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Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ► signifie "A SUIVRE ", le symbole V signifie "FIN ". Les cartes, planches, tableaux, etc., peuvent dtre filmAs A des taux de reduction diffdrents. Lorsque le document est trop grand pour hue reproduit en un seui clich6, 11 est f ilm6 A partir da i'angle supArieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessalre. Les diagrammes suivants illustrent la mdthode. r errata d to It le pelure, pon d m 1 2 3 32X 1 2 3 4 5 6 SPEECH OF MR..DIX OF NEW YORK, OJf THE . RESOLUTION GIVINO THE TWELVE MONTHS' NOTICE FOR THE TERMINATION OP THE JOINT OCCUPANCY OP THE OREGON TERRITORY. - DELIVERED IN THE SENATE OP THE UNITED STATES, FEBRUARY 18 A 19, 184*. • Mr. D\dliering rigidly to the si.bject, a^d, if p(«-« sible, withuutaddreesingasiiigU. wprd toprejtMUM or passion. The region which no w_ constitutes the territory.of Oregon was seen, and a part of its coeat reeonni^ tred— I will not say explored— half a century af^ the discovery of America. In censequence of.it» remoteness ft'om the course of trade which was opened liy the voyages of Columbus, the lUppoaed r^or pf its climate, and the certitinly derived ft»m the expeditions sent out from Mexico, that it eoiK tained no sources of wealth .like those by whieh Spain had been enriched in the more aouthem Wl^ . tions of this continent, it remained, for more tnaa two centuries and a half, without anypermaiMnt settlement by civilized men. During, this long |>6» riod, Spain constantly asserted he( right of jproprie* torsliip in it by virtue of discovefy, and baa formetl temporary establishment* in its neighborhooid firom time to litiie. During tho half century which tueoede4» ' it was frequently visited by shifis of othernaiioni^ by accident, for purposes of exploration, or for objeete of commerce, and thus there arose a ntimber of cium^ anta to the right of sovereignty and domain. Tll^ claims of RuKsia have been ad/usted with Qritat Britain. She holds, by the acquiescence oC theUtt- ter, the whole northwest coast of America ndrth of latitude 54° 40\ as far back as Ihefilst range ofh^fa^ land?} and by virtue of a convention with the United States, wo have agreed to .'brm no settlements north of that parallel. The southern line of Oregon we holtl to be fi.Yed, by the settleme'.it of the boundary line be- tween the United States and Mexico, at. 43°. The ter» ritory in (*. to the interior to the k' 3cky mountains; and thcUnhad States and Great Bk ;ain are the only claimanta^ the right of pro;j.nc. rship in it. Bemro I pr'>ceeU to examine their recpeetire claims, it may be proper as the s^ibject htia been referred to on thia fioor, briefly toeUKif the condi* tions, under which, by the usage of naitaon*, a right of property in lands uninhabited, or ocenpiedl^jr ' wandering tribes, may be acquired. The basis usually relied on to .support a r^ht of thia nature iij discovery; but it is aground of"' >t which becomes untenable, unless followed by _a actual occupation of the discovered territory. If a title is not perfected by occu^mtion, a tecood, discoverer may approprittte the territory thus neg-' lected by the first. But this must be upon reaaon* able cvidenco of the intention of' the first discoverer not to take possesaion of it. If a second discoverer were to seize upon and a|K>ropriate the diacoverMl ' territory, before the first had time to ftnrm an e«tab> '3 •3 a -'•;■ « I r ?: lithment within.i(, such an act of interfiinnc* would' be regar^at ah unwarrantable intruaion, which the latter inigfoiJuMiy reaiat. On Ihe other hand, if the flrat di«cnr*ef .nef^lecta within a reaaottable limn to lake actoni pi^aaeaaion of, to form aeltlementa in,Ucaiion of the principles of universal equity and uatice; and in the aettlemen^ of tfuestions of this na- ture, t|ie real objrcta and intentions of Ihe parties are' to be soughl for in area»onable interpretation of their acts. 1 believe, however, the -doctrine may be considered fairly inferfable from the whole body of the btW.on thiiaubjeet, that rights by diacovery are gpod until aupcraeded by rights of occupation. With regard to Oreat Britain. I believe I may safely say that her practical rule pushes this doctrine, farther. Sbe'reaista all attempta by others to acquire rights of occupation-jn territories which she has discover- ed, and thus renders her own righta by discovery perpetual. She diacovered the Chatham islands in 1791 by Lieut. Broughlon, in the armed tender Chatham, after parting company with Vancouver •n their way to the northwest coast.* She has not occupied Vhem until recently; and I am not sure thatthtfreJs i\pw anything more than a whalinges- tablishment on, tliem; but she insists that no other power shall occupy them, becaure it vrould be in- jurious to her eettleroents in New Zealand, which are nearly- five hundred milca distant from them. I piioposenow to see what acta have been performed in respect to Oregori by diflierent nations; or, in oiher words, to exaipine the nature of the discoveries which have been made, and the establishments which have beetiiformed in that region, applying to them as I' proceed the principles 1 have concisely stated. Th«fir„'ZdihepT«rer of any part of the norihwest coastofAineriea north of, or in immediate conti- guity, with the boundary between us and Mexico, was Ferrelo. He was the pilot of Cabrillo, ihp commander of an expedition fitted out.in Mexico in • 1543, fifVy-onc year* after the diacovery of San Do- mingo by Gulumbua.. Cnbrillo died on the voyage, nnd Feri»lo succeeded to the command. He examined the coast from the Santa Barbara islands, in latitude 34Ot0llie43d pnrallpjof latitude, but the latter part of his voyage 'was made, I believe, without landing, and by a mere 'inspection of the coast frnm his vessel. In 1535, eight years before this exploration waamade,.poe«cs8ion had been taken of California S' Fernando Cortes; in the name of Spain, and an tablisbment had been formed in 24° of north lati- tude. This esiablishment was kept up for several years; and the gulf of California to its northern ex- tremity, with the western coast as high as 38° north latiluifc, had been explored. These explorations, and tlie csUibHthmenu formed in carrying them on, w6re all made ui pursuance of a nettled purpose on the part of Spain to extend her dominion over the uninhabited territory on the northwestern const of America. The ditioveries to which these explorations led were therefore not accidental. The expedit ions fSee Vanconvei'* Jourisal, Bouk I, chBii. J. were fitted out. for the single object referred to. In the prosecution of this desi|^n, it is true, the most arrogant and .absurd preienstons were set up by Spain in respect to the exclusive navigation of the [ Pacific; but tRese must not be permitted to prejudice her just claims to portions of^the continent waahed by its waters on the ground of diacovery and occu- pation, and the declared purposes she had in view. The next navigator who apf)eared on'the north- west I'oast waa Sir Francis Drako. He left England in 1577, on a predatory ex|>edition against the do- minions of Spain' in the Pacific. In 1579, after hav- ing accomplished hia object, and carried devastation and terror into the unprotected Spanish settlements on the coast, he landed in 3£P north latitude, In a bay supposed to be that of San Francisco, and pissed five weeks in repairing his vessel. He took posseasion of the country and called it New Albion. It is pretended that Sir Francis Drake followed the coast as far north as 48^; but the beat authorities fix the northerly liinit nfhis examination, which was a mere inspection from his vessel, at 43°, theeupposed bounttary of Ferrelo's inspection more than a quarter of a century before; As the Uritlah negotiatori have abandoned Drake'a expedition as a part pf the basis of their claim, I will not dwell upon it excepting to add that his examinations -were accidental; they were not made in pursuance of any purpose of ex- ploration or setllemenl; they led to the discov- ery of no new territory; and they were not followed up by an actudl occupation of the soil. For two centuries no claim that I am aware of was set up by Great Britain on the ground of Drake's pre- tended bisceverics. The next - explorer was the Oreek pilot, Juan de Plica, who was sent to the northwest coast in 1593, thirteen years after Drake, by the viceroy of Mexi' CO, for the purpose of discovering the imaginary strait of Anian, supposed, at that day, to connect the north Pacific with the north 'Atlantic ocean. In the proaecuiion of his voyage he entered an extensive inlet from the sea, as he supposed, between the 47th and 48th parallels of latitude, and sailed more than twenty days in it. Such is his own account as de- tailed by Michael Lock; and it accerds,-a8 well as his descriptions, so -nearly with the actual nature of the localities, tha' it ia now generally conceded that it Is aubsuintially irue; and his name is conferred by universal ronsentvon the strait between the 48th nnd 49th parallels of latitude. Spain had thus mode discoveries or. Ihe northwest coast ^fore the closti of the 16th century as far. north at least as the 48t1i degree of latitude, and the nature of her explora- tions, from their extent and the settled purpose in -pursuance of which they were made, excludes all claim of discovery by others down to that period of time. Ill 1603, Vizcaino, a djslinguished naval com- mander, under an order from Ihe king of Spain, made a careful survey of the coast of California to Monterey, in the 37ih parallel of latitude; and he also explored the coast as far north as the 43d par- allel, giving names to teveral bays and promonto- ries as he advanced. During the seventeenth centu- ry, at least seven dincrcnt nttempts were made by the Spaniards to form CHtablislimenls in Culifornia; but, from the hostility of the' natives, and other causes, these attempts failed, so far as any permanent set- tlement is ciincerned, excepting the last, which was made in lf)97. But, within sixty y^rs from this time, sixteen principal establishmetits were formed by the Jesuits on the western coast of America, be- tween thcQulf of palifornid nod ^ap^^cndp^^irr , %"■ y-'f.-. Ji^-v ,ii&&^si^km- \ ' > ^^^ (ingle object raferred to. In ii dMi||n, it it true, the moet preteneiou were let up by lie exoluaive navi^tion of the t not be permitted to prejudice riiom or the continent wanhed :round of discovery and oecu- d purposes she had in view. who appeared onlbe north- ncla Drako. He left England exfMtdition affinal the do-! le Pacific. In 1579, after hav- bjecl, and carried devastation protected Spanish settlements ndrd in 38° north latitude, be that of San Francisco, ka in repairing his vessel. of the country and called s pretended that Sir Francis eosat as far north as 48°; lies fix the northerly limit which was a mere inspection 3P, the auppnsed boundary of lore than a quarter of a century sh negotiaiorn have abandoned IS a part of ilie basis of their rell upon it excepting to add ) 'were accidental; they were )ce of any purpose of eX' int; they led to the discor Titory; and they were not udl occupation of the soil. For n that I am aware of was set >n the ground of Drake's pre' was the Ghreek pilot, Juan da to the northwest coiut in 1593, rake, by the viceroy of Mexi- of discovering the imaginary ised, at that day, to connect the north 'Atlantic ocean. In the royage he entered an extensive he supposed, between the 47th latitude, and sailed more than Burh is his own account as de> ock; and it accerda,-a8 well as !arly with the actual nature of is now generally conceded that 'ue; and his name is conferred .on the strait Itetween the 48th latitude. Spain had thus mode orthwest coast |)efore the clos«i I far. north at least as the 48th ind the nature of her explor»- lent and the settled purpose in they were made, excludes all others down to that period of , a distinguish^ naval com- der from the kin^ of Spain, r of the coast of California to 1 parallel of latitude; and he St as far north as the 43d par- I teverai bar* and proraonto- Duiing the seventeenth centu- rent attempts were made by the itbli£(hmcnts in California; but, the- natives, and other causcH, so far ns any pcrmAnent set- excepting the last, which was within sixty y^rs from this il f atabli.shments were formed western coast of Atiierica, be- tlifornia nnd cape Mcndocinr, jj ■ikd 6t which wu In ths bey of Si. Fruieiac*, iiMur the 38th degrr« of latitude. During the whole period from the landing of Fernando Cortes in California, and the latter part of