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A LECTURE

ON TH£

OKEGON TEKKITOKY.

I. THE TITLE OP THE UNITED STATES TO ITS SOVERiaGN^Y. '

II. ITS CAPABILITIES XnD VALUE TO OUR COUNTRY.

m. AND THE NECESSITY OP AN IMMEDIATE SETTLEMENT OF IT
PROM THE STATES. ,

BY PETER A. BROWNE, LL.D.

OF PHILADELPHIA.

«->»■*. >^^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."

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 <f these persons knew
of the movement of the other, before the year 17(i!).
In that year a dispute arose between the two nations
as to the sovereignty, which Knj;land claimed in right
of prior (/(.vrotrry. Now this claim of frreat Kritain
was founded upon a discovery of the baldest and
most naked character. Their captains saw some of
the islands from tha decks of their re.specnve ships.
They neither landed nor made any demonstrations of
an intention of taking possession ; nor for one hun-
dred and seventy-lour years wits it followed up by
any attempt to make a settlement ; yet Great Uritain
jiertinaciously insisted upon her erclusive risiht to
the whole of the islands, mid Spain was obliged to
submit.

It is requested that this case will be borne in mind
until we come to examine the case of Nootka Simiid,
when Great Britain changed her gnmnd, insLstiug
upon rights of occupancy of recent date, in opposi-
tion to the prior discovery of Spain, of a much more
perfect kind thaii thio of Kngluud to the Fulkland
Islands.

Let us now e-xatnine what 'ere the circumstances
under which Great Britain claimed the right of sove
reignty over her former North Aniericuu Colonies,
now the United Slates.

Ill 1493, Coulumbus discovered the West Indies.

Ill 141)7, Giovanni Gubato, a Venetian, (Anglice,
John Cabot,) in the employ of Henry VII, of Knglund,
discovered the Island of Newfoundland and the At-
lantic coast, as far as what has since been culled
" Virginia." King Henry was informed of these dis-
coveries, but made no seitlement, nor any motion
lowards one. Henry VII died, and Henry VIII came
to the throne. Thr.iugh the whole of liis reign,
though trade was carried on with the West Indies,
(which, says the English historian, Bissett, had been
" seized" and settled by the Spaniards) no attempt
was made by Great Britain to settle in the New
World. Henry VIII died and was succeeded by Ed-
ward VI; through his short reign no settlement was
made upon the North American continent by a single
British subject. To Edward succeeded Mary, in 1553,
and to Mary in 1558, Elizabeili. In 15«3, eighty-six
years after the discovery of Cabot, the first British
Charter of colonization was signed by the Virgin
Queen, to Sir Humphrey Gilbert. Under his authori-
ty two expeditions were fitted out to Newfoundland
and Cape Breton, both of which ended disastrously.
Very soon afterwards a similar patent was granted to
Raleigh, to settle the Southern part of North Ame-
rica. Upon his return thence, he reported that he
found a beautiful country, which he had called
" Virginia." The first colony was afterwards landed
in 1607; but their affairs were so badly conducted

that, to avoid famine, tlicy ahandrmed the country
and returned to England again.

Raleigh made a second attempt at sctllemprit, but
with no lietler siiceeM. To Elizabeth siiccerdeil
James In the early part of his reigii, one Hacklyt
published a very interesting volume of voyages and
discoveries — an excitement was thereby created, unci
in coiiseqiianci'.ancxpelition was filled out in which
Gosnold reached Massachusetts Bay. They thenco
coasted to tlie South, landed nnil traded with the In-
dians, but made no settlement, nnd retiirnecl to Eng-
land. King James then divided the discovered land
into two |xirtions, one which he called " Virginia,''
and the other '• New England.'' A lA)ndon Company
with Hacklyt at their head, received a grant of the
former, and the Plymouth Company of the latter.
Massachusetts was settled in lOQO, Connecticut in
1033 or 4, Maryland in 1(i3t, Rhode Island in 1635,
Maine in 163i. Now Hampshire in 1637, North Caro-
lina in 16(i3, South Carolina in 1670, and Peiuisylvnnia
in 1631.

Notwithstnnding these tardy movements of the
British in settling the lands bordering on the Atlantic
Oceim, that nation pertinaciously insisted upon her
exclusive right to the whole territory by virtue of
prior discovery; and when the Dutch, who made the
first settlement of New York, claimed that colony,
they were attacked and driven away by the British in
1611. And when ttiey (the Dutch) returned ugjiin
the next year, resettled and fortified tliemsel vel<, they
were regarded as trespassers. And after the death
of James, King Charles the II, in lf)61, granted to his
brother, the Duke of York, a large tract of cnuntry,
including New York and New Jersey, and n large
force under Colonel Nichols was sent out to put him
in |Mi8se»sion. They arrived in the harlnir, summon-
ed the provice to surrender, and upon their refusing
to comply the Britisii look /urcibU possession o[ Jiew
York and New Jersey.*

Here we find the English Government Insisting
upon the prior right of ilisrovery, after a delay o{ set-
tlement of 123 years, against those who had settled in
the intermediate time.

So the first settlers of Delaware were the Swedes
and Finns. In the year 1627, they made a permanent
settlement on the banks of the Delaware river, under
the auspices of Gustavus Adolphus, the reigning
Prince of Denmark. Their title was, ho-.vcver, dis-
puted by both the Dutch and the English. In the
year 1655, they were attacked by the former, and the
latter having prevaile.l, the Swedes were obliged to
come under the sovereignty of Great Britain.

Ilifving shown how scrupul'^usly GrcU Britain has
insisted upon the right of prior discovery where her
title Wiis concerned, let us next inquire how far she
has regarded this right, when it alTected the title of
others.

Oregon Territory lies on the northwest coast of
North America, between latitudes 423 and 54° 40'.
As early as 1543, Bartolome Ferrelo, a Spaniard,
pushed his discoveries as far North as 43°, and landed
at a place since called " Cape Blanco."

Ir 1.5(1*2, Juan de Fupa, a Simniard, discovered a
strait in lat. 49° to 51°, which Vancouver, in 1792,

* In 1674, a formal cession of the whole territory
was made by Holland to Gre-.t Britain.

OnEC;ON TERRITORY.

called the '• SirniU of Fiirii,"' in hoiuir of the first
ilisodverer. He (Dc Fiica) staid there twenty diiyd,
trading; witli the nutiyeit.

ill Itju;}, Ajfuiler, in tlie Spanish employ, discovered
the inoulh of tiic river rin|)qiiii, in Int. 44t^.

In 177t, Perez and Martinez, under the Spaniiih
flag, discovered a sound, belween Int. 4!lb and 50H,
(since railed "N(M)lka Hound,'') to which th«y gave
the imiiic of " Port San Lorenzo." This was the
first visit that had ever been iniide to that place by un
Eiirnpeun. The Spaniards remained there suniu
time, tniitnii; with tliu natives.

In ir<.j, the Spaniards discovered, in lat. 4G", a pro-
montory, which wa.* culled '•San Roqne," since
known as " Cape Disuppoiulnieiit." Also, a bay, in
lat. ait*, of which they took possession, and culled it
" Port Kumedios."

Oilier parts of tliis c<iust were discovered by the
Spaniards, up'.ui which it is uiinece.s.sury, at present,
to dwell.

The foregoing formed the title of Spain to Oregon
Territory, in right of prior discovery; and it wn»
ample. To this title of Spain, the United States suc-
ceeded, by the treaty of '2'M February, Is 111 ; recog-
nized and confirmed by tlic treaty with Me.iico, of
12lh .January, 1828.

We must now take some notice of the proceedings
of the Britisli Govennnent, in regard to a part of Ore-
gon Territory.

