^>. IMAGE EVALUATION TEST TARGET (MT-3) /. ^/ Ai. &j 1.0 If' I.I 1.25 28 '" Bits !U 25 2.2 M 1.6 V] <^ ^^ /# A cy^ ^>> y /^ Photographic Sciences Corporation \ '^^ •^ :\ \ % V <^ 6^ <> 2S W?*;? (^'Atrj fAREET WEBSTER, i»■*. >^^N. •-■>. v^V^-S*N< V^*"N*'V^ WV^v DUCIT AMOR PATRLE." PHILADELPHIA; VRITBD STATIS BOOK ANP JOB PRINTIIfO OFFIOS, LSOOER BTTILDINQ. 1843. # OREGON TERRITORY. # The su])ject of the present Essny is of the utmost importance to every Aiiicricaii, native or naiuralizcd, who retains within his brba.«t one spark of national feeling or one remaining a.-i|)inilion for tlie glory or welfare of this Republic. Our best hopes of present public prosperity, and our most devout expectations of future public renown are intiniatsly connected with one word — " Oregon ;"' and the American citizen who would ret'use to listen to the voice of truth in regard to the in imentous national (juestions connected with that 1' itory, must be either too supine to be a good or vali '>le member of this com- munity, or too subservient i^ 'he inordinate ambition and avarice of a rival nation, who would rob our children of a noble inhentniicu. "For the present ex- position and disoussioii is, therefore, claimed a de- gree of attention much greater than its author has a right, personally, to expect, but which caimot exceed that which the subject imperiously demands. As there is much to say no further time will be expend- ed in prefatory remarks, but an immediate entry upon the discussion will be made. Has« the United States title to the Sovereignty of Oregon Territory ? According to establislied maxims of the Laws of Nu.ions, tliere are three methods in wliich a nation may acquire the sovereignty of a country. 1st. By discovery. 2d. By ccsioii of the rightful owner. 3d. By conquest. A brief explanation of the first title may be useful. Under this title the sovereignty of all the vast regions of North and South America, as well as of the West India Islands was originally acquired ; and under this title is it now held, mediately or immediately. Upon the juitir.e of a Christian people invading the Terri- tories of barbarous nations and thrusting them frofn the soil upon which the great God of the universe lias planted them, not one word will be said — not one word can be said, except that it appears to be a law of nature, that civiUzedTonii shall gradually succeed to the uncivilized. It is too late to discuss the question between the Europeoii and the Indian with views of retribution; and certain it U, that neither England, France, Spain, Portugal, Holland, Sweden nor. Den- mark can object to sovereignty thus acquired, since they have all severally, more oj less, participated in the practice and enjoyed the profits. To her possessions in Canada, England can produce no better title than her first discovery, and that of the French, under whom she claims. To the im- mense regions in South America, Spain never had any other title. Portugal holds the Brazils by the same tenure. With what justice then could u be required of the United States to protluce any other title than her own prior discovery and those of the nations under whom she claims ? No other title ever did exist in them, nor ever can be shown. But what is meant by " prior discovery ?'^ Is it a mere view of the land from a distance ? It is the first sight, followed up by a landing upon the soil ? Is it the first sight of it, landing upon the soil and taking formal possession ? Or is it the first sight of the land, followed up by landing and taking posses- sion, and a subsequent settlement of the same, within a'reasonable time, under all the circumstances of the «ase ? It is proposed to show, and will be shown, that the nation with whom we are at present contending for the right of sovereignty to Oregon Territory has, at different times, claimed and maintained sovereignty under everyone of these definitions of prior discovery — and that the United States can show title to the sovereignty of Oregon Territory under them all. Let us begin with the case of the Falkland Islmids, In 1.592, Capt. Davis, who had been sent out with Cavendish, in his last voyage, was driven by storm towards the Straits of Magellan, where he, accident- ally saw some of these Islands from the deck of his ship. He left them, without observation, or even giving them a name. In 1593-4, Sir Richard Hawkins saw one of these Islands, took it for the main, and gave it the name of '• Hawkiu's Maiden Land." The account, taken from history, of this discovery reads as follows : " Sir Richard Hawkins, being bound for the Straits of Magellan, was driven by a cross wind on some part of the continent, to which he gave the name of Hawkiu's Maiden Land. A promontory sh.wt- Ing out uito the sea with three points he called Point Trememain, and a pleasant Isle not far distant he called Fair Island," — Heylyn's Geography, publiih- ed in London in 1674. In 1508-9, Sebald de West, a Dutch navigator, came to the some Islands, and supposing himself to be the first discoverer, called them "Sebald's Is- lands." England heard no more of them for a century ; and their existtnct was even called in question. In the reign of William, one Strong,an Englishman, is said to have found them out again, and he called them '< Falkland's Islands." V4 S^% •i A LECTITRE ON Tlin No more wn'i heurd or tlioiifrlit of them, in Kiig- IiiikI. until nfter thu Ircnty of 1703. Ill ]'i\\. Ciipt. n.vroii, on a voyiiRe of discovery, de- srrii'd Piilkliiiid l»laiid», enterud the liiirbor, liiiiduil on onf mid took poHNussioii of llie port uiid siirroinid- in«! Is!iiMd« in the name of Geore III. Ho railed the Haven. " Port K^monl." He made no Hijtllc-nienl. In 