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DELIVERED IN THE HOUSE OF TwEPRESENTATIVES, MONDAY, FEBRUARY 9, 1846. frh. le Resolution from the Committee on Foreign AfTairs, requirini? the Pi-csi(I( nt to notify Great j Brilftiii of the intention of the United States to itcrminiUe the joint occupancy of Oregon, and to abrogate the convention of 18-^7, bcini^ under consideration in Committee of tlie Wliole — Mr. DARRAGH said, timt a short time since, when the liill from the Committee on Military Affiiirs, providing for the organization of two regi- ments of riflemen, was liefore the House, he had taken occasion to submit a few remarks. The de- bate, at that time, seemed to take it for granted that the regiments i)roposcd to be raised were to irccnpy the territory of Oregon, and to be employed in the protection and defence of American citizens Bottled tiiere. Whether this.^furce could be sent thei-e without giving the notice to terminate the joint occupancy, referred to in the convention of 1827 between this country and Great Britain, was the sul)Ject-matter of debate. in the few remarks he had then made, "le con- fined himself to the simple question, whemer, in view of the convention of 1827, the shield of our , civil laws, and the protection of our arms, could ''. not be extended over Oregon, without the notice, and without any violation or departure from our I treaty stipulations? He was of opinion then that we could; and the best consideration he had been able to bring to the subject had not changed the opinions he then expressed. Sir, said Mr. Darragh, the resolution now under consideration proposes to rmnul and abrogate the \ second section of the convention of 1827, requiring ' one year's notice of the desire and intention of either party to terminate the joint occupancy now existing between Great Britain and the United States, in reference to territory west of the Rocky I mountnins. The discussion on this resolution e trom the Committee on Foreign Affairs has opened up the whole question in reference to Oregon — our duty to protect our fellow-citizens there — our title — our ability to maintain it — il.s fuUire advantages to the Republic — and the chances of war. I propose, sir, to direct the attention of the com- mittee to these considerations; and I may be per- mitted to say that, although in the many days through which this debate has [la.ssed, few gentle- men have qucstiincd the validity of our title, yet, as far as I have heard, but a few speakers have un- dertaken to show what that title is. It is very true that the honorable Secretary of State, in lb cor- respondence with thr; British Plenipotentiary, has with great ability pla< ed our claim j to Oregon on clear and unquestionable grounds; yet it may not be unintCTjt'ug to those of our constituents who see not tije 3;>i>« paper.^, to understand the charac- ter of our dai. i and demands. I intend, sir, to occupy a short, ime of the committee in the histo- ry of the northwest coast of America, so far as the same has relation to title by discovery, cession, or settlement. Before doing so, however, I desire to say a word or two in reference to the rciiort made by the mi- nority of the Committee on Foreign Relations, which aKscrted that Coivj^ress cotild n-^i ct on the matter of giving notice to terminate the ji.mt occu- pancy, because it helonsed to the treaty-making power, and that the Prcsudent and Senate alone possessed such authority. This opinion has been adopted and repeated (luring the debate by other gentlemen. The Constitution of the United States (article 2tl, section 2,) confei-s upon the "President, by ond with the advice and consent of the Senate, the power to make treaties, provided two- thirds of the Senators present concvir;" but this has refer- ence to' the making of treaties, and not to the tnding. The fallacy of tlie argument of the minority of *>0.>.i.o 2 tlir Commillne on Fi)if;i;;ii Afl'air.s consists in the did'cnmro between tin; nmkin;^ iinii emlin;; of trea- ties. Tlie niakini; of a treaty is onq lliiiii;; tlieiin- nulnient tiiereof is aiiollier anil a very dill'erent (Jiin;;. Besides, tin; eimvenlion of IH-j? provides for its termination so far as relates to the joint oe,- cn|)an<^y; either parly bein^' at lilierty to terminate it in one year's notiee, Aii^aiii: every treaty implies tiro parlies — a treutor and a treatee — a bar;;aiMor anil a bari^ainee. The word " treaty," pj' vi tinnini, implies two parties. It is iin agreement between two or more; but the ending of llie treaty may be by one of the parties thereto. We liave treaties of emnmeree, navis;a- timi, Sn'., between Kni/^land, France, Spain, nnd other Powers, and ('on;;ress may jnit an end to them without eonsuitiiiii the President, by llie exer- cise of the war jiower. These treaties may be i)i full force, nnd €oni,'ress, possessim; exeiusively the power to deelare war, may thereby terndinate tnem; for war annuls all Ireilies between the parties bel- iiijerent. The treaty-makiiiij j)owerdoes not there- fore necessarily iniluile the ireaty-endnij; power; and Compress may, by resohiiion or mherwise, terminate the eonvention of 18:27. Other Renllemen maintained that the right of the President to i^ive the notice is concnrreiit with that of Conj^ress ; that, as the executive otiicer of the Government, he has the power to jjive the notice, and that he oui^ht to be permitted to exen-ise it. As to the power of the Kxeculive in the premises, I have nothini; to say, because none of iliose who have exjjressed such views deny the power of Cono;ress to net. 'I'lie honorable gentleman from Alabama [Mr. IIili.iaiu)] proposes to authorize the Presideirt to give the notice when to him it shall seem most fit and expedient. Sir, I can see no useful end to be attained by this course. Is it designed to throw on the President the resj>onsi- bility of the measure, which may end in war, and which some geiiilemen regard as ei|uivalent to a declaration of war.' If ibis ite the jiurpo-se, then I go not with it. The Piesident has, iit my judg- ment, assumed, in his Message, all the re.'<iM)nsi- bilily which a decent res]icct tor the rej)resentatives of the [leople and the honor of the nation permitted or required, lie believes our title to the Avhole of Oregon to bo valid, and he has said so; he thinks that it is time this un-American and ruinous joint occupancy was terminated, and he has officially given us this opinion. But why ask the President, in this momentous alhiir .' What will be the result, if his order alone goes forth, without the voice of Congress accom])aiiie.s it.' In Europe, particularly in Great Britain, it will be said that the refusal or omission of Congress to act indicates that the no- tice t.