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All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. u6es L'exemplaire film6 fut reproduit grAce A la gAnArositA de: La bibliothique des Archives pubiiques du Canada Las images suivantes ont tti reproduites svec le plus grand soin, compte tenu de la condition et de la nettetA de l'exemplaire fiimA, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprimie sont filmAs en commenre the crew, ex- cepting three, were murdered by the savages; and subsequently the ves- sel was rifled by Nuno de Guzman, the chief of a band of advnnturers who pretended to be independent of Cortez. The next year, as no news of these vessels had reached Acapulco, Cortez sent out (wo others in the same direction, under flernando de Grijalva and Diego de Becerra, who set sail from Tehuantepee in October, 1.533. Grijalva, separuting from his cor.ipanions, sailed to the west\Mird, and having -Jiscovered a group of small islands about one hundred and fifty miles from the main land, (now known as tlie Revillagigedo islands,) he returned to Mexico witiiout making any further discovery. Becerra also -J 8 DISCOVERY OF OREGON sailed to the westward from Tcliuaiuopcc — discovered land under the tropic of Cuncer, and anehored in a small hay, where his men, havinji oh- tained some valuahl(! pearls, wore desirous of renuiinini; for a time. This, Tlecerra would noi [icrmit ; aii sj)oliations and seizures, lio inmi»>diately instituted a suit a<;ainst Guzman, in the royal court of Madrid, and ob- tained a decree in his favor, (tuzman refused, however, to make any restitution ; and Cortez collecting a body of troops, marched to Chia- metla, in order to recover his vessels, and reostablish his authority in that country. On his approach (Juzman fled, and Cortez bein^f joined by three vessels that had been sent pursuant to his orders, determined to proceed, in person, to the country discovered by Belcerra, in the west, wJiich was said to be exceedingly rich in pearls and precious stones. Embarking with his forces therefore at Cheametla, he reached the bay where Becerra had been nnirderod on the third of May, and in honor of the day, whicli in the Roman calendar was the feast of the finding of the Holy Cross, he named the bay and the country Santa Cruz ; and ta- king possession of it in the name of Spain, he immediately commenced preparations for establishing a colony. On his returji to Mexico, the following year, he learned that during his absence, he had been superseded in the government by Don Antonio de Mendoza Still •■ossessing the right, however, as admiral of the South Sea, to prepare and dispatch vessels on the Pacific, he dotermined to en- gage in another expedition to the north, in hopes of retrieving his for- tunes. Therefore, recalling the colonists from Santa Cruz, he fitted out three shijis foi' tiie expedition, and gave the command of them to Fran- cisco de Ulloa. This cxpeditioji was the last made by the authority of Cortez. Ulloa left Acapulco in July, lo39, and after losing one of his ships in a storm, sailod with the otiiers to the harbor of Santa Cruz; having explored the Gulf of California, and sailed round Cape San Lucas, he i>roceoded on the western coast as far as latiluile 30° north. In l.')37. a band of Spanish adventurers, under Panfilo Navarez, landed in Florida, in search of gold or of rich nations to plunder. This i)arty were soon nearly all destroyed by the savages. The survivors, three Spaniards and a negro, after niiio years" wanderings in the southern part of North America, rer.ched Culiacan, near the Gulf of California, in 15.30. The accounts they gave of rich nations, who, as they had been told by the savages, lived farther to the north, stimulated Mendoza. the successor of Cortez, to new exertions, lie, therefore, sent two friars, Marcoi tain tJK .sent ab Mendo> stonos, 7iorth la de.scrib( provinc and coi gold an ])ad its I session I their inl ries, cor Gallicia started ( were sa forces, t the west Alarcon north war ered a hi he proce side ricl told by 1 was abo fearing descend Coronl two frial readily was at l| scattere people and a fel stones, fabulou.'l scribed in his w a corre( had heel with thd On n same ai| said, lai and aft( and th( DISCOVERY OF ORECJON. 9 '^avarez, landed or. This party survivors, tliree le southern part f California, in they liad been d Mendoza, the sent two friars, id under the ■M. having f"''- !i tinif. This, r Ids voyage, mio Xiuiencs, c luinander, shore of the 's, and nearly •eded in navi- alisco, where ■ iinnuMliateiy adrid, and ob- to make any rched to Chia- > authority in z beiiiLT joined determined to a, in the west, \ )us stones. j Bached the bay nd in honor of the finding of ; Cruz ; and ta- ly commenced \ that during his * )on Antonio de \ al of the SoKth I termined to en- | ■ieving his for- I iz, he fitted out \ them to Fran- he authority of f 'i ! of his ships in i , Cruz ; having t San Lucas, he > Marcos dc Niza and Honorato, with the negro above mentioned, tn ascer- tain the truth of thf'-;(^ reports. They set out in ir)3l). After being ab. sent about a year, the two friars returned; and in the report made to Mendoza by Marcos dc Niza, countries ai)ounding in gold and precious stones, were described as h/ing to thr northwest, beyond the iiS/A degree of north latitude. The situation and extent of these countries were fully described, and more than all, a great city called Cibola, the capital of a province of that name, was represented as being peculiarly magnificent, and cojitaining more than twenty thousand stone houses, adorned with gold and jewels. Of course, such an account related by an eye-witness, had its effect upon Menrloza ; and he immediately prepared to take pos- session of these valuable regions in behalf of his sovereign, and convert their inhal)itants to ?he Catholic faith. A body of soldiers and missiona- ries, conniianded by Don Francisco de Coronado, the governor of New Gallicia, the country directly north of Mexico, were soon collected, and started on the route described by the friar Marcos. These new countries were said to be near the soa-coast ; and in order to support these land forces, therefore, a small squadron, laden with supplies, was sent along the western coast toward the north, under the command of Fernando de Alarcon. The fleet left Santiago on the western coast of Mexico, and sailed northward to the extremity of the Gulf of California, where Alarcon discov- ered a broad and rapid river. Embarking with a part of his creio in boats, he proceeded up the stream 250 miles. He found the country on either side rich and thickly settled, though occupied only by savages. He was told by the natives, in answer to his inquiries respecting Cibola, that it was about ten days' journey in the interior- He desired to visit it ; but fearing that he would be cut oif if he went farther into the country, he descended to his ships, and returned to Mexico before the end of the year. Coronado, with his land forces, followed the route pointed out by the two friars. The forests and deserts described in the narrative, were readily found. A country called Cibola, situated as Marcos had stated, was at last reached. But instead of magnificent cities, they saw a few scattered villages ; their land of promise they found half cultivated, by a people half civilized, with a little gold and silver, supposed to bo good, and a few turquoises; being their only wealth in the precious metals and stones. The letter written to the viceroy by the friar Marcos, with its fabulous history of Cibola, its wealth and its magnificent cities, had de- scribed not what the writer saw, but what he had heard from the Indians in his wanderings among them. Tradition had been their historian, and a correct one no doubt ; for within a few years the ruins of a great city had been discovered on the Colorado, corresponding in size and position with that spoken of by the friar Marcos do Niza. On making inquiries of the natives relative to the rich countries, the same answer was given by the natives of Cibola. Rich countries, they said, lay farther to the north. Thitherward Coronado directed his steps, and after wandering two years through the region between the Pacific and the Rocky Mountains, subsisting chiefly on the flesh of the buflalo, 19 DISCOVERY OF ORRtte, who examined the journals and papers relatinir to the voyaj^e, which are still preserved in the arcliives of the Indies, was tlu^ i:ird dc^^ref. of north latitude, which he considered the northern limit of the discoveries of Ca- hrillo and Ferrelo. In the meantime, Hernando de Soto and hi> band of adventurers, had been traversiny them, and by Alvaro Nunez, and Vas(jues de Coronado, of the northwest coast, ret)dered it absolutely certain, that neitlier wealthy nations, nor navigable passages between the Atlantic and Pacific Oceans, were to be found north of Mexico, unless beyond the 4.3rd degree of north latitude. The enthusiasm for disvovery now ceased for a time, and nearly half a century elapsed before it was again awakened. It had been the settled policy of Old Spain, from the day she first ob- tained foothold in South America, to prevent foreigners from establishing themselves ui any part of the territories claimed by hor, as prior discov- erer. Sb of the Ne arlmiral o Spain, on with Indi; whieh mi; long tiiMf off their rijiht to in trading w the South thereupoi commenc aged by t Continent days iree and laid dangers n for a tini 1577, iio England armed a Egypt, b the donii in the At eastern t ducted Si mediated left with mence c America ceeded i cruisers Good II. plunderc to his a howevei great di had of I coast an along tl tered or This hu Francis grees ol how fai ascertai If Spaniard* latitude, v)a,t vicoroy had ill the same (.'oiniiiuiKied irrcctiou twjk •c'( s {collected sli authority. Mciidoza did fh(> following niaiid of two of Alvaratlo. iaifc, icauhed n Lucas, and (i, two years 'hr middle, of lorlli latitude. entered, and of San Ber- (ut's to which d of the pilot edition before I lifter having id himself in ini resolve to tore returned he American to Navarette, ^e, whieh are 'tfri'c. of north ivories of Ca- cnturcrs, had nil America. 1 Vas(juos de certain, that the Atlantic niess beyond isvovery now it was aj^ain she first ob- I establishing prior discov- DISrOVKRY nV ORKCON 11 prer. She also held the exclusivo ri<,'ht to navirrate the s, as in the vicMnity of the Now World ; and f»ne of the titles of iho vic^eroy of New Spain was, admiral of the South Si-a. In H!