One of the claims of England to Oregon is liased
upon the supposition that it was discovered by Fran-
cis Drake in 1577, and by him called " New Albion."
All the particulars of this pretended discovery will
be found ui Hcylyn's (ieography, published in Lon-
don in 1071, from wliicii it appears that this New
Albion lies within the boundaries of California, a
part of the main land, on the western coast of North
America, which had been discovered by Ferdinand
Cortes, in the einph)y of Spain, in 1631, forty-three
years before Drake made his appearance in those
seas. The ground upon which this Kngl'ih oificpr
laid claim to the discovery, was an ignorant belief
that it W!ts an t.>/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<ondon, by the Spanish ainba-ssudor, uiulera
full conviction of the right of his nation. The British
King, George HI, iinincdiutely demamled — what?
Restoration to him of the invaded territory, his Siive-
reignty.of which had been made indisputable by prior
di.scovcry ? Not at all. He demanded ailequate sa-
tisfaction ti> 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." Th<! Kiii);, iliuii, in tliiit foriiml pnpcr,
nffuiii ndniitti!(t ihut tlit Brilifh nation luul no title to
tlie snvfrtiKiity of Oreifon. Then riiiiit; Mr. I'ilt's
fipKfch. Now, if the Kiii)(, in liin ini'xmi^u, liud oiiiil-
ted to Mate a fact no iiii|)ortuiit hh his ri)(ht of mivc-
reijnity, or to rol'er to an evunt ho i«lrikiii)( (had it oc-
rurrud so reecntly) an their prior discovery of Noolka
Soinid, whic)i wouhl have been a coikMusivc annvver
to the exclusive claim of the Spaniard.-w, now wilh the
lime to (<nppiy tliat deHciency, and .Mr. I'ilt the I'lllesi
per*on for that purpose. Hut he said that '• iIk! Hri-
tirih Mthjectf had been forcibly interrupted in a trnjfic''
(not the Kiiii;, in ii right of Mirrreignty.) He asserted
that his eountryiiien had "ari^'A« to triiile, (not totlie
soil.) in places to which no country could claim an
c.xclusivi! rijjht of commcrrf and ni'wV'i'io/i,'" (not of
ftovereifftili).) Here, then, we find this acnle ininisli.-r
adunltiii);. totis virihus, that Great liritain had no title
to the sovereignty of Oregon ; but, adniittinj? the title
to the sovereignly thereto to be in Sjmin, lie set
up a " ri^ht of trade and traj/ic" in liis countrymen.

Air. Kox followed Mr. I'itI, and aijreed with htm
in these views. Not a member of either house of
Parliament made the slightest snggesiion to the con-
trary, and an address, correspondiiifj with the. mes-
sage, pa.sscd without a dissenting voice. From lliese
proceedings, it is inferred that theUritish Parliament
confessed that Spain had an exclusive title to the
sovereignty of Oregon.

A million of |v)unds sterling were voted to corry
into execution warlike preparpri(,ii.s to support this
trade.

In the mean time, the Hri lister sent Mr.

Fitzherbert to Madrid, to b ..M' ..a the Spaniards.
But stil.l no Haim of title to the sovereignty of Oregon
way. asserted, in answer to that of the Spaniards to
the •.rclusive right by virtue of their prior discovery.
The claim of a right to land and build houses for the
purpobes of trade, at Nootka Sound, vnfart of Oregon
'1 erriiory, (urfounded as we shall presently show that
to be,) is an acknowledgment of the want 4f a title
to the sovereignty to the whole. If they had title to
the sovereignty of the wholt territory, why was it
not disclosed, as it would have been a sufficient war-
rant for occupying apart? No reason can be assign-
ed, except the consciousness that none then existed ;
and yet Kiigland has the eflronlery now to as.sert a
title by virtue of a discovery prior to that discussion,
in point of time.

So the ground upon which the right lo tradt was
made, viz., one which admitted the exclusivi'. right of
sovereignty in Spain to Oregon, is proof that England,
at that period, when the facts were all fresh in men's
memories, did not venture upon a claim so unfound-
ed ; but which they now set forth. But no nation or
individual is allowed thus to blow hot and cold, (as
it is allied,) or to set up contradictory claims. From
all which it plainly appears that Great Britain never
had any right to Oregon, by discovery prior to that of
Spain, under whom we claim.

But thirdly, on the 4th of June, 1790, the Spa-
nish government published a declaration or manifes-
to, directed to all European Courts, setting forth
their exclusive right of sovereignty to Oregtm terri-
tory, founded upon their prior discovery. This ma-

nifesto was never roniradieted or denied by (Ireat
Hrilaiii, either publicly or privately, that has ever
been known or heard. Hence, it would follow thai,
even if England had hiid a right of sovereignty, by
o discovery prior to those of Ihe Spaniards alKivo
cited, (which is not admitted,) that it has been almo-
lutely and irretrievably abandoned by them (Ih/s Hri-
tisli) so far as regards the Fnited States, who are n
bona fide purchaser of Oregon. When a claim to
anything is publicly made, nature prompts those who
have connicling ones to make them kno>vn ; hence,
silence is construed into an aban<hiiiinent of right, and
an acquiespunre in the conflicting claim made pub-
lic ; and what is onre formally abandoned can never
be revived, especially to the prejudice of a bona
fide purchaser. Had the claims of England and Spain
been originally equal, ihe law of nations, in deciding
between lOiigliUid and the I'liiled Slates, Would pre-
fer the latter, who have been guilty of no latches,
to the former, who have been guilty of latches. So
thai, were it admitted itmt England had made the
discovery of Oregon prior to Spain, (which is <le-
nied,) yet, inasmuch lis Great Britain admitted the
prior discovery set forth by Spain in their manifesto,
and not denied at the time, the I'nited Slates, as as-
signee of Sptt'ii, may now claim the sovereignty of
thai territory by a more perfect title. The principlt»
of the law of nations, upon which this is founded,
will not and cannot be denied.

Having thus shown that (jreat Britain has no title
to the sovereignty of Oregon Territory, let us exa-
mine more particularly wAat rvas advanced by her
in regard to Nootka Sound.

The British Government might have had a right of
sovereignty to Nootka Sound, in particular, without
having any right of sovereignty to Oregon Territory,
in general; but, had that been the case, it would
have been distinctly stated, iiia-smuch as that partial
right of sovereignty would have been an answer to
the claim of sovereignty to the whole territory by
Spain ; and also, that right of partial sovereignty
would have been greater than the right of trrule and
traffic which was complained of being invaded, and
which would therefore have been merged therein.
But Mr. Pitt's complaints are of the " ships'^ having
been taken, not the " land." In calling in question
Spain's e.rclusive claims, he denies those only which
relate to the " trade," " claims (says Mr. Pitt) which
are totally inconsistent with the rights of independ.
ent navigators to lands ; which, being before iinappro-
pricUed, they should maJce their own by occupancy and
labor."

The " rights" of " independent navigators." Who
are " independent navigators ?" Neither Mr. Pitt nor
his historian has condescended to inform us. Of what
are they independent ? Of the law of nations? "Inde-
pendent" (Johnson says) is "not supported by any
other" — " not controlled," (South) — "not relating to
any superior power," (Bentley). " Independent navi-
gators" must then be those "gentlemen of the sea,"
who roam about the world uncontrolled, holding
themselves responsible to no superior power;
the same who, Blackstone tells us, are " Host is
humani generif," in vulgar language, ^^ pirates."
But It seems that these " independent navigators"
have "rights." Indeed! The law teaches that there
is no right without a corresponding duty; hence those

•

OREGON TERRITORY.

who nrkimwledne no iliitif.i can rlnim no riiihts. To
enjoy ri(jlit« nnd perform (Inlie* impliui* responitiliili-
tien, ("doppiiilencn'") but he who Im " iiulepeiiilcnt,''
(irresivinoihle,) Pun know ncilher the one nor the
'ilhff. Hut the " right" of the«u " independent nn-
vi|liitori«" in to lanils! How were thoy ooquired ?
By prior discovery? No. Bycc»aiou? No. By «. it-
quest? No. The right of thesi- uidependent nuviga-
tors wnn " to land they tnutil mnJce their own by ocru-
fnnry ntnl Itihnr.''^ " Oecupnnry is the taking po.ssen-
i^ion of those tilings which before hehinntd to iKibuJy."
(Ulnck-itont!.) Hut the (locnpiinry of thcBe independ-
ent navigators wa.s "the teiziug upon what before
belonged to snin^hmlyV ^•Qiiml nuUiux est, id ratiime.
nnliirall itmipriiiii conceilitur" (siiy* llie law nf na-
tions;) but it wouhl be iinpos.siblu so to transiutc tliis
iiiaxitn n* to justify the Euglislniuin who trespassed
on the soil and riu'lit of sovereignly wliicli tlie Spa-
niards had gained by tlieir prior discovery of Oregon.

No such sidiordiiuite or iiiterhicutory ri'tf/it of trade
Mv\ trnjfic upon ground to which auollier luis a right
of s'»-iTfii;iily is known to the huv. If the land be-
fore belonged to nobody, the di.scovery and taking pos-
seagiim conferred the rightist s^overcigiUy; but if they
previ lU.^ly belonged to anybody, the entry upon them
to trade or trufTie was tortuous, and no right, of any
kind was thereby acquired.

Nor is the condition of such trespossei's at all im-
proved by any labor they may perform upon the loiids,
as Mr. Pitt's language would seem to imply. On the
contrary, each new act performed on the soil is a con-
tiiumtion of the trespass; and is by the law referred
back to the tortuous entry, so that these Knglish intru-
ders were not only trespassers ab initio, but nd nietas.
Hut perhaps it may be said that Mr. Pitt ipialified the
rights of lliese independent navigators to lauds tliere-
toiore uiinppropriati'd. If so, it becomes necessary to
inquire what was meant by "unappropriated."