the eighteenth eentury, Spain had uniformly asserted her title to the northwest < 49° 30'. They had also examined it from the 54tl; to the 59th parallels, and visited it at inter- mediate points. Ar^ in these explorations they were wholly without competitors, excepting on the partof some Russian navigators, who had made dis- coveries north of the 56ih paraller, and Drake, who had Tiaited the coast at the 38ih. During the two cen- turies which intervened from the expedition of Drake to the third voyage of Cook, no attempt had ««eB BMde, nor any de«ign indiorted on the part of Great Britain, to avail herself of any pretended right *>y virtue of the transient visit of the former to the coast; while Spain constantly asserted her claim to it by virtue <}f previous and subsequent discoveries. And in California and its neighborhood she had, af- ter repeated efforts, su ii-eeded in effecting the per- manent occupation of the country, whkh was her earnest object — an object which no other powe» du- ring that long |)«riod had even in contemplation. The third voyage of Captain Cook, undertaken in 17771, gave the Urtt indication of a dcalr« on the part of Great Britain to appropriate sneh pasts of the northwest eoasi o' %meriea as she coitMd* ered open to settlemdnt, d subject tiiam to h« dominion. He was inat -ted to take possession, in the name of the king, < onvenient situations in the countries he might di ^ver that had not b««K already discoversri or visited by any other Euro- pean power. In -1778 he landed at NootkA sqund, in 49° 33' north latitude, where he remained nearlr a month trading with the natives and refitting his vessel. I l)elieve this was the only point within ths territory in dispute at which Captain Couk landeAand it iti proved by iu latitude to be the same bay whieh Perez discovered four years before, and in whieh ho passed sometime, like Captain Cook, tniinC with the natives. The subsequent explorations at ■ the latter were made further north, (I belisfb ho. did not see the coSst south of 55°,) withaTtt#to the discovery of a passage between the Paelk and Atlantic oceans, and they have no bearing on th« question under discussion. The explorations of Captain Cook ga^e no thin ^ whatever to Great Britain on the score of discdyery —the only place where he landed having b«en pre* vioual^ visted by Perez. Becdes, if she hoagauiai' a «ontingen( right of possession by virtue of hit. explorauons, she did not proeeed fo ptrftctli^ tills by a forma) occupancy. The neglect of Ghrtht Britain to take actual possession of Nootka, sound, even if she had gaineoa contineent right by discov^ ery, is conclusive against any ewim on her p^rt to a right of oroperty in it. For eight or nine years the British fla^ wss hot once unfurled there, as I can learn, althotfth the place had, ii. the mean time,, been visited by navigators of other natidm^ and it was not until several years later still that it was even entered by a public armed vessel of Qreat Britain; and then not until the Sponith goveriunent had taken formal possession of it. In 1787, Berkeley, an Englishman, in, the seryioe of the Austrian East Iiiilia Company, saw the strait of Juan de Fuca, but without attempting to enter it<, In like manner, Meares, a lieutenant in the- British , navy, though in the service of a Portuguese mutehsnt, and sailing under the flag of Portugal, stot a boat a ' few miles into the strait in 1788,'having learned ttvttt. Berkeley that be hiid re-discovered it the precadlnr year. Meares also explored the coast in the y'mtS^ ly of tlie mouth of t^o Columbia rivpr, and came to tt|e conclusion, to iise his own languoge,^ that' "no ' such river as that of St. Roc exista, as laid dowh in the SpanisKcharts." — Fbyii^ >,^e.,/itftnJUirar«,eio., ' p«g« 168: ■' As the 'transactions, in which Meares wase»> gaged, on the northwest coast, are intimately con- nected with the claim of Great Britain to a right pf jointoccapancy in respect to Oregon,! tmsttt w»U not be deemed superfluous if I examine thsm soach whiit in detail. i?,3fore making the explorations above refeRaM.'iOr, Meares had landed at Nootka soiind, ood Ml f f>fr- ty to build a small vessel. Heha4fora triibqgei^ sideration obtained the graptof "a spot nf Erstnw" from Maqiiinna, the king of the surrounding oran'- try, to build a house for the accommodation of tha party. The occupation was avowedly fbr a tempo- rary purpose, and he had stipulated with Maquiisna to restore the posaessio^ to him, when he (Mesrm) should finally leave the coast.* In the atitumn of '"Maquinnahadnot anlT msit rcadil I a spot of ground in hti territory , ...ight be l>uilt for thp accommodation of t)ie |ii.'r,pl« ' tended to leave there, but bad promiirduii alio oil attlsic msit rfadilj-eoBii»nted;* nnd vet, sir, notwith- Blanding bo wa»' soiling under a forci^rn Hn::, with orders to ireut his Britannic mnjcsty'a on^jrr.ts aa pirai<8 in cnse they molested liim, the Briiivh gov- ernment does not scruple to found its title to Oregon on his voyage. Though the vessels of Mearcs' mailed under the Portuguese flag:, and under the namu of n Pnrtu* fiirae Rubfect, he asserlrd in his memorial that the parlies in'intercst were British merohants. I drsiri^ to state the whole tnith. and therefore 1 give n fuel I have not seen noticed. At pnsfe F73 of his voy- age* it will be »cen that be tomt possc^Hiiinn of the Btroite of Juan de Fucii, in lite, imme of iHo kin^ of Grcni Britain, in July, 1788.- lint iiiilcpen- dently of the objection to tlaims founded ti[H>n the , transact son's of un individual, wlin, :unatt.^' we chuultl leave on sfaoie; and u a bribe to secnre bn attachmeii! he was promiird th^twlien we finnliy left the coa. un tli6 two countries, but which was finally terminated in October. 1790, by the treaty of the l<.8curial, or the Nootka Sound convention, as it is more frequently dcnominnted with us. Before the ncf^otiaiione were concluded, both vessels were voluntarily released by the Sf>onish authorities in> Mexico. As the Nootka S°ound convention constitutes un esiienlial ingredient in the claim of Qreat Britain, it will be neceisary to ad vert to such of its provisions as are mndo the foundation of her title to the qual- ified exercise of sovereignty which she asserts over the northwest coast of America, and to consider them in connexion with the circumstances under which they were framed. The articles which relate imrticulnrly to the question under discuanion, are the Ist. 3d, 5th, and (itii. The 1st article provides that the "the building* and tracts Af land situated on the northwest coast of the continent of North America, or on the islands adjaeent to that continent, of which the subjects of liiii Briinnnio m^esty were dispossetsed about the month of Amil, 1789, by a Spanish officer, shall be rextored to tne said British subjects." The 3d article provides that, "in order to strengthen the bonds of friendship, and to preserve in future a perfect harmony and good understanding between ~ the two contracting parties, it is agreed that their respective subjects shall not be disturbed or molest- ed, either in navigating or carrying on their ^sherie» in the Pacific ocean, or in the South seas, or in landing on the coasts of those seas in places not al- ready occupied, for the purpose of carrying on their coninierce with the natives of the country, or of tiiuking bettlciiients there; the whole subject, never- thelcsp, to the restriciioiti* specified in the three fol- lowing articles." The 5th artitle provides that "as well in the places which are to be restored to the British sub- jects by virtue of the first article, as in all other parts of the northwestern coasts of America, or of the islands adjacent, situate to the ptfrth of the parts of the said coostulready occupied by Spain, wherever the subjects of either of the two powers shall have made settlements since the month of April, 1789', or shall hereafter make any, the sttbjects of the- othershall have free access, and shall carry on their trade without any disturbance or molestatitm." The 6th article relates to the coast of Soutit Ametica; but it has an importance in containing a definition of the erections which nmy lie made^ con- fining them to such as may scrtte the ptirposes of tishing; and the provisions of the third artRte are expressly declared to be subject to the restrietiona in "the three following article8,"one of wfaitAisthefitk- I now proceed to state certain beta in respect m. wat, however,, Ide under Portu> Iconcluiivelr that treat Britain on land hi* temponf TUiweat America Jireetif connected land waa employ* Jiiah aerviee. ■two ve«Mli, the |n(( under British V (eized by Mai^ Into the deiaila of esty that it led Icon the govern- ] in reapeet to their tm coa8t ofAmer- itened to produce |i, but wliich waa by (he treaty of convention, aa it ^ith us. Before the itli veesela were fiiiih authorities in- ion eonetitutea hn of Great Britain, it I of its provision* r title (o the quaU h she asaerls over , and to consider rcumiitances, under rticlea which relate discusnion, are the the "(he building* northwest coast of , or on the island* lich the subjects of osscssed About the ttsli officer, shall be ctt." •I order to strengthen )re««rve in future a ei-stunding between - I agreed that their Jieturbed or inoleat- ng on their ^sherie* ; Sjnuth seas, or in los in places not al- nf carrying on their the country, or of hole subject, never- ed in the three fol- nt "as well in the to the B;itish sub- le, as in idl other of America, or of jiorth of the parts by Spain, wherever powers shall have ith of April, ns&f. the Sttbieets ef the shall carry on their ' molestation." be coast of Sostit nee in containing a may l>e made, con- *B the purposes of M tititi arttele are (he restrietiona in ! of which i» the 6Ui. tin (hcta in respect l>yiUuH»«Bii 40 this convention, aifd to draw from them eon- •elusions at which 1 havearrived with some diffidence. The facta I Hhall endeavor to present with a rigid regard to ncnurnry. If my conclusions are errone- ous, the better juaement of the Senate will correct themi and I shall have the consolation of reflecting that my error < — if they phnll prove such— have Irtl to the discovery of truth, which I am sure is the great object of every RPnator on this floor. I'he first artii'^Ie was |>ractically inoperative, from ■ total misapprehension of the facts which it snp- posed. There ia no evidence that subjects of his Britannic majtstv had been dispossesred of build- ings or tracts of fands in April, 1789, or at any other -time, by a SpRninh officer. In the message of the British king to Parliament, and in the earnest die* -eusaions between the two countries in respect to the aetznre of the British ahips, no mention is made of auch dispoHsessJon. When Vancouver wos sent out, in 1799, to receive possession of the buildint;si ■Ac, to be restorrd, none could bo found excepting those erected by the Spaniards, No buildinj; occu- pied by Britiah subjects remained at Nootka in 1789, when Martinez arrived there; and it was denied by the Iwdians that any tracts of land had been ceded to British subjecu. In feet, there wore >no traces of the occupancy which the article sup- posed. The oi'ly pretence of a cession of territory •of wliich there was any evidence, was the right ao- fuired by Menrcs, while acting in the name of a 'ortugueae citizen, and sailing under the flng of Bortugal, to occupy temporarily a very smajl lot, which he himself admits he had agreed to restore when he should leave the coast. After a long controversy on the subject between Vancouver and Q.undra, the Spanish commander ot Nootks, the former departed without receiving nny restitution of buildings or lands, and the subject was referred to their respective governments. In 1796, Capt, Oroughton arrived ut Nootka, and found the place unoccupied. (See his Voyase of Dis- covery to the north Pacific Ocean, page 50.) lie no where etutcs that he was sent out with instruc- tions to adjust the difficulty. But he says he was informed i>y letters left with Maquinna, the Indian king, that "the Spaniards had delivered up the nort of Nootka, iua. to Lieutenant Pirrce, of the '.narine», agreeably to the mode of restitution set- tled betv/een the two courts." But there is no f>roof of such restitution. The only authority re- ied on to show such a restitution, is one recently Srodaced by the London Time«. I allude to Do lOcIi, vol, 4, page 136. He says : ■Tha execution of the connr.tlon or the 36tb October, ITM" [the Nuotka conrentinn] 'experiencud «ome dilflcul- tiei which dfilayeil it till 179i>'. They were torminati-d