>1, Pope Alexander Vj. had of value, Drake put in on the eastern coast of Patauonia. and refitted his shijis. Thn-e of them he con- ducted safely through the Straits of MajfoUan into th(! Pacific. But im- mediately afterward a storm dispersed the little squadron, and Drak(^ was left with sixty men in a schooner of one hundred tons burthen, to com- mence operations against the Spaniards on the western coast of North America. RiMiiaiiiing in the South Pacific about nine months, he suc- ceeded in making a number of valuable prizes ; and fearing the Spanish cruisers in search of him. lie determined to return hi^ne by the Cape of Good Hope. On the loth April, he left (Juatulco, the last place he had plundered, and sailed toward the north. On the '2nd of .lune. according to his accounts, ii(> had reached the latitude of 4'2° north. The cold, however. (Ii(> relates) had become so inten.se, that the sailors could with great difficulty handle the ropes. This extreme cold, and the desire he had of repairing his vessel, inducf^l him to turn back. He made the coast and anchored near it ; but finding the anchoraire insecure, he coasted J along the shore until he finiiid a safe commodinus harbor. This ho en- tered on the I7th of .lune, and remained there until the 'iBrd of July. This harbor, according to English statenu'iits, was either the Bay of San Francisco, or the Port of Bodega, situatc'd between the 38th and 89th de- grees of north latitude. What part of the coast was seen by Drake, and how far north he reached, it is impossible, from any data left by him, to ascertain with the least degree of certainty. Some writers give the ex- t !1 M 12 DISCOVERY OF OREGO^. treme north latitude of his voyage as 43° ; others 48° north. In an- other part of this work, where the English claims to the sovereignty ol' Oregon are exann'ned, we will endeavor to shosv that it was impossihle for hi n to have reached 48° north ; or rather, that he never saw that part cf the coast at all. On the 23rd of July, Drake states that he left the port in latitude 33°, where he had repaired his ship, and sailing across the Pacific, doubled the Cape of Good Hope, and returned to England, arri- ving at Plymouth on the 26th of September, 1580. In 1592 Juan de Fuci, a Greek by birth, but in the sttvice of Spain, discovered and sailed through the straits in latitude 48^ north, which now ' 3ars his name. Though little credit, at that time, was given to his state- ments, subsequent discoveries proved the accuracy of his assertions. About the close of the 16th century, reports were current in Spain as to the existence of a northern water passage between the Atlantic and the Pacific. The Spanish government therefore gave orders to ascertain, if possible, the truth o. these i-iiorts. Accordingly in the spring of 1595, the viceroy of Mexico fitted out three vessels at Acapulco, and gave the command of then to Sebastian Vizcayno. He did not, however, proceed beyond the Gulf of California, and returned to Mexico before the end of the year. About two years afterward, another expedition was made on a grander scale than the last. In May, 1602, lico large ships and a small one, all under command of Vizcayno, sailed from Acapulco. After pro- ceeding as far as 32° north, a good harbor was found, and named San Diego. Five degrees farther north another was discovered, to which was given the name of Monterey. From this port Vizcayno sailed as far as 42° or 43° north, and returned to Acapulco on the 21st of March, 1604, having done nothing more than survey and take formal possession of what h '.d been discovered by Cabrillo and Ferrelo sixty years before. This expedition was the last one undertaken by the Spaniards for more than a century and a half. In the year 1769, a party of emigrants, under Por- tola and Rivera, proceeded by land from La Paz, on the eastern coast of California, to San Diego and Monterey. This party established the first settifci.ients in that part of the country. A number of other establishments called missions, wei'e afterward formed in northwest California, the most northern of which was one on the Bay of San Francisco, made in 1776. In 1774, the Aiceroy of Mexico dispatched a vessel, under the com- mand of Juan Perez, to explore the coast beyond 43° north. He was directed to proceed to 00° north, and examine the coasts, to Monterey. In compliance with these orders, Perez advanced as far as 34° N. He ex- amined the coast, down to 49°, when he discovered a large bay, to lohich he gave !he name of San Lorenzo. There he remained some time, trading with the natives. This hay is the o.ie to ivhich Captain Cook afterward gave the name of King George's Sound, and leluch is noiv known as Nootka Sound. In 1775, a second expedition was determined on by the viceroy of Mexico. The Santiago was commanded by Bruno Heceta, Perez going in her as ensign. She was accompanied by a small schooner of thirty tons, Ai nio Maurelle being the p=iot. Heceta set sail in March, from DISCOVERY OF OREGON. 13 lorth. In an- sovcrcignty of vas impossible r saw that part le left the port iig across the England, arri- vice of Spain, rth. which now ^en to his state- issertions. nt in Spain as 2 Atlantic and rs to ascertain, 3pring of 1595, I, and gave the vever, proceed fore the end of 1 was made on ips and a small o. After pro- fid named San J, to which was sailed as far as " March, 1604, session of what 1 before. This or more than a nts, under Por- ■astern coast of ilished the first establishments brnia, the most made in 1776. mder the com- orth. He was Monterey. In 4° N. He ex- )ay, to ivhich he e time, trading ^ook afterward lou'ii as Nootka by the viceroy ta, Perez going looner of thirty n March, from San Bias, and on the 10th of June cast anchor in a small cove, lying a little north of Cape Mendocino, in latitude 41° north. He remained here nine days, refitting his vessels. He called the port, Trinidad ; and after erecting a cross near the shore, with an inscription, he set sail for the north, reaching the latitude in which Juan de Fuca was supposed to have dis- covered the strait leading eastwo'l, through the Continent. Contrary winds drove him southward, to wit. .in eighty miles of the Columbia River, where he anchored between the Continent and a small island. Here, several of the crew of one of his vessels were murdered bv the savajjes, and the vessel itself with difficulty was saved from falling into their hands. In consequence of this misfortune, the island was called Isla de Dolores, (Island of Grief) On the lAth of August, 1775, Heceta discovered a promontory, tohich he called Cape Sa7i Roqtie, and immediately south of it. in latitude 46°, an OPENING in the land, tohich loas cither a harbor or the mouth of a River, This opening, represented in Spanish charts by the names of Entrada de Heceta, Entrada de Ascencion, and Rio de San Roque, was undoubtedly the mouth oj the Columbia River, which was thus discovered by the Span- iards. Maurelle, in the other vessel, continued on to the northward, and in lati- tude 57° north, saw the land. Here a lofty mountain, in the shape of a beautiful cone, was discovered, and called by them San Jacinto, ance named Mount Edgecomb. Near it, two bays were discovered, one north and the other south of the mountain. The first was named Port Remedies, and the latter. Port Guadaloupe. Here Maurelle landed, and took possession of (he country in the name of his sovereign. After sailing as liigh as 58° north, owing to the sickly state of the crew, he commenced his return, search- ing, as he went for the Rio de Los Reyes, a passage which was supposed to lead into the Atlantic. In the course of the search, a bay was found, affording a most excellent harbor, which was called Port Bucareli. On the 19th of September, he reached the Isla de Dolores. Thence Maurelle continued, some distance from the land, past the mouth of the Columbia River. A little south of this the great stream was sought, which was said to have been discovered by Aguilar, in 1603. He commenced his examination near a promontory, in shape like a table, which was called Cape Mesari, situated in latitude 45° 30' north, and continued it to Cape Mendocino. He then made for Francisco ; and, while seeking that port, discove'.ed a smaller bay, which he named Bodega. He arrived in Mon- terey on the 7th of October. From 1776 to 1778, vessels under liie English, Portuguese, and the Austrian flags, were engaged in the fur trade on the northwest coast of America. But none of them did anvthinij more than to follow on the track of the previous explorations of the Spaniards. About this time the reports of various navigators began to be credited, that a water communication really existed between the Atlantic and the Pacific Oceans. In order to settle this question, England sent out two ships, the Resolution, Captain Cook, who had ciiarge of the expedition, rfe 14 DISCOVERY OF OREGON. .» ' and the Discovery, Captain Clarke. They loft Plymouth, July, 1776. but did not reach the northwest coast until March, '78, when they made the land a degree or two north of Cape Mendocino, The coast was care- fully examined northward in search of a strait to reach the Atlantic, till the 29th of March, when he anchored in a hay called Nootka Sound. This sound is the same as San Lorenzo, discovered by Perez four years before. Cook next saw a lofty peak, which he called Mount Edge- comb. This had been called by the Spaniards, San Jacinto. Two days afterward he saw two isolated mountains, one of which he named Mount Fairweather ; the other was known as Mount St. Elias, described in the accounts of Beehring's last voyage. Here, the coast was observed to trend to the westward, instead of the northward, as represented in the liussian charts. From this point. Cook commenced his survey of the coast, in hopes of finding a passage round the northwestern extremity of North America into the sea, said to have been discovered by Fcrne. He was, of course, unsuccessful, and returned as far south as Owyhee, where he was murdered. In the following summer, Captain Clerke, upon whom the command of the expedition devolved at the death of his superior officer, endeavored to effect a passage to the Atlantic through the Arctic Sea. The ice prevented his ships from advancing as far as they had the year before. On account of his health, he returned to the south before the end of the wawn season, and died near Petro Pawlosk on the '22m\ August. Captain John Gore next took conunand, and the ships being unfit to en- counter the storms of an icy sea, he returned to England by the way of Canton, and arrived in the Thames, 4th of Oetob(M-, 1781. Cook, and those who succeeded him in conunand of the expedition, did not see any part of the coast of Oregon, which had not been previously discovered by the Spaniards. Nootka Sound had been occupied l)y them, four years previously, as a garrison. He even relates in his Journal, that he found among the natives there