month of April was mentioned in so indefinite a way, a learned gentleman had endeavored to explain, by saying there was danger in mentioning a particular day; be- cause, if any mistake of date should occur, that might give rise to dispute, [f Captain Meares's authority was good for anything, it was surely good for the date at which his ship was taken ; and that, by his own account, was on the llUh of May. Wiiy, about the month of April was inserted as the date of what happened in May, being on the face of it unaccount- able, gave reason to imagine that it was done to answer some purpose, and consequently excited suspicion. By the '2nd Article, it was provided, that everything of which either party had been dispossessed, by the other, subxcqnent to the month of April, should be restored, or a just compensation * The qucfllion, what territories were embmccd in Spanuli ylmrn'ca, depends ii|ion proof of whnt Bhe had discovered at, and before, the f jrmatioii of tho Treaty of Utrecht. ThiH question ia now open betweer. America ami firitniiL I ■I, ii I k - i 52 IIRITISH CLAIM TO ORKCJON. made.* Now, as thero was soino ground to bcliovo that wo had been (lis. possnsscd of Nootka subsequent to tliat period, iiow could wo ho sure that Spain, instead of restoring it, would not ojfir a compensation, Thi^ h-arned gentleman said it was otherwise agreed upon. If ho knew that, he know more than the Ilouse knew. By the I^rd Article, wo are autiiorized to navigate the Pacific Ocean and South Seas, unmolested, for the purpose of carrying on our fisheries, and to land on the unsettled coasts, for the purpose of trading with the natives ; but after this pompous recognition of right to navigation, fishery and commerce, comes anotlicr article, the Oth, which takes away all right of landinf^, and erecting even temporary huts, for any purpose hut that of carrying on the fishery ; and amounts to a complete dereliction of all right to settle, in any way, for thr, purpose of commerce with the natives. * * * * In renouncing iill right to make settlements in South America, we had given to Spain what she considered as inestima- ble, and had, in return, been contented witli dross. ♦ ♦ ♦ ♦ Thus, lie had shown that the treaty was a treaty of concessions, and not of ac- quisitions; that admitting, as ho did admit, the propriety of conceding part of our general rights to secure the undisturl)ed possession of the rest, wo i.:?d given up what was of infinite value to Spain, and retained what could never be of much value to ourselves ; and that what wo had retained was so vague and indescriptive, so undefined in limits, and, consequently, so liablo to be again disputed, that we had conceded much more in point of right, than wo had gained in point of security." Wo have room but for one more remark of the honorable gentleman, which is of the most force of any made on the occasion, and it is this : " It was not true, as had been asserted, that there was any intricacy in the question of right, between us and Spain, had it been thought expedient to bring it fairly to discussion. It stood on tho general principle by which all European na- tions were governed in forming settlements, namely : that where the sub- jects of no power had settled, those of every other Ixad a right to settle. This was the general principle." By this, then, we will test the claims that have been put forth by Great Britain. Let us grant that Sir Francis Drake, in the year 1579, saw some part of the coast of Northwest America, and took possession of the country in the name of tho king of England — no other British ves$el visited that coast for near two hundred years. So, ot course, that would give them no right. Captain Meares, if he had sailed under the English flag, made no settlement at Nootka ; for the very purpose he had in view in erecting a house, was for tho temporary ac- commodation of tho party he left there while collecting fur in the vicinity ; and when tho vessel left for Macao, there was not a vestige remaining even of that small hut at Nootka ; and the English made no settlement on the northwest coast of America, in any part of it drained by the Colum- bia, prior to 1811 ; nor in any other part of Oregon, till 1806. * Itwu not mtotad. Bpkin Mid to ui ; £ii|liuid miut go to Spain for airatn. li liRITlSH CLAIM TO ORKOON. M bocn (lis- Hurc that c learned ' , ho know lorizcd to purposo Is, for tho )i»nition of c, tlic Otli, / hnt.i, for a cmnplrtc merce with loments in j inestima- ♦ Thus, not of ac- jeding part lio rest, wo wlmt could jtained was quently, so 1 in point of iman, whic.l\ " It was not f question of ■ing it fairly uropean na- ere the sub- ieltle. This )ut forth by in the year a, and tooit nd — no other am. So, ot s, if he had for the very emporary ac- 1 the vicinity ; ge remaininsf no settlement by the Colum- )6. To proceed, however, with tho treaty, we have given the remarks of the lender of th(! House of Commons ; we will now give Romo extroctH from the ro|ily of Mr. I'itf. In nnswor to tlic ar^Mimenf of Mr. Vox, to prove that the convention lia'l iiccn one of concessions, and ii^t of aci|uisitions, on the part of CJiviit IJiitan, Mr. Pitt nuiintaincd, that " thonjih what this country had ijaincd consisted not of new rij^hts, it cerlaiidy did of new iid- vantiif^cs. Wr hud Ik fore a rif^ht In thr snulhcrn inhnlr fi$hcnj, mvl a right to mivifffitr and carry on fisheries in the Pacific Ocean, and to trade on thr. con.ilx of any jtart of il northwest of America ; mrr that uiuiit not only had NOT rtKKN A(K.\OWt,r.l)(!t-I), DtfT DISITTKI) AND HKSlSTKn." Ilero WO huVO the chums of (ireat Britain, which liad been "disputed nnd resisted" hy Spain: " liio southern wliiile fisliery, tlie nnvipation and the tnrrving on of the fislieries in tlie I'licific Oceiin, and of tradin;; on any of tlie coasts northwest of America." By tho convention, these claims of Great Britain had been allowed ; " a circumstance," says Mr. Pitt, " which, thoui;h no new rii'ht, was a new a(lvanta<;e. Spoin, besides tlie ri^lit of sovereifrnty on the northwest coast, as far as tho Russian settlements, had claimed the navi- gation and exclusive commerce of tho South Sea. And this convention had fc)r its object, besides the reparation for tlie insult to the British fla" , and the restoration of property, tho arranginj,' tiio rights of navigating tho aforesaid South Sea ; of (Ishing and of trailing with the natives, and some restrictions as to the manner and mode of makifig temporary settlements. The king of Great Britain, in iiis message to Parliament, spoke of this claim to Spain's rights of snvereifjniy, navi station and commerce, in the terri- tories, seas, ami coasts in that part of tho world. The king of Spain reit- atcd it, in his circular to the dilferent courts of Europe ; and it was burthen of every olTicial communication between tlie high contracting .les, at the time of forming tho treaty. Groat Britain made no such pretension, nor did she deny tho validity of the title of Spain to the coun. try. All that was said of it, in the preliminary negotiation, was, that tho question should not be discussed until a proper reparation had been made for the insult to the flag of England. That reparation was made ; and the title to the sovereignty of Oregon being clearly and in explicit terms, for that time, waived, is tho matter in difference between these States, as the successors to the Spanish title, and Great Britain. England, indeed, must now show her title. Was it derived from Drake's and Meares's opera- tions, tho treaty of 1790, or is there some other ridiculous fabrication to be drummed from its grave to support it ? CHAPTER III. . WHOSE IS THE SOVEREIGNTY OF OREGON ?— IT IS OURS. We have given, in the preceding pages, the history of the discovery of the Oregon coast by Spain, and of the pretensions of Br>taui in that re- sard We have shown, that Spain explored Northwest America by and, as far as the i)5th degree of north latitude, as early as 1539 ; explored and took possession of the country about the Gulf of Calilornia, for two hundred miles up the Colorado of the west, in 1540-41-42 ; explored and took possession of the whole interior of California, as far as 43 or 44 north in 1542 ; explored, by sea, the Californian coast, and took forma posse;. :un of bays Ll lands, as far as W north, in 1542-3; explored by Und, and took possession of it, as far as 44= north, in the same year ; and we have seen that, up to this last date, Spain had no competitor m the ma-oh of her discoveries on the northwest coast of America, b he alone hau title as discoverer and occupant, from Cape San Lucas nonh- ward, to a point situated about one hundred and fifty miles south of the Columbia River. „ ,. , . . i But, in 1577, we have learn-, aiat Drake, an F.iglish pirate, entered the Pacific Ocean, and pretended to have visited this coast, between lati- tudes 37° and 49°. We have shown, however, that he never saw the coast of Northwest America, at the latitudes mentioned in the accounts <•! his voyages ; because, in the first place, if he saw any part of that coast, the account given by him of the climate and geographical feature, of the counuy, shot, most conclusively, that it could not have been the coast m question; and because, in the second place, whatever land he might have discovered, could not have accrued L the crown of England by reason of the piratical character of the voyage. Drake was a pirate ; Elizabeth, while she knighted him, remunerated the subjects of the crown of Spain, for the piracies hs had committed. From such men s acts the laws of rations recognize no rights of nations to arise ;— because, it it be sli" Msisted that Drake ever saw this coast, and that his discovery whs for the benefit of the crown of England, still it avails nothing, inasmuch as Spain had already dffecovered and .xplored it several years before ; and, in the fourth place, because England did not afterward occupy by permanent settlement, as required by the laws in such cases governing. The next discoveries we have noticed, were made by Juan de I'uca, * Hume's History of England, vol. v. diop. 41. AMERICAN TITLE TO OREGON. 55 onns. he discovery of •itaiii in tliat re- merica by land, 1539 ; nxplorod lifornia, for two I ; explored and ir as 43° or 44° and took formal 42-3 ; exploreil the same year ; 10 competitor in ' America. She in Lucas, north- iles south of the h pirate, entered 1st, between lati- ( never saw the n the accounts ' !' )art of that coast, al features of the been the coast in : land he might I of England, by e was a pirate ;' ects of the crown h men's acts, the -because, if it be lis discovery whs lothing, inasmuch ■al years before ; rward occupy by cases governing. )y Juan de Fuca, in 1592, who explored iho northwest coast to latitudes 48° and 49° north; sailed up the straits which bear his name, and took possession of the bor- dering lands in the name of Spain. This was the extent of discoveries northward, up to the year 1700. Charles II. of Spain, died Nov. 1, 1700, leaving no issue entitled to succeed him. A war arose among tlio powers of Europe, as to which oJ the royal houses, Spain and its colonies slmuld pass. The question was, whether the crowns of Spain, the Netherlands, i^aples, Sicily, Milan, and the vast possessions of Spain in America, should bo united with Austria, already very powerful, or wilii France, which was less formidable. The Austrian monarcli, Leopold I., claimed the whole of these dominions for his son Cliarlcs, afterward emperor ; and Louis XIV. claimed them for his second son, Philip of Anjou, afterward Philip V. England, the Germf r> ..mperor, and the States General sid^^d witli Leopold ; while Bavaria and Coloune took part with Louis. This war lasted ten years, and was fmallv terminated by the treaty of Utrecht, in 1713, wJiich gave the Spanish crown to Pliilip of Anjou, under the title of Philip V. "" The treaty wliieii I'^ngland at tltis time made with Philip, contains the following important article. VIII. Liber sit Usus Navigationis & Com.Tierciorum inter utriusque Rcgni Sui)ditos, prout jam oliiii erat tempore Pacis, & ante nuperrimi Beriidenunciationem,rcgnanteCalholicoHispaniarumRegcCaroloSecun- do,glorios!P memoriae. Secundum AmicitfP.Confii^derationis. 