the SM of. March of that year, on the spot itself, by tlio Span- iay of Nootka; sftsr which the !l[u>ni«h fort wai deitroyvd, tha Spaniard* cm- ■barked, ani* 'v Kigliih flag wu> planted there in sign of pamcMlon '' De Koch hm the reputation of being accurate. But there is cei :iinly one error in his statement. There was no such name aa Poora in the British registers of that year. He doubtless meant Pierce. In opposition to tliis testimony of a foreign writer, we hava the assertion, iwiee repsaud, of ihi Britiih historian, Uelshnm, that the Sixuninh Dug at Nnotka WAS never struck -..d that (he place whs virtually relinquished bv G.eat Britain f if any ros* litution waa ever tnadc, the eviiienre must Imi in the pusneaaion of Orent Britain. Signor duailra in 1792 oflered to viva Voncouver pnsicasion, reserv- ing the rights of sovereignty which Spain |>oiseMed. There may have been a restitution with such reaer- vn'ion; but, iftlinfc is any evidence ofn restitution, why has it not been produced by the British nego- tiators, or ot lenil referred (o^ Where are the uo- larntionH mentinned by De Koch as having bMn exchangfdf Why has the evidence never been pro- duced? Proliably because, if there is any auoh evidant.e, it must prove u conditional and not an absolute Kurrender — such a surrender as she Im unwilling to ahow — a surrender reserving to Spsin her rights of sovereignly. If there was u rcstita- tinn, and she p'>8sesfi03 the evidence of it, she prob- ubly secretes it, as she Kecrrted the map of the northeastern territory with the red line, because it would have been a wi(nesa against her. When Vancouver went out in 1793, he carried an order from the S|>ani»h government to the commander at the Port of Saint Lawrence (Nootka) to restore the buildings and districtn or parcels of land which were "occupied" by the sulijecu of Great Bnlainnt Nootka and Port Cox, and of "which the English subjecta were dispossessed,*' Quadra refused to ftxucute it. No occupation — no dispossession waa iiroved. The treaty did not name Nootka or Port Cnx. duadra considered, doubtless, the occupation Slid dispossession as facin to be shown. The oxe- cutionofthe treaty, though absolute in its term*, depended on a contingency assumed to have hap- pened — a contingency to t>e shown. In the abaeneft ofanyauch proof, we have n right to insist on th* evidence of .i restitution, full, Curmol, unconditional, absolute. Uroughton, in 1796, says the restitution was made agreeably to the mode "settled between the two courts." 1 his was a mode settled onthft reference of the subject to the two governments after the refusal of cliiadrn to surrender Nootka, Vancouver, in hia journal, vol.6, page 118, says, that on the 13th September, 1794, Senor Alava toht him at Monterey that the matter had been adjusted by their respective courts "neor/j on the terms'* Swhich he (Vancouver) had repeatedly offered to duadra Even this statement, coming from Van- couver, ahons that there was a new agreement be- tween tlii^ courts. What was the agreement? We have a right to coll for its production. Such was the practical execution of the first artiel* of the Nootka Sound convention. One fact is undeni- *a«e HtKtoire Abrcgec del Tnilei de Paix. tic par M. de Koch. coHtiniie. tec. par ('. Sclioelli vol. iv. p. J-X. "L'executlon de la convention du 98 Octobre, 1790. eproavii, aii re((e, den diflicnKcr ifii la retarderent juaqa'un I'M. Rile* forest termineei le iS Man de cede nnnee, cur ilea lienx memea, Uiir In Brigadier Efpagnol Alara, et le Lieuti^oant An^lola Poiira, qni echtDgcrent dea deelara- -tioiu dana te golfe de Nnotka meme; sprei que hifort Ea- pagtMfitt rau.lti Rtftenab 3'tmiirjummt, €tUp»nllttH ^Sngl*U y futpUute m tigtuc .U fUtttMian," 4li>[rtilinA fit i> certain, neverthelcaa, from the most antheiitio lab- gcnnt-nt information, that the Spatiiah Rag fl ving at the fort nnil neltlement of Nootka wan nerer itnick, and (hnt the K'liotc territOQ' hail lievu virtually relinquished by Oi*st Britain— a aieaiiire. however politi^nlly expodient, nhick involve* in it a severe reflection upon (he minlder who could permit ao innJdionii an encroarhment u)>on the an- cient unl ocknowli-tlxi'd right* of (ha crown of Sfisin."-;- Uetiham's. Hintory of Ureal Uritnio, vol. S, page 3ST-'M. "But tiinngh Kngla.id, at tnc expense of ibrvc mlllient, extorted from the Bpanlards a promise of restoration and reparation, it is well ascorf, that the avttlrment in qneition never waa restored by Spain, nor the Spanish Hag at Noolka I'von struck, and, teconrf/y, that no settls- nient BS'i-ven t'efii suhcerjucnilv atlemiited by Knglahd OB the Cali'orniHn co.nt. The ci.i;ih of right eel up by the roiirt of London, it ix therefore plain, lias l<<:en virlnallir ntian'taneil, iiotuitlistanding thx menacing tone in wblea itiu uegotiiiticn whs condiiolerl by the British sdmlnistrs- tinn, who eannot escape some censnre for rncouraglnr those v«xaUou4 ntinroschments on the territorial rights w Snain."— Bel'hnm'a History of (iroat Britain, vol.8, Appen- dix, page 40-'41. .artf,^ngsjfea^^ - ^-. - ..--.^.i. J h ■■ Mil I ■! II I mnwipiw^w . ,U-_Jl-.!l!JilJllE|P^P|TJ •bl«. Great BriiMn n«*eroecupie li. in Septem- l>er, 1793, were ofli^red by Spain tn i)e ceded to Great Britain." This was the site of tlie hut oocu-- pied by Meorca, and the Spanish coimnander re> fused to make a formal and absolute aurrcoder !• Great Britain of any other land. Thua it ia established by proof not lobe impeached^ that the Spaniarda were in the occuiMtinn of a poat at- Nooika aound in 1790, when thaconvmiion waa ne- gotiated and concluded; and I aul{;mit, therefore, whether Ihia moat not be regarded aa (he sonlhem limit of the region, within which the right of form* ing aettlemenia, reeogniaed or conceded by the eon»< ventior, waa to be exercised Thin point ira»<. piad by Spain at tha time the treaty waa made, •'"""ou'ly ••»* peraeveringly insi^ted on The important queMion ariaes, what waa the most "—''■- =" *■'- -'— ■■"■ " northern point decupled by Spain in 179W Thia beeamk a matter of diao^ement between the Span- ish and British authoritiea at a very early day afler the Nooika Sound convention waa formed. Van- -eooTer chimed not only the whole of Nootka aound, but alao Pott Cox, aonih of it; and he insiated, to uae hia own phraseology, that "the northernmost rt on the Paeifie coaat of America, oeeupied by Spanhrda previous to the month of May, 1789. waa the Presidio of San Francisco, in latitude 37° 48*." No#, it will b« observed that an attempt was made to gtvij to the Nootka Sound convention a con- ■truetioiiwiiblly unwarranted by ita terms. Vancou- w endekvored lo fix the month of April, 1789, as the time whan the question of the most northern occu- pation of Spain waa to be aottled. The language of the conventian, in respect to the right of forming •attiemenia, la "north of the parts of the said coast already occupied by Spain," fixing the time, accord- ing to every just rule of construction, at the date of tke treaty, the 28th of October, 1790. Thia con- Btruotionis strengthened by, the fact thut a subse- quent arUcle concedes the right of forming tempom- ry estabiithmenU on the coast of South Ameriw, ■outh of parte "already occupied" by Spain, and re- nmng indisputably to the date of the treaty. The words "already occupied" are the same in both ar Uclcs, and they must ^ considered as referring to the Mune period of time. . ■ The question, then, recurs, what was the most northerly point occnpiud by Spain in October, 1790, •t the ooneluaion of the treaty^ Martinez, aa has been aeen, took posseeaion of Nootka aound on the the 6lh of May, 1789; and im- mediatel]^ landed materials and cannon for l.uilding and WOUm; a fort on a «mall island, at the en- tsance 0f Fhendly Cove. In November he re- turned to 8t Blaa, and in the spring of 1790, Capt Klisa took hia place. A permanent establish- pent waa forme^ veMels were sent out on exploring «[pediUons; and during tke negotiations between Yaneouver and Ctuadm in 1792, the Spaniards Wsreirpoaaeaaion of houses and eultivated lands Vaneouveragam found them in possession in 1793, wder Senor Fidatgo, and in 1794, under Senor Baavadra, and the poat waa maintained without in- terrupmw until lT95.t By turning to page 336, ^aacouveratrtved st Nootka loaBd on the MlhMsv. W^, and Auad tits Bpaauxdi ia poNcufaw. Ha says: I hjr , and Uuadia in hia negotiation with Vnncouver, with obvious justice. To use Vancouvci 'a ow» language, page 349, 9d volume of Ma Journal, Cluadra olMerved that "Nootka ought to be tha- laat or moal northwardly Spanish S'-ttlentent; that there the dividing line should be fixed, ^nd that from thence to the northward should b<- free for an-' trance, use, and t^ommerce to both partiee, conform^- ably with the fifth ortiele uf tha convention; that eo- tabliahmei)te ahould not be farmed withunt peniiision ' of the respective courte,and ihal the English should not pass to tha south of Fuca " Such was Qua- dra's construction nf the treaty, and he uniformly t9*- fu»«d to mnke any formal surrender of territory «r '^' buildings, excepting the small cove referrea t«K>" Nootka sound is midway between the 49th an# 50th parallels of latitude; and south of this point, if duadra's pomiion waa well taken, Great Britaia could claim no right by virtue of tlie convention,, if it were still in force. That Great Britain would hnvo hnd the ri^ht, un- der the convention, atany time duritis^itscontindbnc^,. to form a temporary establishment on ony part of tha northwest coast, north of the Spanixh post at Noot- ka, will not be disputed; though it wouM have beei^siibject to the right of free arccss and trade re- served to the subjects of ^Spain. But she neglected to nsMrt her right. She formed no settlementaia y ' pursuance of the^onvention; and, in 1796, Spain, ' * by declaring war against her, put An rnd to the trea- ty, agreeably to the acknowledged pi inciple of inter- national law, that the permanence of treaty stipu- lations can only be secured by express agreainent, and that without such tin agreement they eea«e to Aa offloer »■•• immediattiljr deipitohed nn •hert io ilo- quaint S«Dor Fidalgo of our arrival, and t|ml I wend •alul« the fort if he would intke an eqasl return: Ibi* »ts ' accordingly done with eleven guns."— Vaneonvar'* Jan» Bsl, to), i. psge 439. VanconTerarrivedatNootksaoundnnthe sth of Octo- ber, 1793, and, to oie his own wotdi, "the inusI oeMmonifS ' of Mlutei, and other formalitiei having paaied, seeom|)ani«d^ bv Mr. Pogat, I waited on 8enor Stavadra, tbe coamaadar of the poit."— Vol. 4, page 360. Vaneourer arrived at Nootka aoond on the Sd September, 17B4, and found Brigadier Oaneral AIbts Id oommand. Ha left without reauming the negotiatlcu which he had east* mencsd with (tusdra, in ITOT. On thu lAh Notembsr. WUj. he was laromad hj Oeneral AUvn, al MonterfV, "WheN - they met, that inalmetioas bad been aeirt to ai^uat tlui maK tar in^aa amioabls way, and nsarlv on the teraw, wkieit. - he (Vahooover) had repeatedly offered tp 8enor<)aadnk Is, Septeiaber, ITn. Btit of thia, aa baa been teen.Uiare is fu> aatlalaetery evidence. Bee 6lhv«lnme, psge Ss. J. ij:;,:*--— -. V^£ih^^s^s3rkf }'li(AShitiiS'\-i- view ofihr I, on Nootka fRken on ih» ^piamb«r or i buildinitt, liid. It slto iJi and build- (0 it itaiing in Scptem- lie ceded to le hut oocu— liinander n» jiurrcoder M impeached^ m nfa pod ae. lion was ne> it, thertfore, lie fonthern iehtorform- oy the con- point was Kted on b^ neottver, ami ioiiTcs'a ow» Hf» Jouma], It to be iha- ttlement; that Kfld, ^nd that r free for «n- lie■,conro^ll>' iiion; Ihatea- »nt pemiition >ni;liih tbonid :h waa Cloa> uniformly r««- >f ierritorr«r u referrea to. (he 40th an* \ of thia point, , Great Brilaia 10 coHTention,. I lie ri^ht, un- tscontinU&nc^i. inypartoftha po^tt at Noot- would havo 1 and trade ro- she iieg;lected srttlenentain * 1796, Spain, nd 16 the trea- icipte of inters treaty itipu- m agreement, they eeaaeto in ihort to iw- i t|nl I wood return) Ihif v«a kiieon««r'f Joa» r^ Sth af Octo- ■udeamaonicc Nl.teeoaipaniad' ibe coamaadw » M September, aommud. Ha i he had e«a« >'0T(ml>«r, 1T»4^ •nierjy, -whera - «4Juit the mat^ twaw, wUeh enoT.Claadra ia, >eB, there it so 1 bebindinifon tha oeettrranca of hoitilitieabatwem the conlraetinc partiea, nnleaa there ie anmething ia the nature of the quealione aeiUed wtiieh ia, of neceaaity, permanent end |nal. Having failed, then, to make any aeltlement on the eoaat from I7IIU to 1796, all rii;ht« conceded by the rnnvention ceaicd with the declaration of war, by which it wni terminated. Prom that lime forth, Oreal Britain