1706, the Kin)? of Spain neiit troops from Hdeiioii Ayres to another of these Islands, took poMe^aion of it, settleil it, and culled it •■ Solidade." In tlic same year, Capt. McHride established agar- ri»on at P' .» Kgmont. It did not appear that either /an(/, separiiled entirely from the main land by a part of the Pacific ocean, which he called '-Mare Verniiglio." If Drake, uistead of going tlirough a lidiculous ceremony, which he ex- ullingly describes, of taking a formal surrender to England of the Indian crown from some ignorajit natives, whose language he did not understaiul, and of slicking up the anus of G. Urilain uihiu a territo- ry which ever had been and ever has been acknow- ledged to have behHiged to the Spaniards, had taken ordinary pains to understand the country, he would liave lound that his " New Albion" was no island at all — that his iKiriherii point of thi.* island was none other than the conliiuntal Cape Ulanco of the Spa- nish discoverers, situate in California, and that his new Mi're V'Tniiglio was only the '' (iulf of Calil'or- iiia," which, at its head, in lat. 33", receives the Ci-- lorado, and not a strait of the sen, extending I'lomthe Tropic of Cancer to lat. 3ri", as he supposed. I have in my possession a map, published in Liondon in lOUO, eighty-nine years after this pretended discovery of Sir Francis Drake, wherein all the land on this coast, north of lat. i'iy, is marked as •' Terra Boreatis inrng' niti," which mai) never could have been published in F.nglund, at that time, if Sir F. Drake had pre- viously discovered Oregon Territory. Is it not riili- culous for Kngluiid to lay claim to Oregon under such a discovery, when they are obliged to admit, from Drake's own confessions, that he knew nothing of the coast beyond lat. 3b'^, luid Oregon Territory com- mences ttt 42'^ ? In the next place, let us examine the discoveries of Capt. Cook, under which Great Britain claims Oregon. In 1770, two years after the Spaniards had discovered Nootka Sound, and at'ter the news of that discovery had actually reached Knglaud, Capt. Cooke was sent to discover a northwest pas.«age I'rom the Allantiu to the Pacific oceans, He had positive in- struction.'! not to lose time in search of new laiiilf, nor to stop at any fallen in with, except to wood and wa- ter, ii 'il he had reached lat, 0.5", and not to take pos- scssi >f any countries already discovered or visited by any Kuropeaii power. He " towr/icd" (says an Kiiglish liistorian, liissett,) at Nootka Sound. He diil not, at the time, preleitU to be the discoverer — he was aware of the prior discovery of Perez and .Martinez, and found ainoiig the natives articles of European manufacture. This pliice might never have been again visited by an Englishman, but for an accidental circumstance. Some of Cooke's crew purchased some furs of the natives, which were sold to advan- tage in China, Captain King, who wrote the history of Cooke's voyage, mentioned this circumstance, and recommended it to his countrymen as a It' ;rative trade. In consequence, John McPherson, Governor General of India, acting under instructions from the British Cabinet, fitted out two small vessels, and sent a few adventurers to NcK)tka Sound in H^W. In 17fci) Dbout seventy Chinese were transported thither. Meares, who hud the coininand, built a house and for- tified it. In 17f9, Martinez, a Spanish captain, dis- covered these iiitrnders, took possession of their build- ing and ship, sent the crews to a Spanish port, took d iwni the English colors and raised the Spanish in their place. From the English account of this trans- action, as recorded hi Bissett's continuation of Hume's Histor;jiuf England, 1 vol, p, 2li4, the following hifer- ences niiy t'airly he drawn: 1st. That no prior or contiicling discovery to that of the Spaniards, of the Oregon territory, was ever made by Drake or Cook, or any other Englishman : for, 1st, the Sptuiish nation (says this English historian) claimed CTC/Mxce sni'ereigntt/, imvigation, and commerce in those territories, coasts and seas. This claim was iiiiide, in T the individuals injured, and for the insult ofTered the nation through the subjects. Now, it is inquired whether, according to the rule of t.rprtssio uniits est txclusio alterius, by the enumerining of these griivances, George HI did not admit that there were none others to be redressed, and that, therefore, the British htid no title to tlie sovereigrUy of Oregon Territuryl But, secondly, the King comjilained to Parliament — ond what was the gravamen of that complaint ? •' The message of the King (says this English historian) stated, the injury, (i. e,, the injury before stated, for A LECTURE ON THE hnM thrrn licrn niiy ni'W (iiip it would Uuvc. Ix'f-n ineiilioniHl,) the iiiKiilt, llii; Halisriiotion iloiimiiilcil, and the ruply." Thvn ; hence, silence is construed into an aban-6. In 1808, the American Missouri Fur Company esta- A LECTfRK ON THE kliihed nevenil IriuliiiR piMtn, mic on thf River Lvwin, n liniiic'h i>( ill).' Ciiliiiiiliiii. Ill |H||, AsiDi'iu wiiN riiiiiiilu.l, at ilic mouth of ilif. Coliiiiihiii Kivur, liy Mr. Joliii Jacob Aslor, of New York. Ill Dec'uinlier, l^lf), Aitnria wnt capiurud li) tlic llritiHli HliHi|i-or-wur, Knccooii, Cniitiiiii HInke. liy the Trculy ol' (ilieiil, it wiu iiKri-t'il lliiit nil Terrilorit!*, Ac, mkeii liy fillier piirly from Iho other, iliiriiig the Wiir, glumld liu ru»torcd wiilumi delay. Astoriii \vn« reslori'il iiii- lih of Octoher, lt*lH. Hy virtue of the iihovc iiiuiilioiii'il dif»covory, settle- ini-iil Hiid rt!Htoriilii>ii, thu Uiiili-d Sinti-s, without the nid of iiiiy othi^r tillui, Imvuik right to ihu soveieigiity uiid soil of Ort'ijoii Territory. Great liritaiii preteiuU to «ny that Alexander Me- Kiii!iey, one of their .