6i Commerci- orum Pacta, qua; quondam inita erant inter ut.-am(iuo Nationcm, secun- dum Consuctudincs antiquas, Literas PMente.s Sch(;dulas, aliaque Acta speciatim facta ; atquo etiam secundum Tractatum, vel Tractatus Com- mcrciorum, qui Madriti jam nunc confecti, aut inox conficiendi sunt. Cum vera inter alias condiiionrs Pacts GcnrmUs, pmripiia quo'dam & FundamentaUs Rcgula communi rmscnsu stuhilila sit, ul Navigalimiis &, Commerciorum Usus cd Indias Orcldrnlairs Hi.n>amd Juris rodcm in statu maneat, quo f nil tempore prafaii lirfris Catholici Caroli Scmndi ; Quo igitur Uegulahtuc, fide inviolabili, & modo non temerando in pos- torum observetur, adeoque prffiveniantur, amoveanturquo, omnes circa istoc negotium Diflidcntia?, suspiciorumque causir, conventum, speciatim statutunique est, quod sive Gallis, seu Nationi cuilibetcunque, quovis nomine, aut quocunque sub pra-textu, directe vel indirecte, nulla unquam , licentia, nullaque omnino facultas dabitur navigandi, Mercaturam exer- cendi, aut N'grilas, Bona, Morcimonia, vol lies quascunque in Ditiones Americanas Coroiitc Hispanicie parentes introduccndi, prseterqam (luod Tractatu, vel Tractatibus Commerciorum Supiudictis, & .luribus ac Priv- ileges in Pactionc quadam concessis, vulgo el Assiento de Negros nun- cupata, cujus Articulo Duodecimo mentio facta est, concordatum fuer't. Excepto etiam quidquid Rex Cutholicus pra-dictus, vel Ha;redes, Successo- resve ejus Pactoseu Pactis quibusvis de Introductione Nigrifarum in Indias Occidentales IlispanisG obtemperantes, ineundis spondebunt, postquam Pao- AMERICAN TITLE TO OREGON. • • 1 A«!pntodcNparossupra(licta,dcterminatafuerit. Utque de ren , aut "» " ^^ '"; ^"°,^ Diti„„eB Americana, llispanio. obtem,^- enabunt. b contra auu ni, 4" o „„;»!, Ma.^ntr Britann as sese S SlrorSoI '". tempore stcterant, si quidem con.pertum mortem oUent. TRANSLATION. « VIII The ri-^ht of navigation and connrierce between the countries. the right or n»viR...on and "«'™ " ^ i^ ™' , .ho Uaeof hissaid Spain, shall roniaiu m tho samo ootiihtion aa it was rnthnlic inaiestv, Charles the Second. TroZcnA herefore, that this rule may be observed in good faUh, and ■'""f i'lrStftS' :°r:rof ' An' «::;;' .hatevo^^ -i, CatSil ™ies";irUid, or hi, heirsor .u»ce»o» may ptomtse toper- AMERICAN TITLE TO OREGON. 57 sons entering into tlie West Indies subject to Spain, under any treaty or treaties whatsoever, in relation to the importation of slaves into the Span- ish West Indies after the treaty, or ' el Assiento,' above mentioned, may liave terminated. " And that it may be more thoroughly and fully provided for, in relation to the navigation and commerce among the West Indies, as aforesaid, it is further bv these presents covenanted and agreed upon, tiiat neither his Catholic majesty nor any of his heirs or successors shall sell, cede, pledgi, transfer, or in any way or ui. ier any pretence, alienate from themselves and the crown of Sjiain any provinces, dominions or territories in Ame- rica, belonging to Spain or any portion thereof, cither to the French, or any other nation wiiats()"ver. Hut, on the contrary, in order that the Amori- can territories subject to Spain may bo reinstated inviolate, her majesty, the Queen of Great Britain, promises that she will aid and assist Spain to rci=stablisli and confirm the ancient boundaries of her American pos- sessions, as they stood in the time of his said Catholic majesty, King Charles the Second, if indeed, it shall bo ascertained that they have in any manner, or by any means, been infringed upon or diminished since the death of his said Catholic majesty, Charles the Second." This article of the " Treaty of Utrecht" guaranties to the Spanish crown the ownership and sovereignty of the territories in America, and the exclusive rights of commerce ami navigation in the Pacific Ocean, which she clainied at the death of Charles the Second, and pledges its arms to aid in restoring whatever of these rights may have been taken from her by any power or means whatsoever. That Oregon was embraced in this treaty appears evident. For before the death ofhis majesty, Charles the Second, Spain had discovered and taken possession of its whole coast, and the int<^rior country, to 49° north ; and was known to all civilized nations to claim it as a portion of her American dominions. This treaty of Utrecht was a tkansitory convention,* inviolabh id operating in perpetuity, for ever binding as against the British nr.tion. Engla'nd, therefore, in the year 1713, for ever quit-claimed to Spain, and warranted for ever to her monarch and his successors, the northwest coast of North America, as far north as the Straits de Fuca ; and thereby, in virtue of the perpetual nature of the treaty thus entered into, placed it beyond her power, ever after, except by treaty, to resume any pretensions of title to it. For to that point had discoveries been made, and possession taken, previous to the death of Charles the Second. She also confirmed the claims of Spain to the exclusive sovereignty, commerce and naviga- lion of the great South Sea or Pacific Ocean; and by consequence, the sole ri-rht to explore and make discoveries farther to the northward. And Spain.'^resting on these solemn treaty stipulations, considered it unneces- • Vattul, Trankitory Convention ; book ii., chup. 12. 3* I Jt * I gg AMERICAN TITLE TO OREGON. .,rv to make farther explorations in that quarter, till the year 1774^.w»;«n sarytomaKemrmi.. , whJph rli^oovcred San Lorenzo, (Nootka ?hc duo «" nonh. a,„i surveyed Lav l,a,tor, Co., and UK,k posse r to S hto couhl present anv opposing claim between these laUtu.les^ ?„Vce at he 'invention oi" llt-rec'.t, England and the other power, of Europe not only abandoned, but guarantied these lands, and the cnt.re qnnih Sea to the crown of Spain, in perpetuity. • .- „ „. wil be manifest to the deader, at this stage of our inves Ugation tlm the tie of Spain to those countries and seas was not only exclusive so far as c" usivo'discovery eould give title, but ll^at the ^--^^-^-^;'Jf^^- ?and and the other powers at the convention of Utrecht, ren e.ed al r. her acts, as subsequent aets of occupancy, etc., unnecessary to perf.-e that U th oul all after time. For, by those guarant.es, England and th ler powders waived the necessity of occupancy ect., required by th ?aws of laUons to perfect the inchoate rights of prior discovery ; and w^:e:f r L pos^blUty, on the part of those F-;^- « a.,.nng, b, subsequent discovery or occupancy, any rights m the tenitones " Br'ahrtlMime'S F-nce, Austria and Portugal, parties to the c n t n o Utredit, began to violate the faith pledged in those trea- ts not on y bv allowing their merchant ships to visit the northwes coas for thenurLe of trade with the savages, but even by sending out fleets etloreT or the fabled water-passage from the Pacific to the Atlan ic Asthe e merchant vessels were not sent out for the purpose of making discoveries, not furnished with that auth .-ity from their respee- avtco'velents. ^hich the laws of nations require, m order to render any di coTr OS ^ade by them available, in giving title of sovereign^, we mTv well pass them in silence, as not affecting the question under dis- rsLn But'there is this stronger reason for so doing: it was imposs,- Ur ven for expeditions, sent out whh full power. '^ -ke .scove. s o rcdbcover the Northwest American coast, from latitude 22 north to 60 ;.orrh so as to give any shadow of title to the sovereignty over it, a. T T AMERICAN TITLE TO OREGON. 59 against Spain. But inasmuch as there is a disposition on the part of Bri- tain to forgot tlic distinction which tiie laws of nations make in this mat- ter, it may be well to pause a moment here, and inquire whether any English freetraders, from the year 1775, or even the celebrated Captain Cook, did actually make any discoveries between latitudes 22° north and 00° north, on tlie Northwest American coast. Captain Cook was sent out in 177G. Tliis groat navigator was in- structed to " proceed to tiie coast of New Albion, endeavoring to iiiU in ivilh it in the latitude of 4.')°," where he was to procure wooil, water, and other supplies, and then proceed along the coast without delay, to lati- tude 65° north, where he should commence his search for " a water passage, pointing toward Hudson's or Baffin's l]ays." He entered the Pacinc in tlie sunnnor of 1777— saw Cupc Blaiieo, in latitude 4!}° north, on the 7th of .March, 1779— passed the mouth of the Columl)ia without observing it — on the 22nd perceived the southern cape of the Straits de Fuca— passed those magnificent straits without observing tlicm— and on tlie 2i)tli, ancliored in the harbor of San Lorenzo, or Nootka, in latitude 40i° north. Here ho remained till the 2r)th of April, when ho stood away to the nortliward to the 60lh degree, and tii(nu:c explored south as far as 55°. Tliis part of the coast Cook surveyed with groat care and skill. But it had loiii,' before been discovered and explored by the Spaniards. Tills is the suirstanco and effect of Cook's voyages on th.c northwest coast of America, south of latitude 00° north. He only followed in the path of previous discoveries by the Spaniards, and landed at several points on the Oregon coast— at San Lorenzo— Nootka, etc. The account given in the narrative of Cook's voyages, of the furs to be found on the northwest coast, and the extraordinary prices given for them in China, gave rise to Hanna's voyage in 1785, Dixon's and Portlock's in 1786, and others from the East Indie's in 1787 and '8S, and of La Pcrouse in 1790. All those, except La I'crouse, were mere traders. They made no discoveries ; and had they done so, they could have availed nothing as against Spain, south of latitude 60° north. The nations under whose flags these vessels sailed, were parties to the great transitory convention of Utrecht— unalterable by the occurrence of war between the contracting parties, and tlicy could not acquire rights over their own acts of grant or quit-claim. The operations of Colnctt and Mearcs, unavailable, as against Spain, for these reasons, as well as for the many other sufficient ones, are set forth in our notice of the British claim to Oregon. And the conclusion which all the facts derived from British history, and the history of other nations concerned in this matter is, ihat previous to 1790, the date of the Escurial Convention, there were no rights existing in any other nation than Spain, over that part of the coast of northwest America lying between latitudes 22° and 60° north. Tlie convention of the Escurial was, to the extent of its terms, an ab- rogation of the treaty of Utrecht. We have shown on previous pages, to what extent Spain surrendered her previously existing rights ; that she 1 ( B J JU!! " -If gQ AMERICAN TITLK TO OREGON. vn to Fn^hnd tho ioirt risht of navigating tl.o South Sca-of fishing, gave to bnglana mo .11)1. 1 „ .nlomonts for tlmt purpose on certain trading, and maicing te.nnorary settlements tor ha^ ^ „,„,. portions of the Northwest American coast. No ugl t o ^"^"'^''^ - g„„,od,o ho, ""■•" •;' , ff^,; ",,;' ,„„ „f s,,.i„ ,0 her in„nen=o po,. encasements. In liW), incitioit., i.k, , „„ r^,. „„ r,n° north sessions along the whole Northwest American coast, as fa as GO north, sessions ^'ong ,,.,,„tover concessions she had made to England, was disencumber d of « 1 atover c _^^ ^ ^^_^^^.^.^^ ^^ .