It not being a legal term, its meaning must be
souglit lor in ordinary dictionaries. To "nppropriate"
is to "claim," (.Milton;) "to consign to some use,"
(Hooker.) Now, the Spaniards liwl elaimtd Nootka
Sound; it was not, therefore, " unappropriated."
They had also assigned it to some use, viz., to the use
of themselves and the'r- countrymen. If Mr. Pit<
meant by it being "unappropriated," that no HttU-
imiit had been made thereon, then the question re-
curs, whether o title t# sovereignty, by virtue nf prior
discovery, can be Inst by any delay of settlement,
short of presumption that the title was abandoned-
And upon this question, the conduct of Piiigland in
regard to the Falkland Islands and the Province of
New York, would seem to preclude tlie necessity of
present discussion.

When Mr. Fitzherbcrt arrived at Madrid, and the
Spaniar<ls insisted upon their right to Noolka Sound)
as part of Oregon, which they had first discovered
and taken posse.ssion o*", he reiterated the sophistry of
Mr. Pill. "Whatever is co/nmnn, (said this Ambas-
sador.) belongs to the ' first occupier.' " The Spa-
niards an.swered, that was onc« coniipon, ceased to be
s:), uiul became exclusive property by prior discovery
and taking of possession. " Every nation, (sjiid the
Ambassador,) has a right to appropriate whatever
it can aequirf, without trespassing upon the pre-
vious appropriations of others." Ergo, the Bri-
tish had a right to seize upon Nootka Sound,

which had been previiinsly appropriated I This waa
the (liploinntir logic! It is marvellous how such ii
conclusion could ever have been allowed ; but the
Knglish historian, Bisselt, explains it. ■' This lan-
guage, (he says,) of Jlritish justice deiimndiiig
what British power could so easily enforce from any
aggressor that dared to provoke its vengeance, wiw
(as well it might be) consiilered haughty nnd men-
acing'' by the Spaniards. Hut Great Hriluiu had 16.S
ships of the line, with which Spoiii was unable U»
contend; nnd France, to whom she iqiplied, was un-
able to afford her any ossisuinee. Thus liie Spaniards
Were defrauded and robbed of their rights. "And
(says the historian) other powers Wire taught that
British subjects (even wlu'ii acting as trespassers)
were not to be molested with impunity."

From all which it is obvious that Great Britain
never had any title to the soveri'iguly of Oregon by
right of prior discovery. That she never bad any by
cession from the Spaniards will be e<|ually apparent
lo any unprejudiced person who will examine llio
subject. All that she demanded of Spain was •• a
right of trajfic niul tradi ,'' and thai she obtained no
more, is proved not only by the words of the cession
itself, (which appears to have been very carefully
drawn, with the view of excluding therefrom all
subsequent inference that a right of sovereignly was
therein coiilained,) but also, from the acknowledg-
ment of Mr. Fox, in the British Purliaineiit, when
this Treaty of Cession was under consideration, that
nothinif had been ntquired, and the congratulatory vote
of the House of Commons, that " an ailiqunte repa-
ration had been provided for the violence which was
committed at Nootka, and the securily to his Majes-
ty's subjects of the fj-tTC(*« of their nai'ifintion, com-
merce and fisherifs, in those parts of the world, which
were the subjects of discussion.'"

But, fourthly. The United States has a title to Ore-
gon Territory by virtue of her oton discoveries and
sctilement.

It is a well known principle of the Law of Na-
tions, in regard tc) discovery, that the nation who
discovers the iiunith of a river is entitled lo the so-
vereignly to all the land which is watered by such
river, its tributaries and head waters.

In lOt-'O, Mr. De La I<alle, a Frenchman, navigated
the Mississippi river from Canada to lis mouth. In
virtue whereof, France cliiiiiied the sovereignly
to liiuiisiaiia, on both sides of tlio river, from tlic
Gulf of Mexico lo the I!)" of laliliule. And this title
of France was acknowledged by Great Britain, in
the Treaty of Utrecht, of 1713, and of Versailles, in
17(53.

In 1702, Captain Gray, of the American ship " Co-
lumbia,'' discovered the Columbia river, which he
named after hissliip. He landed, held an intercourse
with the natives, wlio had never before seen a white
man or a ship.

In 1J:'(M, Lewis and Clarke, in the employ of the
United Slates, a.scended the Mis-souri, passed the
Rocky Mountains — up to that time une.xplored by a
white man — discovered and explored the head waters
of Ilie Coliinibia River — and followe<l that River
down to its mouth ; where they passed the winter of
180.'>-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
<//ei(/. llie 7Vrri(((rj/ helweeii them, making the Co-
lnmhia River the houndary; they(lhe Uritish) lakirg
the (viuiilry norlh and west of lliat line, and leaving
the Americans ihe other side. To this proposiiidn
our Ministers dissented. The true motiieu never
con.senis to divide the child !

PART II.

Having in a former essay shown that the title to
the sovereignly of Oregon is in the Iniled States, 1
proceeil lo examine the two remaining iiuestions, viz:
What are its capacities and value to our country' And
the necessity of an iiiiiuediale settlement of it from
the Slates.

Oregon Territory holds out to tlie American ciii-
zen tveiy iiulueement to settle. The valleys of the
Columhia river and its trilmtai ies alone are estimaled
at 3.50 scpiare miles. The soil is fruitful, the cli-
mate moderate, anil the mountains by which Ihey are
iHiunded on the east are Ulled with mineral wealth.
The inoulh of the Columbia river is the finest site in
the known world for a commercial city. It is within
ten days' sail and within six days' steamboat iiavigu.
lion of the Sandwich IslaiiiU, and within lliirty days,
over an unrullled ocean, of Canton. In the hands of
a free and enterprising people there is scarcely any
limit to the opulence of such a city. To the United
Stales it would be a most hivaluable emporium. It

would insure n siciidy market for our iiirreaxing mn-
inifaclures; it would ojmii an unli. Minded mart for our
aKricnItnial priHiiieiioiis; and it would aeeure lo u»
Ihe fur trade of the West, of which we have been
so long, siirrepliiioiisly, deprived by the cor|>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|)<>ritl<Ml
■ iriiile, wliicli
lliu expeuHca
iiX M*, through
irsuproilut'e of
» uml Kjlkw of
I tliH Atliuitic
vvc would lioi
of tlio worUI,
■ai Hriiiiiii, n»
IM>I 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<mi the

Uliuid.) \Vlieii

red triiversiible

ier and shorter

nf our cuitntnj-

us not tlien (he

ihui we luive
ill vain tosent-
i earth ; that it
hem. If tliere
teiiauce of that
ttaiiied depends
on, tlie opening?
r cusloiners. It
iiigration in Ca-
lough fir more
I coiinnouesl er-
rd it merely as
if cheeking tlie

want i« not to
ultitudes, but to
s. And ill this

from diverlinji
into them adii:-

10 the mo '.her

rininiry, it ojiftt^ a nr}i' mnrkit. It form* a hup link
III the chain along which our coinnicrcial iiiicrcom-
iiiunicalioii in carried, loiicliiiig and beueritiiig t "«ry
point of the line an it panncn. Thiin inform duy»,
the prosperity of the \Ve«l Imlia NlaiuU wa« the
great mimulun to llm peopling of North .Xmerica.
The newer colony of Canada ha* HoiiriHlixd Ihroiigh
UK connection with our settlements in the SlatR* ; the
nuirket of New Zealand will excite production in
Australia. Tiik t'TTKRMOfT poiitionh of tiik parth
AiiKoi-R iMiKRirANi'i! ; Ici US iiot tlirow it awiiy ill
mere siipineiiesii, or in deference to the wise cnnclii-
HioiiR of Ihiwe migen of the discouraging school, who,
had they lieeii listened to, would have checked, one
by one, nil the enierprisefl which have changed the
face of the world in the lust thirty yearH."

Now it is rei«pecifiilly submitted, that upon reading
this o|iiiiion of this Kiiglish eilitor, who (as I pre-
Siiiiie) is only proniulgaliiig the opinions of the II :-
tish Ministers, it is diiricnlt to suppress n Mt^jiirinn
that the itssortion that '• Oregon run never be settled
from the Atlantic States," was intended to add an-
other to the many delays we have siilfercd. the bet-
ter to enable thai rival nation to seize upon and se-
cure the prize. Diit as the settlemeni is a circnin-
stance of the iilir.' t iiiipoilaiice, lei us suppress this
siispiiMoii, and er.niniue coolly and deliberately the
reasons he gives for having come to ihis conclusion.

First — the ili^tanri'.