weapons of iron, ornaments of brass, and spoons of Spanish manufacture. He made no discoveries between latitudes 42° and 54" 40' north. In the year 1776, while Captain Clerke was making the second attempt to discover the northwest passage, the Spaniards sent out another expe- dition, to enlarge their discoveries on the northwestern coast. Two vessels, called the Princessa and F'avorita, set sail from San Bias, in February, 1779, under the command of Ignacio Arteaga, and Juan Fran- cisco de La Bodega y Quadra. This Bodega was the officer who had explored the Pacific to 58° north in 177.5. Antonio Maurelle again was his ensign, from whose journal the following information is derived. From San Bias the Spaniards sailed directly for Port Bucarelli. the bay discovered by Bodega and Maurelle, in 56° north. This bay, and the neighboring shores, were carefully surveyed. They next saw Mount St. Elias, and proceeded thence along tbe coast, landing and trading with the natives, in the beginning of Au<:ust, tlioy entered a large gulf, and remained there a short time; returning to San Bias in November of tlu same year. When t\ I land, that i The journE ] Admiralty. i published, I given in t'l I prices obla \ expeditiois I United Sta ) In April, 1 small brig ^ the same y j North Paci ' Captain Pc i The mo I great alar ] Madrid, th( I of 1788, tl ^ Martinez, to make e: the globe. During th( ^ the Russia .; the scurvy Bias. Upon th viceroy, ol the viceroj of his sov( ■ his vessel; 1789, and On his i \ Iphigenia, ^ Meares ; i \ commande gaged in tl Martine: that he ha king of Sj I a small is ; Friendly ( command sion of tho and made A. bout two ] had been I 2nd of Jul DISCOVERY OF OREGON. 15 ith, July, 1776. hen they made coast was care- ho Atlantic, till Nootka Sound, erez four years [1 Mount Edge- ito. Two days e named Mount escribed in the bserved to trend in the ilussian jf the coast, in emity of North erne. He was, yhee, where he ke, upon whom superior officer, the Arctic Sea. y had the year h before the end e 22nd August, iing unfit to en- I by the way of HI . Cook, and did not see any y discovered by em, four years 1, that he found ass. and spoons jn latitudes 42° second attempt ; another expe- T coast. Two n San Bias, in and Juan Fran- )fTienr who had relle again was is derived. t Hucarelli, the This bay, and lext saw Mount .11(1 trading with argc gulf, and jvcrnber of ill When the vessels that had been commanded by Cook, returned to Eng- land, that nation was at war with the United States, France, and Spain. The journals of the voyage were placed under the ch arge of the Board of Admiralty, and were not given to the world until 1784, when they were published, with charts, tables, maps, illustrations, etc. The accounts given in the work, of the furs to be obtained in the Pacific, and the high prices ol)'iained for them in China, wus the cause of half-a-dozen trading expeditio'is being made to that coast almost .simultaneously, from the United States, from various parts of Europe, and from the East Indies. In April, 178.3, James Hanna, an Englishman, set sail from Canton in a small brig, and arrived in Nootka Sound in the following August. In the same year, a mercantile association in London, sent two ships to the North Pacific ; the Queen Charlotte, Captain Dixon, and the King George, Captain Portlock, who arrived in Cook's river, July, 1786. The movements of these fur-traders in the Pacific, were the cause of great alarm to the Spanish government. Tn pursuance of orders from Madrid, therefore, the viceroy of Mexico sent from San Bias, in the spring of 1788, the Princessa and tho San Carlos, commanded by Estevan Jose Martinez, for the purpose of watching the foreigners, who had thus begun to make encroachments upon the Spanish possessions in that quarter of the globe. The vessels arrived at I'rince William's Sound in May. During the summer, Martinez visited the forts and factories belonging to the Russian trading establishments, when his crews suffering much from the scurvy, he returned, and sailed back bv the wav of Monterey to San Bias. Upon the return of Martinez to San Bias, he made his report to the viceroy, of the intention of Russia to occupy Nootka. Whereupon, the viceroy immediately determined to take possession of it in the name of his sovereign ; and Martinez was dispatched thither forthwith, with his vessels well-armed and manned. He left San Bias in February, 1789, and arrived in Nootka the 0th of May. On his arrival, he found there two Portuguese vessels, the Felice and Iphigenia, under the direction of an Englishman by the name of John Meares ; and two American vessels, the Washington and Columbia, commanded by Captains Gray and Kendrick. These vessels were en- gaged in the fur trade. Martinez informed the officers of the fphigenia and of the Columbia, that he had come to take possession of the country in the name of the king of Spain ; and having landed his artillery, he commenced a fort on : a small island, at the entrance of the upper arm of the sound, called Friendly Cove. About a week after, the San Carlos arrived, under the command of Lieut. Haro ; and the day following. Martinez took posses- ; sion of the Iphigenia, transferred her men and papers to his own vessel, and made preparations for sending her and her consort to San Bias. About two weeks afterward Martinez released the Iphigenia; and as she had been fully equipped for sea while in his fiossession, she sailed liu the 2nd of June for the northern coasts. A week after the departure of the lil^l 16 DISCOVERY OF OREGON. Captain f ago lo llu since 178 Spaniards mined to extremity and name the native ish vessel.' month. I In April, Van CO live Nootka b^ buildings j 1st Article Escurial. the mouth vent his cr Iphigenia, the Northwest America, a small vessel built on the coast by the crew of the Iphigenia, which had been on a trading voyage to the neighboring coast, returned to Nootka, and was taken possession of by Martinez. ""On the 16th of June, 1789, the Princess Royal arrived at Macao. The King George's Sound Company, and the merchants at Macao, who had sent out Meares, united tlieir interests, and the Princess Royal, b ^longing to this new company, was sent to Nootka. After remaining there some days, she left on a cruise. As she was going out of the harbor, the Argonaut, commanded by Captain Colnett, arrived in the sound. This vessel was also owned by the same company, and her captain had charge of the expedition. When Martinez boarded the Argonaut, he was informed by Colnett that he had come to take posoession of Nootka, and erect a fort under the British flag. Martinez replied, that the harbor was already occupied by the forces of his Catholic majesty. The day following he seized the Argonaut ; the Princess Royal coming a few days after, was also taken possession of. The Argonaut was sent, with most of the prisoners, to San Bias. In August, the crew of the Northwest America were sent off in the Columbia, under Captain Gray ; Captain Kendrick | t'lJs latitud remained on the coa. t with the Washington. In November of the same i that " the year Martinez left the .sound, and sailed with all his vessels for Mexico ; i barrier agi in December, the Columbia reached Macao with the officers and the crew J he could n( of the Northwest America, who made known to the owners of the Argo- 1 place of se naut and Princess Royal these occurrences at Nootka. They immedi- '^ Flattery in ately determined to apply to the British government for redress ; and ^ standing th Meares was dispatched to London for this special purpose, carrying with ence of h him various depositions and papers in substantiation of his claims for '_ extensive redress. The result of his application to Parliament will be found in ; Captain another part of this volume. '. J'iver, de With regard to the American vessels, the following is a brief detail of i May he su the facts: In the year 1787, an association of merchants in Boston had |a week, tra fitted out two vessels, the Columbia and the Washington, for the north- J seen by H west coast. The Columbia was commanded by Captain Kendrick, and ^^ HSS ; the Washington by Captain Gray. They were furnished with letters \^^^ waters from the Federal government, and passports from the State of Massa- :^^ay, and chusetts, and sailed from Boston on the 30th of September, the same year, trailed the The Washington arrived at Nootka on the 3.7th September, 1788. The ^vcr, Cap Columbia arrived some days afterward, and both vessels remained there Jnver he na during the winter. After collecting as many furs as they could obtain, jVancouvor Captain Gray taking command of the Columbia, proceeded with her to JJ^t Nootka Canton, and in the autumn of 1789 thence to Boston, where he arrived in |r»ver aetua 1790. In 1791 the Columbia returned from Boston under Captain Gray, jChalham tc accompanied by the brig Hope, commanded by Joseph Ingraham, the ^l/'f^S nt an former mate of the Columbia. Captain Gray reached the northwest jNootka a f coast in May, and while sailing up the coast, observed an op^^ning in the rO" l«'t his latitude of 46° 16', from which a current issued so strong as to prevent jter nea'ly his entrance, though he spent nine days in attempting to accomplish it. \ er DISCOVERY OF OREGON. 