^ rfn nS rh?t?:^f LS or Charles the Second, and as it had X^r U^ ^X i^cuHai was annulled by t^ war of 179^ and wa neve revive"!!. And we repeat, that Spain by the annul.ng of andwasncvci , ^^ j^^ absolute and unconditional sove- thc treaty of 1790 was rest^ ea concerned,) of the whole of rights to the territory in question. Treaty of amity, settlement, and limits, hctween the UnitM States and Spain, (214 called tke Flori^U Treaty,) signed at Waski.^t^, ielmary 22,1819. llr IX the course of the Rio Roxo westward, to the degree of Ion- Se 00 vest from London and 23 from Washington ; then crossing r aid Re 1 R ver, and running thence, by a lino due north, to the River Arkansas hence following the course of tho southern bank of the Ar- ^r::itssou.em..Uude42^-;^^^ '::^i t iSrs^ ^^s^^ ^-^^^^- ---^--^ - ^^^ ^^^ \ u AMERICAN TITLE TO OREGON. 61 of January, 1818. But, if the source of the Arkansas River shall bo found to fall S. or south of latitude 42, then the line shall run fro.n the saul ourc due south or north, as the case may be, till t meets the sa.d par- allel of latitude 42, and thence, along the said parallel, to the South Sc-a All the islands in the Sabine, and the said Red and Arkansas Rivers fh oughout the course thus described, to belong to the Un.ted States ; bu the use .of the waters and, the navigation of the Sabme to the sea, and of the said Rivers Roxo and Arkansas, throughout the extent of the sa.d boundary, on their respective banks, shall be common to the respeetcve inhabitants of both nations. " The two high contracting parties agree to cede and renounce all the.r rights, claims, and pretensions to the territories described by the sad line • that is to say, the United States hereby cede to his Catholic majesty, and denounce for ever all their rights, claims, and pretensions to the terr.- lories lying west and south of the above descrd)ed line ; and in like man- no l-Ca'tholic majesty cedes to the said United States all his righs claims, and pretensions to any territories east and north o the said line and for himself, his heirs, and successors, renounces all claim to the sa.d territories for ever." Here then, the United States might rest their right of sovereignty to the whole Terrritory of Oregon, acquired by treaty of purchase the same Textent as it was in the hands of Spain, in 1797 ; a sovereignty which EngTand is bound, by the laws of nations, to respect, as we shall show m the 'sequel, by the most solemn treaties on her part. i; le ;ea' 1783, a new power arose on this Continent, which was ne ther a party to the treaty of Utrecht, nor to that of the Escurial. That " wer was the United States of North America. Bound by no treaties m E ence to maWng discoveries upon the northwestern coast, the Repub- hc was at liberty to enlarge its territory in such manner as to give its fron- er a form at once capable of defence, anc, sufficiently extended to embrace all the territory that wo«ld be required -;.»^« ^^-^'^^f jf Tinstitutions and the energies of its people. According y,m 1803, we purchased Louisiana from France. This vast valley extended from he Tuthof the Mississippi to the 49th degree north; its eastern line the Sssli ; its western extension was indefin ,te. It was represen^d on tt old French maps to extend in that direction beyond the Rocky Moun ta'ns embracing rivers running westward into the Pacific. In 1763. F ance an 1 Grelt Britain entered into the trea, :y of Versailles ; by which, fhe bounda ies between their several American possessions were determin- ed By tMs treaty, it will be seen Great Britain reUnquished, irrevocably, to France a.\\ her possessions west of the Mkdsmirpi. Thi treaty ot" Versailles, was one of mutual concessions ; France vieldin. to Britain the Canadas, and other possessions east of the Mis- £lr- and receiving in return, a quit-claim from Britain of all lu,r righL' west of the same° river. Had France, at\er that treaty, pushed her 1 g2 AMERICAN TITLE TO OREOON. settlements tl.rough to tl.c Pacific, could Britain have intorposc.l ? And if not then, when has she since acquired the right- to do so, as against Franco or her grantees? This was a transitory convention. England had, prcvio-u. to 1763, claimed that her Atlantic territories cxtendexl across the valley of the Mississippi-over the Rocky Mountains to the Pacific Ocean. Indeed that old leaven of arrogant ambition, so long ago tried to grasp the rights of France, arising out of discovering the Mississ^ippi river, and the occupancy of the valley, as it now desires to do those of the Republic, derived from discovery, purchase, and occupancy, and every other just title, to Oregon. France had many reasons, there- fore, for obtaining from that unscrupulous neighbor, a guaranty of her territories " west of the Mississippi ;" and did so in this treaty of Vor^ saiUe. as far as 49° north. If, therefore, she owned any land beyond the Mississippi valley, she ceded it to France. If she did not, she ce- ded to her the right as against herself, of acquiring title to all the territory of America lying "west of the Mississippi nver and south If the forty-ninth parallel of latitude."* How -ill British sophistry maintain her claim to the Oregon as against the grantees of France ? To this treaty, the United States, by the purchase of 1803, have become a party ; and as by the treaties of Utrecht and Versailles England has abandoned in the one case, to Spain, as high as latitude |8° north, on the •northwestern coast of America, and in the other as high as 49 on the same coast; it becomes difficult to see, with what pretence of right . she now comes forward to recover what she has thus solemnly, by two several treaties, defeased to others. . «.e. i„„j It is proper to remark, as we proceed, that the discoveries of England on the northwest coast, after the treaty of 1790, with Spain, and before the treaty of Ghent, in 1815, could not confer upon Great Britain any rights of sovereignty. For the treaty of 1790 defined, to their fullest ex tent, the rights of Britain on the western coast of America and left the sovereignty in Spain, as settled by the treaty of Utrecht, in 1713. The Zl mlJr remaining open, was. ho^v far to the north j^; Spanish ch. cov'eries extended at the death of Charles the Second, in 1700 This Lit. we have shown, was in latitude 48° north Before England there- fo"e, can claim any sovereignty south of this limit, she mus first obtam an express grant of the same, from Spain, or her grantees. Is there any such grant in the treaty of 1790 ? Nothing like it. , , , ^ _^ It should, in this connection, be remarked, that while we hold that the treaty of 1790, was annulled by the war of 1796, the same cannot be said of the treaties of 1713, and of 1763. These latter compacts were binding uDon'the high contracting parties thereto, and their successors— and ac- cording to Vattel, remain in force for ever. They were transitory con I vcntioits. So that, if the treaty of the Escurial did not expire in 1796, i but comes in to deprive us-and we deny even this--f any of our \ rights purchased from Spain, certainly by the treaty of Versailles, we, as ♦ See Story Com., Vol. i, p. 17. AMERICAN TITLE TO ORKOON. 63 purcliasors of Louisiana, have an unconditional ^rant '"'"oni Enjrland her- self, to that part of tii(> Territory of Oregon lying south of 49° north, and an unqucstional.il' right to tlin remaindor lying north, by the law of con- tiiruity, and the discoveries of Spain, subsequent to the J-^th of Charles the Second. Again, although England,.by virtue of the treaties of 1713 and of I7fi:3, was precluded from gaming any riglits of sovereignty from discovery or occupancy, the United States have labored under no such disabilities. Accordingly, the discovery of Washington Island in 1789, by Gray ; thoColumbra River, in 179"'2 ; of Bulfinch'a Harbor; the purchase of nearly the whole of the island on which Nootka is situated, in 1792, of Maquillu and other chiefs ; the explorations an., occupations of Lewis and Clark, in IBOrMJ ; of Henry and others, 1808; and of Astor, in 1811 ; all stand out for their own value, under the laws of nations, as conferring title to the sovereignty of Oregon. They are certainly available to us against Britain, who, as has been abundantly shown, was not only barred by her own treaties from acquiring title by discovery or occupancy, but also, in fact, never did anything more than survey what Spain and the United States had previously discovered and occupied on that coast. In conclusion we remark— Britain did not. discover Oregon. It was fully discovered by Spain before a Briton ever .saw its coast. She has, in- deed, since the date at which the Spaniards explored to latitude 00° north, surveyed its rivers and inlets ; but the surveying another's possessions confers no title to them. Britain and Europe, in 1713, conceded its sove- reignfy to Spain ; since that time, Meares, and other Britons, have at- tenipted to occupy those dominions of a neighbor, but have not succeeded in thus pirating any title to the country. She, indeed, built a trading- post on the head-waters of Frazer's River ; but it was after the United States had occupied the valley of the Columbia, by Lewis and Clark. She, indeed, built trading-posts on the head-waters of the north branch of the Columbia River ; but it was after the Columbia had been occupied by licwis and Clark. She -has, indeed, had possession of Astoria and other Aiiurican posts, for many years ; but that occupancy is rendered nuga- tory, as against the American title, by the fact that she came into that poss'ossion°by an act of war, and annulled it, as conferring title, by the tiuncnder of the country at the restoration of peace ; and since that event, express treaty stipulations prevent the occupancy of her subjects from affecting the claims of the United States ; who, on the other hand, hold the Spanish title of discovery, occupancy and contiguity, all which were .ruunintied to the crown of Spain, by Britain, France, and the rest of Eu- rope, a hundred and forty years ago. We have our own title of discovery, purchase from the Ind'ians, and occupancy. And furllier, we assert, ihiit our title is supported by that law of nations which strengthens a title derived from discovery, etc., by the consideration of contiguity, its pQsition, and natural dependence for commercial and civil affairs, upon the several claimants. Oregon is more naturally dependent in these respects, on I .