The traveller from the Mississippi to the Pacific
ha» (says this Kditor^ i pass over several disiiiiet re-
gions — Isl, a region of two or three hundred miles in
length, occupied by the Stales of Missouri, Arkansas
ami Iowa. '2d, A region of two or three hundred
miles, inhabiled by the Choctaws, the Cherokees and
the Creeks. 3d, A desert of six or seven hundred
miles, of which 1(H) is Prairie land, and 3(K)directly
eu.st of the Rocky Mininiains i« strictly a desert. 4th,
The |{oeky Mountains, (no distance given,) and 5lti,
From the Rocky Mountains over a desert country to
the mouth of the Columbia river, (no distance given.)
but this diAtaiice, which, to the mind of this Islniuler,
appear* to be intrrminnble., will form no obstacle in
the way of the hardy, migratory son* of the Colum-
bian Continent, especially as we live in an age of
steamboats luid railroads, by the introduction of which
distance is nearly annihilntnl. Lewis and Clarke
crossed llie Rocky Mountains in nlxmt Int. 47°, by a
very circuitous route. By the one taken by Mr.
T()wnseiid, of this city, and his party, in about lat.
43"', the whole distance does not appear to be more
Hum from 1800 to '2(MH) miles ; and even </i/« will, no
doubt, be diminished by succeeding travellers.

The second obstacle in the way of settling Oregon
from the States (in the opinion of this f^nglish editor
and Ills employers, the British ministers) arises out of
the ditiiculties of transit ; these he considers under
tiiree distinct heads, and they shall be examined in
the same order. Ist. The difTieulties presented by
tlie face of the country. He admits thn in regard of
the first two or three hundred miles, that through
Missouri, Arkansas or Iowa, that the country is made
up of Prairie and Forest laiuU, with a larger propor-
tion of the former than the latter, and that it presents
nothing of an extraordinary character which is cal-
I elated to impede travelling.

As to the second region, of two or three hundred

miles, being that occii|ned by the friendly Iiidmiis. it
is also iidmitled that it consists of wile plahis, diver-
sified vvilh range* of hills, anil thai it is ea»y I'f tran-
sit. In regard to the jiiiV, Mr. I'arnham remarks,
that it is a deep alluvial, capable of priHiiiciiig the
most abunilaiil cro|M of ihe grains tuid vegetables that
grow in such latitudes.

Then comes the third region, the desert, the first
IIKI miles of which i« prairie. Tliis region, except ii
few sjvils on the JKirdcrsof rivers, is declared to be
incapniile fnrtvrr {\( M\y fixtd .leltleinenl. I.ct us com-
pare this opinion with his description. '• Seen during
Ihe hpiliig and Summer, it is (he says) a delightful
land— a land of grass and llowers— with a bright sky
and an elastic air, diversifitd with little patches of
wihhI, [lictiiresquely, here and there (every where)
to relieve the eye friun the monotony of the plains —
traversed by four s|leiidid rivers, the Red, the Ar-
kansas, the Platte and the .Missouri." What a descrip-
tion of a desert I Of a desert (rtc»pnW»'/(»rcivr of
fired Httlement! Many a poor inhaliitaiit of Ku-
rope would be tliaiikt'ul to be l i. lanted to fuck
n diiert! lint strange to relate, tdi .ueudo-uniil-
habitable reifimi is, according to his o\\ ii confessiou,
already partially iiiliabited. '• li 'e and there (he
says) around the posts establiaheil by ir.iding compa-
nies oil the banks of rivers, i Tew fields have been
cultivated, and lianilels (small villages) have been
foi iiied by enterprising Americans, who find abundant
ciisioni for their proibieticiis from various parties
vliich roam over the wildtniess" Nor does it
r» (juire the power of prophecy for us to predict
that assiHiiias the I'liited States shall have tixed
military posts at proper distances, than the whole
mute will be settled in like manner by the sume
people.

Advunchig still further, you come to the desert,
properly so called, of which he has drawn up a highly
wrought, and, in some respects, inaccurate descrip-
tion j but even this inhospitable region, he admits,
is not without its redeeming features— /r«i(/ii/ ridges
and fcattered spots of fertility. I cuiinot withdiund
the temptation to read to you Mr. Famham's descrip-
tion of some of these places on both sides of the
Rocky Mountains, that you may judge how fur tite
assertion is gratuitous, that the desert can never be-
come a place of fixed settlement.

Old Parle lies in the valley of Grand river, whicii
is a branch of the Colorado of the West. It is liere
(says Farnham) a transparent stream, 300 yards
wide, to 10 feet deep, and a current of (J miles an
hour. The valleys contain extensive meadows
and woodlands, filled with antelopes, deer, hares,
grouse, wild turkeys, geese luid ducks. — page 51.

Tumbleton Park, near the Three Bates, and also in
the valley of Grand river, ■• is a beautiful suviuuuih,
with groves of pine, spruce, fir and oak."

The glades were splendid — many were, when he
pa<Med, covered with a heavy growth of timirthy or
herd grass and red top in blo8.som. The mountain
flax covered acres as densely as it usually stands in
cultivated fields. The tame grasses of Europe, all
that are valuable for stock, the best and most sought
after by every intelligent farmer in Christendom, are
there indigenous. — p. 56.

At Fort David Crocket, in the valley of Green

A LEOTfRE ON THK

river, rich mountain graces grow wild all winter. —
p. 59.

The vicinity of Great Bear river will, (he fays,)
ill the course of time, l)ec()me one of the mo«t pros-
perous abode* of cultivated life.— p. 70 The Soila
Springs, from the healthiness and bcabty of the lo-
cality and the magnificence of the scenery, will
hereafter be thronged with the gay and fashionable
of both sides of the Continent. — p. 71.

The pniisape of the Rocky Mountains, our English
editor, to please his ministerial employers, represents
as a Herculean task; but in this also he is mistaken.

Mr. Farnhnni says that loaded wagons can pass them
even where he did wi tioul serious interruption. He
saw at Fort Bossai, on a river of the same name,
which is a branch of the Sapin, the remains of a one- ,
horse Yankee wagon, brought thither by some mission-
aries from the State of Connecticut; and he adds, "that
fortunately for the next of our countrymen who shall
attempt to cross the continent, a safe and easy passage
has lately been discovered by which vehicles of the kind
maybe drawn through to the Wallawalla." The new
route alluded to is, it is presumed, the one taken by
Mr.Townseud and his party in 1331.

On the !)th of June, (he tells us,) they encamped
at "Independence Rock," on the Banks of the Sweet
Water, which is one of the head waters of the north
fork of the Plntte. They were con.seipiently on the
eastern side of the Rocky Mountains. They passed
through the "Great Gap," at a place generally called
the " Bull Pen," having on their right hand the
Wind river cluster of the Rocky Mountains, the
highest land in North America, and on their left
hand. Long's range of the same mountains.

On the 12th, they advanced over the pUiins of the
Sweet Water lut. '13 degrees, G, long. 110 degrees, 30.

On the 14ll,, they left the Sweet Water and pro-
ceeded southerly to Sandy River, which is a branc
of the Colorado of the West, thus having in five
days pas.sed the main ridge of the Rocky Mountains
with comparative ease I

They proceeded down Sandy River to Green River,
the Sheetskadee of other travellers, and a branch of
the Colorado of the West, into which Sandy River
empties, thence to Hum's fork of the Green River,
thence to Muddy Creek, a branch of Bear river, which
empties into the salt lake, or Luke Bonneville, thence
to Bear River, which they struck only one hundred
miles from the place where it enters the lake, thence
to White Clay Pits on Bear River, crosssd over to
Blackl'eet River at the Three Butes, thence to Ross'
Creek, a small branch of Lewis' River, also called
Snake River and Sapiu River, thence to Lewis'
River, and down Lewis' River to the Columbia.

It is much to be regretted that there is no go(xi map
of these regions.

But the last and most formidable obstacle of all, to
the settlement of Oregon from the Slates, this editor
and his ministerial friends tell us, are the Cumnnches,
a numerous and ferocious tribe of Indians, who (he
says) are the best riders aiul the best shots in the
world. These, more formidable than the Bedoums,
(he says) hover over the wilderness like birds of
prey, ready to pounce upon the unwary traveller.
But this ln<lian story will prot uce no effect upon the
Americans, who will smile at the idea of being in-
timidated by a 'jiandful uf Cumauches !

They number but ten thousand, men, women and
children, — their home is the neighlwrhoml of Texas,
— they come \orlh only to hunt the buffalo; and as
the buffalo retires before the fmUsteps of civilization,
so will the Cumanches; leaving behind them, (like
Gog imd Magog, to whom they hrve been likened,)
nothing but an empty name.