> end the joint occupancy is the act of the President alone, or at most of his party, and not of the people. Ay, sir, there mtiy not be wanting persons and presses in this country who will echo the same sentiments. Now, sir, this is un Jhiuri- can not a parly question; and for one, I protest against its being defiled by the touch of mere party manoeuvre or machinery. England is loth to tei ininaie the joint occupancy, because heretofore she has used it altogether for her own advantage. Her Minibters, Lord Aberdeen and Sir Robert Peel, have asserted their claim to Oregon. The opposition to the Ministry, by its leaders, Lord Joan RusacU and Lord Polinentton, have, in tliis malti^r, forgotten tluir political ran- c(>r, to aid the Ministry they have been slrugglini' to overlhrri'w. The Puiiish press, not inaptly ealleil "the fourth estate in the realm," has raised it> mighty vi'ice,to quicken tlie empire into the main- tenance of its claim. And shall the decree that i> til diiy this <:ombined jiower and determined ac- tioii,go forth from the mouth of one man.' or sinill it not rather be borne across the Atlantic on the viiices of twenty iniilioiis of people, who know tluir rights, and, knowing, will maintain them.' Sir, I .say, let Congress s|ieak. 1 now come to the imposing objection made to the passage of tiiis residution. I say imposing ob- jection, because it has been most generally made; and by those, too, who profebs to be in favor ol our claim to the whole of Oregon. It is: that this is not the time to say to Kngland, tlie territory is ours and we will have it; Itiil that we should sneak along, until we grow stronger or England weaker, under the cunning device of " a wise and masterly inactivity." We have seven thousand people there, who are imploring tm to protect them. Every year the tideof emiu:ration from the western States IS swelling and will continue to swell to the valleys of the Columbia. These are not mere ad- veniuriis ormamuders; they take with them their wives, till ir children, ami their Bible. They have established a quasi form of goveriimei't, winch, so far as regards practical morality, is in advance of long established irovernmeiits. The arts of civil ized life are there — the husbandman is reaping the reward of hi.i toil. Amerienn Christian mission- aries are among tliem, teaching thengricullural piir- suilsand thedestiiiy of man. The leviathan jiower of steam already awakens the echoes of her forest.^, and temples, dedicated to the service of Alniighiy God, have been erected, wherein His praises air hymned and His holy word explained. These brave and adventurous men have repeat- edly reminded this House that they are American citizens on American soil. They continue to cry to us, as their fellow citizens, to vindicate their rights and maintain the iionor of the nation. Who will say that, as the representatives of the people, we can or dare deny to them the imnHinilies and the protection of American citizenship? Sir, we are not at liberty to (h) so. If the tenitory h' ours by rightful title, we cannot refuse to our brethren there the rights and the protection we enjoy here. This is of itself", in my opinion, a sufficient answer to the proposition for further delay in giving to Great Britain the notice to quit. But, .sir, what is to be gained by this " wise and masterly inactivity.'" Let us look at the past. Let us see if this postponement of the question — this ntasterly inactivity, has not been a ruinous inac- tivity for us, and a masterly activity for England. In 1818, at the time of the convention entered into between Great Britain and the United States, the former had not title to one rood of territory on the northwest coast; and this I will presently atlempi to show. The only show of title she now has arises in the main from that convention (1818) and the subsequent negotiations in regard to it. No one will nretend that the terms of tlie convention affected tne title or sovereignty of either Govern- ment. The United States then asserted, and actually possessed the title. The convention of 1818 only permitted •snrcrcigiW!; lias used Years at'ler JH-il,) an ileorge IV asks. Th of the tern joint occu iurisdictioi poliiiral ran- l>icii Nlrii;,'s;;liiii; •t inaptly culled ' liHH raised it> into the imiiu- (' decree that i.s d(t( iniiiicd ac- f man • or shall Atlantic, on the who know naniiain them.' ecti(»ii made to y iniposinj^ol). iierally made; l)e in favor of It i.s: tjiat thi.s the territory lat we should r or England (' " a wi.se and veri thousand i> protect them. <im the western to Hwell to the e not mere ad- vith them their e. They have eiit, wiiich, so s in advance ol IP arts of civil I is reaping;; tlii' i»tiaii mi.s.sion- trriculluralpur- 'viathnn power sof herfore.st.'>i, •e of Alnii;i^hiy tlis praises art lied, II hiive repeat- ' are American ■oiitinue to cry vindicate their nation. Who of the pco|)Ie, niiuiiiities) and 'hip? Sir, we nitory w ours our brethren •c enjoy here, fiicicnt answer y in yiviiiij to his *' wise and the past. Let question — this ruinous inac- ' for England, n entered into cd States, the rritory on the leinfy attemjii .she now ha.s >n (1818) and rd to it. No le convention ther Govern- and actually of 1818 only p»>rmittcd nn equal ri?lit of trmh, not of lillf or !snrrreiirnlii in Great IJritain. Now mark how she lias used this s;rant of favor. In less than three years after till! ratification of the convcntimi, (in 1h:31,) an ad of Parliament i.s passed, (Isf and '2i\ Georj^e IV,) which gave to her all that .she now a.sks. Thi.s act of Parliament is in open vinlation of the terms and spirit of the convention (IHjH) of joint occupancy. Hy it England extended her jurisdiction over all Oregon. The (ith section of the act of Parliament refer- ' red to, provides — "That the courts of Upper Canada shall have' ' the same civil jurisdiction in all respects wliat- ' ever within the Indian t( rritories, and other parts ' of .Vnicrica, not tritliin the limits of the Ciintidus, or ' (if'aiiy ritil giivernmriit of Ike United Stateit, as the ' said courts have within the limits of Canada; * and further, that every wrong (li- injury, to thcper- * son, or the properly, real or pcisonal, committed * within the said jiarts of America, shall he coirni- * zahle and tried in the same manner and .suhjec.t ' to the same conscciuences in all respei'ts as if the » same had been cuiiimittcd tvilliin the province of ' Upper Canada.'''' Again, the bth section of the British act (1821) : provides — | "That in case any pnnon or persons rrhalsoerer, ' residing or heinir within such parts of America, * .shall refuse to obey, or resist any process of said ' * courts, such yierson or persons shall lie committed ' to custody, in order to be conveyed to Upper Can- 'ada.