«»PSW( ■,i«!WF^'*-*c«*« i 01 AMERICAN TITLb TO OREGON. California ami Mexico, tl.an upon ti.e Cana.las, an.l the frozon rcRions of Br isl America. We have purchuHed fron. Spain tins n.l.t ol confgu.ty . T eroforc, for all the reasons ever aH«igned hy Br.tan. .n h»c1. cases-- by the laws and custonis of nations, and by grant from Hntan. herself, ^'Tiraulhorof theso pages desires to put a sfin?lo question to his coun- trvmen. He woul.l do it with the .locpest feeling which love of coun ry •an inspire. He woul.l urge its consideration home, upon that mighty impulse of the American n.ind, whicl> ha.l the intelligence to perce.v^ Us Sts, and the courage to defend then, in the struggles of the Revolul.on Americans' Wu.l v„u basely surkenuf.r the uights and honor in VOUK COCNTRV ; WM... VOU YIELD THEM, AND YOUR OWN HONOR, TO ".K .NSO- .KNT PRETENSIONS OF (Ireat Bh.ta.n 1 I helicvc the rcspousc fron, e ery hamlet in ti.e lan.I, will be an indignant negut.ve. bhall we not lu^ar everywhere uttered, in the firmest tones : » We demand what s ch a.l> rLl ; we submit to nothing that is wrong." The value of Oregon to us is inestimable. In an agricultural sense, that Territory would bo worth little. But, when we remember that the genius of our government Tbids us to establish colonies on the islands of the Pacific ; Jhat we can never own a harboi on that sea, unless we retain Oregon ; that theic is the finest group of harbors in the world on the northern portion of Ore gon; hat there are none southof latitude 47° north ; that Britain c aims fhatthe Columbia River shall be the line between her and us; that by yie dingto her demands, we shall not have a bay on that great Ocean iii which a common merchant vessel can find shelter from a storm ; that the Tatn which shall own the ports in the north part of the territory w. control the whole maritime and commercial interest of the North la dfic that the distance between the navigable waters o the Missouri Rive and the splendid harbor of Puget's Sound, in latitude 47= north, is only^boutthree'hundred miles; that a ra.l-road, six hundred miles in length, costing less than the Erie Canal, will bring ilie commerce of the ndie nto the heart of the Republic ;-we may. well ask ourselves, if we In yield this most important of all our national wealth, to the unscru- pulous and baseless claims of Britain ? Shall it be done ? It will not, until we cease to be Americans. I THB END. APPENDIX, The following lloport of a Committee of ConfircRS in 1843, is thought very valuable as illustrating the title of the United States to Oregon Territory. REPORT. The Commilli-e on MiHinry Ajfairi^, tu which urns referral so mw.h of the Presi- ikrC's 7nesMt'rr. as n'lale* to Ihf eMalilishwn/ of a chain of mdtlary jiosts frum Council luiij'^ to Ike Piicific Ucian, siibmiln the following report : The Sorrctary of War, in his ri'iiort arcompanyingtlie President's message, speak- iiiK of tiie " iL'iritory which extends from llie I-akes to the Gulf of Mexico," lias the foilowinff remark : " It is in immediate contact with numerous wild and warlike Indians who aiv capable of brinRiiij,' into tlie field a number of warriors csliinated •it from twenty to thirty thousanil. From the intercourse which subsists between them and the traders, and cmio.'arLes of foreiRn nations, they may Ik; rendered as for- uiidalile as any description of force that coubl be hroupiit against us. To secure a iiioper influence over them in jicacc, and to counteract and control their dispositions in war -to secure our own territory, and to protect our traders, it is indispensjiblc that a chain of posts should be established, extending from the Council Bluffs to the mouth i.f the Columbia, so as to command the avenues by which the Indians pass from the north to the south, and at the same time to maintain a communication with the tern- tories belonging to us on the Pacilic." Fn allusion to the same subject, the rresident, in his message, says: " I recommjend particularly to your consideration, that portion of the Secretary's report which proposes the establishment of a chain of military posts from Council Hlufls to some point on the Pacific Oceari within our limits The benefit thereby destined to- accrue to our citizens engaged in the fur trade over chat wilderness region, addod to the importance of cultivating friendly relations with sav- age tribes inhabiting it, and at the same time of giving protection to our frontier set- tlements, and of establishing the means of safe intercourse between the American settlements at the mouth of the Columbia River and those on this side of the Uocky Mountains, would seem to suggest the imjiortance of carrying into eflect the recom- mendations uiion this head, with as little delay as may bo practicable." Thus invoked by these high authorities, whose especial and responsible duty it ib careluliy to have weighed ail the circumstances which may justify this recommenda- tion and all the consequences to which it may lead, the Committee on Military Af- fairs has given to this subject the anxious consideration its importance demands. Mr. Monroe, in his last annual message, referring to this subject, uses the follow- in"' InTiicUiiGrG I "•• In looking to tlie interests which the United States have on the Pacific ocean, and on the; western coast of this Continent, the propriety of establishing a militairy post at the mouth of the Columbia river, or at. some other point In that quarter, withm our acknowledged limits, is submitted to the consideration of Congress. Our com- merce and fishing on that sea and along the coast have mi 'h increased and are in- creasing. It is thought that a military post to which our ships of war might resort, would afford protection to every interest, and have a tendency to conciliate the tribes of the Northwest, with whom our trade is extensive. - ; is thought, also, that, by - 'SSiJ." w.- -■■.««■'■ #*:^"i 6n APPENDIX. the edUiblishment of such a post, the intercourse lietween our WcBtom Slates ami Territories, ami tlic I'liciflc, ami our trade with the triheH re»iendencc of the Crown of Spain, to remove all doubts upon this subject, made a treaty of limits with the United States on the 12th January, 1828, by which the said forty-second degree of north latitude designated by the ( lorida treaty was reco^jnized and confirmed as the boundary line between " the respective bordering terriiones of the United Slaters of North America and of the Unitcil Mexican States." By these two treaties with Spain and Mexico, the southern boundary of the United States is permanently established, and there is no difficulty or dispute in that quarter. By the third article of the convention between the United Stales and Russia, signed at St. Petersburg in April, 1824, it is " agreed, that hereafter there sliall not be formed by the citizens of Ihc United States, or under the authority of said States, any estab- lishment upon the northwest coast of America, nor any of the islands adjacent, to the nortli of fifty-four degrees forty minutes of north latitude ; and that, in the same manner, there shall oe none formed by Russian subjects, or under the authority of Russia, south of the same parallel. In the convention between Great Britain and Russia, signed at St. Petersburg in February, 1825, the intersection of the same i)aral- lel of fifty-four degrees forty minutes of north latitude, and the southernmost point of Prince of Wales's Island, is established as the commencement of the line of demar- cation lietween their possessions " upon the coast of the Continent and the islands of America to the northwest." By thcs'j several treaties with Spain, Mexico, and Russia, the United Slates have limited their claim on the Pacific Ocean to twelve degrees and forty minutes of lati- tude; that is, to the space intervening between forty-two aii.l forty-four degrees and forty minutes of north latitude. Great Britain assert.^ her title to the whole, or :t large part of this territory. This title the committee propose very briefly to examine, fully convinced that it cannot be sustained. J By the second article of the convention of the 20th day of October, 1818, between '1 I APPKNDIX. 07 Great Bri.ain an,l .he lln,..! ^tate. .t . |^r....^.«i ^^^^ 1|^^ Z^^^;. „.d.. shall I... the m. of 7^7',*";^,','"; , ;'^ J [uL.i^n.. lu is. » .u.-l weHtem point ol the, >-''*'=-"'-'*',''-*y'r*/ . ";,, ^, ,„i^ Has Hame .JOtl. parallel mii, the Uni.e.l States i.rnposc, '" ';;,^ , ;'': "/i ;|"'"\^^ H,, H.Kky M-mnla.n. of latitu.le as the Ime hetween their '' ^f ' ;^, / \'\„ ", ' , ,,i^J\ f,, aae,le. west to the facific Ocean. / ;' Z''^,, ;^'C , 'i Mwe/tl territories of Great Hrl- ami in their t'';\I'^V)''Tl Sn . w sS t^ h^ '"'='''"•' tain and ^^'^>-"f,^^±':^'T^:^:t In^. 4!.n parallel, to the. nearest tain and tho,se of the ifnite.l St^Ue w t ''"'-;, = o t^ nearest heiul drawn from those n>''.''''''''7.:^''"'^"'"'l"''^"« ^aie Cceam to its terrnii.atu). waters of the Columbia, ami thence down the ' ' ' '''^ ' " V^^^^^^^ „( ,,„|^ 1,,.,., ;„wl in the I'acilk-tlie Unlish I^'^'-'"'?, '"V" " ,"'^''i '^ ! ^i U States rejccte.l. tlH. Amerieans that on the o her side r '■;'"' J " j,.^ f„r,y^unth decree of (m the ground that it «ave Great H tain ten .) y s'lun 01 > , ^^,„„i,..j,. latiiudcC The negotiation .''^'7«. ' '"^^ £';/ ^.SJ o rnm^^ dul nut hold minister, was directed to give notice that t u ™'^^^;j , -^ ,,,„i .^^i,. ,0,. a line itBelf bound hereafter, m '^'•"''^n''*-"':';, "' ^y ' ^n bey ml the H,^ky Mountains. loi » more f..ll a,«l »«.»; .,.« ol .1. 1" ■Jo ■"i'J7.,T "toi , ».l '« inlir..*g ss ;Us:^s.X »rr£s»r;::^^^^^ a,.*. », .h,, ho„ thus awiuired ; and, first, OF THE FRENCH TITLE. The treaty of iHrecht was concluded [^^^^I^-^^TX^^^^^ between (^re^ Rii.ain -^J-^^'^^I^^^?^ ^Se" a ertainlng^ the French, the limi' A beuveen the Hudson « "^^^ ""V" ^ j„ ^^^^^c manner, the bounda- The sam ■ ' " ssioners were also authoriziMi 10 «l "- ' Commissioners nerbXeeu .he other British and F^-ch ;o'o".e a ho parts^ ^^Co.^ ^^ ^^^_^^^^^_ were acco^li^^ly appointed by the 7" i^^j'^^^he terms of tSe treaty, although tl.cy actually established the boundaries ^'^^"^'''"K j" ,",'^^t the boundaries were thu.s no formal v'cor.l of the fact now exists. ,,^^^,^,''; 'T^^^^ for that express established is, first, the fact ol the ^Pl'"'" '" ' ^ul uace^ different maps pub- purpose; and that two J'«''"'=^ ''"^^^e o be the S between the Hu.Uon's Hay lished in the hist century. ^f.M'^P^"^ t^J^^^^^^^^ „„ ,he south, fixed by commis- ::s;is^ri!srSet^K^ mmmSyMsmm 183fr-'40, vol. 4., No. 174. I ! 68 APPENDIX. River, and, in some maps, still further west. This line is generally considered in the United States, and has been assumed by their government, as the true boundary settled by tht commissioners agreeably to the treaty above mentioned." Thus we find Messrs. Monroe and Pinckney, at Madrid, in 1805, writing to the Spanish minister as follows : " In conformity with the tenth aiticle of the first-mentioned treaty, (treaty of Utrecht,) the boundary between Canada and Louisiana on the one side, and the Hudson's Biiy and Northwestern Companies on the other, was es- tablished by commissioners, by a line -to commence at a cape or promontory on the ocean in 58 degrees 31 minutes north latitude; to run thence southwestwardly to latitude 49 degrees north from the equator, and along that line indefinitely westward." These extracts are taken from the Alemoir of Mr. Grienhow, who, ;t is jiroper to add, considers the opinion that these boundary lines were actually established 'y the c^n^missioners "at variance will) the most accreilitwl authorities." In this opinion the committee does not concur ; so far from doing so, it is thought the prt, "imption that the 49th parallel was adopted by the comniiasioners under the treaty of Utrecht, is sirengthened '^v .',u^ line of demarcation subsequently agreed on by the treaty of Versailles, in 176. >, betv-'een France and Great Britain, and also by the treaty of peace of 1783, between the United States and (ireat Britain. By tiie former, the "confines between the British and French ju.'