A much more formidable impediment to the settle-
ment of Oregon by Americans, is presented by the
Hudson Bay Company. But this is an obstacle
which must be met aiiA overcome, and the soontr it is
MET and OVERCOME the better! The Hudson Bay
Company is a formidable foreign corporation, consist-
ing entirely of British subjects, and acting solely
under British ministerial protection and influence,
within the bounds of Atrurican Territory!" The
Hudson Bay Company (says the Editor we have so
often quoted) is, in all its instincts and habits, tho-
roughly British and anti- American:" and for once he
has told the tr&th. The Hudson Bay Company's
shares of stock were origiaally £100 — but by en-
grossing a trade which belongs exclusively to us,
they liave advanced one hundred per cent! The
Hudson Bay Company pay an interest on their shares
of ten per cent., besides laying up a reserve fund for
the express and avoiced purpose of keeping Americans
out of the trade !

The Hudson Bay Company have again and again
used this reserved fund to persecute Americans, who
dared to deal in furs in our own Territory !

The Hudson Bay Company, while the British mi-
nisters have been holding out the illusion that the
dispute about Oregon shall be soon amicably settled,
have erected and fortified nineteen forts within our
Territory ! They have taken illegal possession of
almost every eligible spot in Oregon as regards water
ixiwer, or that is a good site for a maimfactory ; and
they have selected the finest sites for farms I

The HudstJU Bay Company are cutting the best
timber off our lands, and selling it to enrich them-
selves!

The British Parliament have passed an act, autho-
rizing the Hudson Bay Company to arrest and send
to Canada any American citizen who may come
withiji their (the Hudson Bay Company's) displeasure.

By this daring outrage upon our sovereignty, any
American can be arrested and sent out of our own
Territory, to be tried on British groiuid by British
']m\ge8 anti British laws!

The Hudson Bay Company have power, by British
laws, to give judgment against any American citizen
in Oregon, and issue an excLUtion, under cover of
which he may be either confined in their forts, or
sent to the jails of Canada, at their pleasure !

The Hudson Bay Company, through long license,
have become so overbearing that they actually
obliged a respectable American to wear skins for
severp.l years, for having incurred their displeasure '

The Hudson Bay Company send, annually, large
parties to trap the Beaver upon land adjacent to Ore-
gon, belonging to the United States, and to which
England has never laid claim !

The Hudson Bay Cinnpany's agents commit depre-
dations upon the Indians living within the acknow-
ledged limits of the UnitedStates, actually murdering
hundreds of them every year !

The Hudson Bay Company, under authority of the

OREGON TERRITORV.

British Parliament, urc uctually selling huiils in Ore-
gon Territory to all those who are willuig to take
their title.

What is to be done ? CongruM has been p'^titioned
by the American settlors in Oregon, to take them
nnder their protection ; but their prayers are unuii-
Bwered.

But hark I a sound, like the meeting of many wa-
ters, rises in tlie West 1— and now it seems to roll, as
a great wave, from the Alleghenies even to the
Rocky Mountains ! — and then it is echoed back again
to the sliores of the Atlantic I It is the mighty voice
of an injured and indignant people, who have been
long slumbering, but are roused, and are determhied
to do themselves justice!

From the very nature of the discoveries and set-
tlements of the French and the English in Canada,
to precise limits were, at first, fixed to their respec-
tive possessions. At the peace of Aix la Chapelle,
these boundaries were yet lel't unsettled. Both na-
tions wished to engross the fur trade. E.igland
claimed to navigate the Mississippi ; while France
endeavored to surround the British possessions, from
that river to the lakes, with a border of forts. Both
tations were anxious to win over to their side the
Indians. Negotiations were resorted to, but difficul-
ties constantly occurred, which created delays.
When, suddenly, Great Britain, without a declara-
tion of war, or giving notice of any kind of their
tiostile intentions, sent a fleet to Canada and captured
two French ships of the line ; liy a siniultancons
movement, all the French merchant vessels, sailing
either to or from the West Indies or North America,
amounting to more than three hundred, were cap-
tured, and tiiken to English ports, and the French
seamen thus obtained were even compelled to enter
the British service; Having thus olitained a signal
advunlag;', by Miai/Hg war, before it was d eland,
upon the nnsnspecliiig Frenchmen, they pushed for-
ward this advantage \v\\\\ great vigor, until they com-
pelled Ciuebec to surrender to their arms.

All English historian, after narrating these facts,
expresses a well-grounded fear that posterity may
look upon them as unwarrantable aggresoions. '-But
(he says) it is as evident a princinle as any in juris-
prudence that injuries a«e)Hj)(e(/ may bo prevented,
and that therefore war lo hiitdtr an attack is as lawful
as war to repel or punish an injury." " Policy, there-
fore, coincided with yi<,<tiVe (I) in dictating an attack
Upon the French ships I" &c., &c.

Here is an English lesson ol'" polity" and "justice"
that, it is to be hoped, will not be lo.st ui)on the Ameri-
can people. If there was the ..ladow of justice to
authorize England, in an inter\-al of profound peace
between her and France, ai'J while negotiations
were actually on foot, in makin;j this sudden and un-
lookcd for attack, in captuiing their ships, armed
and unarmed, and in making slaves (not prisoners) of
their seamen, merely to prevent a rival colony from
out-doing them in act* of daily occurrence with both
nations, a multo/orttiii, will tve be justified in peace-
fully taking possession of our own territory and oust-
ing unjust intruders ?

The original ei:-.'-y of the Hudson Bay Company
upon our territory was unlawful— their remaining
there is unlawful— he who oi/g/(Uo know thorn says
that " they are in all their intstincts and huiits tho-

roughly Britis'i and Anli-Ameriran ,"' wherefore, we
owe them no tnurtisy. That this Company acts under
the ofders of the prcent British Ministers, is also
certain. It has ever been the policy of that artful
government, when they had any dangerous or disa-
greeable m ma-uvre to perforin, to employ agents.
This method insures to them the advantage of adopt-
ing their acts if successful, or abandoning them if
necessity re |Uires. If Spain had been able to enforce
redress for the outrages committed upon their pos-
sessions in the new world by Drake, he would have
been punished instead of being knightf.d. Many of
the barbarous murders committed during our wi.r of
the revolution were laiil upon their " Indian allies ;"
and now, through the instrumentality of the Hudson
Bay Company, they are depriving our citizens of all
participation in the fur trade of our own country.
" Since 1S2J, (says the English edi:or before quoted)
they (the Hudson Bay Company) have had no British
rival, and they have exerted I'.ll their policy (arts)
to repress intei terence on the part of the Americans,
and in this they seem to have thoroughly succeeded."
To enable them to elTect this grand object, the Bri-
tish ministers delay, from time to time, th« settle-
ment of the pretended question of their right of sove-
reignly. At the period of the Treaty of Ghent it
was put off for ten years, with a stipulation that our
citizens should, in the mean time, enjoy an equal
right of trade. By the treaty of 1827, it was indefi-
nitely postponed, under the "lame condition. In the
last treaty the subject is entirely and unaccountably
lost sight of; and now, while our Cabinet are
amusetl with the allegation that it is " debateabte
grourul," the Iludsin Bay Company will not allow an
American to purchase a single skin, and we are
threatened with England sending 30,000 men
there, to overrun our soil. If Congress do not and
ivi'l not interfere, will '• the Lion of the West'' sub-
mil tamely to this foreip:n imposition ? Will not the
pe;)ple of l!io United Slates, generally, resent the
affront put upon us, as an indepeiulciit nation?

By the passage of an Act of Parliament, autho-
rizing the seizure of Americans, within oiir own
territory, to be dragged to foreign places, to be incar-
cerated in foreign prisons, and to be tried bct'ore
foreign judges by foreign laws, England has broken
all conditions upon which mutual tenure of Oregon
with mutual rights was held | and tlie threat of send-
ing 30,CjO men to possess the country will justify us,
in the eye.-i of all Christendom, in taking immo.liato
steps to settle our own territory, the first of which
will be the ejecting of foreign intruders,

PART III.

Containing a Rex-ieiv of the Letter of a distinguishtd
Member of the British Parliament, published in lie
London Morning Chronicle of the iith day of Afril,
1913.

In the London Morning Chronicle, of the 21th day
of last April, is a letter, said to have been written by
a distinguished member of the British Parliament,
upon tlie Oregon question As it is to be presumed,
from this gentleman's public situation, and the posi-
tion he assumes of instructor of his countrymen, that
he is conversant with the strongest grounds of the
English claim to Oregon, and as he appears, from hts

I '4 3 J <;

A LECTt'llK ON THE

letter, to have placeil those grounds in their strongest
points of view, it is thought proper to give to liis let-
ter a fair and candid examination anil answer.

This JVI. P. commences by statnig that the claim of
America to tlie territory in quesiioi\ assumes a du-
plex form. That she claims by pre-occupaiinn and
also by cession. Here is an error at the very thresh-
old. The United Slates claims the whole of Ore-
gon Territory by cession from the Spaniards, who
were the first discoverers thereof ; and slie cliiims
alltlie liiud watered by the Columbia River, it> 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<een the forty-sixth and forty-seventh de-
grtfs of north latitude."