■'ulijerli', di.^covered a north lirnnrh of the Colnmhia Uiver prior to our dinrovo- nes; hut MrKiiixey liim.'stHf han xaid Ihat hin dis- covery wiw ill May, I7ii:). whereas that of Capuiin (jray wa.* in \'!K; and if any iiM|ia:lial person will read McKiiiHey':) areonnt, he will he conviiieed that the river he saw wan mil a liead water of the Coliiin- l)la. [See Report of Coininittee on Military Aflairs, made to 27th Coiigien.*, the tliird oession, No. HI, p. 17] They also contend Ihat Mr. Thompson, Asinmo- mer, of the Northwest Fur Company, e.slalilif^lied poAiR among the Klathejids and Kootanie Trilies of Indiana, on the head waters or main hranrh of the Coliimhin, in tlie snnie and suhxfqumt years, a.» the discovery of Lewis and Clarke, flut when ilie evi- denre iipiin this point in examined, it turns out t)ial Lewis and Clarke reaehed the I'aeifie Ocean. aUer exploring the Colmnhia Uiver, on the l.^lh Novem- ber, ls{»l, aiwl thai the earliest post e-tahlished hy Mr. 'I'lioinpsdii was in the spring of I'-fMJ. Greil Hri- taiii, well knowing that she had no title to the sove- reignty of Oregon, proposed to the United States to oraled agent of a rival iialion ; and the lumber triule, which V. onid of llsidf be siiirieient In pay all the expeuses of traii-it and setllemeiil, and by eiiiililiiig us, llirough that direct route, lo cxchangH Ihe boiindiesn produce of the lead mines of .Missouri for the teas ami silks of China, instead of transporiiiig lliem to the Athinlic Slates, anil tliunce to the Kasl Indies, we woulil not only supply ourselves, bill all the rest of ihe world, with these valuable commodities. Circnt Ilrilain, a* long ago as I7M), valued the •' Irul, and IniJ/ir" of NcMiika Soiniil so highly, thai her I'arliiiineiit voled a inillio •. if pounds sterling to secure llicin| and we are lold in A.'doria, (page -i'lO, ad vol.,) tliat ihe goods taken onboard an Aiiiericaii vessel at .New York, which cost there only $J3,00(», were excliimged on this Northwest coa-I for furs, for which Ihe ciiiilaiii WHS iilfercd, in Ciinlon, .'*l.")li.(llM) ; and llial, hail he accepted this oflTer, and laid out Ihe amount in Chi- nese goods, they Would have brought, in New York, 8.1(MI,(I(KI. The editor of a respectable Englisli periodical, whose work is eagerly sought after and extensively read in this country, Jvlinburg Review.) pronoiiiice« all uttempts to settle Oregon from the Allanlie States to be i;/i;«).<.mW»?. '•However the political queslioii between Kngland and America, as to the ownersliip of Oreg III may be decided, (says this editor,) Oregon never cna he ri)lonizrd over land from the Easttrn States." Now if this is the case, it is worse thiui useless lo make the present proposition, which, by holding out false induceinenls lo accomplish ends be- yond our reach, wiuild unnecessarily disliirbthe pub- lic traaquiUily. Hut is it the c-ise ? Or is this writer, who no doubt acts under the direction of the Uritish Cabinet, endeavoring to blind us, and withdraw our attention from a lucrative trade, ihat bis own conn- irymen may, in ihe mean time, reap the golden ad- vantages? Hi; remarks; — "In the ineun lime, the long line of coast (of Oregon) invites emigration from the overjieoplid shores of Ihe ulit world (Kngliuid.) When once Ihe Isthmus of Darieii is rendered traversable (he i)roceeds) the voyage will be easier and shorter lliiui iliat to Australia, which 30,000 o/ our country- men have made in a single year. Let u.< not then (he concludes) under the idle persuasion that we have colonies enough ; that it is mere labor in vain to scat- ter the seed of future nations over the oarlh ; that it is but troiilile and expense to govern them. If there is luiy one thing on which the inaintemmce of that ptrilous greatness to which We huv-e attained depends more Hum all the rest, it is colonizaiion, the opening of new markets, the creation of new customers. It is qnile true that the great fields of emigration in Ca- nada and Australia promise room enough fir more than we can send. liut the worst and commonest er- ror resiiecling cohinization is to regard it merely as ihal which it can never be — a mode of checking tlie increase of our people. What we want is not to draw oiT driblets from our teeming multitudes, but to found M'.ti' imriim* of commercial allies:. And in this view every new colony founded, far from divertiiiji strength from the older ones, infuses into them add:- tiunul vigor. To them, as well as lo the mo'.htr OREriON TEKKITORV. irreamnft tnn- (I iiiurl for our I diH'iire to \i» hve liiive \tevn ic c'or|)<>ritlI IriiJJtr'^ of jiiiiiMit voivil a liciii j mill we tliat lliu gootU 111 New York, t'Xi'liiuiKed on I'll iliR ('ii|itaiu 1 llmt, hail he iiuouut iu Chi- iii New York, IhIi puriodicul, lid uxteiwively ,v,) |)roiioiiiii'L'« Alluutic, Stiiles itii'iil (pieslioii tlie ownership jdilor.) Oregon Mil the Eusltrn is worse thiui ion. wliii'li, liy iplisli eiulH be- liiiliirlitlie pub- r is this writer, of the British witlidniw our his own coun- the gohU'ii nil- 1 lime, the loii^ rutiou fr tribu- taries and head waters, under a well known princi- ple of the law of nations, that " the nation who dis- covers the mouth of a river is entitled to all the land that is watered by that river, its tributaries ond head waters." " The United States (says this M. P.) occupied the territory in 1S05, mid upon such occupation claim an exelnsive right, at all events as against England, to the whole country." Now, if this M. P. will allow the United States to speak for themselves, he will find that they claim the whole territory by