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Mr Greenhow, the author of the ** History of Oregon and Califor- nia," has published a pamphlet, dated Washington, April 1845, entitled, ** An Answer to the Strictures of Mr Thomas Falconer, of Lincoln's Inn, on the History of Oregon and CiJifornia." In no- ticing this answer, it is convenient, for the sake of brevity, to take each of the complaints of Mr Greenhow separately. 1st. Mr Falconer preferring, in every instance in which it was practicable, to use American authorities, has, in his argument on the Oregon Question, cited from the " History of the Federal Govern- ment," written by Alden Bradford, LL.P., Editor of the Massachu- setts State papers, the following passage respecting the extent of the purchase of Louisiana from France by the government of the United States : — " The purchase included all lands * on the east side of the __ Mississippi River (so as to include New Orleans), not then belonaing to the United States, at far as the areat chain of mountaint which divide tne waters runnina into the Pacific and those falling into the Atiantic Ocean ; and from the saia chain of mountains to the Pacific Ocean, between the territory daimed by Great Britain OH the one side, and mf Spain on the other." The words in Italics are placed between inverted commas, as a cita- tion, by Dr Bradford himself ; they are not the words of Mr Falconer. Mr Falconer, adopting Dr Bradford as his authority, cites the passage as expressing the terms of an agreement to which the Treaty of 1803 for the purchase of Louisiana gntve validity ; and so far a conveyance of Louisiana in these terms, under the treaty. Whether he is correct or not depends upon the value of Dr Bradford's authority. Mr Greenhow does not say, that the auotation is incorrect, nor does he deny the statement of Dr Bradford. There appears to be no reason to doubt that the passage was part of the officiid terms of the sale of Louisiana. Mr Greenhow states, Iio wever, that " his surprise was great on finding that Mr Falconer had presented this passage as a stinulation in the Treaty of October, 1803." The £act is, that Mr Falconer, in his work " On the Discovery of the Mississippi," &c. referred to the passage as part of the terms of the Treaty; but in his first edition (p. 10), and in the second edition (p. 11), thinking he might be misunderstood, he speaks of it as part of the terms ** of the agreement" for the sale or Louisiana. The terms are not in the Treaty itself, for the reason, perhaps, which induced Mr Jef- ferson in 1807, three years after the purchase of Louisiana, to fear that any allusion to any claim extending to the coast of the Pacific would be offensive to Spain (Greenhow on the Oregon, p. 282). But Uiough the citation is not in the Treaty itself, it does not follow 2^ that it is not part of the agreement on which the Treaty is founded. It is thus represented b^ Dr Bradford, and Mr Greenhow does not say that the passage is in any respect inaccurate. 2ndly. Mr Falconer has shown, that prior to the exercise of au- thority in the Oregon Territory, under the orders of the govern- ment of the United States, the government of Great Britain had ** taken possession" of it, and ** that the ' taking possession' of a new country by persons officially authorised — ^and no private person could assume the authority — was the exercise of a sovereign power, a distinct act of legislation by which the territory became annexed to the dominions of the Crown." To this Mr Greenhow replies, " that Mr Falconer forgot or concealed the fact, that Spanish offi- cers had landed on all those coasts, and on each occasion, had most formally taken possession in the name of their monarch, and had made a settlement by the special orders of their government, before any attempt for the same purpose had been made there by the people of any other nation."^ But Mr Falconer has not acted thus ; he has shown that two things are required to complete a title to vacant wastes ; the one, the official assertion of sove- reignty, and the other, occupation. The first, alone, is of no avail Mritnout occupation. But it is well known that the Spaniards never occupied the country. If they had done so the govern- ment of the United States could have made no claim to any part of it in 1814. The country was open to any government to possess and occupy it, notwithstanding any mere formal act of possession un- accompanied by occupation, \^ich any government miffht previously have made. Such possession of Oregon, accompanied by occu- pation, was first maae under the authority of the British government, and its right to do this was recognized in the Convention of the Escurial in 1702. 3dly. " No authority," says Mr Greenhow, " on the part of the British government was alleged by the claimants of Nootka Sound, whose cause was supported by the British government in 1790, at a risk of a war with Spain." This statement Mr Falconer does not controvert. The Nootka dispute might not have arisen if the Spanish officers had not unjustifiably seized the vessels of British subjects. But whatever defect in a title to settle at Nootka might have existed through Mears's proceedings, the British government had a perfect right to settle the Oregon Territory, as a waste and abandoned territory — to instruct Vancouver to take possession of it — and to authorize the Hudson's Bay Company to form establish- * The following passages are only to be reconciled by proving that Mar- tinez made a permanent settlement in the Oregon Territory. This Mr Greenhow would be unable to prove. The Spaniards did not visit the coun- try after the Nootka affair was settled. " It should be oberved, with regard to the right of the Spanish government thus to take possession of Nootka, that, before the 6th of May, 1789, when Mar- tinez entered the Sound with that object, no settlement, factory, or other establishment whatsoever, had been founded or attempted, tlement by direct and special orders nor had any jurisdiction been exercised of their government, before any at- ' by the authorities or subjects of a civil- tempt for the same purpose had ized nation in any part of America bor- been made there by the people of " — Forgetting or concealing the facts, that Spanish officers had landed on all those coasts, and, on each occasion, had most formally taken possession in the name of their monarch, and had made a set- r i r "^ y 6a. 4 '^^~^^.'bo'^^ ^v^.K r I r "^ 4 3 ments in it, independently of the Treaty of the Escurial, which also sanctions the establiahment of British settlements in the country. 4thly. Mr Greenhow complains that a passage in his work re- specting the northern boundary of Louisiana is ** entirely mis- quoted. ' The whole passage is as follows : — " referring to the state of things at the commencement of this cen- tury" — " the territories of the United States were, at that time, all included between the Atlantic on the east, and the Mississippi on the west. In the north were the British Provinces ; in the west lay Florida belonging to Spain ; and beyond the Mississippi the Spaniards claimed the east region called Louisiana, stretching from the gulf of Mexico northward and north- westward to an undefined extent." Mr Falconer has cited the last lines only, in order to controvert the statement, that Louisiana ever extended indefinitely to the north. The other portions of the passage do not qualify or aifect the asser- tion of the extent of Louisiana, and were therefore omitted. The reasons to prove that Louisiana did not extend indefinitely to the north are — ^that no authority is cited by Mr Greenhow in support of his assertion ; that Louisiana was a subordinate to, and partly formed out of the Province of, Canada ; that, according to the repre- sentation of Vaudreul, who surrendered Canada to Great Britain, Louisiana did not reach further to the north than the Illinois ; that its ext