But, perhaps, it was not politic for the M. P. to
speakof this discovery iif the mr)uth of the Colum-
bia, by an American citizen, so early as 1792, a.^, in
that case, no answer could have been given to the
right of the United States to claim the sovereignty of
all the land watered by that river, its tributaries and
head waters, according to the law of nations.

Having thus set the M. P. straight in regard to the
brief of title of the United States, let us see what fur-
ther he has to say upon this subject.

" But pre-occupancy, under all circumstances, does
not impart a title." " In order that it shall have this
effect, it is absolutely necessary that no other sub-
stantial claim should exist." This rule is admitteil,
provided by the terms " substantiul claim"' is inenit
(as it is presumed) " (((/t." And il is earnestly re
quested that this rule may be borne in mind, as il is
intended, hereafter, to use it in our favor.

But, while the rule, as above explained, is cheer-
fully admitted, it is diirereiit with the inferences
which the M. P. has drawn ihtrefrom, provided his
course of reasoning \\ax, been rigluly understood.

Il will be observed that, in what follows, the M. P.
no longer uses the terms " subst;uiiial claim," which
are above considered i>,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.

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 a<lversao' I nnd tliis is all that this Re-
public have ever demanded .ir will ever demand.

'■ England (says this M. P.) lias for rmtiiri'S claim-
ed Oregon, by the same tenure now set forth." Now
here the learned ftl. I', has fallen into a very great
error In 1790, which is mil oni century ago, a dis-
pute arose between Spain and Great liritain in regard
to a right of trude and traffic at " Port San Ijorenzn,"
better known by the name of-' Nootka Sound," which
is a part of O/egon Territory ; Nootka lying between
forty-ninth aiid fiftielli degrees of nortli latitude and
Oregon Territory e.vtending from forty-second de-
gree to fifty-fourlh degree forty minutes. In this dis-
pute Sjiain claimed excliifire right lo thtt whole of
Oregon, by virtue of her prior discoveries ; and Eng-
land, admitting that the right of sovereignly to the
whole territory was in Siiain, set up (as before slated)
a mere, right of trade and traj/ic. This clajn w.os, in
ilself, unfounded, but such subordinate and interlocu-
tary right was entirely inconsistent with the claim
which she (England) now advances to the whole ter-
ritory. [See my first lecture.] Whence it is evident
that Great Britain has nut for centurins claimed title
to Oregon, but, on the contrary, that within little more
than half a. ceiituri/ she has admitted that she had no
such title.

But what is this claim to Oregon which (as this M. P.
says) England Iuls made for centuries?

'• It has long existed as a historical fact (says the
M. P.) that the very territory in (jue.-tiou was dis-
covered by Sir Francis Drake, aliout the year 1570,
who landed upon several po'iils of the coast, taking
formal po.ssossion of the same in the name of (iucen
Elizabeth. In sojne old Spanish maps the terri-
tory is designated ' New Albion,' with a t-horlnote ex-
pressive of Drake'.-' pri irity of discovery ; and ac-
cording to these charts New Alliioii c-\leiuled several
degrees to the southward of the pre-cnt iinnhern
Alexicnn line. Thus, tluii, we find actiint posxefsion
taken by linglaud of this very conai betore the United
Slates had even a colonial existence."

To the pages of history which relate to this voy-
age of Drake, I also choei fully iiii] i;il. [The reader
is reipiesled to place the map of Norlli aud South
America befurc him, and see .Mavor's Voyages, 2d
vol., p. 7 to 4.5.] In 1577, (not 1.57G,) the 15tli Novem-
ber, Drake left Plymouth. On the 27lh January,
1578, he was at the '• Mayo," one of the Cape Verd
Islands. On the (ith of September, 157.S, he pas.sed
the Strui^'hts of Magelhui and entered llie South
Sea, and a few days afterwards saw (he says) for the
first time the eonllux of the Western and Scmthern
Oceans. He directed his course for thirty degrees
Roulh latitude ; found no convenient harbor ; advanced
to Mucao I thence lo St. Pliili|)'s B.iy ; thence lo Val-
paraiso, in latitude thirty-three degrees three minutes
south, where he captnr nI a ship belonging to Spain,
(with which nation England was at peace ;) thence
to Coquimbo, in latitude thirty degrees south j thence
to Sarcipaxa, where he rolibed a Spaniard, asleep,
of four Ihonsand ducats' worth of silver | and, on the
7th of I'ebruary, 1371). lie arrived at Arica, in south
latitude eighteen degrees twenty-six niinuies, where
he robbed three sinall Spanish vessels of fifty-seven
ingots of silver. lie then set sail for Chili, In search
of plunder, but news of his being on ihe coast having
been transmitted, overland, (us Drake learned froiii a

captured Indian.) he sailed lor and arrived at Lima,
where a number of Spanish vessels, richly laden,
were robbed. Here he learned that a rich Spanish
ship had sailed, three days b«i"i)re, for Paila, which
lies in south latitude five degrees five minutes; he
resolved to pursue her j but, finding that slie had ac-
tually proceeded to Panama, which lies in north lati-
tude 9 deg. min. 30 sec, he altered his course. On
the 1st of March, 1579, he came up ;o this vessel, and
captured her. He now shaped his course towards the
west ; put into a small island (the iiiime of which is
not mentioned) to refit. On Ihe 20lli of March, they
put to sea again, and, on the 13tli of April, arrived
at Port Anguatulco — [he committed several piracies
(m this route] — where he landed and plundered the
town. Drake's crew, now sated with plunder, were
anxious to return to England ; but he expatiated upon
the honor of finding a northwest pa.asage. His au-
thority prevailing, they sailed into a port in the Isle
of Canes, where they took in wood .md water. They
thence proceeded in quest of the northwest pas-
sage; but after sailing to latitude forty-three de-
grees north, ivithout $((in>j; 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

•

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

lati

OREGON TKRRITORY.

)

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

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-
<IFIC, HETWEKN THE FORTY-RECOXD AND FORTY-
NINTH PARALLELS «K LATITUDE j her present claim,
not in respect lo any part, but to the whole, is Li-

.MITED TO A RIGHT OF JOINT OCCUPANCY IN COM.MON

WITH OTHER States, leaving the right of exclusive
dominion in abeyance; end her pretensions to the
mere mnintenaiice of her own rights, in resi.stance
to the e.xclusivk character of the pretensions of
the U. S."

Now nothing is required but a comparison of these
•' pret'.n.iions''^ of Messrs. Huskisson and Addington
with llio "c/ii/«,s"of the iNl.P., toperceive that they
are so completely and entirely at variance that they
cinnnt for a single moment sland together, and that
if o/it' is adopted, th'' oilier must, neeessiirily, fall to
the ground. The r'v^hx i>{ 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<io/r'* of Great Britain (as it lias not inaptly
been called) is a final and conclusive answer to the
claims of the M. P. in right of her (alleged) prior
discovery.

* "Preti:n?ion," a fictitious show or appearance.—
Barclay's Dictionary.

But if this right o( joint oer.upanry cannot he traced
to the law of nations, and is, as I have shown, so
much at variance with the principles which govern
in such cases, whence does it derive its binding
effect ?

"The rights of Great Biitain (continue Messrs.
Huskisson and Addington) are recorded and defined
in the Convention o/1790 ; they embrnce the right to
navigate the waters of those countries, to settle in and
over any part of them and to trade with the inhabi-
tants and occupiers of the same."

"The Convention of 1790?" The reader will no
d(uibt be surprised to learn that this "Convention"
was nothing more nor less than a treaty made the
iiSth of October, 1790, between Spain and Great Bri-
tain and no other power. So that here we find these
plenipotentiaries, after all the denials on behalf of
Great Britain that Spain had any right, by prior dis-
covery or otherwise, to Oregon, laying the founda-
tion stone o( all her (Great Britain's) rights to the
territory upon the title of the Spaniards ! " If Spain
had no title (said the M. P ) she ccmld convey none
to the U. S." This was granted, for true it is that
the waters can be traced no higher than the spring
But unless there is one rule of interpretation where
England is concerned and another for the U. S., Eng-
land, by a Convention with Spain, could derive no
greater right than was vested in the Spanish crown.
Wherefore this referwice of the plenipotentiaries to
the " Convention" with Spain, as the "defined" and
" recorded" basis of the " pretensions'' of Great Bri-
tain, is a free, full and absolute admission tliat Spain
was entitled to the territory, in right of htr prior dis-
m-eriis ; that being the only title thereto which the
Spaniards have ever set up. Now what becomes of
Sir Francis Drake and his (pretended) Island of Al-
bion ? What becomes of that singularly erroneous
notion of the M. P., of the right of Great Britain, by
virtue of her discovery and sellleinent of her Atlan-
tic colonics, to stretch (over Louisiana and California)
to the Paeilic Ocean ? All these dreams of the M.
P. have vanished before tliis diplomatic admission of
the Spanish right, "like the baseless fabric of a vision,
leaving not a wreck behind 1"

Taking then the statement of these plenipotentia-
ries to embody the entire " pretensions" of G. Britain
to Oregon, I pledge my.*elf, if the reader will accom-
pany me, to show that they are no justification for
England to claim title to that territory.