^iscssions were irrevocably fixed by a line drawn along the middle of the MiasLssipi, from its source to the Ibber- villc," etc. By the latter, that part of the northern boundary of the United States which is applicable to the subject is described to be through the Lakc-of-the- Woods, " to the most ncrthwestern point thereof, and from thence on a due west course to the Mississippi river." The most northwestern point of the Lake-of-the-Woods is perhaps a few minutes north of the 49th jiarallel of latitude. By the convention of 1818, between the United Slrlcs and Great Britain, in the second article, it is agreed that a line drawn from the niost northwestern point of the Lake-of-the- Woods, along the 49th parallel of north latitude, or if the said point shall not lie in the 49th paral'el of north latitude, then that a line drawn from the said point due north or south, as the rase may be, until the said line shall intereect the said parallel of north latitude, and from the poi.it of such intersection, due west, alon.q- and with said par- allel, shall be the line of demarcation between the territories of the United States and those of his ^^ritaanic majesl}'; and that the said line shall form the northern boun- dary of the said territories of the United States, and the southern boundary of the territory of his Britannic majesty, from the Lake-of-the- Woods to the Stony Moun- tains." This line, it will be observed, is a deviation from the boundary established by the 1 caty of 1783; for that wa.i to extend due west from the northwestern point of the Lake-of-the- Woods, withoiif any reference to its Intitv Ic. By this, we are, in tlie contingency named, to run by the shortest line from the specified point on the Lake- of-the- vVobds to the forty-ninth parallel of latitude. Whence, it may be asked, the solicitude to adopt this particular parallel, except as it corresponded with preiixisling irrangements, which could have been made under the provisions of the treaty ot Utrecht alee ? for under no other had any reference at that time been made to the saiu forty-ninth degree. This coincidence between the boundaries established by Great Britain and France in 1763, and between Great Britain and the United States in 1783 and in 1818, can scarcely b denying that the French title covered the whole country from that river to the shore-. of the Pacific Ocean. • . . , , i , i ,• * r The iiarties to the treaty of 1763 made partition of almost the whole continent ot North America, assigning'to England the territory east of the Mississippi, and nortl of the forty-ninth parallel of latitude. No claim was at that time advanced by Grea Britain to territory in any other quarter of this vast continent; a very pregnant con- clusion against the existence of any such claim. Her Government, ever vigilant for th- increase of her territory, with a view to the extension of her commerce, mani- fested upon the occasion of this treaty an avidity of acqui.sition which the continent was scarcely large enough to satisfy. Never very nice m scrutinizing the lounda- tion of her pretensions, nor over scrupulous in the selection of mean.s to enforce tliem, she was at this juncture in a position peculiarly auspicious to the gratihcatic;; of her alisorhiu"- passion of territorial aggrandizement. Conqueror at eveiy point, she die- fifed the terms of peace, and as.serted successfully every claim four.ded in the slight- est pretext of right. Still no title is either advanced, or even intimated, to possessions west of the Mississippi. , „ ., r< ■ Mr. Gushing, of Massachusetts, in a report from the Committee on l"oreign Relations, to the House of Jlepresentatives, made January 4, 1839, has the following APPENDIX. T A r'root Rrltnin or Great Britain and the United sentences : " As between f^^'^^iiStm^^^^^^^^ („{ boundary) would Slate., the successor o all tJyS^f,"^f\ersailles, already cited, m vvh.ch Great seem to be co.Kluded by t e t ea y ^^^^^^^ On the foot- Britain relinquishes. 7rrci;o«6/y. all i«» ^j j^jg^ England may pos ins of »he treaty of U''^'^'^' '' " J'', '^^^^^^^ from Hudson's Bay acros «;hlv. bv extension of contiguity, car yner | o . Versailles we possess th sibly. by extension of ^!^°"|;|"f,'90^!'7„r^; ffe t "aty of Versailles we possess the ^;LS^SS^ic!ur i^el to c^ o^r terntor^ across the cont.nent. south of that line, in the right of France. Louisianna, on the west, are confined It may. l^erhaps, be "^ ^^Jj^^^ i"; f^,' its tributories ; the extent of hr r cla.m. to the tenitory dramed by the M.^^'^^'PP' l'\ ^^.tricted to the country so drained, founded on the discovery of ^f^'^^;'' ; ''^l?empted may be safely admitted, with- The principle upon ^Y.^'ch this hmtation s aUempte^^ J^^^^^_ ^y^^^^^^ ^^^^, out in any degree atlecting the "«^\,;°;,„ "\,_.:g„ion !„ ncS. that Louisiana ex- Britain is precluded from -^^"^'"l^irJpi'^rd s" ond.f.ecause the principle be- tended indefinitely -e^^ ^r;/^^^ .™v of the' Mississippi by the French con- ¥;:;^;n^;ple upon -»>«^ this limitau.! isauemp^ ^ — ^-^ ,,,(, Great out in any degree atlecting the "«^\,;°;,„ "\,_.:g„ion !„ ncS. that Louisiana ex- S itain is precluded from -^^"^'"l^irJpi'^rd s" ond.f.ecause the principle be- ,nded indefinitely ^';««V nif Ae d s^V of the Mississippi by the French con- ,g of universal appicatioii. if the discovery oi j^^" ^,,^ discovery of the ne Louisiana to its waters «.f °f J? JS ■.inmhia bv the Americans Will extend their claim o ^^j^^^_ y^,^ Columbia by the Americans -lexte^^^^ Yet. by that great river west of ""'^e 'jou uams^ ^^ ^^^^^ expressed a wil- ly's ^r ?" - tSrdinV^^la. comLtee is sorry to say,) to conhne jiiigiK— \ u „„„r.,»pr limits. SPANISH TITLE. The Spanish claim to territory -'J-J^S^^^^^^^^ TolS upon prior discovery, for we f "]»' *>;^^,jSaS. e.xcept the temporary occupa- p anted by them north of ^^'p/^ni parallel oiiau. ^ -^^^^^ fl,,t a.gcovered f. -r Mi„.i.o s„nn( . bv Martinez, in 178». >"*^" ,, 'c n^r.t — ;-. nn,i mini Fe'd by thm north of the 42nd par,^^ Ln of NLk^.„Sound. b^^Ma.^^^^ J^,„,, ^j California, and upon So of N^ooii:; Sound bv Martinez in im ^/ - -«,fXcali,;nia. and upon and took possession "/ tfiec^try at tl e ^ad of the ^^^ ^^^ ^^^^^ the river Colorado, which empties into i, '«q™^,j ^^ ^„^ij except the natives, discovery and possession, ^Pf^/Xntrv Sed by that river and its tribiitaries. the paramount title to the whole ^^.^^IXJ^'"^ to be denied. Hence we find the deF^uls upon a principle ^0° ^veU seUl^ now t^^ Mexican territory extending with the a^ju^^^^^^^^ ^^^^.^^ ^^.^ ^^^ ^ ^^ of north latitude, in which the Colorado ^^f e^^*"^ ^ Great Britain under the it furni.shes a conclusive answer to the idle claim m p y ^^ ^^^ committee pretended discoveries o »'!; ,f '"''" '^^^^a^n de^^^^ 'latesof vaunted discov- fo encumber their report ^^f ..^^•^IL^^J^^^^^^^^ the truth of their reports, eries of early navigators. Little ^f [^"9«^" ' j ,/hich were seldom verihed by and still less upon the accuracy of their observations v^^^ ^collected that the com- the subsequent use of "\"^« P^^^^^^^f^^^^^^^^^^^ upon which the United States now mittee professes to give ^"' ^™f ^^V^^^^^ notice, all such voyages and relies, and wi I therefore pass over entirely, wiuioui ^j^^^. ^^^ Smiesas have, no direct bearing "PO»^'^\^\P ^J;, i7n Se leaVscrunulousof discovery of America, He-^^f'^Co empire of Mexico.Vnetrated ,„ ^^^ PacfTc Ocean, SStSf esSmtra7cuhS. on th^^^^^ "^Ks period till t543^ number of voy^sw^-Jetowar.^ with results wholly ""^Pf ^1'° ^^fcX lo who died before the termination vessels were placed ""''"^ZTdefoWed m^n Cholome Ferrelo, who.pushed of the voyage, and the ^°™"^^"'^„f7"EeT The committee refers to this expe- his discoveries as far >]"^'^^^^„tJn^TtS,hes another very satisfactory refuta- dition as no otherwise ™P<^^f .IJf "i^n^Ja by the British ministry, under the t.rs irvelyr^reyXe: oVaSWe. This greatcaptain and succe.ful ■.X-r^- APPENDIX. 71 bucancer, arrived in the Pacific Ocean in the fall of the year 1578 ; and dunng the following winter, having plundered the Spanish towns on the coast and the vessels he encountered on the ocean, he turned This thoughts to England. 1o avoid the Spanish ships, which would probahly assemble in .irfficent force to intercept his re- turn round Cape Horn, he resolved upon the route by the Cape of Good Hope. To avoid the westerly winds which prevail in the lower latitudes, he sailed north as far, perhaps, as the 42nd or 43rd degree of lalitihle. H.s crew here suffering from the cold, he a-ain turned toward the south, and, running along the coast, found a good har- bor, now San Francis«>, in latitude 38 degrees. Here he remained ,^"!^^, 'I"''' F^- T,ar ng his vessels for the voyage home. We pass over, as entitle to little belief and no consideration, the i.lle olier by the Indians anu the equally idle acceptance by Drake, in the name of Elizabeth, of tbo sovereignty ot the country Certainly it is scarcely possible to imagine titles founded upon weaker grounds than the discove- ri^s of Cabrillo, Ferrelo, and Drake But if Drake's voyiige be a basis of he British caim, Ferrello's is a belter of the Spanish, for it was thirty-six years anterior, and ^TanT^uc^aj'tStvice of Spain, in 1692, discovered and sailed through the r,tSin latitude 48 degrees, which now bear his name. 1 he account given of this vivage was many years consi.lered fabulous, and of the existence even of De Fuca there was no other evidence than some letters ot an Knglishman named Lock, written from Venice in 1596. The veracity and general accuracy of De tiica, how- ever, have been vin.licated by the re li iH^l APPENDIX. 73 hatiitants such thinp;!' as will remain as traces and testimonies of your having been there; but if you find the coiintrieH so diacovtrttl are uiiiiihabiteil, you are to take possession of them for his majesty, by setting up proper marks and inscriptions, as first discoverers and jmssessors." Tiie name of New Albion, j^iven in these instructions to a part of the coast, is wv\l calculated to excite a smile, when we recollect that it has no other warrant than the predatory voyai^e of Sir Francis Drake. We have said these instructions render it certain that it was no part of the object of Cook's voya;;e to acquire territory and cftcct settlements ; and we cannot resist the conviction that the name was selected, and the directions to ac(i\iire territory i)y negotiation, etc., were given .solely to jneclude this very inference, and not that they should be obeyed, for that is manifestly incom- patible with the positive instructions " to lose no time in exploring inlets or rivers, or upon any other accoinit." The jirohihition to lose any time, on any account, south of f)6°, and the direction "carefully to search for and cxi)!ore rivers and in- lets'" north of that ]iaiallel, .seem to justify the inference that the instructions to take possession, etc., could only apply to territory situated to the north of (i.'j^, where alone they were j)erniitted to si'i-nd'siiffieient time, and directed to make the snivi^ys necessary for that jiurpose. lint this inference becomes absolutely certain, when to the instructions we add the practical commentary of Cook's conduct under them. To this we now proceed. On the 7th of ISlarch, 1778, in latitude 44" 10' norili. Captain Cook first saw the " long lookcd-for coa.stot New Albion." All their effijrls to find a harbor or ef- fect a landing were baffled by tempestuous weather and contrary winds until the 29\h, when they found an inlet ami safe harbor in latitude 4U° T.i', now called Nootka Sound. This jjoint is the .same visited and examined by.luan I'erez, in 1771, and ■which he called I'nrt San Lorenzo. Of the natives. Cook says : " They showed great readiness to jiart with anything they had, and took from us whatever we of- fered in exchange, but were more desirous of iron than of any other of our articles of commerce, appearing to be jjerfectly acquainted with the use of that metal. Sub- sequently, he ascribes " their great dexterity in works of wood to the assistance they receive from iron tools." Whence did these savages, cannibals, as they are represented, derive their know- ledge of the use of iron, and cd' the mode of converting it into toids .' If there be any difficulty in answering this question, there can be none in as.serting they did not de- rive it from the British, for on their arrival they found the iron and tools in common use. Cook, foreseeing that he was exposed to this embarrassing interrogatory, seeks to avoid the only reasonable solution, in referring to the previous visit of the Spaniards, by saying, " Iron bein^? familiar to these peojile, it was very natural for us to si)eculatc about the mode of its being conveyed to them." In the course of this speculation, he indulges in a variety of conjectures not very probable— as that the iron came from the north. If so, it must have been from the Ku.s.sians, who, at that period, had not penetrated so far south ; or from the English .settlements on Hudson's Bay, which may be pronounced impossible. He does not hesitate to assert that the Spaniards (the account of whose visit to this coast in 1774 and 1775 he ad- mits had reached England before he .sailed) did not introduce the iron at Nootka Sound. He adds, with great simplicity, that it cannot easily be determined " whe- ther these things be introduced by way of Hudson's Bay and Canada, from the In- dians who deal \yith our traders, and so successively across from one tribe to ano- ther, or whether they be brought from the noithwestft-n parts of Mexico in the same manner." He rejects the only probable supposition, that the Spaniards, who un- questionably were there in 1774, left this iron in exchange for skins, and resorts to an idle fancy of its having been transmitted from the English or Spaniards, through the inteiTCntion of numerous and hostile tribes of Indians. This iron may have been left by the Spaniards for the same purposes that Cook was directed to leave that, or sinjilar substances — " to remain as traces and evidences of their having been there." Several articles were found, of which the " materials certainly were Euro- pean"— such as brass ornaments, of which it is said, if not from Canada, they " must have been introduced at Nootka from the quarter of Mexico, from whence no doubt the two silver spoons met with here were originally derived." Here is proof, which I fmtii I 74 APPENDIX. bv another Kurojieau Power m wh'ch event, ny i j ^^^ ^^^,^^ ^^^ cUwas prohibited f^.