17 n the coast by 1 Captain Kcndrick, who had commanded the Columbia in her first voy- T voyage to the | age to the Pacific, had remained on the coast with the sloop Washington, Possession of by j s'"^^ '^'^^^- ^" August, 1791, while lying at Nootka Sound, fearing the Spaniards would seize his vessel if he attempted to go to sea, he deter- mined to make way through a strait, which he believed existed from the extremity of the iiarbor northwestward, into the Pacific. He succeeded it Macao. The lacao, who had | Loval, b.ilonging \ ^"^ named the channel Massachusetts Sound. This passage, called by nine there some the harbor, the e sound. This tain had charge he was informed otka, and erect the harbor was le day following | few days after, k'ith most of the rthwest America the natives A basset, is not laid down on Vancouver's maps. Two Span- ish vessels, under Malasina, passed through it the latter part of the same month. It was called by the Spaniards, the passage of Buena Esporanza. In April, 1792, Captain Gray fell in with the ship Discovery, Captain Vancouver. The Discovery and the Chatham had been sent out to Nootka by the British government, to take possession of the land and buildings at Nootka, to be surrendered by the Spaniards agreeably to the 1st Article of the treaty of 1790, commonly called the Convention of the Escurial. Captain Gray informed Vancouver, that he had discovered the mouth of a river in latitude 46° IG', which set out so strong as to pre- vent his entering it for nine days. Vancouver, in his journal, speaks of laptam Kendrick 1 this latitude as having been passed by him two days before, and remarks iber of the same ,| that " the whole coast formed one compact, solid, and nearly straight sels for Mexico ; | barrier against the sea," and thai he was " thoroughly convinced that ers and the crew I he could not possibly have passed any safe navigable opening, harbor, or ers of the Argo- I place of security for shipping on the coast from Cape Mendocino to Cape Thev immedi- i Flattery in latitude 48°, nor had he any reason to alter his opinion, notwith- br redress • and ■ standing theoretical geographers had thought proper to assert the exist- e carrvino" with cnce of large inlets, communicating wiih a mediterranean sea, and if his claims for ' extensive rivers with safe and convenient ports." vill be found in ' Captain Gray, satisfied that he had discovered the mouth of a great 1 river, determined, if possible, to enter it with his ship. On the 11th of brief detail of ^^^y ^^' succeeded, and sailed up about twenty miles, where he remained ts in Boston had 1^ week, trading with the natives. This opening in the coast had been for the north- -seen by Fleceta in 1775, and the coast had been examined by Meares, in' Kendrick and ^^ ITBS ; but the latter left it, under the conviction that no river emptied shed with letters i^^s waters into the ocean in that bay. He called it, therefore. Deception State of Massa- W^Y^ ^"f^ the cape on the northern side. Capo Disappointment. Gray >' the same year, fcalied the extremity of the land on the south side of the entrance of the V r i'7R8. The Iriver, Capo Adams, and the one on the north side. Cape Hancock. The I remained there friver he named Columbia, after his ship. The following October Captain hev could obtain, fVancouver, having learned from Quadra, the Spanish officer in comm d ded with her toj^t Nootka, to whom Gray had communicated his discoveries, that a great e he arrived in F^ver actually existed in latitude 46° 16', sent Captain Broughton in the 1 Cantain Gray/^^^^*^^^^^"" to explore it. On his arrival at the mouth of the'river, he found \ I eraham theUi/'^XA' «^ anchor there the brig Jenny from Boston, which had sailed from ^ 1 the northwest Nootka a fow days previous. Finding the channel too intricate, Brough- •^nine in the ton left his vessel at the mouth of the river, and proceeded up in his cut- ^" °^ f^tvovpnt ter nearly one hundred miles. On the 10th November, the Chatham rong as to pi event; j to accomplish it. 18 J>ISCOVKRY OF OREGON. quittpd the ('ohiinbia, in comi)aiiy with the Joiiny, and sailed for the bay of San Francisco, wlicre she arrived before the end of th^ month. In the meantime, Nootka had again been occupied by the Spaniards. Don Francisco Eliza had been sent;1,from Mexico in 1700, and made an un-successful attempt to explore the Straits of P'uca, In 1792, the Span- iards had endeavored to form a settlement on the other side of the Straits | ol' Fuca. This place they soon after abandoned, on account of the inse- | curity o( the anchoraije and the dilliculty of obtaining provisions. In | tiie spring of 17!)"J, the Spanish authorities sent three vessels, the corvette ■ A.ran7.a/.a, and two small sloops, the Sutil and Mexicana. from Mexico, to examine certain pavt.s of the coast that had not been visited by Malas. ina, who had circumnavigated the globe in the years 1791, '9:2, and '9,*i This expedition, and odiers .sent out by Spain, explored the groups c islands and main land lying betwcen'Vancouver's Island and latitude 5"v north. In August. 179"J. aftei the arrival of Vancouver at Nootka, negotia i tions were commenced between him and Quadra, the Spanish military i governor of Nootka, respecting the tran.-ifer of the land, tenements, etc. ■ claimed by Great Britain. They were unable to agree upon what was t be re.stored, according to the ])rovisions of the treaty, and the matter wa- \eh in statu quo; the whole afrair,^witli what additional information the\ could obtain, being submitted to their respective governments. It may b- well here to remark, that it was never after even acted upon. In Octo. ber following, Vancouver left Nootka for the southward. Captain Quadn departed for Monterey, and the Columbia and brig Hope sailed hom^ j ward, via. Canton. Subsequently, the British government .sent out Ca; | tain Broughton, the late commander of the Chatham. He left Prov dence in October. 1794 ; and in April, 1796, he arrived at Nootka. Bt the Spaniards had left, " having previously delivered up tlie port of Nootk to Lieutenant Pierce," who had been dispatched from England to Nootka| by the way of ^*lexico. This account is given by Broughton, in hisjour| rial of his voyage, page r)U.,'a,Belsham, however, says in his History Great Britain, vol. viii., page^337: " // is, nevcrtlieless, certain, fm (lie most authentic subsequent information, that the Spanish fiag , jlijiiig at tl fort and settlement of Nootka, was never struck ; and that the xidiole terr torij has been virtual/ 1/ relinquished by Great Britain." In the meantime, while the surveys and explorations of the coast we: in progress, two or three expeditions were undertaken over land. T\ object ;ii view, v.as to advance the interest of the fur companies. Alexander Mackenzie, a Scotchman in the employ of the Northw Fur Company, left their westernmost post, at Athabaska Lake, near ti fifty-ninth |)arallel of north latitude, and about eight hundred miles br yond Laki' Superior. He proceeded in a boat down the Slax'e Rix which runs out of the lake directly northward, and descended into li. Great Slave Lake. Thence he continued northwestward down anothe- and mucl) larger stream, to which Jie gave his own name, and followed to lis Jerrni Chippcwyj In Octol tying into ally called Crossing tl the Tacoot directly W( 30' north. For nea Great Brit; to the settl January \i recommen( An underti result. Til principal b he Pacific which migl In accor expedition the Rocky command 1 to its junct ocean. T] side of the ersed the part of the In the sprj ment of t post on the north latiti In 1808, a trading In 1810 Mr. Astor, March, 18 mouth of was select the project under the Company, sion ; but the summ( company i gan with diately aft D1SC0VI]RY OF OREGON. 19 ilcd for the bay mouth. T the Spaniards. ] ), and made an 1792, the Span- , 'e of the Straits )unt of the inse- provisions. In els, the corvette from Mexico, sited by Malas- 1, '0-i. and '95^ ) 'd the ifioups o: | and latitude 55- Nootiva, ncgotia I Spanish militarv , tenements, etc. ipon what wa.s t d the matter \va information the} lents. It may h. upon. In Octci Captain Quadrti [ope sailed home | lent sent out Caj I , He left Prov j at Nootka. Bt the port of Nootki ngland to Nootka, ghton, in his jour in his History o' 'ess. certain^ froi I flag , jhjiiig at U at the whole ten of the coast wcr over land. Ti' )mpanies. of the Northu a Lake, near til lundred miles I the Slave Riva escended into t:.! ard down anothc ne, and followed to its lerrnination in a sea, 69° north latitude. He then returned to Fort riiippcwyan, the rsfablishmcnt on Athabaska f^ake. In October, 197 J, Mackenzie ascended the P^ace lliver, a stream emp- tyinfi; into the Lake-of-the-Hills, or Atliabaska Lake, as it is most gener- ally called, and followed it to its sources among the Rocky Mountains. Crossing the mountains, he embarked upon another lar^o stream, called the Tacootchee, which he descended a short distance, and tJKMi making directly westward, reached the Pacific, .Tiily '.!'2nd, 179Ii, in latitude 52° 30' north. P'or nearly twenty years after the declaration of war by Spain against Great Britain, in 1796, no event of any importance took jjlace, in regard to the settlement or occupation of the Territory of Oregon. In 1803, January 18th, President .Teflerson sent a confidential message to Congress, recommending the e.xaun'nation of the northwestern part of America. An undertaking, known as the e.vpedition of Lewis and Clarke, was the result. Tiie.se officers were intructed toe.xplore the River Missouri and its principal branches to their sources, and then to trace to its termination, in he Pacific, some stream, the Colundiia, Oregon, Colorado ; or any other which might offer a practical water communication across tiie Continent. In accordance with their instructions, Lewis and Clarke set out on the expedition the 14th of May, 1804. In the summer of IBOo, they crossed the Rocky Mountairs. On the 15th of November, the party under their command landed at Cape Disappointment, having passed down the Lewis to its junction with the Columbia, and tlience down the Columbia to the ocean. The winter of 1805-0 was spent at Fort Clatsoj), on the south side of the Columbia. This was tlje first party of whites that ever trav- ersed the Oregon Territory ; nor did a British subject ever visit any part of the country drained by the Columbia, until the summer of 1811. In the spring of 1806, Mr. Simon Frazer and some per.son in the employ, ment of the Northwest Company, established the first British trading post on the west side of the Rocky Mountains, near the 54th parallel of north latitude, on tiie border of a .sheet of water now called Frazer's Lake. In 1808, the Missouri Fur Company, formed at St. Louis, established a trading post on the Lewis River, the southern branch of the Columi)ia. In 1810, the Pacific Fur Company, under the direction of its originator, Mr. Astor, determined to make a settlement on the coast. On the 23rd of March, 1811. the ship Tonquin. belonging to the company, arrived at the mouth of the Columbia. After landing the goods and j)assengers, a site was selectpd about eiwht miles up the river, and was named in honor of the projector. Astoria. About four months afterwar.!, a nundjcr of persons, under the direction of Mr. Thompson, the astronomer of the Northwest Company, arrived at the mouth of the Columbia, intending to take jjosses- sion ; but they found it occupied by the Pacific Fur Comi)any. During the summer of this year, several trading posts were established by the company in the interior, the principal ofie at the confiuence of the Okana- gan with the Columbia, about four hundred miles irom Astoria. Imme- diately after the news of the declaration of war iuid reached Astoria, the •)* 20 DISCOVERY OF OREGON i (0 partners of the company who were at the post, havinj? ascertained that n large armed ship, under convoy of a frigate, were on their way to take and destroy everything in that quarter, agreed to sell all their property, furs, csail)li.shments, etc., to the Northwest Company. During the progress of the negotiation, the IJritish sloup-of-war Racoon, entered the Columbia. The captain of