-' Other sections of this art provide for courts, of- ficers, &c.; but throughout the whole statute not one \v<n-d is said excc|ptiug .Vmerican citizens in ' Oreijon from the operation and penalties of the British law. 1 To ihis day this insolent assumption of author- I ity stands unrepealed by England and unrei)uked ' by the United States. The insull and the wrong, ' has indeed, been heightened by investing the otfi- ' cers and s(!rvants of a trading corporation (the '■ Ifudsnn Bay Company) with judicial power and ' .nuthority to carry the statute into elTect. An Amer- ! ican citizen may now be dragged from .\nierican ' soil to answer before the officers of tiie Hudson Bay Com|ninv or the courts of Upper Canada, and held responsililc for his conduct whilst on Amcri- onn territory. This hiiniiliatins- : ubmi.ssioii on our part is one of the trophies of twenty-seven years of " m.ast''rly inactivity." Sir, there should be an end to tliis state of affairs. Great Britain has asserted claims which she cannot maintain. Will drlav induce that rapacious Power to v/ithdraw or lessen her demands.' You iioslpoiie tiie manly vindication of our rights. You open the door to further ne- gotiation about what most gentlemen say is sufTi- ciently clear now. Does any one expect that Great Britain will be less anxious for n part of Oregon a year or two hence than now.' Will she be less al)!e to meet us in the strife of liattle } You postprme, you give time, and advise her to arm. England knows and dreads a war with .\mer- ica. She has tried the experiment twice, and has no reas<in to boast of the result of either C(ni- flict. She knows more : .she know.s that a war with the United States would be the beirinnin"- of the end that would free this whole continent from European influence, power, and authority. Delay, give time, and the monarchies of Europe might be brouirht to see that the cfuflict, when it did come, would be between legitimacy and republicanism — the ri'_'hf divine o iings, and the people. All this mi:;h; oine to pass if we continue to delay the settleui' of this <|uestioii. That it will happen whether , settle the (]uestion or not now, I have no doubt. Indeed, I hope that the time may hasten on when the sovereign people shall be the only sovereigns on earth. But in this Ore- gon atl'air, I prefer settling it with England alone; which will be done, if (,'oiigrcss will only act with |iromptnesH and decision. Mr. (Miairmau, I come now to speak of title; and I believe a careful examination will show that all the proofs substantiate the claims of the United States. I do not design to rely on, or even allude to, proofs of diMibttnl import, (u* to the vague his- tory or misty traditions wbit'li the honorable gen- tleman from Massarhusetts [Mr.WiN'TiiRoi'] seems to think to enc,oni|)ass the subject. I will depend on events as mtu'h matter of' true history as the Dec'laration which declared the colonies free and independent States. It will be observed that in all the negotiations and ofVers to compromise this vexed question, England has denied our rights even as far north as the parallel of 4!) north latitude. Now to this point we have a title not heretofore referred to, arising trom the cession of Louisiana in 1803 by France to the United Stales. By that cession we became invested with the rights and title of France to territory west of iIk; I'ocky mountains. Let us see how l[ie matter .s|ood for a long lime previous to IHD.'J. In 1(583, M. De la Sailed a Frenchman, navigated the Mississippi from Canado to its mouth; in virtue whereof, France claimed the sov- erciirnty to Louisiana, on both sides of the river, from the Gulf of Mexico to the 49th degree of north latitude. This right of sovereignty was based upon the acknowledged jirinciple of international law: " that the nation-which discovers the mouth of ii river is entitled to the sovereignty to all the land which is watered by such river, its tributaries, and head waters." From the time of the discov- ery by La Salle, England never controverted this principle; she had in repeated instances availed herself of its provisions. France, by the discov- ery of the Mississippi, extended west, at all events, to the Rocky mountains, for ther-' are the sources of some of the head waters of that river. She was the only Power contiguous to the vast wilds from the llockv mountains to the Pacific ocean; and therefore the argument of continuity was altogether with France as oppo.sed to England. As e;nly as 1713, Great Britain regarded the French possessions in America as extending west to the Pacific. The 10th article of the treaty of Utrecht, (1713,) provided for the ap])oiiitnient of coinmissioners to settle the btaindery between Can- ada and Louisiana on the one side, and Hudson'.-* Bay and Northwestern companies on the other. This boundary by the treaty was established " by a line to commen.-e at a ca|ie or promontory on the oce.m. in ."i^osi' north latitude, to run thence westwanlly to the 49</i parallel, and along that line ind(finitcbj westumrd. Now this line, indefinitely wcs'.ward, includes, of course, all Oregon south of the 43th di-Ricc north liiiitudc. Ii is, to be sure, doublnd whctlicr the r.ominis.sioiicrs provided for by the treaty of Utrecht ever acted; und it is very certiiin lliat if tliey did not, no record of tlieir pro- ccediiifjs now exist; but tlic United Stutes liavc nlwHys considered the treaty of Utrecht as extend- ing the 49ili paralli 1 indefinitely westward. Mr. Cliarius Pincluioy and Mr. Aloinoe, our Ministers at Madrid in 1805, in the correspondence between them and Don Pedro Cavallo.s, thi,' Spnni.sii Minis- ter, respecting tlie western boundary of Louisiana, advanced tliese views. — Stalt Papers, vol. H, p. IC'J. Mr. Gallatin, in the American statement of De- cember, 182C, recojL;nises th<^ action of the commis- aioners under tlie tr<!aty