virtue of the grant from Spain, whose right of prior discovery of the same they (the United Slates) are ready to prove, as also that it had been acknowledged by Great Britain prior to the ces- sion of Spain. And in answer to the cloims of Eng- land to the discovery thereof, the United States allege that, in 1792, Captain Gray, of the American ship Columbia, first discovered the Columbia River, •which he named after his ship. That he landed, lield an interview with the natives, who had never before seen a white man or a ship. That, in 1801, Lewi* and Clarke, in the employ of the United States, asc'ciidtd the Missouri, passed the Rocky Mountains — up to that time une.'tplored by a white man — disco- vered and explored the head waters of the Columbia River, and followed that river down to its mouth. Where they passed the winter of 1S05-6. That, in 180S, the American Missouri Fur Company eslablished several trading posts on the River Lewis, a branch of the Columbia. That, in I'^ll, Astoria was founded, at the mouth of the Columbia River, by John Jacob Astor, of IVew York. That in December, 181.3, As- toria was captured by the; British sloop-of-war Rao- coon, Captain Blake. That, by the Treaty of Ghent, it was agreed tiiat all territories, &c., taken by either party from the other, during the war, should be re- stored without delay. And that Astoria was restored to the United States by Great Britain in 1818. Now, the United States say that by virtue of the above dis- covery, (which was prior in point of time to any that England can show,) by the settlement within a rea- sonable time under all the circumstances of the case, and by the restoration, they have, independently of all other considerations, a full and perfect title to all the land watered by the Columbia River, its tributii- ries and head waters. It will hence be apparent that the M. P., in his statement of the American title, ha.s omitted many of its important features. It appears strange to us, on this side of the water, how a M. P. should be igno- rant of the fact that the United States dales her dis- covery of the Columbia River os far back as 1792, as above stated | and not in 1805, as he (ilie M. P.) has staled, seeing that whenever the United States have made known their claim to be the first discoverers of the Columbia River, the ''iscoverie.s of Captain Gray and of Lewis and Clarke have been simultaneously promulgated ; and il is erpially strange how a person so well informed, as a M. P. ought to be, should not know that his own countryman, Vancouver, an offi- cer in the British Navy, admitted that Captain Gray had discovered the mouth of the Columbia, and liad informed him (Vancouver) of the existence of that river, of which he had no previous knowledge. " Af- ter leaving Nootka Sound, (says this Engli.«h navi- gator.) the serenity of the weather encouraged him to hope that he might be enabled, on his way south, to re-examine the coast of New Albion, and particu- larly a river ami hnrbnr .Jscovered by Mr. Gray, in the Columbia, hHK,s synonymous to " title," but in all the rest of the passage he uses the word " claim'" only. If, by so doing, this writer meant that the United Stales were precluded from discovering, tak- ing possession of and settling Oregon, because Eng- land had already claimtd the territory, without re- gard to \\\e. title of England thereto, it is denied that there is any principle of the law of nations which recognizes such a position. The notion is so absurd and dangerous that no nation in Christendom would be willing to submit to its introduction. Suppose, for instance. Great Britain (who, through one of their most popular writers, has recently declared that " the whole earth is her inheritance" — Edinburg Re- view,) should publish a manifesto declaring that they " claimed''' all the islands in the Western Ocean, would that claim prevent other nations from mukuig subsequent discoveries of, and appropriating to them- selves any island in that regio* which was before such discovery unknown ? If, on the contrary, by the above pasBnge it was in- tended by the word " claim" lo mean " substantial claim," (" title,") then the United States are not obliged to enter the lists with Qigland under the disadvantages obscurely pointed out by the M. P., but have a right to put her title to Oregon before the tribunal of the world, upon the same square oud level OREGON TERRITORY. 13 f Cuptain Oray simultaneously ! li()\v a iierson le, shoulil not ;ouvor, an oiTi- Ca|)tuiu Gray nliia, and had sifuce of tliat nvledpe. " A(- English navi- iconraged him lis way south, n, and particu- Ir. Gray, in the orty-neventh de- iT the M. P. to of the Coluin- as 1792, as, in in given to the sovereignty of ributaries and latioiis. a regard to the IS see what fur- imstunces, does shall have this no oilier sub- e is admitted, Ji'w'' is niei'ut s earnestly re n mind, a^ it is ivor, ined, is cheer- Ihe inferences , provided his nderstood. uws, tlie M. P. claim," which ) "title," but in word " claiiH^' niuanl that the covering, tak- because Eng- ■, without rc- is denied ihut 'nations which on is so absurd itendom would Suppose, for h one of their declared that -Ediidturg Re- aring that they 'estern Ocean, s from niaking iating to theni- ich was before sage it was in- n " subslaiilial States are not land under the ; by the M. P., on before the quare aud level as her proud aj; any land, they relinquish- ed their purpose and altered their course. Drake now deteriiiined to visit the Moluccas, in the East Indian Sea, and thence return to England, by the Cape of Good Hope. Oil the 17th of June, 1579, he an- chored in a commodious hiirbor in no. ih latitude. 