atood in preciaely the lame relation to Spain aa thouch the convention had never bern formed; and in order to eetablith any claim ahe may advance to territorial righta nnthe north weatcoaat, *he must re- tort to thoae general nilea founded upon diaeovery and occupation which were briefly adverted to at the commeneement of my rent^rka, I will not diaeuea the i|uaalion whether the trea'.y of the Baeuriol waa revived by the treaty of Maa- rid, in 1814. I conaider it put at reat by the able arrumentoftheAmeriean negotiator. Mr. Buchanan. LiCt ma now revert to the prMreae of diaeovery and exptoration, which I waa briefly eketehine, and which waa interrupted by the evemaof the Nootka Sound eontroveray. In 1789, the American aloop Waahinfton, com- manded by Capt. Gray, who afterwarda diacnverrd the Columbia, river, entered antf aailed flfty mile* in the itrait of Jaah de Fuea. Mearee, in nia narra- tive, deacribea a voyage by tha Waahington entirely through the atmit to tht north of the ielanda of Quadra and Vancouver, nnd thence into the Pacific. If aueh a voyage waa ever made, it muat huve been undar Capt. Kendrick, who waa, at another period, in the command of that veaeel-, for Grny, when he met Vancouver in' 1799, oaid it waa not made by him. But, b« Uiia -aa it may, it ia certain that the Waahington waa the ftrat veaael which pene tiated Ibe atrait beyond ita mouth afier its die eovery by De Puca. A aubeequerit examina' tion wee mad«- in 1790; aa high aa 50°, by or- der of the Spanieh commander at Nooikneound; ao that ita ahorea were well kAown in their gpneral nut linea before the examinationa made by, Vancouver two yeara afterward*. In 1792, Vancouver arrived on the northwest coaat, with inatructiona to examine and aurvey the whole ahore of the Pacific from the 35th to the 60ih parallelof latitude, and particularly to examine "the auppoaed etrait of Juan de Fuca," "thfniigh which the aloop Waehin'gton ia reported to hava paaaed in 1789, and to have come out again to the norihward of Nootka." He paoaed the mouth of the Colum- bia river, which he conatdercd iia an opening unde- aerving of "more attention." and cnme to the con- duoion that, between the 40th and 48th tjarallela dp latitude, the ri -ra which had been deacribed "were reduced" (I uae hia own .worda) "to brookfi inauf-, fleient for o«r veaaela to navigate, or to baya inap' pliaal^ oa harbora, for refitting." On the il9th of Aprilj^he mat Ca|^. Gray, in the ahip Columbia, fromBoaton, and was informed by him that he had "been off the mouth of a river in the latitude of 46° 19*, where the outset or reflux waa ao great aa ta prevent hia entering for nine daya." ■ And Vancou- ver adda: •'Thiawaa probably the opening paaoed by ut on the forenoon of the 27th, and was appa* rently inaeeeooibk, not from the current, but from the breaker* that extended aeroaa it."— Vol. ), poge 43. Nolwithatanding thia communication by Gray, Vancouver, relying on hia own examinationa, aull remained of tha opipion (and he. ao recorda it) that, "if any inlet or river ahould be found, it .muat be a very intrietfi* one, and inaeeeaaible to vcOhIs of our burden, owing to tha reeft, broken water," &c.; and he eoaeliidea that h« waa "t||Oroughly con- vinced" that ha coaki "not pooaibly^hava paoaad any tafe, navigable opening, harhor, or ojace of ae* curiiy for shipping on thia coaa), from Cape Men- dociho lo the promontory of Claas«l,"«tha ' enlrdno* of the atrait of Fuca.— Vol. 9, pngta 58 and 59- Only eight daya after parting with Vancouver, Gray discoiipred Bulffnch's harbor, < bdtween the mouth of the Columbia and the strait of Faoa, and • remained three days in it. On the llth May; 1799, the day afWr he left Bulflnch'a harbor, ha saw, to uoe hia own worda, "tha entranci' of oiir d«*ir«d port," and in a few houra wita anchored in, "a iarga river of fr ;ih water," as he ierma it, to which ha |^f* . the name of the Columbia. Herei.jincd intll«l'iver nine days, and aailed, aa he alatea, more'lkan lagtnl]* milea up the channel from tha bar at ita entniMqi>^ .v Thua waa verified the . conjecture of Heoeta, ^^li^i' '*'*' ' seventeen years before, saw an openion in*4h^WiMt, which on the Spanish mapa waaailMlli* invar St. Roe. Mearea and Vaneouv«t- liad osiertedj in iho most positive manner, their oonvieiion that wtt such river existed; yet when the (ket-waa elearlw-4k' certained,by Captain Gray, who bad fi*m«o{nMH>f hia chart* to -Quadra, the Spaniah'oiMtmaadar at ' Nootka, Vancouver having jirocurad topic* from the latter, sent Liejilenant Broui^iov lo eyanrina the river, nnd take formal poaaeaaionof it* Bpu|tb> ton not only performed both theae sarvicoa, bHl, far the purpose of earning for himself tha- reputation iH* ' ' a discoverer, he labored, in hia aoeoiint or his ekp^' dition, to rob Csfttaln Gray of thentoritDfdiaoaanp>> ingthe river, by the nnworthy devise of.d rawing it distinction betwt^n the bay in whiah ii deboucMa and the upper part of .the atream. PubNe opiaiaik has reiected tnia unmanly attempt! and Captahi< Gray la admitted by all fhir-minded nen to nonra been the firai parson who entered the river and Bol,Vf4 > ' the doub^ which had long prevailed with regard lO^i ita existence, while Vancouver, twelve flaya.be^re ^ the discovery, had not hesitated io'deny, op tha strength of his own peraonal examination, moda- "under the moat favorable circumstances of'wind and weather," to uae his own language, that no «uch great river existed- This attimptr, in a great degree, from -all OBriici- polioif in the adium of this act. The'fccouitt of tha . examination of the Columbia by Brougktpn, con- laihedin Vancouver'a journal, though' in tha kii- . guogeof the latter, is, in ihct, a r^portnmaile.by Broughton, the commander of the pahy,' aa-may >- be seen by reference ,,io the j<|iirnal,' rtAtm^''- ' 3, page 85. Vancouver.iijttftre than onpe reeognisai ■ Gray diaiincily as thedppreror of the ^luaabiai ■ • At page .388, volama i), bj|,aspTeasea4he bop4.|liA - he may be able, in hik vodie t» the sonthwtui^, A'(o< re-examine the coast of fiev Jtibi^i.*ni}ffihti- ' larly a river and a harbor distioveia^ H)^ M'- ^%V in the Columbia, between th» 4Ah miiOm Am H m ' of north latitote, of whkh Seilor4kiit4f)l MV^il**^* ' vored me with a aketch." Atpage J^arrii^iR^ ume, he saya he directed that '*hSiA ^iiStimf,M- king one of the Diaeov«ry*s boats, ahonldpr aw c rt l. the Doidalua to examirie Gray's bai1)«r, SBld>4d' be-^ - situaled-in latitude 46° f$, whilst theChathtknt and Discorery explored the river Mr. O^igr'liMrilideor- - ered in.the'latitude'of4fiOlO'." . '*'■.■■ Tb4 exploration* of Vancouver, uoagb tbey re- , soiled in a minute and criiieai.exailainaiioaof the ahor^l of 'M strait of F^cs; lad te the ^isepver^' = ofnr 'erritory; and it ia 4 siiurabif^ /bet, tbst ' while ui» nnvsl oficer of Great Britain, biiasalf ~ isSitam^jiXY.x.^^^.^ v n w ■ ii-riliAii JSi.tF.Li,^^r«iAhH,iiriii>f-i^rfi.i»;;,.aa;wi..i.^^ 8 i •n aocompliah«d lUTiftlor, (Urniihod with all ih* mWM or •wktaf •ei«niiBo inveitif«tiona, wm parauing IIm •XkmiiMktioni, which warr Ihti gmtt purpoMof hb •spadition, C«pUin Qny, in a MmI- ing vMMtl, and iaih* proMcution afffommerRial ob • J' Jeeti alona, diacovtred the only two ininurtnnt npm Ingi, tha Cotambia river ani. ilulfinch'ii 1inrlHir,nn ili« nonliwtai eoaal, from tha 40th to the 48il| parallel .of ladluda, whara Vnnrnuver, after the moat criiieal •urvay, had diacovf rod none, Ilia indeed an exiraordinarjr cirr.iiin*tanefl that Ihaoxialanca of all the great inlete in the noatt, to Ice, and had deporiod from it aa from a regul«r ela- tion en a voyage oroxploniioii lo the eiraiu of Puca. Out there are moreimperuaterrofatobeeorraeud. While VanemiTir wao aorveying the ai««ii of Puca,and tha ekteneivo inland walara eonnaelad wiih it Uiillano and Valdw, two Spaniah oflloere, aentoultVom Nnoika aouM, were engaged in Iba •ame aervice. The two parliaa mel on the 9M of June, alioui tha middle of tha alrait, near Point lirey , ahova Frairr'a ri«cr, and proceeded together nortncrly, uniting their labor*, and aurveyingita ■hnrea to a point near the extremity of the ieland of whian Oreat Britain now laya claim on the grouml Quadni and VaneouTcr, bflween the SOtb and the ofdiaco*ary,'woBatreniiouely denied by the nnvi> I Sl«( dn^rere of north latitude, where they eeparated. Jatora in her pwMIc eervice, until thoaa inirt* were And lierel deetre to call theapecial attention of tha iaeoverodananMMle known by oihera. We have aeari whk^ Vancouver mid in relotion to the euaat . between the 40(h and 48ih parallrU of latitude. On the sad of March, 1778, C«ptr>i Cook wna in l«ti- tuda 48P IC inapccting the coaat. The proinr>nt ory of CUaaet, (or Cape ^lattrry na lie denoniiiiuied it,) the ■ot^thenieape at the enirnnce of the Mrait of Juan de . Fuea, waa in full view, end but a few mil<>a diatant. Hear wha the aaya in rtlation lo ih« itraii: "It ii In thievery latUuil* whtirx we now wrrp thntRcoR rephere hive aleciid tlii) prelindri •trail of .liinn de Kii':ii Rut w* Mw uothiBf like ir,> nor iilhorr Ibii Iratt j)rohi that enjr (uoh thine evnr rxlitmJ."— t'ook'i Tbiril we MwuothiBf Ilk* il',- nor iilhorr Ibn Iratt j)rohftl>illt)r that enjr (uoh thine mttit rxlitmJ."— t'ook'i Tbiril Vo}i- afft( volume 9, r*|{«3(!3. Now, however. Great Britain claime the who' Bindtand the adjoinin;; rountty hy Vonrouver e diacoTeiy, though he himicif admitii (nit we ehall oee) that the Spjnianli had aurvcycd ' and mapped Ml * ■ " ■ ■ ■ coaat. a portion of it before ho arrived oi? the norUiweei In the letter of the Britiih plenipotentiary, Mr. Pa)uiihair,of the SDth July loet, the followiiif; paa- ■aga will be found at page (^i, documenta aceoinpa- Senatetn iha Journal of Vancouver, whn aialea thai Seflnr Qaliano, who apoke a little Rnclieh, ' in- formed him "that they bed arrived at Nootka on the 1 1th of April, from whence they had aailed on ihe 6ih of thia month, (June,) "in orde/ to complets the examination of thia inlet, which had, in the pre- cr.iling year, bean partly aurverad by aome Spaniah offiiwre, whoaa chart they proouced." Obaerve, air, the inlri (i e. the atrait of Kuea,) about latitude SOP, partly eiirveyed and : i apped a year before Vancouver camn on the coaat. Vancouver then continuea, (page 310, vol. S.t) "loennottvalil eekitowUilging thet, nn llili oecealen, I .hou( nn lilaadi cnnlinulBK nearlv In Ihe •am* direc- tion fttioul Tour Ixaf '«• further then had bacn •aan by ae auil \>y Ihe E|iaDlunlii named Kavide, [Kavada.]" By turninc liack to page 904, vol. 9, it will appear that Vanenuver'e examination terminated at SO* 6', north latitude; BO that the Spaniards, before hiu nying the Preaident'e meiar.age : .' arrivul, by hie own acknowledgmeni, had exarain* . "Id ITm, yeneouvitr, who hnil h<-en wnl from England tu , ed llio et^ait of Pui-a lo a point north of thM paral- )l!,''""•^\!'■.f''"''?^'M''.'i''""''''" "l^""'!"''' *."*?''''"':"'• l*'; and by turning to najte 949, vol. 9, it will be I>atta(« nerthwardi into iha raolllr, hy which lie reinined i """ , ""w.-jVI" I'll^u J, J1'i«..7,i tS^Z. li^Z^iZ^ll'^f toNfHiKk,haTlovthu< clrcumimTigatcdiha Hand «hlrh J"**' «"">"'''"? ""rth'areeiward from the atralte of now bean hU naaie.. And hrro we harc.affnr a» fHlstva to I ' tuca, beyond Nootka, to the latitude ai 90^3', Veneouver'a island, at complrie n raip of (1iitrov«ry.ux|ilo- ' Imijiiiude 239^ 48." TSii?.'^ ."'i"*"*"' "'"" wt'I«'op."»n'ert, Riving to : What, then, become* of thia complete '«ca*e of UrBat Britain, in any arrnngrniont tlul mtv lie m»: e with I .• „„„^.' „„-i' „,;„- ._j ..,ii.«,._r n :. _.,v...< resanilo the terriiory in dilute, th. Mr«n.