of Utrecht, as extending the 4i)ih j)arallel indefinitely westward. But again: the treaty of Versailles, (17(i3,) be- tween France and England, and which concluded the Freindi wars in America, stipulates " that the confines between the Britisli and French posses- fiioiis in America were irrevocably fixed by a line drawn along the middle of the Mis.siHsii)pi from its source to the river Iberville." In 1783, the Mississippi, from its source, vva.s adopted as the line of demarcation between the British and French possessions. Louisiana then extended north as far as the 49th degree, and to the Gulf of Mexico in latitude L'O. It will be ob- served, by looking iit the map, that the sources of tlic Mississip|)i are in 49, north laliiude; and that this is the parallel fixed on by the treaty of Utrecht. In 1703, France and England made partition of almost the whole continent of North America. Er)gland then obtained the territory east of the Mississippi, and north of the 49th parallel of lati- tude. She then made no claim to territory in any other quarter — a pregnant conclusion against the existence of any such --laim. She was at this time victorious over iier rival, and flushed with her con- quest. Slie possessed the power to dictate the terms of the treaty of Versailles, (17G3.) Not over nice in her pretensions to territory, nor over scrupulous in theemploymcnt of means to enforce them, Great Britain made no pretension to territory south of the 49th parallel in any quarter. These provisions of the treaty of Versailles seem to me to indicate that the 49th parallel extended indefi- nitely westward, as is provided in the treaty of Utreiht, and governed in this matter the delibera- tions which resulted in tlie treaty of Versailles. So also the parallel of 49 north latitude, seems to have been regarded as a determined line, or landmark, by the commissioners who negotiated the treaty of Paris in 1783, which terminated the revolutionary war. The l)oundary there is de- .scribed as " from the northwestern |)oint of the Lake of the Woods, duo west to the Mississijipi river;" and the northwestern point of the Lake of the Woods is in about latitude 49 north. Sir, I have adverted to the title in the United States, acquired by the cession of Lotiisiana, only because* the British Plenipotentiary, and others, deny our right even to the 49ih parallel. This is not the title to Oregon on which I lely. Greai Britain now claims to the right bank of the Colum- bia river, and what I have said about the French claim, was only to show how England herself re- garded it from 1713 to 1790. Mr. Chairman, I apprehend that otir best title to the whole of Oregon, is in what is called the Span- ish title. It is in my opinion Ihe title, and the onl} valid title. By every rule of national law it is good against the world. 1 propose to examine it; and this 1 will do ^'s briefly as I can. By the treaty between Spain and the United States in 1819, Known us the treaty for the cession of ]''lorida, we became rightfully entitled to the territory claiuiid by the former |)owcr in North America, north of the 4yd degree north latitude. The territory of Oitgou extends on the Pacifir coast from i:P to 54'^ 40' north, and is bounded ou the east by the llocky mountains. By the treaty of Florida we were placed in the shoes of Spain, and possessed of all her rights to the country in dis|»ule. What were the rights and title of Spain r We shall see. By the law of nations, there are three methods m which a nation may acquire the .sovereignty of a country. First, by discovery; secrmd, by cession fnnn the rightful owner; third, by conquest. Under the first of these, the sover- eignly of the whole of North and South America, as well as the West India islands, was originally acquired. Vattel and other writers doubted the jnsiiic of civilized nations acquiring title merely by invading the territory of barbarous people; but it is now too late to discuss this question. Certain it is, that neither England nor any other of the great Euro|)(aii Powers can ol ject to sovereignty thus acquired, becau.«ie to most o-f their colonial possessions iliey can produce no better or other title. Who, then, were the first discoverers of the Pacific const along the territory of Oregon.' Eng- land, in 1790, for the first time, made an attempt at claim. From that time, until very rect ntly, her statesmen and political writers founded their claim on the ancient discovery pretended to be made by Sir Francis Drake. This daring navigator lived in the reign of Ciuccn Elizalieth; and in the year 157G or l.')77 sailed, not on a voyage of discovery, but to annoy and cap- lure the Spanish shijis with their rich cargoes from the New World. His voyage was of a warlike character, and Sir Francis himself little better than a commissioned |)irate. In 1577 he fell in with land on the Pacific, which he called " New Al- bion;" and this it is lu-etciided was the coast of Oregon. Sii- Francis Drake never .saw the coast of Oregon. Heylyn, v/ho published a geography in London in 1G74, and which will be found in your library, gives tlie |iarticulars of this prclended discovery; from which it apjiears that "New Al- l)ioii" lies altogether within the bounds of Califor- nia. Maps were publi^^hed not long after this dis- covery, which descril)e all the country north of 42 degrees as "Terra lionalis incrgnila." Hakluyt, who lived in the times of Sir Fraiicis Drake, in his History of Voyages and Discoveries, states tliat Sir Fiamis Drake found the cold so great when he reached about 42*^ north, that he returned south and entered the liay in latitude 38^, which to this day bears his name — "Port St. Francisco Draco" —Port St. Francisco, as it is now called. This barren and proofless claim is the whole of England's title by ancient disco^•t1•y. Now let us look at the title of S|)ain, under which we claim, und a mere rcfcrenco to well-authenticated voyages and dis.'overies is all that is iniended. Bartolome Ferrelo, though not the first navigator of the Pa- cific, sailed in 1543 as far north as latitude 53°, and landed at what was subsct^ucnlly called Cape Ic,nnd tlic onlj i»l law it is good ixaniino il; and nd tlie United ' for tlic cession fiitiilfid to the owcr in North iiortli latitude. on tl»e Pacifu' J is hounded on By tlie treaty siioes of Spain, ' tlie country in 1 title of Spain.' ions, there arc lay arquire the l)y discovery; 1 owner; third, ie.se, the sover- MJWtii America, was