3S deg, 30 mill., (which ii|>on t)ie small niiip which ac- comiianies this letter is marked " Po. St. Francis Dr.") This liuid our hero mistook for an iMnitd, and supposing himself to be the first discoverer, he took possession, and called it '• New Albion." And this is llie discovery under which (this M. P. says) Eng- land ;ii)i(' claims Oregon Territory, wliicli lies bc- tweeaiiorth latitude fuiy-two degrees and fit"ty-one degrees forty miniites, aud whicli iiiait; mver sail'. On the 23d t)f July, Drake kit there sk ires, pro- ceeded to the Mi'liiccas, aud thence, by the Cape of Good II pe, home to England. I have followed Drake thus miuulely that every one ni:iy judge for himself how ridiculous it is for this .M. P, to rely upon the pretended di-covery of A'etc Al'jiun, by Sir Francis Drake, for giving title lo 1 ngluud to Oregon. 'na geographical work by Peter Ileylin, published i.. London ill 1071, page lOj, this " island" of A'ova Albion, in latiliule thirty-eight degrees, is said to have been discovered by Sir Francis Drake, in ' 's cir- cumiiavigalion of the world, anno ].)77, and by him naiiu;d \ova Albion," in honor of England, his own country, which was once called •' Albion." In page Id, " Nova Albion" is stated to be parted from tlie main by a sea called " .Mer Veriniglio," which, it is said, is entirely surrounded by the ocean and extends from Cape niaiico to Cape St. Luciis. The Gulf of California, inlsiiamed .Mer Veriniglia, which sepa- rates Ihe peninsula of Old Calitornia (not the Island of Nova Albion) from the main land of Mexico, is about seven hundred miles h^ng, varying in breadth from sixty to one hundred and twunly miles ; at its northern extremity it receives the Colorado and the (.iila Rivers. On the map of North and South Ameri- ca, which will be found between pages t;2 and 83, this supposed Island of New Albion and " Sea of Vermiglio" are laid down, and all the land in Norll;- western America b«yond lorly-two degrees is marked • 14 A LECTt'EK ON THE as "Terra Horealis Incognita..'' To California llie title of Spain never has bt'eii disputod liy Eng- land or any other nation or individual. (It was dis- covered by Cortez in 1.'>.35.) Even our M. P. has admitted it. "But Spain hitd never the shadow of a ,claiin, at all events recognizod by England, to an acre of soil beyond the present acksow- LKDOED NORTHERN LIMITS OS Mkxico, beyond the parallel of forty-two degress" and within thi.s ac- knowledged limit of California, this pretended "New Albion" is said to be. What becomes of the bnasied discovery of Ore- gon Territory by Sir Francis, upon whiih this M. P. so confidently relies for the title of Great Britain, when it has been shewn, not only that Oregon was not included within the only piece of ground o" which Sir Francis erroneously claimed to be the dis- coverer, but that his countryman, liis historian, and the herald of his fame, hixa acknowldeged that in 1674, nearly one hundred years after Drake's return home, the regi(m tiow known as Oregon, was utterly unknovmiii England? England, it is presumed, will never again display the discoveries of Sir Francis Drake in coiuiection with the title to this territory. But, to return to our M.P. He proceeds to say that the title of England to Oregon is founded upon those acknowledged principles upon which she held her former colonies on the AtlmUic side of North America, and that the United States, having by the treaty of peacf of liS."), taken a transfer of the Eng- lish title to the colonies, are forever precluded from disputing the title of Great Britain to Oregon. Now, leave is taken to deny both these premises and the conclusion. The title under which Great Britain held her former Atlantic colonies in North America wiis founded upon ti.e prior discoveries of Giovanni (iulmto, in tho employ of Henry VII, in 11!)7, and her actuiil settlements made of them from 10-20 to IGSl. But she can show no discovery of Ore- gor. prior to those of Spain, under whom we claim, or to those made of the Columbia River by the United States. The title of England, therefore, to Oregon does not depend upon the same princii)le3 as the title to her former Atlantic colonies; and the pre- mises of our M. P. fall to the ground. But even if England had an imperfect title to her former Atlantic colonies and the United States accepted that title, quantum valebat, how could this acceptance affect, one way or the other, the title to Oregon? The United States were in possession of the soil, and were the owners, rfe/acto; England claimed to have the title to the sovereignty, de jure ; where then was the impropriety of accepting such an instrument, which might act, at leost, as a release. The next ground upon which the M. P. places the title of England to the sovereignty of Oregon is what he calls the general principles, which at the time of the western di.-»covery and settlement were univer- sally admitted to regulate the practice of the Eu- ropean powers in America. " In appropriating to tliemselves (says the M. P.) the newly discovered continent, there was one common rule which they were TACITLY and mutually pledged to observe." " It was regarded from the very first as a fixed principle — that possession of the Atlantic coast conferred upon the possessor the right to the inland country — stretching indefinitely tpe.^twnrd." That there never was any such " principle," or " common rule," to which the European powers who discovered and settled America were either tacitly or expre8.