«.t pciblo il'^^L^^^V' ""P'"'""""' and aetllemen^t," in reapoct . claim lothlexeluilTepaitRisiun of lh«ishinAniaril8 had purtioliy aurveyed and mapped the hot to have aufliciently invostigntcd, Mr. Buchnnan [ i in Cireat Britain; but, aa ahown by Vancouver him- «a. He ente^d tho Rtroits on the S9'h of April, the aelf, it was in Spain then, and ia in ua now. evening of the day he met Capt. Gray, and pra-; But, air, I halrc a word to say in relation lo the ceeded immediately to survey thim, ua tniv be seen whole subject of Vancouver's exploration, by his journal, vol. 9, pages 40 and 59. He arrived '• 1 1 woulil seem that the Spaniards, in the automn at Nootka, for the first limo, on the 28th of August, of 1793, had become diatruatful of Vancouverli ob« fi»ur mtintha afterwarda — pujc 334 aamo volume, jectainihe survey of the northwest coast. At the Thia correction is Only important M repelling ^he bay of St. Franciaco, althoiigh he had everywhere inference which might have l>em drawn from tKe> before been treated witii a civility by the Spaniarda, fact, if it had been as stated by Mr. Pakenham, that for which hia journal abounda in expreaaiona of Vancouver had been proviousiyeatablisbcd aiNoot- gratitude, he waa subjected to restrictiona which ha ,<♦. ^^i. .i&'4.jsSs .1 rt'i ■imri'^'f^^'ii^^'^ m • itf uiitr aU- t •tniia of Puoa. tob«eomewd. inf iha utnit of ■tan eoiMi«et«4 jSpanMh ofliMn, angagtd in the «t on ih« 9M of ilrkit, nMr Point '•d lo^athtr id aunrayincita of tha ialand of la 50ih and tha thay aeparatcd. •tianiion of tha var, who aialca iula Rncliah.'in- ed at Nootka on ay had aailad on orda/ to complala had, in the pra- byaome Spaniah d." Obaanra, air, ihoul laiitada SfP, bafnra Vancouver ' than continuea, t, nn Dill oertaloR, I uatlon la flndini Iks I Tlttted, awl (IraiJj ny r«teiirohii« duriny br Iin4 I hid be*a la t\j In the fiiin* dtrac- I halt lioen nan by aa •vcdt.J" ol. 9, it will appoar lermiriatad at 80* aniard*, bafora hiu lani, had exainin* . orth of thr>t paral* ), vol. 9, it will be r Galiano, the latter ia aurvay and other it of the aeai which t the neighborini; I from the airaita of ■ latitude at 50" 3', • eom plate "cale of ilement," in reapoct . id, and tlie airait of rer hiinaelf thatathe 'ed and mapped the {P a year before he I turn lohiajonrnal, n that Galiano and le let of September, lUte through Clueen >rtharn point of the which we had naTi< ng ita ahorea More at poiaible claim to ialand," to uae Mr. refore, aa he aaaerta, by Vancoover him- in ua now. y in ralation to the iploration. arda, in the automn uf Vancouverll ob- weat coaat. At the iie had everywhere y by the Spaniarda, I in expreaaiona of wtrictiona which he - ■»>»■ 'unaxpoetad, ungraeioua. and drmd- On hia arritml al Monlorey on tM IM orffo- .<» if danomliNrtaa iH mmbar tha 8| . niah oommamiar, Arrittam, daclinod holdiaf an^ varlwl eomaiunieallon with him, bat addraaaid to him quaaiiona in writinf m to the ol»- Jaeta of hia voyan, to which Vanoouver promptly replied, (page 309, vol. 4,) "TkatllM verrctla wbleh w«w«r«rn|ta*d waifortba faiMfai NM iiul bfoall of maaklad, ■odihat nndarlhan Irounulancr.a. «n ought nUbar to b* roiuldtr»d ■• labor- iaf for tbo good of Ibo world In grMnl, than for Iho od- vaatoya al any piHIcuUr Mf «r«igii, and that tbo court of ■nal4 woBid bo moro oarly informad, and oa muoh banoM- •d by my Uhon ai Iha klagdon of (irval Britain." Hare ia ihe eonfaaaion of Vanrouver himaelf, that there waa no intention of interfering with tha territo- rial rigbia of S|iain, and that no ■[•ecial advantagea ware aought for by Great Britain. It ia tha higheat '•vidaoce, the evidence of colampormnaoua expoaition, againat the claiina of the Driiieh plenipotentiary ; and udamoliahea the whole fabric ofiheBritiah utle,ao flur aa it ia built on Vancouver's explorationa. While on ihi- |)art of the aubjeei, I deaire alao to call the attaniii .. of tha Senate to the manner in which the Orcfcun queation has been diacuiaed in the Britiah Parliament by aome of tha moat diatin- guiahed membera of both branehea of that body. I wiah to do 10 for the purpoae of correcting great in« accaraciea, and alao for the purpoae of showing how imperfectly the aubjecl appeaia to be under- aiood by tlioae who, (Irom their elevaied positiona, «ra under the atrongtat moral obligationa to posaaaa thetnselvaa of the truth, in order that the public mind o.' Great Britain may not be mialed and ' flamed on their high authority. ,^n the House or Lords, on the 4th of April laat, immediately aAer the reception af the President'a inaugaral a^teeoh, the aubject woe brought forward )/ t£a Earl of Clarendon, not in the uaual form of '< cill on her Majcaty'a mi()isters for information, but In puraunnce of a notice vhich he had gif en on the preceding day of hia deaign to iiurite the attention , of the Houee to the queation. In the course of his remarks, he undertook to eive a aketch of the claima of Great Oriioin and Ihe United Suted to the terri- tory qf Oregon. I shall, in reaped to the former, quote hia own words from the London Timea, a aource tr which we may confidently look for an . accurate re- {>ort ofhis lordship's remarks. I shall confinemyaelf atrictly to the question of title in all I have lo say in reference to lhe$e debalea, avoiding carefully all al-' luaion to the oflVuiaive langu<\ge with which they ' were in some inatanc^a connecied: "In the llrsl pl«c«, my lordi, If priority of dlMOvery could «on. I Ir aailed along the coaat north of this parallel, according to the beat authoritiea only aa hi|h aa 43". Nor can hia viait, in any juat aenae, be regarded aa a diaco- vary. Thecountry including the bay of St. Franeiaeo, whOT* h* landed, waspreviously known. Ithadbeen aeen thirty years before as high oa the 49d parallel by Ferrelo, who was aent out by ihe viceroy or Mexi- co, fbr the express purpvae of exploriiijg and ex- lending the dominion of^ Spain over it; and it waa taken poaaeaaion of at or near Ihe very point wher* Drake landed, and at various uihan, long before the government of Great Urilnin claimed any right of poaaesaion. growing out of this pretended dis".ovcry, ar . visits ofhernavi^lora to the northwest coast. Be^ii' , Drake's expedition waa in the nature of a piraa .> entcrpriae, aiM not nn enterprise of le- giiVat warfare. England and Spoin were at pen^o. It ia tru*, tha two aoveretcns, Elisabeth and Ph > o, were wi\aiei in secrtc pints againat jaeh other— the lurmer by fomenting distmljancca in the liOa Countries, and the latter by aetting Oil foivt i-ebellions in Ireland; but it waa aeweral ye ,r» later before theae intrigues broke out into tiie open hoatiiity, of which the chief incident waa the luatructlon of the invincible Armoda. (Sir, the contradiction of terma ia tha work of hiatory, not mine.) ^ct Elisabeth, ahur Drake's .return to Englond, on the application of the Spanish arabu- sador complaining ol iiii piracea, restored a por- tion of the buoty he had token, and by thia resti- tution admitted the unlawfalneaa of his expedition. It ia only neceasarv to look into Hume to aee in what light it has always lieen viewed by 'he eye of legitimate history. Sir, it ahould need aome wld- ness, on* would think, to act up a claim even to "priority of discovery" on the basia of a transac- tion like ''.his! 9. Lcitl Clarendon state* that the country adja- cent to the Columbia river, waa taken poaaeaaion of in 1793 by Captain Cook. Sir, Captain Cook never aaw the Columbia river, or landed^ in the immedi- ately adjacent country. Hia viait waa to Nootka aqond, on the ialand of Cluadra and Vancouver, separated from the coniinfnt by the strait of Fuca. Hia voyage is referred by Lord Clarendon to the year 1799. It wna, in fact, made in 1778, fourtwn years before the Columbia river wna entered or even certainly known to e^^ist. Ten yeara afVer Cook'* voyage lo the coaat, Meares, on whose exploration* the British government partially reals iu title, re- ported he could aay with certainty, no auch river k* the St. Roc (the Columbia) eiisted. Four year* later atill, Vancouver, after a most careful examina- tion of the coast, came to the same conclusion, a* we have Keen. Sir, Lord Clarendon evidently con- founded the voynge of Cook with that of Vancou- ver, without an adcurate reference lo either. 3. It is equally erroneous to say, that the north- weat c/tmpany explored the country in 1813, and establiahed themselves in Port St. George. Explor*- tiooa bad been made, first by Lewis and Clarke, mill- .i _..l.iiifi..iMent .it by the British gavernment to di4oeTer tlie line of coast, »ui . to take nosteuion of certain parti laid down in bis inatruo- tioB<; and hero we esme to nnotiier part oftheclaimi of the Unitad States— to a part of their clnimt where they nut in their claim to dlacovory vpon a tnuiiaotlon which I will now proceed to relate. It appears that a merchant veitel callvd the Columbia, under a Captain Oray, diicovered an inlet, which wai lupposed to be an inlet of a rirer. It appaari that after lomedaya in the month of Mav, 1791, paaaed partly at anchor and partly inendaavoring to aacer- tain the limits of that bay. that tola veaael lailed ent again into the PaeUe ocean. There ii a very clear account gnren by Captain Ony. the commander of that veaiel, that 'after some oaya,' he aayt, 'we thought we had found a channel, we found we were mislalcen. There ia no channel in the part which we eodeavsreaia< (iray. H« actunlly discovered the cntmncx at the Columbia rivnr. IIn went up it in his l>o.it sevrrnl iIati, to thx dis- tance, I thinlc. ofiiomK VOor ino miles. Ila ilitcoveied the territory surrounding It. It was agreed thai the river should be rallnil l>y the name of (Columbia, and Lieutenant llraugb- ton rrturnvd to his ship, ilut Captiain Vancouver took pos- session ol that river, the coast ai'ijaeent. ami the Nooike aeond, in the name of his majesty the king of F.ngland. , (Hear, hear.) Then, sir, there was something of valid Itlla." ' I confess it was with emial regret and aurpiiae th(\t I read thia statement of a transaction which has become mntler of history, and in respect to the facta of w4tich there is no reasonable ground for seriouv misconception. I have looked in vain for the qno- tation Lord John Ruoaell profeseea to make from Captain Gray. There is no such statement in the only account which I have seen given by the lat- ter of the discovery of the Columbia river — tb* certified copy of his log in the Stale DepartiQcnt. Hie^ lordship goes on to state that Vancouver shortly af- ter arrived on the coast, and not only went into the- inlet, hut sent in Lieutenant Brougbton, "who ac- tually discovered the entrance to the Columbia river." Now, the Senate will obaerve that, in or- der to suaiain thia moat unauthorited asaumptioa, almoat all the important facta relating to the discovery of the Columbia river — facta ahowa by Vancouver's own ioomal-T-are kept out of view: — the meeting of Gray with Vancouver on the 99th April, 1792, five montha previously, near the strait of Fuca; the information |(iven by Gray to the latter of the diaoovery of the river, and . of his unsuccessful attempta to enter it; the in- credulity of Vancouver, and his continued con- viction that no such river existed; Ihe return of Gray to the river, his success >in entering it, the arrival of Vancouver at Nootkn where he obtained copies of Gray's charts, left with Uuadra, by the aid' of which Vancouver, was enabled to find the stream, and send up his lieutenant, Broughton, to explore it. I say, sir, ail these material facts are suppressed — I trust not intentionally — to sustain the anfounded as— - sumption that Broughton was the discoverer of the Columbia. But it is worthy of remark that Mr. Fal- coner, a respectable British writer, who has recently published a pamphlet on Oregon, and who wrote nbouithe time Lord John Russell spoke, admits that Gray was the first person who noticed the Columbia • river after Heceta, and concedes the discovery to the latter. Happily, the historical facts are too well au- thenticated to be permanently misunderstood. They were so well known at the time, that even the ri- valry — not to say the detraction — of the day eoncad- ed*to Gray the merit of the discovery by deaignating the river by the name he gave it — the name of the- vessel that first entered its waters. In regard to the attempt to restrict Gray's discovery to the bay or ■ mouth of the river, it is. only neeeaaary to say that the settlement at Astoria is aniversally admitted to bo on the Columbia river. Ia it not so, sir? It ia designated "the settlement on the Colum^nia river," ' in the despatch of Earl Bathurst directing it to be re- stored to ua ill 1818, as well as in the act of restora* tiun. Now, sir, Capt. Gray ascended the rivernot oaly aa high as Astoria, which is ten miles from the Pacific ocean, but at leaat aix milea above it aecord-. ing to Broughton himself. Look at the mup of-. ^> < Oregon on your table, by Cant. Wilkea, «n4 yott ...» j wilffind Gray's bay, so named by Broognion, (see pet,,, Vancouver's Journal, vol. 3, page 93,) an the Dorltk j^ v ' aide of the Columbia and higher up than AatorW%iMi4»^; - According to Gray's own log, he anchored the da/ oii- - i ' ..f.» rTt:tf . ' IW <'l" l iip m i i, i m 'iii , i n ^T-- '■ncoHvfi' irriMd. •■ma Inlet, bm he htou— lo diaeornr Inea up th« rirer. . iHful tlun (lup'aia- ixoflha Columbia 1 d»r«. In tho dit- I* dlirovercd Um hi the rirer ■hoDid li«>it«nant lirough- Scourer took poa- ■nd the Noolkn king of P.ngltnd. ling of rkiid IUI«." Jt and aurpriae iciicn which haa ipect to th« facta mnA for aerioua- ain for (ha quo- I to maka from italement in th« ivan by the lat- imbia riTcr— tha ipartiaent. Hia-. uver ahortljr af- ly went into the- hton, "whoao- the Columbia enre that, in or- lad aaaumption, relating to the r — facte ahowa kept out of ' Vancouver on tha previoualy, raation f;iven by of the river, and inter it; the in« continued con- I; Ihe return of entering it, tha here he obtained jadra, by iheaidU.u'^' > find the stream, Ion, to explore it. re suppressed — I leanfounded as~ discoverer of the irk that Mr. Pal- vho has recently end who wrote >oke, admits thxt ed the Columbia • discovery to the are too well an- ■ iderstood. They that even the rn the day conced- V by dee ignatinf he name of th» In regard to the ry to the bay or Mwry to aay that lally admitted to ot 80, air? It ia ^olumj^ia river," ' cting It to be re- « act of restoraF' led the river not n miles from the ibove it aecori- : at the anup of-. ^iikea, •ii4 you Srooghlon, (see 2,) en the north p than Aaloria. lehored tha day - . i!i .!WH lsi m.j^ T 11 \ he diacovered and entered the river, tan milea above the entrance, and three ' ys after he sailed twelve or flfteen milea highi i up. He must, there- fore, have been from six to fifteen milea above the site of the nettlement .it Astoria. What, then, be- comes of the attempt of Ilroiightnn, revived by British statesmen, not ncKoiiators, ^no negotiator nt this day would so rii.k his reputation,^ lo restrict Ofay's discovery to the mouth of the ateam ! Lord Joh i Russell's statement ia equally errone- ous in other particulars— erroneous in saying that Vancouver entered the Columbia, or the inlet — cr- roneoua in saying that he took poseession of Nootka sound. ' His veasel, the Discovery, did not pars the bar at the month nf the Columbia river; he did not take poasession of Nootka; duadra refused to make a formal surrender of anything but Meares'a cove, which he wnuld not aeccept; and the formality of taking poaaesaion of the Columbia river was per- formed oy Broughton, after Vancouver had left the coast, much in the same way as it bad been done ten years before by the Spaniards, «ho were the first oiacoverers and explorers of the country. I repeat, and I aay it with regret, that besides the er- rors in pointof fact, tha leading and material ctrcum- •taneea connected with the discovery of the Colum- bia river are kept out of view. 1 do not expect Brit- ish stetesmen to produce arguments ih fivor of the American title; but when they undertake to refer to hiatorieal facta resting on their own aulhori- tiea, and in their own posseosion, (hey are bound to state them -^ith accuracy. Sir, we may excuse illoeical deductions from admitted date, we may look with indulgence on differences of opinion in re- gard to the same facte, knowing, M we do, our lia- bility to be biased by prejudice or by too partial viewa of personal or nationol interest. But for an omission of essential circumstarrna in the discus- sion of an imporiant national qaeation, a discus- Mon entered upon voluntarily for the purpose of enlightening tno public mind 6t a nation, there can be no apology, even thouj^h it arise from want of a snfliciently careful examination ef the subject. On the dragon question it is well known that great excitement existed at the time in Great Brittiin and the United States— an ex- citement which exists etill, though happily some- what abated — an excitement which needs, per- haps, but little provocation to breuk out into open hoWility; and no mart who appreciates, as he ought, the calamity of an interruption of the amicable rela- tions which e](ist between us, should be willing to incur the responsibility of misleading the public judgment of either country; ak, if he does misdirect It, he should at least have \M 'iJnaolation of reflect- ing that it was through erroneous deductions, and not a misstatement of facts fahrly within his knowledge. Thi. misrepresentationa to which I have alluded are thr more to be regretted, for the reason, if I do ■ot irr, that they constitute atmoat the only viewa of h J subject which reach the great mass of the Britiiih people. In this country, sutements of both aides t*f great natioeal questions are equally dif- fused. Look at our newspapers, and they will be found filled with the diplomatic correspondence betwrien the British and American plenipotenti- ariee. The letters of Mr. Packenhom arc pub- lisheiii with those of Mr. Calhoun and Mr. Bu- ehani^n, and- are aa widely circulated. Alt read, compare, and judge them. It is not so in Oreat Britain. As a |^eral rule, the British side of the quaaiion only is presented to the British public. Nor ia it the ofitcial aiguraent of the government, drawr. ap by the diplomatist, undera senaa of his responaibility le the criticism ef other nations, amt the general judgment of mankind. No, sir ! It ie- more frequently the "tirade" of the politician, by which the public mind of Oreat Britain is msae to pronounce judgment upon great questions of inUr* national right and duty. These miareprescniations are still more lo be r«^ gretted, because they constitute the basis of the statemeniM which find their way to 'he continent. Through Galignani's Messenger, (he echo of the British press, they are (ranslatid into F'renchiand* widely circulated, poisoning the whole public mind of the continent, and excilinc prejudice againat us. I will only add, that ihe Carl of AUirueen in one houae, and Sir Robert Peel in Ihe other, adverted to these siateraents .i a manner which, though not al- together unexceptionable, was in general dicniftsd and statesmanlike; and it is earnestly to be hoped that the better feeling which now exists between the two countries snsy continue unabated, and load td a settlement of the question on terms hoodrabla- to both. I feel that I owe an apolof.y to the Senate for Ihia long digression. I trust it will be found in tha con- sideration that the inaccuracies I have endeavored to point out, did not go to the world with the mere weight of an ordinary legialative debate, but With' all the evidences of deliberation and arrangement; and, therefore, calculated to be mo.e dangerous ii» propagating e^ror. It was now three o'clock, and Mr. D. gave iivf to a mo6on nf Mr. Sevikr to adjourn. Thorsbat, February 19, 1B46. Mr. OIX was about to resume his remarks whieh> he had not concluded at the hour of adjournment yesterday, but yielded the floor to Mr. J. M. CLAYTON, who said he desired a» opportunity to offer a few remarks relative to an al- lusion made to him by the senator from New York, SMr. Dix,] in |he opening of hia speruh yesterday., ie is reported to have said : ■■ In entering into the dithate on the qurktion uniirr con> ■jdvation, I Ivfl constrained todlA'tTln oi'ioion with'twa diitingiiialied iiinutori who have preceded me. In nlation to the manner in which Ihe diicuxion should ke conducted. I allude to the aenator from Ohio, [Mr. Ai.i.i:!!,] who opened the debate, and the senator from iJelaware, [liir. Ci.i»ioN,} who followed him Uoth took the ground, and with equally atrong language, tliat the title to Oregon otiKht not tq be drawn into this dianuaaion, tut for totnlly ditrrent reaaoae —the acnator from Ohio, beeanre the ti;ne for ditcuaaing it had gou« hj, and th« aenalor from Dvlawuic, becauae the time fur discuaaing it liad not arrived. With tlio uafeignad respect which I entertain for both aenaton, I diiaent TroBt- their opiniona with great dilhdence of my own." As the senator said, he (Mr. C.) was temporarilr ah - ' from his seat, but came in a few minutes ar- te . M senator had made that remark. He had mie- taken his (Mr. C.'s) position. When he had the honor of addressing tne Senate on the 13th inat., he did object to the discussion of the title in open ate- sion, but he avowed distinetly at the time hia perfect willingness to enter at any moment c^i that oiaeaa- sion in executive session. He did not mean to say. . nor did he think that he was generally underatooa at the time as meaning to say, that he objected to the discussion of the question at that very moment. On the contrary, he thought that he expresaed hih willingneea to go into it then, if his associatea in the Senate wished to do so — but in executive session. And he begged the senator to recollect the reason, which he asai^ed why the diacussion should ba ao conducted. He said, that, if the question wera tO' be settled by treaty between the two govemmenta, the renurka made in opea seasion were calculated to prejudge, and ^rnust necessarily prejudge, tli(^ i^-^-^At-aau-ki:,'...,^.-;. ■ -. .,-. ,- ■ -■,v'-^^)'Vni>iiS'tmiiWi'ria«ia(ii»*'»-i I't' I ^'iMiii-fii^-'^^itffitrt^^^ ti'ait'^ .- f.M r. 12 •ovMlion which womM Ariaa upon th« Iraaty. H« i tlioutht dwR, anti: he thouchl so •till, that if lh« | 3UMH0II wan to ba Mttlad in (hat manner, ^reat anfor might ariaa from theaa public diacuMiona, baeraae it would ba racollaeied ibat it took but nino- taan of them to defeat any treaty; and if the diicoa- •ion became azlanded, aa waa very likely, there waa danger that nineteen aenaton might lieenme «o committed before the whole country in regard to the title, and differing fW>m the Executive, why, then, waa it not obvioua that their eonaidoralion of the treaty would be serioualy trammelled? On the other hand, he thought then, and thought still, that if dii- cuaaed in executive aeaiion, no such difficulty could occur; no man would be tlien committed before the country. But open dia'-.uaaion waa attended with the danger of ao many men committing themielvea on aome parallel of latitbde different from that pra- •entedin the treaty. Mr. DIX then proceeded with hia remarki, and ■aid: I beg the senator flrom Delaware to be assured that nothing would give me more pnin than to nieatata any aenator on this floor, and I accept with great plaaaure the explanation which he haa made. I deaire also to say, in justice to him, aa well aa to the aenator from Ohio, that I did not uae the term "pereraptoriness" in referring to the manner in which they had insisted that the 3ueation of title ought not, in their opinion, to bo iaeaaaed. I said they had taken the position in etnially strong language. 1 now resume the consideration of the important quealion on which I had the honor to address the Senate yesterday; and in doing so, I cannot with- hold the ex nreaaion of myaenseof the kind indul- gence whicn has been extended to me. I will en- • deavor to afford the Senate a substantial proof of that aenae of oliligation on my part, by bringing m]r re- marks to a close in the briefeat possible period of time. . The hist'irical aketch which I was malting when 'the Senate adjourned of the discoveries and estchlicih- menta in Oregon yesterday, ended with the year 1793. The discovery of Bulonch's harbor and the Co- lumbia river by Gray, and the explorations of Oal- liano, Valdes, and Vancouver, in the strait of Fuca, in that yrnr, terminated the aeries of maritime dia- coTcriea in the disputed territory, which had com- °- meneed two centnrieaand a hair before. Froir that time to the preaent, nothing has been done on the coaat but to fill up the smnllcr details of the great outline completed by the Inbors of these navigators. In the Rnme ,year, (1792.) Mackenzie, leaving Fort Chippewyan, on the Athabasca lake, in the 58th parallel of latitude, and nearly midway be- tween the Atlantic and Pacific oceana, proceeded weatwafd to the Rocky mountains, where he paiaed the winter. The next spring he resumed his joui^ ViBf, atruck the Tacoutche Tesaee, in the 54th (laml- lel of latitude, (now Frazer's river,) and descended it Mtnie 350 niilea. He then continued his courae to the west, and reached the Pacific in north latitude S9P 90' — about a degrae north of the island of Quadra and Vancouver. Fraieer'a river, which takes its rise near the 55ih parallel of latitude, was for nineteen jnears aupponed to Ise the northern branch of the ' Columbia; but in 18 1 2 it wna ascertained by Frazer to debouche in the strait of Fuim, at the 49th para'lel ' of latitude. It wati;rs the district of country imme- diately west and north of the valley drained by the • upper branch of the Columbia. This diatrict is a part of the great section of the northwest coaat 'bounded on the east by the Rocky mountaina, and on the west by the Pacific, of which the main ^en- vtela of aeecaa had been laid open by previoua dis- eoveriea. In 1804, Caplaina Lcw!aand Clarke ael out on their expedition to Oregon; and in 1805, afttr in- credible hardahipa and labors, they eataUished themaelvea on the north aide of the Columbia river, near ita mouth, and aubaequently on the aouth aide, and