ori<^iiially rs douhted the nyr titl'; merely )us people; but stion. Certain ly other of the to sovereignty , their colonial jelter or other coverers of the )regon .' Eng- nde on attempt y rcct iifly, her ded their cluiiu to be made by reiiin of Cluecn I ")77 sailed, not nnoy and cap- h cargoes fiom of a warlike tile better than 10 fell in with ed " New Al- 5 the coast of saw tiie coa.'st I a {;co-raphy I be found in this pretended at "New Al- ids of Culifor- al'ier this dis- rv north of 42 ." Halduvt, : Drake, in his states that Sir reat when he ;turned south ivhich to this lisco Draco" led. the whole of Now let ua ch we claim, :ated voyages Bartolome )r of the Pa- latitude 53°, ' culled Cape Rlunno. In 1592, Juan de Fucn, n native of Ccphalonia, in Greece, in the service of Spain, dis- covered a strait in latitude 49° to 51° north. Dc Fuca staid there twenty days — landed, and traded with the natives. An account of his voyage and discovery was taken from his own lips and written down by Michael Lock, an Englishman, then in Venice, a short time after De Fuca's discoveries in 1596. This imponant discovery, made under the Spanish flag, is not only made history by an Eng- lishman; but more than two hundred years after- wards, an officer of the English navy, Vancouver, then on a voyage of discovery, was so well satis- fied with the truth of De Fuca's discovery, and Michael Lock's account of the same, that when, in 1792, he fell in with these straits, he named them the " Stunts nf Fuca," iu honor of the first discoverer. Now here is the Sjianish title by an- cient discovery to 50° north, which cannot be dis- puted, and which Capt. Vani;ouver has acknowl- edged by perpetuating the name of Dc Fura. Other (loints along iheOregon coast were early discovered )y the Spaniards. In 1GI(3, Aguilar, a Spanish captain, discovered the mouth of the river Um))qua, in latitude 44. After the treaty of Versailles in 17G3, the great European Powers had a period of peace; and Eng- land, l'"rance, and particularly Spain, diri.'cted their attention to prosecuting new voyages of discover- ies, and ascertaining the nature and condition of such as were already made, but which, owing to the wars they had been eiigaj;ed in, had not been followed up. Spain, ever intent on the grandeur and wealth of her possessions in the New World, led the way. In pursuance of instructions from Madrid, an exjiedition was fitted out for explora- tion and discovery in 1774. The vessel called the "Santiago" was commanded by Juan Perez as captain, with Estevaii Jose Martinez as pilot. Perez .saded iiortii to the 59th parallel, where he saw the northeastern point of (iueeii Charlotte's Island. After a cursory examination of this coast, he pro- ceeded south, and in latitude 49^ degrees, he dis- covered and entered a bay, to which he gave the name of "Port San Lorenzo." He landed and traded with the natives — giving them implements of iron, and other articles, in exchange for furs. This is the same bay to which CapUiin Cook, /our years afterwards, pretended to have discovered, and to which he gave the name of King George's Sound, and which is now known as " Nooika Sound." The English press, and the British Plen- motentiary here, rely on this modern discovery of Captain Coolt. Now, let us, for a moment, look at . the claim of Captain Cook to the discovery of Noot- ka Sotmd. Cook sailed from England in 177(» to discover a northwest passage between the Atlantic and Pacific oceaihs. He admits that accounts of the discoveries on the Pacific by the Spaniards were in Pjiffland before he sailed. Cajttain Cook sailed from Plymouth, in his old ship the "Ueso- lution," 12lh July, 177G. His instructions from the Admiralty were, to nroceed by the wixy of the Cape of Good Hope and Otaheite "to the coast of New Albion, endeavoring to fall in with it in the latitude of 45 degrees." He was "there to put • into the first convenient port to recndt his wovd ' and voter, and procure rffreshmeiUs, and then to sail ' northward along the coast to the latitude of 65 • degrees, or further, if not obstructed by lands or • ice, taking care not to lose any timt in erplorin/f ' rivers or inlets, or vpon any other account," until he had reached that degree. 1 le wns further in.strucl- ed and " strictly enjoined not to touch upon any ' part of the Spanish dominions on the western 'continent of A' .c-ricn, unless driven thither l)y ' some unavoidai)le accident; in which case, he wna ' to stay no longer than should be absolutely nc- ' cessary." Now, sir, it will he recollected, that an account of the Spanish discoveries on the northwest coast was current in England before Cook sailtd; and it will be observed, that the British Government then recogni.sed the right of Spain as far north os the 65th degree of latitude; forC'aptuin (jook is in- structed not to stop short of that degree, except to "wood and water." South of it he was not per- mitted to explore or lake possessien of the coun- try. In latitude 49^ degrees he found a sjiacious and secure bay, offering every facility for the re- pair of his vessel and the refreshment of his men; and on the 29ih of March, 1778, he there cast an- chor, and bestowed upon the place the name of " King George's Sound." This name he shmtly afterwards changed to thatof Ab(i//fn Sovnd, under the impression that Nootka whs the term employed to distinguish the bay by the natives of the sur- rounding territory. He remained at Nootka Sound four weeks, and traded with the natives. Il can- not be pretended that this Kinsj George's or Noot- ka Sound is not the " Port San Lorenzo," entered, discovered, and so named by Juan Perez, in the service of S]iain, in 1774. That Cook's ship was not the first there seen by the natives, is abun- dantly evident from Cook's own account. He tells us that the natives manifested no .surprise at the sight of his .ships, and were not startled by the reports of his guns; they had tools and weapons of iron, and ornaments of brass, and one of their chiefs had hanging around his neck tioo silver table- spoons of Spanish mannfacture . Can it be doubted that these implements and utensils of iron, and brass, and silver, are what the natives obtained from Juan Perez when he landed there in 1774? Besides these clear proofs of the discoveries of Spain, England herself, for many years afterwards, never controverted the Spanish title. 