«ly pledged, will now be proven. In 1683, M. De la Salle, a Frenchman, navigated the Mississippi River from Canada to its mouth ; in virtue whereof France claimed the sovereignty of Louisiana, on both sides of the river, from the Gulf of Mexico, in north latitude about 29 deg., to the head water.s, in 49ih deg. of latitude. Now, this re- gion of country lies westward of the British Atlantic colonics in North America, which, as before shown, had been previously discovered and settled from Georgia, in 31 deg., to Maine, in 48 deg. If, there- fore, England, by this discovery and settlement of the Atlantic coast, had conferred upon themselves " the inland country, stretching indefinitely westward,''* they were entitled to Louisiana, which lay between these latitudes, on the " stretch" towards the west. But this title of France was acknowledged by Great Britain in the Treaty of Utrecht, in 1713, Piid of Ver- sniles, in 1703. And if this rule of stretching indefi- nitely to the westward was the " principle," or " com- mon rule," why did not England, by virtue thereof, claim all the rest of the Spanish possessions on the North American Continent, which lie between the parallels of latitude of their Atlantic colonies? Why did they not lay claim to all that part of California which lies between 31 deg. and 42 deg., which could have been done with equal justice, if any such prin- ciple or common rule had been pledged ? And why has our M. P., almost in the same breath that he claims the right of stretching westward indefinitely, told us that " the acknowledged boundary of Spain extends to 42 deg" ? Again, when, in 1790, England had the dispute with Spain, with 'eg-ard to her pretended right of trade and traffic at Xoolka Sound, why did not the learned Pitt put an end to that dispute in a minute, by saying that Nootka Sound lay between 45 deg. and 51 deg., and tliiit B^nghind, by stretching indefinitely westward the lines of latitude of her colonies, was entitled to cliiim, not a right of trade and traffic, but the sovereignty of Nootka Sound? Had any such " principle," or " common rule," such as the M. P. has now insi.sted on, existed, it would scarcely have escaped the acute observation of tlie renowned Pitt ; and therefore the inference is allowable that this is an after-thought, seized upon, as a dernier argument, in support of a hopeloss claim. Moreover, if this rule of stretching westward to the Pacific Ocean was a common rule, as the M. P. hr " as-serted, why does not Great Britain, in virtue of her possessions on the eastern side of the conti- nent between north latitude 54 deg. 40 min. and 65 deg. 52 min., claim all the land between tho.se paral- lels of latitude on the Pacific, whereas it is well known that Russia holds undisputed possession of those regions, and the Hudson Bay Company, the great corporate agent of Great Britain, has taken a lea.se from Russia of a part thereof. In every civilized country with which we are ac- quainted, when one man seeks to deprive another of an acre of ground, the demandant is called upon to make proof of his title, us b condition precedent to u lati OREGON TKRRITORY. IS ) ry—itreUhing principle," or 11 powers who ither tacitly or an, navigated its mouth ; in sovereignty of rom the Gulf , to the Now, this re- Iritish Atlantic before shoMm, settled from leg. If, there- settlement of on themselves tely teestward," h lay between ards the west, edged by Great 713,t>ndofVer- retching indefi- iple," or " corn- virtue thereof, sessions on the ie between the colonies? Why irt of California g., which could ' any such prin- ted ? And why ; breath that he mn\ indefinitely, indary of Spain the dispute with right of trade and the learned Pitt e, by saying that nd 51 ('eg., and ily westward the entitled to claim, the sovereignty ' common rule," :d on, existed, it ;ute observation : the inference is It, seized upon, 1 hopeloss claim, ng westward to ale, as the M. P. ritain, in virtue ide of the conti- 40 min. and 6S 'een tho.^e paral- tiereas it is well ed possession of y Company, the Ain, has taken a vhich we are ac- prive another of I cpUed upon to on precedent to his recovery. Upon the same principle of right, it may not be esteemed too bold to inquire, when Knp- laud is seeking to take from the United States tlie sovereignty of a country he ing an area of three hundred and fifty thousand square niiies', what evi- cknce she hiis produced of tliis rule, of stretching in- definitely westward, U|>oii which our M. P. 8t> firmly relies? Is it a part of the law of nations, binding, by common consent, upon all civilized communitie.i ? This is not pretended. Can it be traced to any treaty made between those nations who were respectively concerned in the discovery and seltlemeiii of North America ? No such treaty has been imr can be vouch- ed. " This rule (says the M. P.) the Kuropenn pow- ers in America tar.itly and mutually pledged them- selves to observe." He acknowledges, ihcn, liis in- ability to refer to any such eonueiUion, contract or agretinent between the parties in interest, aiid relies upon inference and implication, a v frail and dan- gerous base whereon to build so important a super- structure as the " pledge" in question. He has, more- over, first asserted that the rule was " univenally" admitted. "In order to form a correct judgment (says our M. P.) we must throw ourselves uixm those principles which at the time of western discovery were universally admitted to regulate the practice of European powers in ' America.' " Yet, imme- diatfl iifierwards, he tells us that, " although it was the r(cvs;nized principle, there were many instances in which it was widely departed from.-'' And two instances, of great iinpoiiaiice, have been above no- ticed, viz., those of the lands watered by the Mi.