°";^»,ton^"Tra^ an] evi E that the Spaniards had brass ornaments, the 8dv<^-sp(^ons, traces a ^^ instructions, took in been there. Under the.e '•''•'^"'^^J^"'='^',i''jTe.Y^ there from March 29 to „ i,.,pply of - wood and water," »"''• ^"'^""f!'. ^^, .^T'ssion in the " name of his Ipri^ifi. he gives no '"''-"f '"» °i,,^,^"."| ^\1*^^ oSeT?^^^^^^^^ "orth. In June majesty." as he -> hse^quently -d ^^^"^ ^e^^^^^^^^^ „'f „ „„e river, which, after following, m latmule «' ^^'^ •J'';'*'X™ 1 "his •• rivercapabfe of extensive inland his death, received h.s own name .^X 3 ''there to display the flag, and take navigation." Cook sent Mr. Kmg '? ^he ' am, ,, i- performed this Joss^ssion of the country and ";«■• '"/"^ ^^ ^Lrn voy i" whic'h we have no fdle ceremony, the e^^^dition prosecu ed J n^ ^^^ .y , interest to accompany it ^.""^^, "/^f jhe v li.lity oi tlie title ac-iuired by Cook a iKr"i.fth*fa"rih^!::i82'/^^^^^^^^^^ Hu-- pos.ssions to extend ^^^/eha've t"™ that Captain. Cook ^-t touf d th^^^^^^^^ spring of 1778, and could thus acquire no ^.'f ' f^ P"^;,' X^ the British. sS whose vessels had visited the «=^'"^ ^""J^'Xe/rval d S to the country on of the convention of Noo ka So"nMh« 'tl^^ ^j^^^ ^^^ ,,i „f If this reasonuig be worth ^"{^^l"? '• V'l no rSwould have been ac(iuired under Spain thus acquired was good ; ,°; '^ *'^J;^,3e w Spain, to ascertain the e.xtent it It is necessary to look into the act of 8""enaer ^ \ ! ^^ ,^^8 actually of the British right under it; f"/ ^^XTs, ain remSo^ to all her territory not surrendered. In other words, the title of Spain remams go ^^^^^ ^^^^.^^ surrendered. Jh^rf,"af "Vhe^SowL^ " ra^^ all that was to be Banca. dated May 2. 1791. The ""^^^^^^ ^™ ^^cer. who will deliver this restored: " You w 11 ^ive d>rect.ons that h.s "^^J«;^ « ,^j , ;„ j ji,t,ict8 or parcels letter, shall immediateTy be put mposs^ss,^^^^^^^ .^ of land which were occupied by the subje ^^^ o ma , | j^^ ^^i^i ,„ be called well in the port of Nootka S/^^J^^^^^J^n Sues dTstant from the former, to the Port Cox. and to be situated ^b°ut f xte^^^^^^^ southward; and that such parcels or d^^ricts^ollancl.ot ^^^^ f,ow cautious were dispossessed, be restored to the sa j officer. It ^^^^ ^j ^„y ^.i^,,, ^f Spain was i^s";^"'^'^'"^/^ .^^^^e; as to e.xciUQ^ the possession of certain dominion in the Crown of Gveat Britain, and ^"""^"^K ^^^ ^^^ Scares, who tracts or parcels of land by M««^^ King Maquinna "most gives us the extent of bis grant m '"f 'O''"^!; ^ • u: territory, whereon a house Ldily consented to grant us a spo o f^^^^^ ^l intended to leave behind." might'be built for the accommodation of the people we ^^ ^^^^ ^^^ This looks very httle like a" " «" '™ °^ f^jErconsidered it a temporary estab- possession of the country ; and t»f .^J'^'^f ' i^'^M^quinna, that when they finally lishment only, is ckar from h.s hav'^S.f™™ iSnhe house and all ttie goods left the coast, he.should '.enter ntofupossesm^^^^ house were ever built: but thereunto belonging." It is a ' "'«,f ™^^^^^ lot to a British sub ect is ii^^vTifdertiirsr^o^^^^^^^^ %tain Vancouver was -t to receive tj^. ^de.b- the sime construction upon the letter oJCount Florida Banca^^^^^^ , ^j ,^j .r--— ^■s«tTW---':-* ><>->*«W*w^-V.<^*'''««« «**«i«9 Up (liRcovcrcd a sail, which soon Vancouver mfonns u« that " ^ ' ,y,;;L.;,V'''.s",c proved to he the nliip nineteen months ; and this brings us to the AMERICAN DISCOVEIIIKS. . Vancouver .nt a hoat on .-l^of .iJ^^^^Ift W ^^11^:1^^^^?^ all modern .riter. ^^^^^^o^U^l^^^^^'!^^^^^ as to prevent of a nver m ;it,tudc 47 10 ^^'':- f ^^;^.,°"^7,, , ^ ..^his wa« probably the opemng ^irrllvl on tlle'foSi^n JZ^^ a;>d was apparently inaccessible, not from }l,e' current, but from the breakers tha\"^" '^^^1^ until he was informed by So Vanr-ouver had no idea of there lienig a rmr 1""'- "' ' ' . ,. , ; ' of several citizens o Hu,,ton, lor tht prp^^^^^^ learn that on the 11th J^'S^lv'T!^!^ (^;;:;"i^^ ^SeieJu. 'mZJ of tl. Coluimda ; and^ cros. ?SttS"foImd tills to be a'large river of fresh water, up wh.ch he stee.ed. "•^ '^V^S Gnv IS'^.'S to discover the Columbia river, it is believed, is ^iight^est ^legree weakening their -f^t ?rowmg mU o the >-> y^ Whatever """• "^-S llv ^>';^£ t; cirt om S^iS^rSrlhe right shall he in him. ^"irrso L xp ion wh ch was placed under the direction of Captains Lewis anlmSwIlsl^lLned by Mr. Je«brsL arul ai;|;^oved^ by Cc^e. wjo^uj the necessary appropriations for carrying it into ettect. 1 tie ? >]eci w. » u , Eourf to^t^s sLrce in the Rocky fountains and crossu^l^^^^^^ to expto^ the Columbia from its source to its mouth m the Pacihc 1 his (tuty w« pti BaHW<£4a«H>KWf^nAO»J APPENDIX. 7T liy tnose officers with great intrepidity, judgment, and fidelity; their journal furnish- ing ii larKeaninunl of useful information relative to the geoi^riiphy, the fiulian trihew, and the animal, vegetable, and mineral productions of those vatit regions, llavint? cros^sed the mountains early in October, 1805, they deHcendt'd, in their canoes, f.cwiH liiver to its junction with the Columbia, and down that river to its mouth, where they arrived on the l-lth day of November. Having selected a proper site, they built the houses neces.sary for their accommodation, and a fort for their jirotection during llm winter, which was i)assed in making such examination of the surrounding country as the season woulii permit. Early in the spring, lieiiig scri(Uisly apprehensive of want of provisions, they anticipatiul the jieriod originally lixed for their return. He- fore leaving the country, they gave certificates to several of the chiefs, as " traces and evidences" of their having been there. With the same view, a pujier wasal.'o posted up in the fort, to the following ellect : " The object of this last is, thai tbiough the medium of some civilized person, who may see the .same, it may be made known to the world that the party consisting of the persons whose naniei* are hereunto an- nexeil, and who were sent out by the (iovernment of the United States to exjilore the interior of the continent of North America, did penetrate the «ime by the way of the Mi.ssouri and Columbia rivers, to the discharge of the latter into the Pacific ocean, where they arrived on the 1-lth day of November, 1806, and departed on the 23rd day of March, 180(!, on their return to the United States, by the ,«ame route by which they had come out." On their return homeward, they liivided into two par- ties: Captain Ixjwis carefully exaniininf' (Clarke's Iliver and it.s |)riiicipal branche'S; while Captain Clarke, crossing over to the V'ellow St(Uie, descended that river to it.s junction with the Missouri, where the two parties reunited; thence they iiroceedej to St. Loui.s, and the two officers reached Washington in February, 1807. The prac- ticability of croFsing the Rocky Mountains being thus satisfactorily established, the attention of our citizens w;is attracted to this quarter by the quantity and quality of the furs, wliich were .said to be excellent and abimdant. " The earlie.st attemjils made by citizens of the United Stales for similar purposes (trading establishments) were those of an association, formed at St. Louis in ISO.'*, called the Missouri Fur Company. At its head was an enterpiising Spaniard named Manuel Lisa, through whose exertions, chiefly, several trading posts were, within the two ensuing years, established on the Upper Missouri, and one beyond the Rocky Mountains, on the head-waters of the Lewis, the southern branch ot the Columbia. The post on the Lewis appears to have been the first ever formed by white men in the country drained by the Columbia.* The enmity of the savages in its vicinity, and the difficulty of procuringa regular supply of food, however, ooliged Mr. Henry, the superintendent, to abandon it in 1810." In the same year (1810) Mr. John Jacob Aster, of New York, formed an associa- tion for the purpose of occupying positions on the Columbia River favorable to a successful prosecution of the fur trade. It was known as the Pacific Fur Company. The plan was to divide the forces intended for this enterprise ; to send part by sea round Cai)e Horn, and part by land across the continent. Accordingly, the shij) Tonquin, with the first detachment, sailed from New York in 1810; and in January following, the second detachment left St. Louis, under the direction of Mr. Wilson P. Hunt. The Tonquin arrived at the mouth of the Columbia in March, ]«1 1 , and establish- ing their princijjal factory on the south bank of the river, they gave it the name of Astoria, made familiar to every ear by the elegant and interesting narrative of Mr. Washington Irving. As the object of the committee is only to show the continuiil claim and actual pos.session of the territory, from the time of its discovery in 1792, it will not further our design to give an account of the commercial and trading trans- actions of the association. They occupied Astoria, and their different hunting and trading establishments on the river, until the 16th day of October, 1813; having thus been in actual possession from March, 1811 — two years and six months. At the latter period, having received information, upon which they could rely, tliat a British * Greonhow. — Permanent post must be meant; for Lewis and Clarke had erected Fort Clat- sop, in 1806, as we have soon, at the mouth of the river. : t 78 APPENDIX. force was approaching forcibly to dispowMHs them, the managers sold "all the eBtab- li8hmcntH, furs, and proprrty," to the Northwest Company. The rt'i)ort f)f the ap- proarh of |i BritiHh force was ^oon veritied ; for, in Decemlwr foijowin)?, tli. |{,-ickoon Britiith sloop of war arrived at Astoria, of which ('aptain Hlack took possession, Buhstituted the Kn^^lish for the American flag, and changed the name to Fort (ieorge. From this narrative, it a|)pear8that the Americans were the first tn discover the river Columbia, and first to take posscsston of the territory through which it jiasscs. The rominittee has no douht that the United States haa thus acquired a title to that whole territory, of more validity than that oi any other nation. As the British Govern- ment now refuses to acknowledge the claims of the United States citln'r to the origi- nal discovery or jmssession, (the iliseoveru wiit admitted Inj Vantouvcr,) the com- mittee will advert to the facts and resutonsny which they justify this refusal The (iretensions of Captain Gray to the honor and right of the discovery are con- tested, because it is alleged that, at the same time, Alexander Mackenzie, a British subject, discovered the northern branch of that river. If that alleg;»tion be true, it certainly produces some dilficulty. That it is not true, we have the testimony of Mackenzie him.si'lt, who has left us the only account of his travels. IVare Jlivcr rises ill the Rocky Mountains