the Racoon took possession of Astoria, low. crod the American flag, winch was Hying at the factory, hoisted that of Britain, and changed the name of the factory to Fort George. According to the first article of the Treaty of Ghent, on the Gth of October, 1818, Captain Micky of the British frigate Blossom, and .Tames Keith, the super- inlcndent for the Northwest Company at Fort George, surrendered to Mr. J. B. Prevost, the com Blossom, '* J. KciiTH, Agent of the Northwes. Company." The acceptance is as follows: "I do hereby acknowledge to have received, in behalf of the Grovern- ment of the United States, the possession of the settlement designated above, in conformifv to the first article of the Treaty of Ghent. Given under my hand in triplicate, at Fort George, Columbia River, this 6tli day of Ocioder, 1818. " J. B. Prevost, Agent of the United States." By the same Treaty of Ghent it was also agreed, chat the parties thereto shall have, for a limited time, equal rights of trade and of settlement in Oregon ; and that such occupancy as shall accrue therefrom, shall in nowise affect tho final sotllomi^nl of the title to the sovereignty of the Ter- lilory, etc. This agreement has been renewed, fror time to time, since that date — a tenancy in common, subject to be determined on twelve months notice from cither party. The question of title is there- fore an open one. It reverts back upon the questions of prior discovery and occupancy, treaties and the laws of nations, which we shall nov proceed to consider. T le Spai side/ed. T whenever a support her of history b matters as t Oregon Tei All Brit I very oomph I to them. " I country, an( taking posse sovereign." other one sa to the count sert boldly ; Britfiin the account of we think F fskfttch, take sary to a fu '« The fir ica, was the |PIymouth, dred tons ; Mary gold, in all, one h on a voyage was indeed was, in real American C unknown n the Atlantic put into a h to his passa oalv *e:-ich( BRITISH CLAIM TO ORRGON 21 certained that n j Tie Spanish discoveries and occupancy, wo havo already cursorily con- loir way to take |side/ed. The British explorations of the coast, also, have been noticed ; their property, j whenever anything was accomplished on which that nation has relied to DurinjT thn | support her pretensions to the Orej^on Terrinry. And, with this outlino non, entered the jof history before us, we will proceed to make use of it, and such other )f Astoria, low- 'matters as may properly belong to the question uetbre us, viz: Who owns , hoisted that of | Oregon Territory ? go. According October, 1818. vcith, the super- surrendered to "lited States, tht less, the Prince e the Earl Ba- iwest Company, to a subsequent captain of his onformity to tho 3nt of the United tlernent of Fort s in triplicate at shijy Blossom, lompany." fof the Grovern- ment designated Ghent. Given I River, this 6th nited States." e parties thereto of settlement in M'efroin, shall in gnty of the Ter- time to time, ! determined on of title is there- ' prior discovery li we shall nov C H ; P T E R II. OREGON DOES NOT BELONG TO GREAT BRITAIN. ; All British writers upon the siibject of the Oregon Territory, assert, ] very complacently, that the right of prior discovery belongs exclusively Ito them. " In 1557," says one writer, "Admiral Drake discovered tho (country, and pushed his discoveries to the 47tii degree of north latitude ; taking possession of the country along his route in the name of the British ^sovereign." That assertion, of course, occupies the whole ground. An- I other one says : " He (Drake) sailed from 38° to 48°, assuming the title ;|to the country by virtue of a cession of one of tho chiefs.'" Now, wg as- |sert boldly and fearlessly, that ^o direct evidence can be produced giving '^Britain the least title to the right of sovereignty ; nor, judging from tho account of that part of the voyage relating to Northwest America, do I we think Francis Drake saw the Oregon at all. The following brief Isketch, taken from Hakluyt's Collection of Voyages, is all that is neces- sary io a full understanding of the case : " The first British vessel that visited the western coast of North Amer- ica, was the Pelican, commc ided by Sir Francis Drake. He sailed from Plymouth, England, in 1577, with five vessels: — the Pelican, of one hun- dred tons; the Elizabeth, of eighty tons: the Swan, of fifty tons; the Marygold, of thirty tons ; and the Ciiristopher, of fifteen tons ; carrying, in all, one hundred and sixty-seven men." The fleet was ostensibly bounu ion a voyage to Egypt. But, to use the words of the English writer, " it was indeed one of the most extraordinary expeditions ever equipped." It was, in reality, a piratical expedition against the subjects of Spain on tho American Continent. Tiie intention was to plunder the Spaniard, explore unknown regions, and circumnavigate the globe. After drifting about the Atlantic for some time, Drake took a prize of considerable value, and put into a harbor on the coast of Patagonia, to refit his ships, preparatory 'i his passage through the stormy Straits of Magellan. Three of his ships iW ''ei-^choi the Pacific, and theae scon afterward were dispersed in a imiTIiSH CLAIM TO ()RE(;ON. dieadful i^alc, aiifl all lost, except the IVliean and sixty men. With this crafl, Drake saile anchored. (I south to the •eniained from the surround- f- in crowds to iduct of Drake )ns of the sav- tho fable says, o this proposi- cd the "crown gnia of savage let to reject, as country." He Dry. Thus runs ce left the coast 30th Septem- , 1580. the northwest ncis Drake into ' the earth ; be- )n by Hakluyt, )rake, collected s employment ; same voyage." dition, the 43rd north that was , and in his ac- las, in his " Pil- imit of his di.s- Mition the 48th Francis Drake, ing. The rca- r the '• Famous • narrating the vol. ii., page 434. Icircumstancps of the visit of Drake to Now Albion, and of his acceptaiico lof the sovereignty, hf says: •• It secmcth that the Spaniards had never Jbcen in this part of the coast ; neither (h'd they eve r disxovcr tlie land by many degrees to the .southward of this phico." The discoveries of Cabrillo and Ferrelo iiad been kept a sccrrt by tli." S|)aniurd.-;. .^o that thry were not known in I'lngland, until after Hakluyt hud published his work in 1580 ; and "die 'i:)rd rlegree north, was supposed to be far enough to u'ive the English some title to territory in Nortliwest America. When, how- ever, it became known that the Spaniards iiad puslied their discoveries to the 44th degree, English historians and (;omj)ilors inserted forty-eight de- Agrees instead of f>rty-thrrc. .\dmiral Sir \Villi,'uii .Munson, in his ■• Na- . val Tracts,*' published in 1710, remarks: •• Drake, aftei- sailing from the ; 16th of .\pril to the 5th of Juiu;, anivod in 4S^ north ; and seeing land, ; he named it New Albion." And he further .states, " that the inhabitants I were living there in great e.\trt>mity of coAZ and want." I We will now give the following extracts, from^three English authors, I relative to these discoveries ; and, after making a few connneiits, leave il \ to the reader to judge what claims the English have to Oregon Territory, j from this piratical expedition of Sir Francis Drake. From vol. iii., page 523, Hakluyt's English Navigator, we have the fol- lowing paragraph : ; " The 5tli day of June, beihg in 43° of the pole Arctic, i)eing speedily ] come out of the extreme heat, we found the air so cold that our men, being ' pinched with the same, complained of the extremity thereof: and the fur- ther we went, the more the cold increased upon us. Wherefore, for that time, we thought it best to seek the land, and did ,so, i ^,ing it not moun- tainous, but low, plain land ; and we drew back agai.i, without landing, till we came within 38° toward the line, in which height it pleased God to ? send us into a fair and good bay, with a good wind to {>nter the .same. In i this bay we anchored on the 17th of June." • The following extract is from Piirchas's Pilgrimage, book 2nd, page 52. i " The fifth day of June, being in three-and-forty degrees toward the ^ pole Artie, we found the air so cold that our men, being grievously pinched I with the same, complained of the extremity thereof; and the further we ,■ went the more the cold increased upon us. Wherefore, we thought it i best, for that time, to seek the land, and did .so, finding it not mountainous, ■ but low, plain land, till we came within eight-and-thirty flegrecs toward the line, in wiiich height it pleased God to send us into a fair and good bay, with a good wind to enter the same." The following extracts are from the " World Encompassed :" "FromGuatulco we departed, April 15. setting our course directly into the sea ; whereupon we sailed five hundred leagues in longitude to get a wind, and, between that and the 3rd of June, one thousand four hundred . leagues in all, till we came into the latitude of 42° north ; where, in the I night following, we found such an alteration of the heat into extreme and nipp-ng cold, that our men, in general, did grievously complain thereof. 24 BRITISH Of. AIM TO ORKiJON ♦ ■c * It camo to that cxtromity that, in sailinr; hut two rlngrcns farthnr to the northward in our coursi;. • ♦ * * Our iricat, as soon us it was rcniovod from the fire, would pnisoiitly, iu a rnaurinr, bo fro/.on up ; aud our ropes and tacklin<(, in a ihw days were grown to that stilFness, that what three men before won; rble to perform, now six men, with ihcur best strength and utmost endeavor, were hardly able to aeoomplish * * * * The land, in that part of America, bearing farther out into the west than wo before imagined, we were nearer on it than we W('re aware, and yet, the nearer still we came unto it, tlu; more extremity of cold did s(Mze upon us. Tho 6th day of June, we wi^re forced by contrary winds to run in with the shore, which we then first descried, and to cast anchor in a bad bay, the best road we could at present meet with ; where we were not without some danger, by reason of the many gusts and Haws that beat upon us. *** * In this place was no abiding ior us, aud to go farther north, the extremity of the cold would not permit us; and the winds directly beat against us, having once gotten us under sail again, commanded us to the southward, whether we would or no. From the height of 48° in which we now were, to 38°, wc found the land, by coasting along it, to be low and reasonably plain, every hill, whereof we saw many, but nonk vkry high, though it were in June, and the sun in his nearest approach unto them, being covered with snow. In 38° 30', we fell in witli a convenient and fit harbor; and, Juno 17th, came to anchor therein, whore wo continued till the *23rd of July ; during