-*- sissiinii and California, which are in direct opposilion to such a rule. Our M. P. then proceeds lo point out some instances in which (as he says) Eni^land acted upon the principle of thi.? rule ; but, in order to make an agref mentor contract, \X will not suffice to show the acts or words of one party, it requiring the coii- senl of at least two to make an ngreenient ot any kind. Itesides which, the iiislauces which the M. P. hasadduced in proof of the rule of stretching west- ward to ihe Pacific Ocean, are none of them to the point, since they turn out, upon e.\nmination, to be nothing but English charters to their own cohmists, without giving western limits; a practise which arose out of an ignorance of the geography of the North American Continent. The two grounds upon which Great Britain claims title to Oregon, relied u|K)n by the AI. P., hare now been examined - J what is the result ? That she has not the shadow of a claim. They shall be briefly recapitulated. l.st. The supposed discovery of Ore- gon by Sir Francis Drake. 2d. The right of the dis- coverers of lands upon the Atlantic coast to extend their lines westward to the Pacific Ocean. Both these have been fairly discussed and completely answered. Now let us glance at the other side. The United Slates claim the whole of Oregon Ter- ritory under a soleimi treaty made with Spaui, and afterwards confirmed by Mexico. The M. P. says that, under the transfer of Spain, Ihe United States cun derive nu better title than Spain herself had. Ad- mitted. Hut Spain made the first discoveries of Ore- gon Territory, from 1543 to 1775— and the Parliament of Great Britain has acknowledged her title to the same. [See my first lecture — the proceedings in re- lation to Nootka Sound.] And as to the discovery of the Columbia River by Captain Gray and licwis and Clarke, it is not and cannot be denied. The M. P. admits that the United States wa.^ in possession of Oregon in 1&05. He ought lo hnvesaid 179*2. And it is only since 181)3 that threat Britain has attempted to occupy the same But it is obvious that in whichever way England claims Oregon, whether by the discovery of Sir Francis Drake in 1570, or by the discovery and set- tlement of her Atlantic colonies, the last of which, viz., Pennsylvania, was colonized in I'inl, that if Bhe ever had any title at all she must have had it previously to 170.3. Now, in that year Great Britain, France and Spain made a solemn treaty settling defi- nitively the parts of the North American Continent that belonged to them respectively, and the Emiiisli historian, Bissett, in " his" continuation of Hume's History of England, tell us what was ihe extent of her territory on this continent at that dale, including all her discoveries and acquisitions ; and Oregon is NOT INCLUDED. And I have now in my possJession a map, which is entitled " An Accurate Map of North America, describing and dislinguishing Ihe British, Sptuii.sli and French Dominions on this great conti- nent according to the Definite Treaty, concluded at Paris lOlli of February, 1703, also of the West India Islands, belonging to and possc>'scd by the several European Princes and Slates." "The whole laid down according lo the latest and in )sl aiitlieiilic iin- provcnii'iits, by E.man Bowen, (.'iEoo'ii to uls Majes- ty, and John Gibs hi, engraver." And oil this map the doiuinionsof KiigUuiil e.ilL'ud from llie Atlantic to llie Missis-ippi ; ilio French doiniiiions c.xiciid from llic Mis.si:-sippi lo the western boiiiulary of I,oiii>iana, and ALL THE country IIETWICEN THE LAST MKNTIONEO liofNDARV ANu THE Pacific Ocean is i-ui down as BELONGING TO Si'AiN. This cvideuce is conclusive as to the right of Spain, and shows that the claim now made by England is of recent date and entirely insupportable. "The nitv relations of the civilized world with the East have brought the Pacific coast of America into vast and sudden importance,'' says inir M. P. Here is the main-spring that has set in motion all llie wheels of British sophistry. But they revolve in vain, for the United States never will give up Orec;on (to which they have a just title) as long as the waters of the beauiiful C(duinbia River shall cimtinue to flow and the Rocky Mountains shall stand upon their present fuundatioiis. PART IV. A Review of the "Statement'^ of Messrs TrimUsson and Addiu'^Uin, Engliah I'lenipolcnliarips in 1827. Truth is simple and uniform; but the British claims to Oregon are complex and contradictory. I published, at large, the letter of a distinguished mem- ber of the British Parliament. In it, as has been seen, the title of England to the Territory in question is confined to two grounds, 1st. The (pretended) dis- covery of Sir P'rancis Drake of his Island of New Albion, and — 2d. The assumed right of the British crown, by virtue of the discovv:ries and settlements of their former Atlanlic Colonies to stretcli Ihrongli to the Pacific Ocean. Having submitted my answers 16 A LECTURE ON THE \- lolh tliese grnuiid.o, in my third Kcony, it is not my purpose to resume that (lifciifsion at tills itiomeut ; l)iit I liiive tlioiiglit proper to miiUe the iiliove stntemeiil (f Ilie grouuds of title to show that the M. P. con- tended for an errlusive rijfht of sovereignty over the whole Hoil. <'J3eyond the pariillel of 42° (says tlie M.I'.) Kngland has ever ste.ntlily rlaimtd an exclii- sivK PROPRiKTORSHip, HOf has «ny act on her part, since her title fir.»i accrued, cither weakened or interrupted her claim." I now solicit the attention of my readers while I n('t out the grounds of the title of Great IJrilain to Oregon, as contained in a written ftattineiit of Messrs. HusKissox and ADDi.NfS" TON, plenipotentiaries appointed hy lier in 16"27. '• Great Britain claims so e.xclusive sovereignty OVr.n ANY fORTION OF THE TERRITORY IN THE I'a- { jirior disrovcry of annti>,n must, by inevilalile consequence, confer an es^lm^lve ri'j:lil, if it confers any. Ami il wa.