in latitude S.i"^, and, running generally a northeast course, empties into Slave Itiver in latitude 59°. The entire river i.n cast of the mountains. But on this river Mackenzie tells us ho spent the winter of 1792-93; that, for the accommodation of his party, on the 7th of December, 1792, he "set all hands at work to construct the fort, build the hou^te, and form store- hou.scs," at a point which he ascertained, " by various observations," to be in latitude 59° 9' north, and longitude 117° .15' 15" west. This place they left on the Olh of May, 1773, anil, ascending Peace liiver on the 17th, came in sight of the Rocky Moun- tains. We have seen that, in May, 1792, Gray had discovered the mouth of the river — that, so far from the river being simultaneously discovered, the American di.scovery was at least one year before the British, even if Mackenzie ever touched the river. His own account gives no reason to suppose that he did. He says that, after crossing the Rocky Mountains, he came to a large river, v ' lie descended for .several days in a canoe ; but, becoming discouraged by the ditii, i;s of the na- viption, he determined to make an effort to reach the Pacific Ocean liy land. Kor this purpose he returned up the river to a point from which he had resolved to ad- vance west by the shortest route to the ocean, where they arrived July 22nd, in lati- tude 52° 23' 43". This river, he tells us, was navigable, and, by his account, he reached it in about 56° north. None of the sources of the Columbia are north of 54°. The source of the Columbia is directly south of the source of Peace River; but the object of Mackenzie (to reach the Pacific) would carry liim west, and not south. The Columbia is known not to be navigable at any point where it is possi- ble Mackenzie could have touched it. The river asserted to be the Columbia he left on the 4th, and arrived at the ocean on the 22nd of July — an interval in which it is impossible they could have performed the journey, which could not have been less than four or five hundred miles in the most direct route. Mackenzie's general cour.se from the river was southwest; and yet he informs us that, on the 10th, af- ter six days' travelling, he found the latitude to be 53° 4' 32", which is nearly as far north as any of the sources of the Columbia. For these rea-sons, the commit- tee is led to the conclusion that Mackenzie did not see the Columbia Rivet He himself admits that he did not do so until June, 1793, leaving Captaii Gray the undisputed discoverer. The committee submits the following extract of Mr. Greenhow's Memoir, upon the dis]nited question of prior possession : " With regard to Ihe priority of their discoveries, the plenipotentiaries of Great Britain, in the statement presented by them to the American minister during the negotiation of 1820, make the following obser- vations: ' In reply to the allegations, on the part of the United Suites, that their claim to the country is strengthened and confirmed by the discovery of the sources of the Columbia, and by the exploration of the course of that river to the sen, by Lewis and Clark, in 1805-'6, Great Britain affirms, and can disti..ctly prove, that, if not be- fore, at least in the same and subseqjient years, her Northwestern Trading Company had, by means of their agent, Mr. 'Thompson, already established their posts among g«ge»»w*gjQ iiiw< 'i ' j^s»>tMir- APPENDIX. 19 the FlatbPdil mill Kootanic tribes on the head waters or main branch of the (.'olum- bia, and were gradually oxItMnlini? lliein down the principal streams of that river ; thus Hiving to (;r>'al Hritain in this particular, as in the discovery of the toouth of the river, n title of jiarily at least, if not of iiriority of discovery, as opposed to the dniled States, It was from these posts that, having heard of the American cstaMi»h- ment forrninn "» •''^' ' '■»* ••": mouth of the river, Mr. Thompson hastened thither, de- scendiiii; the river to ascertain the nature of that establishment.' As the words ' in the same and Bubse(|uent year,' are rather indefinite, the dates of the occurrences above mentioned will he slated somewhat more exactly. Lewis and Clarke reached the Pacific ocean, afler exjiloriiig the Columbia Jtiver from one of its most eiu«tem head waters in the Rocky Mountains to its mouth on the I5lh of November, 1H05. In the .spring of 18(m, as will heudter be shown, Mr. Simon Frazer, and other persons in the employment of the Northwest Company, crossed the Rocky Moun- tains through the great gap near the 56th degree ot latitude, and established the first British trailing po.st west of tliiil ihain, on Prazer's lake, about two degrees further south ; but no evidence has been obtained that Hrilish subjects had ever visile 1 any part of the country iliained by the Columbia, above the falls of that river, before the summer of 1811. In that year, Mr. Thompson, astronomer of the Northwest Company, and his party, on their way down the .stream, for the purpo.se of antici- pating the Americans at i.s mouth, did build some huts on the northern branch, and did there open trade with the Flathead and Kootanie Indians ; and from these jiosts Mr. Thompson did, indeed, hasten down to the ocean, where he, however, found the citizens of the United States in full possession." Suppose the possession by Thompson and Lewis and Clarke to have been simultaneous, iw alleged by the Hri- tish ministry, the committee is clearly of opinion that even such possession, strength- ened by our prior discovery, gives us the better title. Having thus established in the United States the priority both of discovery and possession, the committee proceeds to a consideration of the events which followed the occupation of Astoria by the British, in December, 1813. By the first article of the treaty of Ghent, it is agreed that " all territory, places, and possessions, whatso- ever, taken by either party from the other," etc., " shall be restored without delay." Astoria, having been taken from the Americans during the war, was included in the stipulations of this article, and was restored to the United States, through their agent, J. B. Prevost, Esq., in the following manner: " In ol)cdience to the commands of his royal bigness the Prince Regent, signified in a dispatch from the right honorable; the F^rl of Bathurst, addressed to the part- ners or agents of the Northwest Com,)any, bearing date the 27th of .January, 1818, and in obedience to a subsequent order, dated 2Gth of .July, from W. H. Sheriflf, E.sq., captain of his Majesty's ship Andromache, we, the UBilersigned, do, in con- formity to the tirst article of the treaty of Ghent, restore to the Government of the L'nited States, through its agent, J. B. Prevost, Esq., the settlement of Fort George, on the Columbia iliver. Given under our hand, in trijdicate, at Fort George, on the Columbia Iliver, this 6th day of October, 1818. " F. HICKEY, Captain of hU Majesty's ship Blossom "J. KEITH, of the Northwest Company.' I do hereby acknowledge to have this day received, in behalf of the Government of the United States, the ])()sse.ssion of the settlement designated aliDve, in conformity to the first article of the treaty of Ghent. Given under my hand, in triplicate, at Fort George, Columbia Uiver, this 6lh day of October, 1818 " J. B. PREVOST, Agent for the United States." . It is true that, iu the dispatch of Earl Bathurst, and in Lord Castlereagh's in.struc- tioos to the British minister at Washington, a reservation is made, that the surrender I •0 AITFNDIX. of posfW!Mion Hhniilil not ))c dpi'mcil an iiilminHion of the absolute nml vxcliixivn n'Kht of (Inniinion cliiiiniMl liy tli>- (Tiiildil Stiitcr* ; but at tlx; wunf time, in cxiilimntioii to Mr. Uii!th, aH Ntatot in a |)ublir dispatch, " [..ord ('n.-ttluruat^li adinitlcd, in ibi* \umt nin|)lc extent, oar right to lie reinstated, and to Iw tho party in [KinHeitrtion while treat* in(i; of the title.'" Ndtwitbstaiuliiin ihi.s prolent nKninxt any inference favornbln to our title from the ri'Htoralion oi' the territory, that restoration, and the ndinis.'iion of Lord Castle. iea;?h of our ri){hl to the posHe.s»ion diirini; the roiitroversy, are roncluMive ol Homo facts very important to an equitable settlement of the rii^htH in dispute. In the lirst place, it proves the AmcricanH to have hven in iio.ssession in June, 1812, at the dec- laration of the war; for .such places only were to be restored as were taken dnrinir the war. And, in the second jilace, the act of restoration, and the admisjHionof I^oiu Castli^ri'iij^li, establish the important fact that we are actually in possession now; for they reco^;iiize our rij^hl to the |)oss«!ssioii while treatin|i; of the title, which trcatinjj, unlortunately, ha.s not yet been brought to a close. The elii'Ct of the surrender of Fort (Jeoixe was to restore the United States to their position before the cniitiire, reinsliiting them in all their territorial rii^hts, etc. To determine what was restored, we must (iret ascertain what was surrendereil. Tbc act of surrender designates it as " iIk; s(!tllem(Mit of Fort (Jcorife, on tlic Columbia River." The (jiiestion recurs, what was embraced in tiie .settlement of Fort (Jcor^e .' Certainly somethiiiij be.siiies the fort it.self. The terms of the act imjily tliat the re.s- toriition extended beyond the site of the fort. Tiie extimt of tin- settlement of Astoria fFort (ienifte) depemls uiioii actual occupation, intention clearly manifested to extiunl that occupation, and princi|)le» of law by which the limits of settlements in new countries are delined. The di.scovcry of the Columbia by (]iay ; the jiublic mission of f,e\\is and (^laike, who twice traverseil the whole breadth of the territory, spent the winter in a temporary fort, which they built on the bank of the river, and look formal |K)ssc»sion, by the authority, in the name, and at the expend! of the I'niteJ States, constitute a title to territory lieyond the mere line of march and the (ground occupied by the fort. The rij^ht of our citizens to form settlements was coe.xtensive with the territory covered by this title. We have already seen that the di.scovery of a river nnd actu.il possession within a reasonable time pive the right to form settlements on every part of the territory wa- tered by the river and its tributaries. This right may be surrendered, or it may be forfeited by non-nscr. There is no pretence that in this case it has ever been sur- rendered, nor ran a forfeiture be Huccessfully urged. This jirinciple will carry the northern boiimlary of the United States west of the Rocky Mountains to about r>V. This will be the northern limit of the title acquired by the discovery and posses.sion above referred to. There is another principle by which the extent of the right of our people to form settlements in this territory may be ascerlaineil. It is settled that the nation which takes possession of unoccupied territory .icfiuircs the right to form settlements of its people in every direction, over one-half the space intervening between the point of such actual possession, and the settlements alre.ady made of any other organizeif community. How will the recognition of this principle affect the present inquiry .' The position occupied by Lewis and Clarke, (Fort Clatsop,) and Astoria, are in lat- itude 16° 18'. The most southern point of which Cook took jiossession, thougli no settlement followed, was at the mouth of Conk's River, in latitude 61° 30'. The in- termediate point between the mouth of Columbia and Cook's River is 5,3° 54', and this would be our northern limit. The e.vtent of our right under either principle would be nearly the same. The committee proceeds to exhibit, from the bet information withifv its reach, how far this right of settlement by citizens of the United States has been actually exer- ercised. Mr. Astor, in a letter to the Hon. .J. Q. Adams, then Secretary of State, dated New- York, January 4, 1823, states that his phm in 1810 was to make an es- tablishment at the mouth of Columbia River, which would .serve as a place of depot, and give further facilities for conducting a trade across this continent, to that river, * * Cuihing'i Report. ' ' ' ' ■^^*v .