In the first place, I recall attention to the circum-
stances imder which that convention was wrung (I
do not make use of loo strong a word) from the
Spaniards. I recall attention to that part of my first
lecture in which I have shown, that the right to
Oregan by prior discovery was in Spain, that thu en-
try upon Nootka, by the British subjects, was a tres-
pass—that the King, Lords and Commrms, in Parlia-
ment assembled, acknowledged that the title to the
sovernigty of Oregon was in Spain — that nothing
more was claimed, on belin'f of Great Britain, than a
right of trn/le and trajfic—ihai such a right to trade and
traffic, -vithout the consent of the soverign of a coun-
try, is not recognized by any principle of the law of
nations — that Spain nisisted upon her exchtsive right
of sovereignty — that she was threatened with war by
Great Britain, whose Parliament had voted a million
of pounds to c^irry il on— that France, to whom sh«

thll
tof

M
th(

"Pi
pol

OREGON TERRITORY.

red

SI)

'em

Jiiig

ined

ttto

and

labi-

applied wnsiinnWp, or unwilling, to assist her — thnt
Great Brituin hnd 158 sail of the line, wilh which
Spain wsi-iinmlile Inccntcml — and, therefore, ih;il Iliis
"convention" was ertnrttil from Spain, as it were,
"at the oannon'a month.'' And I a^k, wilh some
C'Mifulence, whether, if Kii^'/aiid considers fui-k a
" conreiilion'^ a proj-er treaty to /"urce upon the U. P.,
who were no jmrties thereto, the U. S. will con-
sider it an ngreenicnt whic li they, as the grantees of
S,)ain, are bound to fnlfil ?

But .secondly, I appeal to history that this "con-
vention," which, upon its face, has such an imposing
appearance, wuseo'i.-idcred liy " the high cnutracting
powers," more as a jinper roncrssum, to gratify the
pride of the Briti-sh jieople, whose passions had been
much excited by the affair at Nootka, than as any real
conliact, to be carried into execution. liCt any one
read the debates in Parliament when this treaty was
submitted to that body. He will there find, that the
Ministry and their friends talked much of the vindi-
cation of the honor of the nation, ^c, while the oj)posi-
tion contended and showed that Great Britain had
gained nothing ; but, upon th«- whole, was the loser
by the convention. That the papers and correspon-
dence upon which the treaty was made, were loudly
called for and obstinately withheld. That although
I have, by taking, as I promised to do, the Eni^lish
account of the affair at the sound, which states that
Mears " had built a house midfortijitd it," that there
is very strong reason to believe that Mears never
built an;/ house at Nootka, — and it is cc; tain that, if
he ever did build one, that it was a mere shanty,
which was removed before Martinez came there.
That the "convention" was purpo.-^ely so worded
that while it conveyed the idea that under its pro-
visions lands and buildings were to be restored, yet
for want of a sufficient specification ?iohc tivr could
be renored. That although it was pronuilgated in
England that two frigates were to be sent out to the
Pacific to assume po.=session of the lands, &c., at
Nootka, that the commission dwindled down to the
appointment of Mr. George Vancouver, one of Cook's
Jjieutenants ; who was not even sent out for this ex-
press purpose, but was about to sail on a voyage of
discovery ;— that in August, 1792, Vancouver was at
Nootka, and was ready to receive from Quadra, the
Spanish Captain, repossession of the lands, /cc, (if
anj) taken from Mears, — that upon making strict in-
quiry it was found that he (Mears) was never in pos-
session of any lands there, and that no lands or houses
were ever restored or put into the possession of the Bri-
tish, — that on the 2d Sept., 1791, the Spaniards were
still in quiet possession of Nootka, — that Vancouver
returned to England in 179.5, and, of course, made liis
report ; but nothing further has been done in the
business.

There is, therefore, every reason for believing tha
this boasted " Convention," where the Britisli right
to Oregon is said, by the plenipotentiaries, to he " de-
fined and recorded," was one of those artifices that
the English ministers, from time to time, play off
upon the people, and that it never would have been
again thought of but for the ingenuity of these pleni-
potentiaries.*

*In Belsham's History of Great Britain, vol.
3., p. -337, it is stated that the Spanisli fiag at Noot-
ka was never struck, uiul that the whole lerrilory has
been relhiquished by Great Britain.

1 Thirdly. The Convention between Spain niul
Great Britain, upon which the plenipotentiaries rely,
wa* (as above said) made in 1790.

In 1790, Spain declared war ngnnist England.
Now. whatever may have been the licenses " to'jm , -
gate the ivaters of those countries, to spltlr in and over
any part of them, and to trade with the inhal)ilanl.>
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 an<l Vancouver's
Island," and the Strait now called "the Strait of
Juan de Fnen." They were then driven by the winds
Southward to within eighty miles of the mouth of
the Columbia river, where they anchored near an
Island, called by them "Isla de Delores," inconse-
quence of some of their men having been there mur-
dered by the natives. The llih August, while Heceta
was coa.sting Southward, he discovered a promontory
called by him "Cape San Roqne," and immediately
South of this, in Int. 40 deg. 10', an npenini; in the
land which appeared to him to be a harbor or 'l;o
mouth nf a river. This opening was afterwards re-
presented in the Spiuiish charts, printed before 17oi*,

A LECTURE ON THE

by ilie imtiics of " Kiitriidii ile Heoetn," " Eiitrada de
Asiiiii'ion" and " Rio de Sun R'i(|ui!."

Ill 1T!^7, Ijiuiiicimiit Joliii Meares, an Kiiglisliman,
niiidc Hii altuiniil to ri!-dii«covur lliis Imrlior or irioiilli
(if a river, Imt he was entirely ua.<iict'es»riil. I will,
at preneiit, tuke /lis ouirt t'tnlnmtu of lliisairair. lie
say* lie discovered a lieailluiid in lut. 10 deg. 17,
wliicli lie called "Cape Slioalwiiter." -'Sailing tlience
along llie. coast, (says Mt;atf.-<) toward* the Smili,
a high blurt" liroiiiontory bore im ofTSiulhciint, at the
disiiiiice of only four leagues, for wlii''h we sleeted
to double, with the hope that, between it and Cape
Shoal water, we s-lmuld iiud some sort rf harbor. We
liowdiscovered distant land beyond this promontory,
and we p'rased ourselves with the expectation of its
being " Ca},' Saint Hoc" (Roque) nf the Spaniards,
near which thi.y are said to have f<mnd a good port.
By half jiast e'-; .'en we doubled this Cope, at the
distance of '.hree miles, havini; a clear and perfect
view of thf shore in every part, on which we did not
discern a livhig creature, or the least traceof habita-
ble life. A prodigious ea.'iterly swell rolled on the
shore, and the soundings gradually decreased, from
forty to sixteen fathoms over a hard, sandy bottom.
After we had rounded the promontory, a large bay,
as we had imagined, opened to our view, that bore a
very promising apnearance, and into which we steer-
ed with every eiioouragiiig expectation. The high-
land that formed the boundaries of the Ilay was at a
great distance, and a flat, level country occupied the
iiitervoning space ; the U.iy it.^elf took rather a west-
erly direction. As we steered in, the water shoaled
to nine, eight and seven fallioins, when breakers
were seen from the deck, rit;li ahead, and from the
must-head tlioy were obscrvcil to exleiul across the
Cay; we, therefore, hatihd out, and directed our
course to the opposite shore, to see if there was any
channel, or if wecoulddi>coveraiiyport." 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<i pride them-
selves upon their rank, station, talents and education
should labor under such a delusion as to believe that
diplomacy re()uires of them to resort to such mea-
sures ? Perhaps it may be urged on behalf of these
gentlemen that they were ignorant of Meares' publi-
cation, from which I have made the above extract ;
and I sincerely wished that this might have been the
case, but unfortunately* in the same paper, these ple-
nipotentiaries add, that "Meares' account of his
voyage was published in London in August, 170O,"
and it is hardly fair to presume that these gentlemen
had come to the discussion of the right to Oregon,
without reading the book to which they refer. If they
did read it, they must there have seen that Meares had
not already minutely explored the coast from the 19ih
to 54th degree of N. Lat., that he had not taken for-
mal possession of the Straits de Fuca — that he had
neither purchased land, nor trafTicked, nor formed
treaties with the natives — that he had not actually en-
tered the Bay of the Columbia River, but that on the
contrary, that he had asserted that tio stirh river ever
did e.rist, and that he had called the Cape " Disap-
pohitment," because he had been disappointed in his
expectation of finding the river laid down in the Spa-
nish charts.