passed the winter there. In the spring of 1806, '.hey commenced iheir Journey homeward, and reached the Misaiaaippi in the Cul of that year, hav* ing travelled over 9,000 mile*. This expeaition waa fitted out under the direction of the eoyernment of the United States, and executed by oMccrs in its ser- vice at the public expenae. It waM undertaken on the recommendation of the Pijaldent, communi- cated in a message to Congrcaa in 1803. One of ita . objects waa to examine the country watered by Uie Columbia river, which had been dlacovered by a citizen of the United Statea; al^d it reeulted in a sur- vey — neceeaaril^ cursory— of the main aouth^n branch of the iiver, of the principal stream to ila mouth from the junction of the latter with it, and of a portion of Clarke'a river, which empties into the northern branch betwcan the 48th and 49th parallele of latitude. Tbia waa the firat exploration of the Columbia made aubaetiuently to 1793, when it waa aacendcd br Oray, ita diaeoverer, some twenty miles, and five months after 'by a detachment from Vancouver'a party, under Broughton, about one hundred miles from ita mouth. It is also to be considered that the expedition of Lewia and Clarke waa undertaken immediately af- ter the ceaaion of the territory of Louiaiana to the United Statea by France— « territory admitted to include all the country drained by the Mis- aiaaippi and ita tributariea to their head wa- tera. It waa also the underatanding at the time that it waa separated from the British poaaeaaiooa in North America by the 49th )>arallel of latitude extended weatward from the Lake of the Wooda indefinitely. Mr. Monroe in a paper preaented to Lord Harrowby in 1804, at London, stated that it had been ao settled by oommisaariea appointed by France and Fngland under the treaty of Utrecht; . and the atalement waa not impugned o( objected to. I am awaro that a doubt exiats whether such a line waa agreed on; but after nearly a century and a halt, it is riuestionable whether an arrange- ment which had been acquiesced in [Col. Bbmtom . here added — and acted on] as having been made by the competent authority at the proper time, canM denied even though no authentic record of the meet- ing of the commissaries can be found." Other per- sons were employed by the government to survey the southern portions of Louisiana, and these colem foraneous expeditions must be regarded by the world aa a public manifestation of the intention of the United Statea to assert all the righta she might justly claim by discovery or otherwise to the sov- ereignty of the country between the Mitsisaippi and the Pacific ocean. In 1806 Mr. Frazer, an nzent of the Northwest Company, formed an eilabliahment on Frazer'a lake in the S4th parallel of latitude; and thia was./ the first establishment ever made by British aubjecti;';^ west of the Rocky mountains. In March, 1811, the Pacific Fur Company^of which John Jacob Astor of N. York waa the princi pal, form • ed an establishment at Astoria, on the south bank of the Columbia river, about ten miles from ita mouth, having first eetaMiahed themaelvea on the north *8ceaii alalMirate ezamiaationofthiiqueitlon to Graea-^^^^ how's Oreeon, page 379. ' . -^ 1 18 1 by prcTioua dii- larkf Ml 6ut on in 1805, afttrin- they MlaUiihed c Columbia river, an the touth tide, lie ipring ori806, homeward, and of that year, hav- i« expeaition waa le eoyei-nment of ' omcert in Ita aer- raH nndertaken on aident, communi- 1803. One of ita ry watered by the diieoviired by a I reaulted in a aur- main aouth^n :ipal atream to ita ttcr with it, and of emptiea into the and 49th parallel* tiploration of the 1793, when it waa er, aome twenty I detachment from jhton, about one the expedition of n immediately af- Louialana to the erritory admitted ned by the Mis- Iheir head wa- iding at the time Iritian poaaeaaiona parallffiof latitude ake of the Wooda paper preaented to don, Blated that it riea appointed by treaty of Utrecht; >ugned o( objected cists whether such nearly a century ether an arrange- . in [Col. Dbntom iiig been made by iroper time, canTta record of the meet- jund.* Other per- irnment to (urvey a, and theae coiem regarded by the f the intention of e rijghta ahe might erwiae to the aor* (I the Mitalaaippi of the North weat ment on Frazer'a ttide; and tiiia waa 3y British aubjecta >ompBny,.of which ;he principal, form- the aouth bank of es from ita mouth, vea on the north ba»lt;amllhiawa«ihatota«ttemaiitawrma4aoii|Ofthe tonv^ artiela ware wwwed bylhofcl- the (Columbia or in the territory watwad bythM lowing aoofenlkm. ,.,-. ..«.u rfih. ««. Ttotioo c<.aelu*r4'l..twt.Bth. Uail^ ■»!«•* A«*a riter or ita irib«ilariaa, axcapling two tampofsry •atabliabmania ia 1808 and 1810, fomad alao by American citizena, whioh wara aoon abandoned in Gonaequence of iha dJBeully of obtaining pronaiona md other embamaaasanu. The Aatoria company *alao formed an aalabliahment in 1611, on the Oka- nagon, a Uibutary entering the Columbia on iha north aide, betwaaik the 4»h and the 49th parallela of latitude-, and in 1813 another near it on the Spo- kan, alao a tributary of tba great river. In 1813 the Pacific Company, in coneequence of the erabarroasmenia growing out of the war of 1813 wi(h Great Britain, aolJ "ita tatabliahmenta, fura, and atock in hand" (including the \>o»ia on the Okanagan and the'Spokan) to the Noriliweat Company- and a few daya afterward* the British aloop-of>|far Raccoon arrived, took posaeasion of the place, and hoiited the Bntiih fla^. . By the treaty of Ghent, ratified by ua in 1815, it waa atipulaleii that "all territory, placea, and po»»e«- aiona wnalBoever taken by either party from the other during the war, or which may be token al'ier theaign- ingof thia treaty, excepting only the iaianda hero- inaAar mentioned, thall be reatored wiilioul delay.' In compliance with thia atipulation the oatabliah- menlat Astoria waa reatored to the United Stalea. The compliance waa full, unconditional, and with- out reaervation of any aort. No claim waa act up by Great Britain in her written communicaiiona •with the United Slatea on this aubject, at the time of thie restoration, in reapect to any riaht of BOV':r- eigniy or domain in the territory thua reatorsd. The Britiah miniater at Washington had, it la true, a year before objected to the leeioration on the ground that the place had been purchased by the Northwoat Company, and that it had "been taken possession of in his majesty's name, and had been aince considered as forming part of hie maje3iy a, dominions." The objection waa virtuolly abandon- ed by the restoration; and aa the ploce waa restored without a written proteal or reservatio-', the ground of the objection may be regarded as having been considered ^wholly untenable by those who took it. In this transaction, aa in all others relating to the territory of Oregon, the government of the United States maintained- in clear and unequivocal terms its right of sovereignty. In its instructions to Cnpl. BiddTe in 1817, it directed him to proceed to •the mouth of the Columbia, and there "to assert the claim of the United Slatea to the sovereigrtty of the adjacent country, in a friendly and peaceable man- ner, and without this employment of force." rtis order hoexecuted on the 9th of August, 1818, l»y taking formal poaaeaaion of the country on Uie river. The tormal reatoration of Aatoria waa made on the 6th of October, 1818; and in fourteen days after- wards (on the aoth October) a convenuon was agreed on by the United Statea and Great Britain, containing the following article: sn-i Mi Ma»»»»» th« KtaaufthaUaHaJ IUBg*»« of Ot^' Britain and Iraland, oa iSs »Olh of Oetabvr, l««.*h^b«. linuailln force, latbaiama aisnaar aa WaU t)»« jprovlitoas a tha »aia artlrla ware hewlB •pcoiieally »«elt««- "Aar. i. IHhallbacoinp«Uiit,howa»ar. to altitsr ef the contracting uartln, l» ca»« rilliar (hoald tbiak St. ft aoy limn «it»r flie iOlh Oi-lol»r, l»ja, on KlWpRilns no««» of lw«l»» monlln to llio i.ther coniiaetlai party, toannal ana abioiati> thin convantion; and it (bait, in ittch eaaa, ba ae- cordlngly enllrcly annulled and abrogated, alter tb* aapjr rutliin of^thn lalJ 'ertn of notice. , ., . "Art 8. Nothing conulm-d in thU conttntlon, or In tha third BrticU of lh« conTrnilon of lb« 9Utk of October, IBIS, her.il.v «cn formed in (he aame localiliaa; and ker riffhia of diamvery, iherefnrr, were not aupar- ■aded ny rigliu of occupation on the part of other na- tiona in any portion of the territory in diepule, excepting ao fnr aa they may have been derived fi«in the American nnd Briiiah eaUbliahmcuU, to which 1 am about to refer. The United States had diHCOvered ilie Columbia river, and a"''Kndad it at the time of the dlacovery to the diilaiK'H of twenty-fire n'ilee from it* mouth. 49he had alan iliacovered Dulfinch'a harbor, between ad faith in setting up a claim to that territory, 1st, by diacovery, through the agency of her own cilizKii*; and 2(1, by cesaion of the righta of ;Spain. For, a* has been aaid, if the first ground was tenable, she omld not. without inconsistency, aettip « claim on tlio aecond, because she had virtually de- nied the second by assuming the first as the basie of -her right. r>t)i, sir, is it not quite possible for two nationa to poaaess rights by configuity, or to ac- quire them >)y discovery, neither perfect, but capa- ble of being i Midcred so by a merger of both in ont? -Oreat Brituii herself claims a right of joint occu- pancy with ibe United States in Oregon; and vhe will certainly not deny that a cession of her right tor iu;or ours to her, would create a perfect title to the country, wii^out affording cause for any imputation of diahonor to either. Ore?' Brittiin in 1818 had surveyed the strait of Fuca, after its outlines were known, but she had made no discoveries on the coast which were not eomprehendc'Ci within the boundaries of the great diatricts previously known and visited. She may have had eambtishmenta in the valley of the Colum- bia; but if f!0 I have not been ab'e to ascertain the fact. She ha'l discovered Frazer'a river, which emp- tiea into the -iirait of Fuca at the 49ih (Mirallel of lat- itude; ahe hnd traced it from its source to its mouth; iriul had formed an er:abliKhment on it near the 54th panllei; and it only rimains to settle by (he testimo- ny of facts t'..n geographical relation which this river and its valley bcur to the river and valley of the Co- lumbia. I pass by, aa unconnected with the question, for •the l^aaons 1 have assigned, all settlements made Bubsequently i^o 1818 by the Hudson's Bay Company, on which Gr :at Britain has conferred large and most impdrtant p< wers in reapect to the country west of th« Rocky mountains. Indeed, these establish inents rest upon no legal concession, even by^herself, which confer! any right of domain. The Hudson's Bay title to the soil in Oregon; w privilifea of the company d those conferred on it in relailon to tba terrftory it posaesaes upon Hudson's aliaiia. I alao paaa by aa idle the formalitiea of tailing possession of the country by Broughton on the Co- lumbia, and Vancouver in the atrait of Puoa— for- malitiea a long time before performed in numberless localities by the 8|janiards— eapeeially as those of the British navigatora were unaccompanied by a(^tu- al aettlcment and occupation, and were in direct vio- lation of a treaty which those officers ware sent out to cMcute. ' I have endeavored, Mr. Preaident, in the first part of my remarks to maintain the Spahii>h title to the northweat coast of America. I re- gard all attempta to diaparage it aa antiquated aad obsolete, to b e founded upon partial and illiberal viawa of the subject. It la unneceaaary to say to you, air, or the Senate, that antiquitv^ia the higbeat element of title, if the chain can b« traced down unbroken and entire to our own times. The Spaniah title to the northwest coast is almoat coeval with the voyages of Columbus. It ia consecrated by discovery us high aa the 43d parallel of latitude, by the lapse of more than three centurieaj aa high aa the 48th bv the lapse of two eanturiea and a half, and as high as the 54th by the lapse of more than aaventy yeara. Sixty years ago it atood undisputed and unimpeachsd by any antagonist claim or pretenaion to territorial rights. It was confirmed and perfected by occupation as high as 49° 30' half a century ago. Durinx the succeeding twenty yeara, it was not superseded by rights of occupation on the, part of oth r nations, unless it be to the limited extent 1 have stated. Dunne the last thirty years, all rights have been suspendel by treaty arrangements between the only two pow- ers who can, with any face, set up a claim to the exercise of sovereignty over the territory' to which it attaches. In the consideration of national inter- eata in territorial posacssiuns, it is a narrow view (p bind down sovereign states to all the rigorous tech- nicalitiea of private tenurea. Great principles of na- tional right, viewed liberally, and applied according to the proclaimed intentional of the partiea, are the only guides worthy of statesmen or governments in the settlement of questions of sovereignty over the unoccupied portiona of the earth we intiabit. The object ol'Sp.iin in reapect to the northweat coast waa aettlement — permanent occupation. The ob- ject of Great Britain was commerce, traffic, tran- sient occupation. Tested by the principles i have stated, I cannot hesitate to consider the Spanish title to the northwest coast of America, which has o** late been so much disparaged, aa vesting rights i:. us which are unimpeachable. I said at titc commencement of my remarks that one of my objects was to defend the Spanish tide, by stating the historical facta on which it reata. 