^v<-^^^.»»vj. =i3iEiw»ir»Tiiirva'jiy»g>CTwaw».»s-:aS«5P"~^ fiT""^"" APPENDIX. •t •te. Wo have already stated thnt the nueiiU* of Mr. Adtor, apnrehcnilinn an invaitioa from ft British force, sold the estubimliiriPrits.ctc., to the Northwest (^oinpiiny. The article of unrecmcnt for this purpose throws some lif^ht upon the extent of the coun- try nctunily in the occiipiUion ol the AmericiiMi*. It is.dated the liith day of October, 1HI3, and recites, that un association hiul heretofore curried " on tiie fur tratle to the Columbia River anditsdeiH'ndencies, under the firm and denomiimtion of the racific Pur Company." The first articles covenant, etc., for the sale and delivery "of the whole of their establishments, furs, and present stock on hand, on the Columbia and Thompson's Rivers;" and the fourth article refers to "John Ucid'.i adventure, and Freeman's, in the vicinity of Snake country and Sjwnish River." (he of the wit- nesses to this agreement is Alfred Seton, Es(iuire, now a resident of the city of Nevr- York, A letter was addressed to him, asking information of the number anil loca- tion of Mr. Astor's establishments. Mr. Seton was one of the young nien selected by Mr. Astor to carry out the extensive plans which he had lormed for e'ltablishing a trade in these vast regions. lie is a gentleman of education and chainr'.er, and participated in the events he relates. His reply is dated at New- York, '2tilU March, 1842, of which the following extracts are applicable to our j)ref!cnt puipose: " Thompson'* River was the north branch of the Columbia. In the common par- lance of the country, among our jicople, the southern branch of the Columbia, by which I^wis and Clarke went down to the main river, was tailed I.*wis's River. So the northern branch was, by the nortliwesteis, culled Thompson's River." " The post or establishment alluded to in the treacherous agreement for the trans- fer of Mr. Astor'fl property was that of OkenagE.n, eslabli.shed by David Stuart, of the Pacific Fur Company, m the autumn of 181 1, and situated about 150 or 200 miles U]) Thompson's River, or the north branch of the Columbia." Mr. Seton proceeds : " I will try to convey to you some sort of ideas of the country, and out of tnese you must pick, if you can, the information you require. Lay before you the map ap. pcnded to the second volume of Astoria, follow up the south branch of the Columbia, or Lewis's River, until you come to a tributary stream called the Kooskooske. This little river, you will see, runs from a spur of the Rocky Mountains. Lewis and Clarke embarked on it, where it first l)ecoracs deep enough to swim a canoe, and floated down to the south branch of the Columbia. This south branch, from the mouth of the Kooskooske to the forks, being the only part navigated by Lewis and Clarke, is called Lewis's River; above the mouth of the Kooskooske, it is called the Snake River, and the adjacent country the Snake country. The Indian name for this part of it, however, is the Camoenum. The Pacific Fur Company established a post at the head of the Kooskooske in the summer of 1812, and nearly where Lewis and Clarke built their canoes. This was located by Donald Mackenzie, of whose party both John Reid and myself were memliers. In our various exploring expeditions, to make ourselves practically acquainted with the fur liearing properties of the couiitry, it was my lot to take the route from the mouth of the Kooskooske, along the Snake or Camoenum River, to the west." " Mackenzie explored the region of the country north and west, lying between the Kooskooske and the northern branch of the Colum- bia, (called, as before said, sometimes Thompson's River, and laid down in the map referred to, as Clarke's River.) This region was i ailed the Spokan country, and in it he found Mr. Clarke, also a partner of the Pacific Fur Company, already established." " John Reid went to the eastward, if I remember rightly, to look at the country in that direction." " At the time of the transfer of Mr. Aster's property, the posts actually established were — " 1. Astoria, near to the seacoast. " 2. Okenagan, at the confluence of that river and the north branch of the Co- Iiunbia. " 3. Spokan House, on the river of the same name, and with the Spokan Indians A branch of this establishment had also been pushed further west, in the Flathead country, and among the Coutonuis Indians. " 4. A post, as before mentioned, ou the Kooskooske. " 5. One on the Wallamette River." These posts, established in all parts of the territory oa the Columbia and its prin- I r i 82 APPEm)IX. cipal tributaries, at intervals of several hundred miles, and with water cur^tnunication Ijetween them all, constitute all the i)ossession which the Pacitic Fur Con.iany had it in its power at that time to take, and all that was required by the laws and iisages of European nations in actjuiring territory on this continent. 'I'he inchoate title in the [Tnited States, by the discovery of Gray and the exploration of Lewis and Clarke, was perfected by the actual setlJoment and occupation by Mr. Astor and his associ- ates. Althouofh a title ■ Ky discovery, without possession, may be lost by lapse of time, yet the title of the United States, perfected as this was by the actual possession and settlement of their people, could not be thus lost or divested, except by conquest or agreement. Ii the posts aMOve enumerated were included in the capitulation of Astoria, then they are within the provisions of the twaty of Ghent, and were restored with it ; and of course thero was no conquest. If not included in the capitulation, althrugh the American parties (cut off from their depot) wre withdrav n, our title is noi lost, for there is no pretence of an agreement for its surrender. The territory be- longed to the United States ; was not open to the colonization of any foreign country ; nor has the Northwest Company any rights there, except .such as were conceded by the conventions of 1818 and 1827 — no right of domain in them or dominion in their government. The committee proceed to inquire, what vf the consequences of this actual posses- S'on, coupled with the right .' The restoration absolute, but for the single condition t (lat it shall not be used as evidence in the discussion of the title, and the right of pos- s's.sion perfect in its character, limited only in its duration, constitute, during the con- ti.'uance of the latter, a complete title. We learn from Valtel that this right of possession comprehends two things: " 1. The Jomain, in virtue of which the nation alone may use this country for the supply of its ncressitics, and may dispone of it in such manner and derive from it such ad- vantages as u ui'nks proper. 2. The empire, or the right of sovereign command, by which the nation oiJoins or regulates at its pleasure eveiything that passes in the country." The following pamgrapli i.s exactly apjilicable to our presentcasc : " When a nation takes possession of a country (our possession is admitted) that never yet belonged to anotli»r, it is considered as possessing there the empire or sov- ereignty, at the same time witi» 'he domain." All the powers and authoritie • of government are comprised in the right of empire, which Vattel informs us accompanies the possession. Brt if the authoiity of Vattel be rejected, reason and argumeiit lead directly to the same conclusion. It will scarcely be contc ..ed that the pos.sessijn thus restored was a mere naked possession, confer- ring no i,'9;ht3 upon the Unitjd States. The power which was competent to send Mr. Prevost to receive and .acknowledge the act of restoration might certainly have .sent a battalion of troojis to tiuve marched into the viicated post, and to have restored tlio Hag of tlio United Stn'.es. In such an event, who that knows the iviUless and enterprising character ol oui people will hesitate to believe, that long ere this large and llourishing settlements would iiave been formed in every part of the territory ' We say in every part of the territory, for the ])ossession of Astoria, at the mouth of the river, was a virtual po.s.session of the whole, and the restoration of Astoria was a virtual restoratinn of the whole. If such settlements had been fonned by citizens of the United States, it would have become not only the right but the duty of < ur government to have extended to them the protection of our power and the bene.*its of our laws, otherwise they must have been settlements without laws; for if the United Slates, in [wssessionjiad not the right of empire, no other government, out of possession, could lay claim to any such right. This course of reasoning might be greatly extciidwil ; but the cominittn'', throwing out (he.se few hints for the considera- tion of the House, proceeds to the examination of the conventions of 1818 and 1827, to ascertain if the right of empire, thus in the United States, has been, by anything therein contained, divested or regtricted. By the Miird arlidc of the convention of 1818, " it is agreed that any country that may be claimed by either party on the northwest coast of America, westward of the Stony Mountains, shall, together wi'h its harbors, bays, and creeks, and the uaviga lion of all rivers within 'he same, be free and open, for the term of ten years from the Mf!.:*!*."^ - .*. .-^MtiVuif^ .rrwwf^r— «|; APPENDIX. 88 nmunicabon jn.'iany had 1 ana .isages te title in the and Clarke, d his associ- by lapse of il possession by conquest ipitulation of ivere restored capitulation, n, our title is ; territory be- eign country; ) conceded by linion in their ictual posses- iigle condition e right of pos- uringthe con- 3 things: " 1- for the supply im it such ad- command, by : passes in the admitted) that empire or sov- •ight of empire, lority of Valtel It will scarcely session, confer- npetent to send ; certainly have o have restored [he rootless and ig ere this large )i the territory ' it till' mouth of cf Astoria was ■med by citizens the duty of < 'ir and the iienertts aws ; for if the irernment, out of soning might be )r the considerii- 1818 and 1827, >en, by anything any country trmt vfestward of the , and the uaviga >n years from the date of the signature of the present convention, to the vessels, citizens, and subjects of the two Powers ; it being well understood that this agreement is not to be con- trued to the prejudice of any claim which either of the two high contracting i irties may have to any part of the said country," etc. By the first article of the convention of 1 827, it is agreed that the provisions of the lirst article of the convention of 1818, above recited, " shall be, and they are hereby, indefinitely extended and continued in force in the same manner as if all the provi- sions of the said article were herein specifically recited." By the secohd article it is agreed, " it shall be competent, however, to either of the contracting parties, in case either should think fit, at any time after the 20th of Oc- tober, 18?.8, on giving due notice of twelve months to the other contracting party, to annul and abrogate this convention ; and it shall, in such case, be accordingly entirely annulled and abrogated, after the expiration of the said term of notice." The third article saves all rights and claims of the parties. The first remark we h. ve to make upon these articles is, that they contain no reference whatever to the possession, which, by the treaty of Ghent, and subsequent acts under it, was ac- knowledged to be in the United States, in the mo.st formal manner, and which could not be divested except in a manner equally formal, or by the consent o!