all which lime, notwithstanding it was the height of snrmner, and so near the sun, yet we loere constantly visited with like nippi:^g cold as we had fell before ; neither could we, at any time in the whole fourteen days together, find the air so clear as to be able to take the height of sun or star. **** How unhandsome and deformed appeared the face of the earth itself, showing trees without leaves, and the ground without greenness, in those months of June and July. **** Kor the causes of this extremity of cold, * * * * the chiefest we conceive to be the large spread- ing of the Asian and American continents, which commences northward of these parts, if they be not fully joined, yet seem to come very near each other ; from whose high and snow-covered mountains, the north and northwest winds, the constant visitors of these coasts, send abroad their frozen nymphs. " * * * And that tho north and northwe^st winds are here constant in June and July, as the north wind alone is in August and September, we not only found it by our own experience, but worn fully confirmed in the opinion thereof by the continued observations of the Spaniards. * * * * Though we searched the coast diligently, even unto the 48ih degree, yet found we not the land to trend as much as one point, in any place, toward the east, but rather, running on continually north- west, as if it went directly to meet with Asia." Above, we have given the English authorities upon which Great Britain claims the Oregon Territory by right of prior discovery. The part of the coast said to have been seen by Drake, is from 38° to 48° north. The sea- son of the year when this was seen, was the summer solstice ; the face of tho country was low and reasonably plain, and the climate cold and pinch- in;;; tn- with snow Now, if ica, betwe country w ture, or an too, pinchi all claim, 46° north, leans, on t France, even as la latitude 3^- 23rd of i\ were const was so del and the tn unknown ; eternal grc It is the la there ; an^ snowy hill much for t Now with north," tlu low and re gon Terril hanging w narrow gy the Pacifu found the east, but i meet Asia the latitud latitude 3 bears gen almost ill eastwardl ceivsd, tV seen the scription upon US Bucanee he succe obtained falsehoo( Oregon ' ■iaj^w»dbjiA.::ii C-;.r-iir on us. The ill with the bad hay, the not without eat upon us. ler north, the directly beat iJed us to the in which we be low and !•: VKRY HIGH, I unto them, ivenient and 'o continued J it was the y visited with ly lime in the 3 to take the appeared the ound withoid a uses of this r^'c spread, s northward 3 very near le north and abroad their ds are here August and worn fully ions of the , even unto s one point, ally north- 'eat liritain part of the The sea- the face oS and pinch- ing j tri'- n'.Ks, aai m:;-./' w.io very many, thoufry hi^k, covered with snow. Now, if (Jreat Hritain can find on the northw(;si coast of North Amer- ica, between the paraiicds of latitude claimed by th<; United Slates, a country with su(;li a climate and such a sliaped coast, or such a tempera- ture, or any such snow-clad hills — not v(^ry high r(,'collect, and the weather too, pinching cold in July — why then to that country we will relinquish all claim, forthwith. The latitude of the mouth of the (yolumbia river is 46° north, and th(j tetr>p(!rature is as mild as iti th(; latitude of New-Or- leans, on tin; eastern side of th is pretended to have discovered. Now with regard to the face of the country. " From the height of 48° north," the highest point said to have been reached, " to 38°, the land was low and reasonably plain." The fact is otherwise. The coast of Ore- gon Territory from Cape Ivlendocino to the Straits of Fuca, is an over- hanging wall of rough basaltic mountains, broken only at a ^ew points by narrow gynes, the gates of the Columbia and other streams that fall into the Pacific Ocean. " Between these latitudes (38° and 48° north,) we found the land not to trend so much as one point in any place toward the east, but rather running continually northwest, as if it went directly to meet Asia." This descrii)tion of the shape of the coast of Oregon between the latitudes of 38° and 48° does not at all correspond with the fact. From latitude 38° to 48° north, it runs northwesterly, and then for about G° bears generally a few points eastwardly, and thi-n runs a d(\gnM3 or two almost due north — thence a few points northwesterly, and then trends eastwardly toward the cnirance of the Straits of Fuca. [t will be per- ceived, therefore, that if vv(! should condescend to allow Drake to have seen the coast of Northwest America betwwju 38° and 48°, his de- scription of the shape of that part of it would cast our condf^scension back upon us as a most ridiculous absurdity. In truth, that old chief of the Bucaneers probably manufactured this tale to delude! his sovereign ; and he succeeded but too well in his design. II(! was knighted ; and his fable obtained such credence at the time, that his remains — stars, garters, and falsehoods, are exhumed now to testify against the right of America to the Oregon Territory. •26 BRITISH CLAIM TO OREGON. - 1^ i( I 4 We have observed before in this notice of Drake's voyaire, that ovvinmand to the order of the viceroy of Mexico, should lie [)ronounce her capture legal. Having boon completely equipped by tiie Spaniards, she sailed on the 2nd of June for the northern coasts, where a large and valuable quantity of furs were collected, prior to her leaving for the Sandwich Islands and Canton. 30 BRITISH CLAIM TO OREGON. About a week after the departure of the Tphij^^enia, the Northwest America returned to Nootka, and was immediately seized by Martinez. A few days afterward the Princess Royal arrived in the sound, under the command of William Hudson. She brought information of the failure of Juan Cavallo, the Portuguese merchant ; whereupon Martinez determined to hold the Northwest America, in satisfaction for the amount of the bills drawn upon Cavallo, in considerr.tion of the release of the Iphigcnia. On the 2nd of July, the Princess Poyul sailed from Nootka on a cruise. As she was leaving the sound, the Argonaut came in from Macao. She was boarded immediately by the Spanish ouniiiiandant. Captain Colnett, upon being informed of what had taken place at Nootka, informed Martinez that he had come to take possession of Nootka, and erect a fort under the British flag. Martinez replied, that the place was already occupied by the forces of his Catholic majesty. On the following day, July 4th, Martinez invited Colnett to an inter- view on board his ship. Captain Colncit went, and an altercation took place between them, in the cabin, the result of which was the arrest of Colnett, and the seizure of the Argonaut. On the 13th July, the Princess Royal arrived, and was taken possession of by the Spaniards. On the day following, the Argonaut sailed for San Bias with all the British prison- ers taken at Nootka, under the charge of a Spanish lieutenant and crew. The crew of the Northwest America were embarked as passengers on board of the Columl)ia. She sailed in August from Nootka, by way of China, to the United States under command of Gray. Kendrick remained on the coast in the Washington. In November, Martinez left for San Bias, leaving Maquilla in quiet possession of his dominions. The Colum- bia left Macao in December, 1789 ; and the seizure of the Argonaut and Princess Royal being made known to her owners, they immediately re- solved to apply to the British government for redress. For this object, Meares was sent to London with the papers necessary to substantiate the claims for damages agamst the Spanish government. The question to be decided upon a review of the above recited facts, is simply this : did the British crown "acquire the right of sovereignty to Oregon Territory by any act of Meares's during his stay at Nootka, in 1787 or 1798 1 ' ' The Felice and the Iphigcnia, tiie two vessels engaged in the fur trade, under his control, were Portuguese vessels, fitted out in a port belonging to Portugal ; their papers Portuguese, the flag Portuguese, the vessels the property of Juan Cavallo, a Portuguese merchant at Macao ; commanded by Portuguese captains, under instructions in the Portuguese language, to seize, under certain circunistances, PiUglish vessels, ani bring them into Macao for condemnation. All this was done, says Meares in his memorial, to avoid the payment of port charges at Macao. But it must be borne in mind that after Meares left Macao, he gave to Douglass, the supercargo of the Iphigcnia, the same instructions that the merchant proprietors had given him. The vessels retained their national character while lying at Nootka ; and when Martinez, after having held possession of the flag, w) Felice hi Suppose! for a feA on the sovereigi had littef istered sels, witl as the p| ject was! operatioi by theirl on arriv by anotl country moment of Franc ish S7ihj( in his in flag he from hii his own right of for himi instruct: the exp( have b( have be the ves! ance, 1 tional 1 Vatt( with a I lands ii nation : lowed h MISSIOI from tl seems crew, tract a the ac contcn were aband BRITISH CLAIM TO OREdON. 