1 now wish to direct the attention of the com- mittee to the much-talked-of Nootka Sound con- vention. We all know the occasion of that cele- brated treaty: a certain Captain John Mearcs, a hnlf-pay ofhcer of the British navy, was em- ployed, m 1788, by a Portuguese, named Ca- vallo, in Maeoa, to command an expedition under the Portuguese flag to carry on the fur trade with the natives of the northwest coast of America. He sailed for Nootka Sound, and in 1789 built a small vessel and some huts there. As soon as informed of these circumstances, the Spanish authorities sent a command which took down tlie British flag, demolished their hul3, and made prizes of their vessels. Meares com- |ilained to Parliament, and King George the Hi. made the suiijecl a matter of complaint in his s[)cech to Parliament. In 1790, negotiations were entered into at Madrid between Mr. Fitzherbert, the English agent, and the Spanish Government, concerning the wrongs which England complained to have received, in her subject. Captain Meares, 6 nt Nontka. Spiiin rcsiNted, but she wns in )tr, ronilitidii to resist \(m<^. She liad iilniidy tnkni the (lownwanl pliiriirc Into tlif niianliy biuI wcnk- m'HH which inarkH hir at this day. Kiifjhmd 'A-as powirfnl. Pailiann-nt had vofrd oru' milhon pounds strrlintij to war with Spain, un- less shi; 3"i('ldrd to Rritish rapacity. The treaty took it for the main land. (See Helyn's Qcoi^rrf pliy, London, I(i74.) Two yf'ars afterwards, a Dutch navi;j:ator, Sehald de West, eanic to thctn, and called them " Sehald's Islands." Knirland heard no more of them for a century, atui their existence was even called in question. In the reii^n of William, an En;;lishnmn named Strr>n2; found Ni^ned at the Kscurial in ITOK, called tlie "Noofka j tlwm out a;;ain, and called them "Falkland I.s- Hoiind convention," was dictiUed to Spain, and ' lands." In the rcijj;n of Geori^i- III., Cajitain By- forced from her. Simultaneous with the si'^niui; ' run, the ancestor of " Childe Harold," look pos- oflhe treaty, Spain puhlished a rnanifesir) directed session of one of them. This is the first possession to all the Kuropean cnurts, remonstrating' aj^aitist | liy England; it was only ofo7ic island, and not fol- thc manner it was extorted from her, and assert- ! lowed uphy settlement. In ITtifi the Kins; of Spain in'' her claims at Modtka. Hut lireal Mritaiii did ' sent trooiis and xcM/fi/ one of the is! not then jiretend that the Nootka Sourul conven- tion acknowledged or surrendered to her any title or sovereignty. CJreat Mrilain only claimed m-if^hl to trade at Nootka, not of sovereignly. She de- manded .^ali-sfaction for the insult offered thnmgli her suhjeels, not apology for invasion of her ter- ^lauds.and called it •« Solidade;" and yet Great Mritain, in 17(i'J, claimed all the i.slands on the ground of prior (lis- rorery, and Spain was obliged to submit. One other ••ase, and I have done with this branch of my remarks. I refer to the pretext assumed by England for driving out the Dutch from New York. own imi ti<e. li ueakiiH clainii The Bs us.sit the Col Boston Colunib ineiit an ricaii cii tei; agai declares » moutl « all lilt ' and h< this prii UH by Salle, bi rilory. Neither the King, (George III.) Mr. Pit', , In 14'.I'J Columbusdiscovered the West India isl- Mr. Fox, norany one else in Parliament, spoke of' ands. In 145)7, Giovanni (John) Cabot, a Vene- tith ; it was tmly a right to trade. The ai-eount of I lian, in the employ of Henry VII., discovered the this matter, as given in P.issett's History of Eng- '• island of New Foundland and the Atlantic coast land, is full as to the fact that the Government of as far as Virginia. Henrv VII. made no settle- England denied having any claim to the sover- eignty ()f the country on the coast of Oregon. The historian says that the English claim there was only " a right to trade [not of soil] in places in which no country could claim an exclusive right of cnmmerre and H«fign/iojt," not of sovereignty. 'J'his, sir, is the purport of the famous Nootka Sound eonventifm; and although extorted from Spain by England, it will be seen that the latter Power gained nothing but an apology for the in- sult offered to Captain Meares, redress for the loss sustained, and a bare right to trade. But had more been obtained, the treaty and its jirovisions were ended in 171tfi, at which time a war was de- clared between England and Spain. War termi- nates and cancels all subsisting treaties between the partie.s. On the subject of the Sjianish claim to the territory in dispute, I desire to direct the at- tention of the committee to a map describing the Briti.<«h, Spanish, and French possessions (m the continent of America, according to the treaty es- tablished at Paris, Hth of February, 1703, by " Email Brown, Geographer to his N'lajcsty, and John Gibson, Engraver. On this ma|i the do- minions of England extend f^om the Atlantic to the Mississippi; the French dominions extend from the Mississippi to the western boundary of Louisiana: and all the country between the last- mentioned boundary and the Pacific ocean is put down a.s beloniring to Spain. Mr. Chairman, if discovery gives title, I think that I have shown that the Spanish title to Nootka, the very point in dispute, is clear and unquestion- able. But I am told that discovery without settle- ment or occupancy gives no title. However this may be, it may not be profitless to see how Eng- land regards and has acted on this principle. The case of the Falkland islands exhibits the views and conduct of Great Britain as to title by discovery without settlement. These islands were first seen by Captain Davis, who .sailed with Sir Richard Hawkins in 1592. He was driven by a storm into the Straits of Magellan, when he accidentally saw them. He gave them no name. In 1594, Sir Richard Hawkins saw one of these islands, and ment nor mfition towards one. In like inactivity towards the disr'nvery of Cabot passed the reign of Henry VII f. So, too, passed the short reign of Edward'VI. and Mary. In 15HM, eighty-six years after the discovery of Cfiovanni Cabot, the first British charter of colonization was signed by Queen Elizabeth to Sir Humphry Gilbert. Nothing was done under thi.*^ grant. Then came the patent to Sir Walter Raleigh to settle the southern part of North America, and he, landed the firs', colony in lfi07. This settlement was soon abandoned, nor did the second attempt of Sir Walter Raleigh meet with any better success. Hackluyt, who chroni- cles these accounts, lived and wrote in the age of Elizabeth and .Tames I., and was the chief man in the next expedition. It was got up by Hackluyt, and was under the direction of Richard Go.