1 have pel formed the task which I allotted to myself. I will only add, that with what I have said, I am content, ao far as I am concerned, to leave the whole question where it now is, in the hands of the ad- ministration, relying on its firmneaa and its aenre of rectitude to fiu.stain our just tights, and to respect thejust rights of others. So conscious is Great Britain of t)ie invalidity of her title that riie does not venture to assert n right to the exclusive sovereignty of any portion of the terri- tory. In 1&2C she claimed only a right of joint occu- •riirfl&r^"^*"-''^ IB •xelmivt tr«d« with >• of acquiring any I inUtiaNapaetllM met iMttrialf^ fl'om M to (ha tarntory it M. formalitiea of Uilmng Iroughton on the Co- a atrail of Puea— for- Tormad in numliarleaa ipacially ai ihoaa of iccompuniail by artu- nd ware in direct vio- aff.ctn wen aant out Pretidant, in the maintain tha St>ahii.h <4f Amarioa. I ra- it aa aniiqualad aad partial and illiberal mneeaaaary to aay to ^tiquitr.ia tha higbaat can ba traced down r own timaa. The coast ia almoat coeval It ia oonaaerated i parallel of latitude, three eenturiaai "■ of two canturiea ie 54th by the lapae I. Sixty yeara ago nimpeachad bj^ any II to territorial rigl) In. fctad by occupation tntury ago. During I waa not auparacded fMti o(oth f naliona, I have atated. During have been auapendel en the only two pow- et up a claim to the le territory to which lion of national inter- it ia a narrow view to all the rigoroua lech- treat principlea of na- ind applied according if the partlea, are the en or governmanta in of aovereigniy over lie earth wc intiabit. a the northwest coast Kupation. The ob- imerce, traffic, iron- thc principlea I have lider the Spaniah title lerica, which has o' , aa veating righu i. of my remarka that nd theSpariah title, n which it reata. I i allotted to myaelf. I I have aaid, I am i, to leave tha whole lie handaof the ad - ne»a and its 8«nve of ;hta, and to resflect • of tjie mvalidity of •« to aajKrt n right to portion of the lerri- » right of joint occu- 'paney in < -^mon with other powcra, but denied the rinht of exeluaiva dominion id flta Unitad Suiaa. While inaiating that aha waa aniitlod "to place her claima at laaal upon a parity with thoaa of the United Staiea," the haa conilantly rafuacd lo divide tiie territory at the 49th parnllel af latitude, the 'boundary between her and ua from the Like of the Wooda to the Rocky mountaina— a line which would havR kevered the coaat, and the country in immediate rnntiguity with it, into two parta ao near- ly equal as lo leave her no reaRonable ground, even on the aeore of an equitable Uivision, for the rontinuanre of a conlroveray. Her denire forterrilorjal exten- aion in thia quarter ia for the purpoteof ratabliah- ing her colonial dominion over diatricta nf country bordaringion ua and confining our aettlempnis with- in narrower limila. Our r.onteat for territorial rigliti, which we conaider indiapuiablo, haa no ohjeci but to enable our citicena to extend themaelvca lo our nalttral boundary — the 'Pacific. Her intereat ia re- note and contingent. Oura ia direct and certain. Her'a ia the intereat of a ata'e in a diatant country which ahe wiahea to colonixe. Our'a ii the intereat of a country in ita own proftar territory and letlle- manta. She ia not content with aubjccting to her ■way tha fertile and opulent regiona of the ESiat; but •ha comea nowUhouaanda of milea acroea the ocean to diapute with ua the dominion of the uninhabited wilderneaa, and curtail the area for our expanaion. With the least diapoaiiion on her part to liaten to the ■Uggeationa of reaaon and juatice, thia queation would long ago have been aettted on the fair and honorable terma of eompromiae — nay, air, on the termaof conceaaion, which wr have more than once propoaed. I am sure that in the course of our government in relation to Great Britain, in our negot'ationa, and in the treatiea which have been formed between us, DO evidence will be found of a deaire on cm part to encroach on her righia, or toadjuatnny of (he quea tiona which have a riaen between uson nther icrmr than thoHc of jiiaiice and liberality. The settlement of the northeastern boundary — onr. of the moat delicate and difficult tliat has ever arisen between (is — afTdnla a striking evidence of our desire to mainRiin with her the moat f.iendly underaianding. Wc ceded to her a portion of territory which ahe deemed of vital im portanceas n meona nfmiliiarv communication be- tween the Canadaa a>id her Atiiintic provinces, and which will five her a great advantage in a contest with ua. The meaanre was Huwtnined by thecnn •tituted authoritiea of the country, and I have no deaire or intention to call ita wisdom in queatinn. But it provea thnt. we were not unwilling to afford Great uiiiain any facility aho required for consoli- dating her North American, possessions— acting in peace aa though war wua not to be expect<'d be- tween the two coontriea. If we had cherished any ambilioua designa in respect to them — if we had had any other wish than th'u' of continuing on terma nf amity with her and them — this great military ad- vantdge would never have boon conceded to her. On the other hand, 1 regret to any that her courae towards ua haa been a courseration of the Briiiah etatute ia to be exchanged for a forcible proceaa of ejection without law. Under these circumstances, what ia the duty of the United States.' Aa I do not intend to intrude myself on the attention of the Senate airain, without abaolute necessity, on any quertinn relating to Ore- gon, I deaire to say now that I shall vote for tha notice to terminate the convention of 1818, coniiniieil in force by that 1837 — a convention which Great Britain treats ns recognizing a right of joiiU occupancy, but which has in reality been for her an exclusive occupancy of the whole terri- tory north of the Columbia. I am in favor of extending the authority of our lawa and the jurisdiction of our courts over the territory; and in doing so, 1 would, while the convention con- tinues, specially except Britiah aubjecta, and di- rect them, when charged with intractiona of our laws, to be delivered up to the nearest British authorities. I would make this reservation for the express purpose of preventing, aa far aa poa- HJble, a conflict of jurisdiction, and to avoid all nnuse for imputing to ua a disregard of treatiea, or a deaire to produce collision or disagreement of any sort. And in order to facilitate the extenaion of the authority of the Union over our fellow-citizens in that remote district of our country, and to remove. Hs far as possible, the obstacles to a more frvC and efficient intercourse between us and them, 1 would esia'rilish at once a cliain of military poata, with . competent garrisons and armamenta, from the re- motest navigable waters which flow into the Mia* sisnippi, to tHe. eaatrrn face of the Rocky moun- tains, stopping thcrft so long as the conveniiiin con- tinues in force. Duly, honor, policy— all demand the.ie measures nt our hands; and I truat tliey will be executed with promptiludo and docisron. Will these measures produce uar.= I cannot lie- lievc that they will. I cannot believe it, because tlicy furnish no just ground of provoostion. The right to give the notice ia rcaervcd by treat}'. The right of extending our laws over Oregon ia a right 1 ■!•*,. 'v. .i' mm^tSSSS^''^^ ^SSSBmSSmiSSSi wEi^lSSHBfSSSm fiMftiwiwr, iMiiil-'M i<|bt in tiUn^ It Im» ■MM. *•! UM«t|ijMMr ofla m irih u wif,M>4 i|«|«MiM«|M«!iriMy btMnMk. Bir, I do Ml ' " iH> AwMP'WagMaitiiMttM on noeuM of VvvW ^H^^v ^^W^BP ^^p . Sho woaUl Ind hiMt, nminMil and raatminad by public opin- twtf irhiMt in our day, nilaa iba conduct of naliona •«iw«.r,|WiNrAilly than tha arm of force. 1 hold, JMMl||«r iOMAediala war lo be out of the queation. '^Mot^M OMntual war lake placa, unleaa tm aaaar- lio* of our juat ri^hu ahail bo forcibly raaialed. I 4tf Hoi pNtend to >aiia juditmant on what the fti- Maa foay brins f^nk. Colliaiona may frow out 4|'atMe inMauna-MSoUiaiona ripen>n|, through in- CiiliRWae.'jiod eveiita which we mav be una- IH^JNUk jOOBbnu, into open warfmrt. I anould deep- -.Jif^/Mfion. auch a reault. Tha intar«ata of au- MiiM^r» cnat prineipUa of poiilkal . riyht, aalf> M^mtmtm, freedom, indif ioual rif nta, aJl auf- J|c- ,Jirban the voice of the law ia aileneed tar MM vmnlt of war> "Mtr mmmUmt Uga," ia an «aa|o, of the truth of which hiatory haa Ai^niahed too wanf fatal proofii. I would do roucli to avert aoah «;6ttain)ty. I would do anythinj; not incon- iriMHt yith the public honor, to avoid a contaat Wtm litmUl be diaaatroua to both partiea, no 4nKNt i^^*' ahfliuld bo ita ftnat iaaue. But be- «dlliblean never fo. And if exemption llrom liWilWlly be purohaaedby a aurrender ofour iial ritii^il Mnnot conacnt to make the purchaae. BatifWAr oaanpt be averted, I truatwe ahall not aoflUhit tMipvat error of undervaluing our adveraa- ,tT, Wiinlome opportunity of obaervingthoeon- wlotf ftfOrOat Brilam near at hand, I have no bea- ilatioir in earring that ahe waa never capable of n^iar eibrta ihaii ahe ia at the prcaent moment. I VUm that her inordinaie distenaton contains within ilalf4tA«i9he haa great abuaeit toatruggle agaimt. nmilm»tfir where I do not know, thirt thara is matv^ • gun mounted for the deraaea of the aoraoMiaialaM' • tropolis of^ my own StaU. Thara cannot ba a grwiiir error. Tharaara hoadiada 4tf gWMk of hai^ auir bra, in the citv of New York, ready, at tiM imrf how in which I speak, lo raeafara an aiwrilliWb and as many more, whieh can ba plaaad ia ] tion in an emergency— and this ^f.^ guns afloat. lii thirty days I belirra tha cmr might be rendered, with a akilAkl anginaar, tm with tha maana whieh migliiba piaoed at Ut aaM« mand. piapared— wall prapand— fgainst a waritiwn aaaault But, air, 1 turn away mm all thaaa tn^ bodinga of avil. I have eonfidanea ia tba aanti»«> ance of paaca. Thagaod aanta of both eo tMHri #i will revolt at a oontaat which can bringaa gMi4 to either, and aecura att-aiyaatin«ntorexii|daf4i^ ' fienltiaa on terma honorable to both. Swk'ia ay oonvistion. But, air, if I am deceived, tha* I have only to aay, that while I would ba eoqatmniali by nothing but OTcmiUp; naeeaaity to taka vm te sword, yet if the neeeaauy ahall eome, I traM m ahall never eonaentto lay it down until tha;'" and tha honor of the country have baan Adiy ^ catad. When Mr. Dirraaumad liia scat, !'-.»»wi«'-''*>>"''-*»>!*«*'''*'^'.""**»- rt- iii 'Lit«i ii ' t 'iTt ii*i ^^ i i i ^i i '" -'"••'■ '*' -mv^ WTf MMTMIV '- ^- - — . _ . ^ , _ o«dU« llMlMr kour im» to kMvtiHitilM iMi Mnoto klmjr* ika bmm dwptMlg, m dMiMiVM 'lo tb« uiafs* bimieuMffovadl. iiortimidttv. I«]rlt ia « Mi— w.ih lb* 4MiN ihM tM it,irit iImII mom, «Ml4lw I tddaal with* Mrwif «lrMk IMi m4 tliBi ow pNointlM ) with iIm immw •/ AiiM ixp ita. Tharoaannoiba»gni«iir Inda of ffin^ of kany odl^ w Yorl^ f aadf , at IIm »irjr «1t, to rteeiM an aw>fl>nfi rhieh can Im pUMHi iiiM4> — ami Ihia iadap«n4aatif of tf da]r* I baliara Um cto nth a akilM avginaar. ail \ might bo ptMad athhaoMh prapaiwi-^gainat a nMiiiM im avsT from all ihoaa 9tn(> re eonUwee in tho oaaiiiKi- ood aenio of both «oviMii(|i at which can bringM gM4 a»«4Mm«ntorexiiriag4i#' ' araWa to both. flOMt^ia av , if I am doteiTed, thoa 1 whilo I woald b« ONWlni»«d lip^ nactaaitjr to taka natiiia lauty aball eome, I traM iM • kjritdown until thamb nuntrjr hara bpen ftiUf i&& imad hia aaat, \ B.i»i*««*«tt»SiiB(&»St«s»aS«»«^^ s^*««'««SS'«8*t«Sili-»J'>'->ii»*"'''-'^- '