31 the Northwest d by Martinez, •und, under the f the failure of lez determined unt of the bills Iphigenia. On a cruise. As cao. She was 1 Colnett, upon ■med Martinez fort under the y occupied by tt to an inter- Itercation took 3 the arrest of i, the Princess On the day British prison- mt and crew, lassengers on ca, by way uf lick remained left for San The Colum- Argonaut and mediately re- r this object, bstantiate the sited facts, is >ve reign ty to It Nootka, in lie fur trade, >rt beloneinir e vessels the commanded e language, bring them :iares in his But it must ouglass, the e merchant il character cJ possession of the Iphigenia, released her in May, 1789, xhc hoisted the Forluguese flag, while she remained in Friendly Cove, and li'fi the sound, as the Felice had done Icforc her. lo all intents and purposes a Portuguese ship. Suppose, for the sakeof argumont, that Meai'os had bought Nootka Sound for a few sheets of copper ; suppose ho iuul taken possession of the coast on the Straits of Fuca ; by what authority could England claim right of sovereignly in virtue of such acts ? Suppose some merchants in liondon had fitted out a small fleet, under the command of English subjects, reg- istered as English vessels, paying duties and port charges as English ves- sels, with instructions in \]w English language, and the vessels entered as the property of well-known English mcnchants ; suppose that the ob- ject was to prosecute a new and lucrative branch of trade, and the trading operations to be conducted strictly in accordance with instructions given by their English proprietors, and all intrusted to a Frenchman, and he, on arriving at his destination — a country discovered and j)artly occupied by another power — should hoist ihe French flag and take possession of the country in the name of tlu; king of France ; — does any one believe, ibr a moment, that the right of sovereignty could be thus acquired for the king of France ? Yet this is precisely the case with Meares. He was a Brit- ish subject, and might have an undoubted right to any property he could, in his individual capacity, acquire by purchase or barter, no matter what flag he was sailing under ; and should that property be forcibly taken from him by a national vessel bearing another flag, he could memorialize his own Government, to obtain a proper indemnity for his losses. But the right of sovereignty, according to the laws of nations, he could not acquire for himself or his prince, while sailing under another flag, and under instructions to capture the ships and subjects of his sovereign. In fact, the expedition was a Portuguese, not an English one, and whatever might have been accomplished in the way of discovery or of occupancy, must have been under the protection, and for the benefit, of the nation to which the vessels belonged, according to the evidence of her papers, her clear- ance, her instructions, the recorded ownership, etc. This is interna- tional law — such as would be in all cases enforced by England. Vattel, (page 99.) expressly says : " Navigators on voyages of discovery with a commission from their sovereign, and meeting with islands or other lands in a desert state, have taken possession of them in the name of their nation ; and this title has been usually respected, provided it was soon fol- lowed hy a real possession." Now we contend that Meai'es had not a com- mission from his sovereign, that he was not on a voyage of discovery — that from the day the vessels left Macao, bound on the expedition of which he seems to have had the charge, the vessels, and of course the officers and crew, were under the Portuguese flag ; that Meares did not purchase a tract of land, and that he erected no othei building save a hut, built for the accommodation of the workmen while the vessels lay at Nootka. We contend, that in 1799, when the Spanish took possession of Nootka, they were the first to occupy the island, and that when in 179r> the Spaniards abandoned Nootka, thev lost not their right lo the sovereignty of Oregon 82 BRITISH CLAIM TO OREGON Territory, for this reason, aruonjv many others equally cogent : — that Eng- land has never since that date occupied it, in such manner as to acquire title as against Spain or us. Wy Drake's and Meares's operations then, England can claim no right of sovereignty over Oregon ; and wo have '■hown timt the English, prior to the treaty of 1790, had no right of sove- reignty to any portion of that territory It is therefore very certain, that they have, at this day, such rights and privileges only as they dcnvcd from the third and fifth articles of the treaty aforesaid ; hy wliich the subjects of Great Britain were permitted to navigate, and fish in the North Pacific ; to trade or settle for jjurpcscs of trade, in unoec;upied parts of the western American coasts, north of the parts occupied by the Span- iards before April, 1789 ; and to have free access to any Spanish sottle- inenis on the parts thus designated. We have thus far given an account, taken of course from British au- thorities, of the voyages of Sir F. Drake and of John Meares. The right of sovereignty to Oregon Territory has been claimed by Great Britain, on the grounds following : 1st. From discovery hy Drake. 2nd. Prior occupation by Meares. Drake, when he sailed from England, sailed un- der the British flag, and it was given out that his little fleet was bound to Egypt. From his own account, it appears, however, that he had heard that many of the Spanish settlements on the western coast of South Ame- rica were so poorly manned, that they would fall an easy prey to an un- expected invader. Spain and England were at this time at peace, and if Drake had fallen into the hands of the Spaniards, he would undoubtedly have been condemned and executed as a pirate, as his mate afterward was, and could have claimed no protection from the English government. That he did seize upon their vessels, and rob and pillage their settlements, there is no question. He was a pirate and an outlaw ; and if he had, by the accounts left us of his voyages, given such a description of the coast and of the climate, as would satisfy the world that he did discover any portion of the Oregon Territory, his prior piratical acts would have been an eflectual bar against the English claims derived from such acts. From the before-mentioned facts, it must be remembered, however, that he did not accurately describe any part of the coast, and that the descrip- tion he gave, would only apply to the polar region, which he had not time to reach, and not to the sunny shores of Oregon. But we are se- cured on this point hy the British Foreign Review for 1844. The writer observes: "Although England has disputed the claims of Spain to the Northwest Territory, we really (iannot find any ground for attributing the discovery to Sir Francis Drake." The same writer further observes: " It is now too late to inquire, whether Cnptain Meares and his companions were juslifir.d in cstahlishing themselves u[)on a territory, to the coloniza- tion of wliieh Spain may have had tlu; prior right by discovery. The British govennricnt demandefl and receivecciij)ic(l parts by the Span- ', Spanisii scttle- m F^ritish au- The right ixroat Britain, 2nd. Prior id, sailed un- ci was bound he had heard South Ame- roy to an un- peace, and if undoubtedly ite afterward government. ■ settlements, if he had, by 1 of the coast iiscover any Id have been n such acts, lowever, that the descrip. he had not t vve are se- The writer S[)ain to the • attributing or observes : s cojnpanmis- Hi coloniza- •very. The n Sjjain, for y a treaty.'" Dt too late to irior to the treaty ; f^r if she had not then the right, she ha-; none m\v. for surely tlio treaty conferred none which can avail as auaiiis! our pretensions. We claijn th(^ sovereignty over the Territory of Oregon, from latitude 42° north to latitude 54° 40' north. And we sluill .see, as we advance with this discussion, on what this claim is ba.sed. Having ascertained that the claim of prior discovery hy Sir Francis Drake carniot be substantiated; that there is no proof, save in the asser- tion of Meares, that he could, or did acquire fov Britain any right by occu- pation ; and that the evidence even from his own journal, is on that point conclusive against him, the British government have shifted their ground, and now declare as follows: Since ITOt), I^ngland has not elaimeil any exclusive right of sovereignty over the territory in question ; neither does she 7io?(^ claim any exclusive sovereignty from the 4'2nd to the 49th degree of north latitude. She claims the right of joint occupancy in common with other States, leaving the right of exclusive .sovereignty in abeyance, " for," say the British commissioners, " valuable British interests have grown up in those counties since 1790. To those interests Great Britain owes protection, and that protection will be given, both as regards .settle- ment, and freedom of trade and navigation. All the title that the United States could derive from Spain, amounts to nothing more than the rights secured to her (Spain) in common with Great Britain, by the convention of 1790." The discoveries then of Alarcon, in 1540, of Coronado the same year, of Cabrillo in 1543, of Ferrelo in 1544, of Aquilar in 1603, of Perez and Martinez in 1774, of Quadra in 1775, the explorations of the islands and main coa.st between Vancouver's island and latitude 50° north, all these can give no right of sovereignty to Spain, or if they did, she lost all that right bv the treaty of the Escurial ! We shall go at length into this treaty of the Escurial. Wo shall at- tempt to show what were the complaints, demands, and claims of Great i^ritain ; what were the concessions of Spain ; what the objec*: and inten- tions of the treaty ; and more than all these, what were the opinions of those who made the treaty, as to what rights, privileges, and advantages, Great Britain obtained by it. Let the reader bear in mind, while peru- sing the "Declarationof Spain to the European courts," the memorial of Spain to the British embassador at the court of Madrid — the answer of the embas.sador — the " Reply of Spain ;" the " Declaration" and the '• coun- ter Declaration,"' that although Spain continued throughout the whole negotiation to reiterate her right to the sovereignty of the nortiiwcst coast, and althouiih after the terms of the treaty were agreed upon, in tlio De- claration it is distinctly set forth, as being understood l)y the h.igh contract- ing parties, that nothing in the said " Declaration should preclude or preju- dice fhe ullerlor discusnion of aiii/ r/ considcrati( fact is, thai that has be cation of 8 BRITISH CLAIM TO OREGON. 