^iuild, in pursuance of instructions from King James I., to colonize Massachusetts bay. Gosnold reached the bay, traded with the natives, Init made no set- tlements. James I. then divided the discovered land into two portions — Virginia and New Eng- land. In the meanwhile, Hudson, the Dutch navi- gator, had sailed up the river whi<'h still bears his name. The Dutch landed where now stands the city of New York, settled, and immediately im- proved. In IGG"? Charles IT. granted the province of New York to hi.s brother, the Duke of York, under whose directions the Dutch were driven away or forced to yield. The Eiifflish claimed it by tlie [irior discovery made by Cxiovanni Cabot mf)re than one Inmdred years before. The Dut:h had settled, the English had not; and yet the prior discovery title of England without .=;ettlcment was asserted and maintained. Sir, with such examples on record and before the world, does it become Eng- land to object to title by di.scovery, even though no occupancy may have followed.' Mr. Chairman, the United States have claimed Oregon by virtue of the discoveries of her own citi- zens; ancf as T regard our claim good at all events as against England, T propose to say about it a word or two. The silly argument, that because the United States claim under the Spanish title, her own cannot be good, and that the claim under her Hrlyn's Gco^rn- aiN (iftn-wanjs, a <f, runic tf) them, inds." Rn[,'-I;ui(l ntiiry, nml their toil. Ill tlir rri<rn rd Sironu; fMiind Ti " F'^ilklniid Is- nf., Cnpiairi By- I'lld," took pns- II' first |K>ssf'Nsifpn liiiid, iiiid not fol- lip Kin2:nf S|i(iin slaiids,aiid called Hritaiii, in ]7(i!», iind of prior dis- Rulimit. with this lirnnrli text assumed hy from New York. West India isl- ) Cal)ot, a Vene- I., discovered tlie lie Atlantic const made no settle- In like inactivity passed the reii^^n the short reign of eij^hty-six years Cabot, the first signed hy Queen t. Nothing was mo the patent to southern part of c first colony in I abandoned, nor ter Raieig-h meet lyf, who chroni- tc in the ngc of the chief man in ip by Hackluyt, Richard Gosiiold, I King James I., Grosnold reached but made no set- l the discovered and New Eiig- thc Dutch navi- ■h still hears his now stands the mmcdiately im- ted the province Duke of York, ;'.h were driven glish claimed it Giovanni Cabot re. The Dut-Ji nd yet the prior .settlement was 1 such examples ! it become Eng- y, even though 's have claimed of her own citi- od at all events say about it. a t, that because panish title, her :laim under her own nullifies tlie title of Spnin, «cnrcely needs no- tice, li would be Mtmnge indeed if a good title was Weakened liy (he aci|uiNilion ui' an oulHiaiidinji; claim i but let tiiis pa.s.>4. Tile claim of the United Slates, apart fnxii tiuil Bs ussigiicr of .Sjiaiii, re»t.s upon the diNcovery of the Cohuiibia river by Captain Robert Gray, of Boston, the exploration of the head water.s of the Coluiiil>ia by Lewis and Clarke, and the improve- liieiit Mild .seitlenieiim of Mr. A.storand other Ame- rican citi/ens. I cull the attention of the coniiuit- tee again lo the principle of internalional law which declares "that the nation which discovers the • mouth of a river iN entitled to tiie sovereignty to • all the land.s watered by such river, its lrii)UtarieH 'and hfad waters." Great IJritain acknowledged tiiis principle as well by the treaty of L'lrecht, 1713, UM by the treaty of Versailles, 17(i3. M. de La Halle, ill IGf^.'), discovered the mouth of the Minsis- bippi; liy reason whiM'eof, Fruiu'c claimed tlie whole ot Louisiana, and this claim was admitted by Eng- land. Wlio discovered the mouth of the Columbia, orOiegonrivcr,and who explored its head waters? We .shall see. In the month of May, HiU, Captain Roiiert Gray, of the American .ship " Columbia," of Roatoii, whilst cruising in the north Pacific, dis- covered an oiieniiig in ilie coast, in latitude 4(P W, which he pronounced to lie the mouth of n river. On thet2i)ili April, 171)0, Cajttain Gray fell in with the I'jiglishship" Discovery, "Captain Vancouver. Gray informed Vancouver of his having bei-ii oil" the mouth of n great river; Vancouver in his luir- rative mentions these facts, and afterwanls niiulc search for the river, but could not Iind it. He be- lieved that Captain Gray had been misiaken, tor lie thought that such a river was not there. On the 11th May, 171)i?, Captain Gray was again off the opening where he informed Vancouver the river was to be found, ^'ankee-like, lie determined to satisfy himself, and he directed his course to the opening. This was no hazardless matter — the l)reakers to.s.sed the sea, iind the surf was furious. He sailed on, crossed tlu; dreaded bar at the mouth, luid found hiinself on the bosom of a magnificent river, which he named after liisown shi]), " Colum- hid/' He ascended the river twenty-five miles, aiichorerl, landed, and traded with the natives. flJe descended the river, named the capes on its north- ern and soutliern sides "Adams" and "Han- rock," and again spread lii.s .sails to the breezes of the Pacific. This was the first vessel that ever crossed the bar at the mouth of the Columbia or (loated on the waters of that nolile river. No soj)liistry or nii.s- represeiitation can ever take from Captain Gray the lionor of the di.scovery, or from Ins country the value of the acrjuisition. This river has its .sources on the western slopes of the Rocky mountains, and lorms a stream where it enters the Pacific seven miles in width. It meanders a great distance through ii country, a greater part of which is well adapted to the wants of man. From the mouth of tlie Columbia, a few days' sail takes you to the Sandwich islands, and le.ss than thirty days, .. China. Here let me remind the committee of the expedition sent by the United States under the Ad- ministration of Mr. JeflTerson, In 1804,Lewisand Clarke, in the service of the United States, ascend- ed the Missouri, and are believed to be the first civilized men who crossed the Rocky mountains. They discovered and exiilorcd the lioad waters of the Columbia river, aiui fidlowed it down to itn mouth. A year or two afiir this, the Ainirican Fur Com|)any estul)lished trading posts on llic head waters of tiic Colunil)ia; and in IHll John Jacob Astor built tlie town of Astoria at its mouth. War