A more plausible, but still far from being a sub-
stantial excuse, might perhaps be suggested, in the
fact, that \.\\npffiifrs upon which this statement of the
rienipotenliaries was founded were fallacious, fur
these gentlemen proceed to say that they have ap-
pended "an extract from the log-l)ook of Meares —
maps of ihe coasts and harbors he visited, in which
evtry part of the Coast in question, including the Bay
of the Columbia, (into which the loo exi'REssly

STATES THAT MeAKES ENTERED.) is miuutolv laid

doion, and an engraving, dated August, 1790, of the
entrance of de Fuca StriMts, executed after a design
taken in June, 17S3, by Meares himself.*

Now I appeal with confidence to every honest man,
without regard to the nation to which he belongs,
that these " extracts" and "designs," so utterly and
entirely at variance with the journal published by
Meares himself in London, in 1790, are entirely desti-
tute of credit. If the Plenipotentiaries made use of
these spurious papers, believing them to have been
genuine, (which, notwithstanding the improbability
of gentlemen of their extensive reading, never hav-
ing perused Meares' book, published in London in
1790, to which they themselves refer, I prefer infer-
ring,) it behoves them now to institute an immediate
iiKluiry, and tocause to 'be punished the individual,
whoever he may turn out to be, who has been guilty
of this deception. If, on the other hand, (which I at
present disclaim) the Plenipotentiaries had read, the
book of Meares, published in London in 1790, and

* I have a \vord more to say upon the subject of
tho design, which shall appear hereafter.

Fuci

OREOON TKKUITORY.

they relied upon these tpurioui paper*, knowing
them to he spnrious, upon the supponition that the
ignorant Yankf.e.i hod never seen that book, and
would be unable to detect the imposition, a much
graver and more distressing aspect would be put
upon the whole affair. We will now proceed to
show who did discover the Columbia River.

In the month of May, 1701, Captain Gray, of the
American Mp Columbia, ofBostou, sailing along
the Northwest Coast of North America, olwerved
an optning in lat. 46" 16', from which issued a cur-
rent so strong as to prevent his entrance although he
remained nine days in its vicinity endeavoring to ef-
fect that object. He was, however, convinced that
he had discovered the mouth of a large river. The
ship Colwnbia wintered at Clyoquet. On the 29ih
day of April, 1702, they fell in with the English »hip
Discovery, Captain Vancouver, and Captain Gray
informed Captain VRncouver of his having been
" off the mouih of a river in Int. 46° 10', where the
outset or reflux was so strong as to prevent his enter-
ing for nine days." On the 30th of April, Captain
Vancouver made the following entry in his journal,
which has been since published : " We have now
explored a part of the American continent, extend-
ing nearly two hundred and fifteen leagues, under'
the most fortunate and favorable circumstances of
wind and weather. So minutely has this extensive
coast been inspected, that the surf has been constant-
ly seen to break, on its shores, from '.he mast-
head ; and it was but in a few small intervals only
where our distance precluded its being visible from
the deck. It must be considered as a very singular
circumstance, that, in so great an extent of coast,
we should not until now have seen the appearance of
any opening in its shores, which presented any certain
prospect of affording shelter ; the whole roast foiming
one compact, solid and nearly straight harrin against
thi sea. The rtver mentioned by Mr. Gray should,
from the latitude he assigned to it, have existence
in the Bay South of Cape Disappointment. This we
passed in the forenoon of the 27th ; and, as I then
observed, if any inlet or river should be found, it
must be a very intricate one, and inaccessible to ves-
sels of our burthen, owing to the reefs and broken
water, which then appeared in its neighborhood.
ATr. Gray stated that he had been several days at-
tempting to enter it, which at length he was unable
to effect, in consequence of a very strong outset.
This is a phenomenon difficult to account for, as, in
most cases, where there are outsets of such strength
in a sea coast, there are corresponding tides getting
in. Be that, however, as it may, I was thoroughly
convinced, as were also most persons of observation
on board, that we could not possibly hax^e passed any
safe navigable opening harbor, or place of security for
skipping on this coast from Cape Mendocino* to t)u
promontory of Classet,^ nor had we any reason to
alter our opinions, notwithstanding that theoretical
geographers have thought proper to assert in that
space the existence of arms of the Ocean, communi-
cating with a Mediterranean Sea, and extensive
rivtri, with safe and convenient porta."

* Lat, 40° 19'.

t Cape Flattery, at the entrance of the Straits de
Fuca, between 48 and 40°.

Now I appeal again to the honest of all nations
whether it could be possible, that Lieutenant Meares,
of the Royal Navy, could have previously visited
every part of this coast, including the Bay of Colum-
bia, into which the spurious extracts of his log-
book, referred to by the plenipotentiaries, " expressly
state that he entered." Ap-I whether he could have,
in 1788, made any such " design" of the entrance to
the straits of Fuca, the existence of which Captain
Vancouver treats as being fabulous. That Captain
Vancouver had seen Meares' book published in Lon-
don, 1790, is highly probable, if not certain, for he
refers to "Disappointment," the name bestowed by
Meares upon the Cape, in c( iiseqnence of his having
been disappointed in finding the San Roque, (the Co-
lumbia.) What opinion then must be formed of the
line of conduct of the British Government, if they
persist in their endeavor to take away from the peo-
ple of the United States the Territory of Oregon,
upon such dishonorable and dishonest giounds ai
these spurious extracts and antidated designs ?

But we must return to Captain Gray. On the 11th
of May, the ship Columbia was opposite to the " De-
ception Bay" of Lieutenant Meares, and immediate-
ly South of his " Cnpe Disappointment," ut the very
spot where Captain Vancouver was thoroughly eon-
vinceil there was no river. The breakers extending
across tlie bay, presented as usual, a formidable ap-
pearance ; but the gallant Yankee, nothing daunted,
dashed forward, and soon found himself on the broad
bosom of the Columbia ; the waters of whioh were so
fresh, that the casks of the ship were filled within
ten miles of the Pacific Ocean. On the 14th, he as-
cended that river twenty mil''- from its mouth;
anchored, landed, and traded wiihthe natives until
the 18ih. On the 20th, he descended the river,
passed the breakers and entered the Pacific Ocean.
Captain Gray gave the name of his ship ("the Co-
lumbia") to the river. The Cape at the Southern
sid^he called "Adams;" and "Hancock" was
substituted for " Disappointment. "#

Of the merit of this discovery, no power on earth
can deprive Captain Gray. Even were might to
overcome right, and the Americans to be deprived
of the Territory, posterity would do justice to this
bold and enterprising American. The United States
has no knighthood to confer upon him ; but his name
shall descend to after times honored ; not so with
Sir Francis Drake's !

At Nootka Sound, Captain Vancouver was inform-
ed of the particulars of Captain Gray's successes,
and received from the Spanish Commissioner, Qua-
dra, copies of Gray's charts and descriptions ; which
had been obtained from Gray. In the following Oc
tober, Vancouver went again in search of the Co-
lumbia River, and this time he found it. Now mark,
my countrymen, how ingeniously and ungenerously
he endeavors to deprive Captain Gray of his fame :

" The portion of the Columbia River near the sea
(says Vancouvar) was found by Captain Broughton,
(who he sent in to make explorations,) to be about
seven miles in width, its depth varied from two fa-
thoms to eight, and it was crossed, in every direction,
by shoalfl, which must always render the navigation

* Extracts from Captain Gray'i log-book ta pub<
lished.

A LEcrrnK on the ohemon tkiiritokv.

difflcuh, even by small veiseli. Higher up, the iireain
became narrower, at the dbtaiice of iweiily-five
miles its breadth did not exceed lOtlU ynnlfl." Prom
theie rircumatnnces, Vancouver contend* that the
true emranci nftke Rivir was at thatjmnt ; and hence
that, as Captain Gray had proceeded only twenty
miles, he had not discovered the Colnmhiu River '.
I blush for human nature as I record such snphlstry.
Shame upon sucb unbecoming envy and uiicharita-
blenesB I From the point alwve mentioned to the

ocean is not " (As Hiver," but " on inltt" or " Sound,*'
(says Vancouver.) I will not insult the understand-
ing of my readers by making any comments upon
this (pretended) distinclinn.

Such is the impartial history ofthe di.icovery of the
Columbia River, upon the merits of which the im-
partial will decide according to the dictates of I'XTiTH
and Right.

" Let JrsTtcK be dune, /

Though the heavens shall fall." ^

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