« upon the strength of tins conclusion llinl the Hrilisli government eject- ed lliu Spaniards from the Falkland Islands, the Dull II fr( in their seillevne)ii.ii in New York, and the Swedes from llie peaceful shines of the Delaware, riow is it possible thill a S'jirtrate act of discovery can eont'er a jt^inl i iglil ? The e.\clii-^i ve sovereignty is conferred upon the nation, in coii.^idcraliiu of the expense, trouble, iiidnslry and perseverance of the citizens or subjects in niakiug tlie prior discovery ; bill it Would be struii^'c indeed if this sovereignty W!is to be divided, equally, between those who hail and those who hntt not been at this expense and trouble j — between those who hail used industry and perieverance and those who had not. And this in- congruity is rendered still more striking from the circumstance that this right of sovereignty by prior discovery, is to be enjoyed not only by n«oJ/ier, but by U'ther States,'^ i.e., by all other States who t'vink proper, at any time to make the claim. " The claim of Knglaud (say Messrs. Huskisson and Addington) is limited to a right of joint orntpanr;/ in common ivilh other States." That such a common right, origin- ating in a prior discovery of any one State, is recog- nized by the law of nations, or has ever been acceded to, t'xeept where the nation has been forced into the measure Iiy the fear of British arms, I confidently deny. Upon the whole, then, it appears that this ";;reMi andoccciipicrs of the same," which were derived (as it is saiil) from Spain, and which Great Britain, by virtue of the Convention of 179f), might claim to c.\- erci.^e in lime (f peace, certain it is that, by the decla- ration of war in 1796, all these licenses were abro- gated and auiniUcd, and that they never could be again revived, except by a new convention maile by the parlies in interest. Thisisnprinciple ofthe law of nations, wliich will not be denied. No new convention was made between England and Spain, renewing these concessions, between ]7U(i and the 22d February, 1819, when Spain traiisfeirej all her right, title and interest in Oregon to the United States. So that this "//rffen.«io«" of England to hold Ore- gon by virtue of this Convention, is only another of those straws by the specific gravity of which thuy vainly hope to keep their unfounded claim from sulking. PART V. The Discovery ofthe Columbia River. It IS prop(>8ed, in the present imper, to give a cor.- densed view of all the facts imniccliatcly cunnectc:! with the discovery ofthe Columhia River, in Orcg. .ii Territory. This river, one of the head waters if which is as far North as lat. 51, empties into llie Pa- cific Ocean in 40 dcg. 18', between two points of land ; one in the North called " Cape Disappoint- meni" or " Cape Hancock," and the other called "Point Adams," seven miles distant from each olhe;-. In 177.'), Don Antonio Bucareli, then Viceroy of Mexico, fitted out an expedition to the North Pacific, for the purpose of examining the Const fioni Cajic Mendocino in lat. 40 deg. 19' to lat. 05 deg. Thi> expedil on, which con,>isled of the Santiago and S'>- nor.T, was placed under the command of Captain Bruno Heceta; Juan Perez going in the former ves- sel as ensign, and .luan de Ayala being chief officer of the latter. These ves.sels on the Kith June cast anchor in acoveinlat.41deg. 3in., .vhicli they named " Port Trinidad." On the 9th of July, finding them- selves in the latitude where the Spaniard, Juan de Fuca, was said to have discovered a Strait^ they sailed thither, and descried the Southwest side of a great Island, since called " (Jnadra ancoveraiiyport." The name of " Cape DisapiHiimwiJ''^ wius given to the iiroinon- tory, and the JJay obtained Ih'j title of " Dtception B'ly.'' l?y an indiirercnl meridian observation, it lies in the latitude of 40 deg. 10' North, and ni the computed longitude of 23.5 (leg. 3,5' l^Iast. AVe can NOW wiril SAFETY ASSEUT (says Mcares) that so SUCH IllVEK AS THAT OF SaIXT Roc (Iloque) E.MSTS, us laid down in the Spanish charts.* Hefore I proceed to the discoveries of Captain Gray, of the American ship Columbia, I lake leave to make a few remarks upon this account of Lieut. Meares. The h(mest, plain dealing part of the community, not only of the United States, but, I trust, of England, will be surprised to learn that upon these acts of Lieutenant Meares, Great Britain inahitaine that he was the first discoverer of the Columbia River ! In 1820, the plenipotentiaries of the British Govern- ment presented a statement to the minister of the United States from which the following is truly ex- tracted. " Great Britain csm show that in 1788, that is, four years before Gray entered th. mouth of the Columbia Rircr, Mr. Meares, a lieutenant of the Royal Navy, who had been sent by the East India Company on a trading expedilicn to tlie Northwest coast of Ameri- *Meares' account of this voyage, published by him in London, 17U1), p. 107. ca, had Mready minutely explored that cocut, from the 4Uth to the .'illh degree of .North latitude ) had taken formal possession of the Straits de Fuca, in the name of his Sovereign; hud purch.xsed land, truflicked, and formed treaties with the natives ; and had ai'TI'ali.Y ENTKBED THE UaY OF THE CoM'.MBIA, TO THE NolirH- EKN HEADLAND OF WHICH HE GAVE THE .NA.ME Of CaPE DlsAl'foiNT.ME.NT-a Dame that it bears fi this day." Is it not monstrous that gentlemen wh%• rj. ■■.n I.K' Y.. 'I .»f\ (> »'/. .1/1 I I ,V i^' •dt •"! ■ - .hi . ■ / ■ 1! . 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