was declared between liie United Slates and Great flritain, and in the month of December, 1HI3« Astoria WIS captured iiy the Drilish sloop of war " Raccoon," Captain Illakc. By tiie peace treaty, known as the treaty of Ghent, it was agreed "thai all territory, &c., taken from eitlier party by tiiu other during the war should be ntHTouKU." Not assigned to, aliened, or surrendered, but restored. Sir, you can only restore that which formerly be- longed to you. Mr. Cliairman, these are some of tlie reasons whicii have induced me to believe that the wiiolo of Oregon is ours; and believing so, 1 am (irepaieU to go tlie full iengtii to assert and maintain our claim. It is, sir, in my judgment, full time that the joint occupancy under the conventions of 1H18 and IB'iil should be terminated. Great Britain haii iiad the exclusive benefit of the arrangement, Witliout title to one rood of the territory, she haa dotted it everywhere witli her forts, and the Brit- ish flag at tliis day rtautits as saucily over the stockades of the Hudson's Bay Company as on the ramparts of Gibraltar. No American can set- lie there with a view to business. No sooner does he fix himself than the agents of the Hudson '.s Bay Company surround him, undersell, and drive; him from the trade. Mr. Farnliam, an intelligent gen- llcnmn who travelled through Ore^^on, states that Mr. Wyelh, an entcrpri.sing Yankee, established, at great labor and expense, a post for trading witli the Indians, (Fort Hall,) and immediately the Hud- son's Bay Comjiany forced liim to sell to them. They undersold him, and paid liigher price.s fiu- peltries, until the adventurous man found iiimself without business. The Hudson's Bay Company have now twenty-two forts in Oregon. Nor, sir, will it do to say that Great Britain has not thus ex- erci.sed acts of ownership and sovereijgnly over the territory of Oregon. The Hudson's Bay Company is, quoad hoc, the British Government. Well does she understand the use and management of these politico-commercial companies, and profitably ha.s she used them. Look to the history of the East India Company, and see the mammoth empire she has acquired by means of that trading corporation,. Little more than one hundred years shice Great Britain had in the Ea.st Indies the small commer- cial fiictories at Surat, Madras, and Calcutta, which, together with the island of Bombay, obtain- ed from Portugal as the dowry of the wife of Charles the Second, were all her possessions there. Now, after having waded in blood throat-deen to empire, she sways her sceptre over one hunurcd millions of people. The glory of the conquest is England's — the crime and horror of the murders belong to the East India Company, says the his- torian of that proud island ! So, too, would act the Hudson's Bay Company, if they dared; but the American people are made of sterner stuff. Satisfy our people that our claim to Oregon is good, and we will have it at all and every hazard. The pallid and trembling cry of war will not frighten them from their propriety. No ^aunt spectres of com- mercial distress, sacked cities and ruined com- ¥ 8 mr-rrfi, will filnrm the people, whru thfl nniionnl ri(;lii« wrid h'lnur nrv at Mtiikf. Kir, I triiKt ymi will nt f>nrc jjivr the notirr tn tPrminntp thm ruinoim joint oiciipiiiiry. h'l it lie firompl and (Iccmivc. Knixliuid will hrsililr Inn;; icroif MJir wiirN with m.h; nIic Ims little to irmn Imt hiinl l>lowH. Dnrm^; the lute war, nhe fi:ained little of advanlajje or t^lory. Wi- were ihrn seven mil- lionH of people; we are now twenty niillionn. At hfimr, she has sonieihiii'^ to look after. 'The un- ffdressed wroiii:^ of the Irixh people ninrlle her rnnseieiwe, ami her Ntarviii:,'' millions are illy eoii- tenteil with their iniseniMe liondai^e. Sir, I l)C- iievp the resolution heCcn-e the eoniiniitee, if adopt- ed hy f» true Ameririm vote, will lie the greatest of peace measures. It will assure the world of the inienti<m to vindirate our rij^his; it will assure Kn'4;huid that th<' nation is determined to have their own, des()iie her monetary^ her naval, orniilitary power. (Jenlleinen le^janl tlie passasifc of thi.i res- olution n.<i equivalent to a declaration of war. I do not sn refrard it. Rut should such lie the result of our netion, why, let it eoine. l-'or one, I adopt the lanc^unL'e and sentiment of old .lohn A«lama, when speakiiiijof the Declaration of liideiipiuh'ncp, " Sink or swim, live or die, survive or jieri.sh," I go for the rcsfdiition. 1 will not detain the committee by npoaki..^ of the value of Ore;;on; nfl whohnveheen there upeak of it as the fit almde of a vast nation of freemen. VVe want it now, to rerhiim it from ii« wild ntale, and make it Idossom as the rose — to reanip a mi!;hty repulilic, liased upon the riirhls fif man. Kni^land wants it, n\\t\ keeps it as n hreedini: den for wild heasts, in whose pursuit ever is thi rapacious Hudson May Company. fJod ^jave it for the uses of man — Kni^land uses it for i)ie lirer'dini^ of lieants. Let there he nil end to this. When our litU; shall \u'. maile iierfect, and our possession iisserted and maintiiined, the moral, the (loliticil, and the com- mercial aflairs of Asia will he revoluiioiiized. I helieve that the man is now liviiifr who will sei {'our Atlantic cities connected liy railroad with the *acifie. ocean. That accomplislied, and the trade of China, and India, and islands of the Pacific, rush by tlii.s course to Kiiropi". Six oreiy;htdays, hy railroad, will whirl you from sfunn maa;nificeiit city, to he fouiKJed ami Itiiilt on the shores of the Pacific, to Philadelphia or New York. We shall he neiijhhors of the Chinese; and as it was from the east the nations fif the world received their early knowledire of the arts and sciences, so from the west it shall l)C>;iven hack to them. Ay, sir; not only their arts and sciences hi'^^hly imjirovcd, hut we will take to them the blessings and the repub- licanism of Christianity. hrrn tfiorft iipenk ition of frt'ciufin. mi itfl wild Ntnte, )rri>ni[)iurii!j;hty frnnn. Kn:;laii(| liim: i\rn for wild is tli'i rn(mc.ioiis ive it for llio unrn rpr'dini; of licnstH. ir;n our title sliall sioii iissfrtMil and •il, nnd tUf; rom- r'VdlutiolliZf'd. I; iiifj wiio will RCC railroad with the •d, (ind tho Irndc 9 of the Pacific, Mx or t'ijjht days, some nia'^iiific.cnt thr shorcH of thn Vork. We Hhall IS it waH from the rived their early ces, so from tho m. Ay. sir; not ly iniiirovcd, but H iiiiU the rc[iub-