85 )ration of prop- r tho insulted aid restoration ifaction "^iven, le construction •a in is said to The following Juno 4, 1790, I a brief state- t the territories RANSMITTED TO 3 his ministers s minister, rel- Great Britain. Sound, on the ndersigned, jho inister of Eng- d in writing, to his majesty at I ces, other than { lized by all na- ounded on par- an immemorial. y to enter upon | the dispute in l onference with | nly disapprove I beyond their as an example eceived proper ially passed in f facts has, by le papers and natter, are not ?sel, the Argo- Tined, and that [•ward arrived, full restitution m tho captain, prize ; and on jscl belonging to Macao, and two American vessels. These particulars will be more implicitly proved and elucidated, on ihe arrival of the necessary papers. " The tirsi time that our embassador made a puhlic notification of this matter to the ministry at London, on the 10th of l-'ebruary last, many of the cireujnslances that are now certain, were therj doubtful. The rights and immemorial possession of Spain to that coast and ports, as well as several other titles proper to be taken into view, in a pacijir ncirotiation, were not quite certain. And, if the court of London had made an amicable nsturn to the cotnplaints made by his majesty, relative to tho.se merchants whom Spain regards as usurpers, and the violators of treaties, and had shown any desire to terminate the allair by an amicable accommodation, a great deal of unnecessary expense might have been saved, '^he high and menacing tone and manner, in which the answer of the British minister was couched, at a time when no certain information of the particulars had arrived, made the Spanish cabinet entertain some suspicions, that it was made, not so much for the purpose of the dispute in question, as a pretext to break entirely with our court, for which reasons it was thought necessary to take some precautions relative to the subject. " On a late occasion, a complaint was made to the court of Ru.ssia, as to some similar points, relative to the navigation of the South Sea. A can- did answer being returned by that court, the afHiir was terminated with- out the least disagreemcMit. Indeed, it may be asserted with truth, that the marmer, much more than the substance, has produced the disputes that have taken place on this h :ad with Great Britain. "Nevertheless, the king does deny what the enemies to peace have in- dustriously circulated, that Spain extends pretensions and rights of sove- reignty over the whole of the South Sea, as far as China. When the words are made use of, ' In the name of the king, his sovereignty, navigation, and exclusive commerce to the Continent and Islands of the South Sea,' it is the manner in which Spain, in speaking of the Indies, has always used these words, that is to say : to the Continent, islands, and seas, tvhich belong to his majesty, so far as niscovERiES have been made and. secured to him by treaties and immemorial possession, and uniformly acquiesced in, notwithstunding some infringements by individuals, who have been punished upon knowledge of their offences. And the king sets up no pretensions to any possessions, the right of which he cannot prove by irrefragible titles. '• Although Spain may not have establishments or colonies planted upon the coasts or in the ports in disjnUe, it does not follow thai such coast or porld^)es not belong to her. If this rule were to be followed, one nation might estab- J'sh colonies on the coast of another nation in America, Asia, and Europe, by which means there would be no fixed boundary — a circumstance evidently ab- surd. " But whatsover m^'V be the issue of the ([uesfion ot" right upon a mature consideration of tho claims of both parties, the result of the qu^.stion of fact is, that the captain of the English vessel is repaired by the restiluiion that has been made, and the conduct of the viceroy ; for as to the qualifi- cation of such restitution, and whether the prize was lawful or not, that 3j 3(i BRITISH CLAIM TO OREGON. ! ^ I A respects the question of right yot to he investigated, that is to say, if it has ^ been agreeahlv to, or in contra(Hction. to the treaties relative to the rights and possessions of Spain. Lastly, the king will readily enter into any plan hy which future disputes on this subject may be obviated, that no re. proach may be upon him, us having refused any means of reconciliation and for the establishment of a solid and i)ermanent peace, not oidy be- tween Spain and (Jreat [Britain, but also between all nations; for the ac- coiDplishment of uhiu)i object, his majesty has made the greatest efl()rts in all the courts of Eufope, which he certainly would not have done if he had any design to involve England, and the other European powers, in a calamitous and destructive war. " El Condp: dk Florida Banca. " AuANGUEz, June 4."' In this memorial, addressed to the several courts of Europe, are se' forth, clearly and distinctly, the rights and claims of Spain to the territory in dispute. '• Prior discovery,'' " uniform consent of both '^ations," " par- ticulartreaties," (as of Utrecht,) " an immemorial, regular, and established! possession," are advanced as the grounds of these claims. In the following memorial of the court of Spain, delivered to the Eng- lish embassador at Madrid, June 13th, the subject of the right of Spain is treated of more fully, and in this, as well as in the preceding paper, the right of sovereignty over that coast is constantly maintained. " Memorial of the Court of Spain, delivered June 13, to Mr. Fitz- HERBERT, THE BRITISH EMBASSADOR AT MaDRID. " By every treaty upon record, between Spain and the other nations oj Etir pe, for upward of two centuries, an exclusive right of property, navi- gation and commerce, to the Spanish West Indies, (Sj)anish America,) hai been uniformly secured to Spain, England having ahcays stood forth, in a particular manner, in support of such 7'ighls. " By Article Eighth of the treaty of Utrecht — a treaty in which all the- European nations may be said to have taken a part — Spain and England profess to establish it, as a fundamental principle of agreement, that the navigation and commerce of the West Indies, under the dominion of Spain, shall remain in the precise same situation in ivhi.ch they stood in the reign of his Catholic majesty, Charles II., and that that rule shall be inviolably ad- hered to, and be incapable of infringement. " After this maxim, the two powers stipulated that Spain should never grant liberty or permission to any nation to trade to, or introduce their merchandise into, the Spanish American dominions, or to sell, cede, or give up to any other nation, its lands, dominions, or territories, or any par; thereof. On the contrary, and in order that its territories should be pre- served whole and entire, England offers to aid and assist the Spaniards ii. re-establishing the limits of their American dominions, and placing them in the exact situation tl.gy stood in, at the time of his said Catholic ma- jesty, Charles II., if, by accident, it shall be discovered that ihey havo undergone or pretext s •« The va the Contine are clearly and formal dearly nsci VENTURERS islands, Sp success the-' possession ( possession, THE I50RDE1 " The vi seas had b smuggling and the g^ orders thai adjacent, s " They point of m that Spain encroachn suppositioi to make es Spaniards liam's Str the harmo "Thec( subjects si and that i Spanish A friendly n observed, do, at that mit any s( merica.' " Thou of those ct to the cou ored to \r till the c( of Califoi bor, whei permittee! they were " He £ BRITISH CLAIM TO OREGON. 37 to say, if it has ''^ vo to the riirlus ontor into anv atod, that no ro. roconciliatioii ■0, not only bo- ms ; for tho ac- •t'atest otI(3rts in five tlono if he an powers, iu a )RiDA Banca. '^urope, are sc to the territory 'nations/' " par- and establisheii red to the Eng- v. right of Spain 1 3ding paper, the ed. ^ 3, TO Mr. Fitz. :ID. • ^ other nations oj ^ j)roperty, navi- 1 America,) hai Hood forth, in a in which all the I in and England | enient, that the ? ninion of Spain, j I in the reign qi | e inviolably ad- | in should never introduce their sell, cede, or ios, or any par: should be pre- le Spaniards i:: ! placing them 1 Catholic ma- that they have undergone any alteration to tlu; jirrjudicc of Spain, in '.vliu'ovor maDuer or pretext such alteration may have been brought alioi;t. •• TIjo vast extent of tho Sjianish territories, navigation and dominion en tho Continent of America, and isles and seas contiguoiii- t -• the South Sea, are clearly laid dov.ii and authenticated by a variety of (lt. At the time that Spain demonstrated to Russia the inconveniences attendant upon such encroachments, she entered upon the negotiation with Russia upon t!ie supposition that the Russian navigators of tlie Pacific Ocean had no orders to make establishments within the limits of Spanish America, of which tho Spaniards were the first possessors, (limits situated witiiin Prince Wil- liam's Strait) purposely to avoid all dissensions, and in order to maintain the harmony and amity which Spain wished to preserve. " The court of Russia replied, ' It had already given treaty orders, that its subjects should make no settlements in places belonging to o^'er powers; and that if those orders had been violated, and any had boon made in Spanish America, they desired the king would ))ut a stop to them in a friendly manner.' To this Pacific language, on the part of Russia, Spain observed, ' That she could not be answerable fur what her ollicers might do, at that distance, whose general orders and instructions were, not to per. mit any settlement to be made by other nations on tho Continent of Spanish merica.' " Though trespasses had been made by the English on some if (he islands of those coasts, lohich had given rise to siinilar complaints having been made to the court of London, Spain did not know tliat the English had endeav- ored to make any seUlements on the northern part of the Southern Ocean, till the commanding oOicer of a Sjianish ship in the usual lour of the coasts of California, found two American vessels in St. Lorenzo, or Nootka Har- bor, where he was going for provisions and stores. These vessels he permitted to proceed on their voyage, it appearing, from their papers, that they were driven there by distress, and only came in lo reft. " He also found there the ship Iphigenia from Macao, under Portuguese 38 URITISH CIiAIM TO OREflON. he saw his instructions, frnvv him Ifuvf to drpart upon his siijnin;:; an on- to th .ftl ;l, should fho G( \\ (loch colors, which had a jmnsprtrl from the (fmier* tr. (of Macao) and thoujih he ■ cmhassadoi came vianifvslhi with the view to trade there, yet tho Spanish admiral, whon rl nocossarily niont had !• " 111 add! added, thai respect to a lull detail stylo in w that the kii they were vcsse it a lawful prize. " With this vessel there came a second, which the admiral detained, an(i a few days after a third, tmmed the Argonaut, f'rom tho above-mentioned place. The captain of this latter was an Englishman, lie came, not oidy to trade, hut hrotight everything with him proper to form a skttlkment there, and to fortify it. 'I'his, notwithstandiufj the remonstrances of the Spanish admiral, he persevered in, and was detained, together with his vessel. " After hii.i came a fourth E^^iglish vessel, named the Princess Royal, and evidently for the same purposes. She, likewise, was detained and sent to Fort San Bias, where the pilot of the Argonaut made away with himself. The viceroy, on being informed of these j)articulars, gave or- ders that till' captain and the vessels should be released, and that they should have leave to r(>f)t. without declaring them a lawful prize ; and this he did on account of the ii^norancc of the proprietors, and the friendship which subsisted between the two courts of London and Madrid. " He also gave thetn leave to return to Macao with their cargo, after capitulating with them in the same manner as with the Portuguese cap- tain ; and leaving the atl'uir to be finally determined by the Count de Revillagegido, his successor, who also gave them their liberty. " As soon as the court of Madrid had received an account of the deten- tion of the first English vessel at Nootka Sound, and before that of the second arrived, it ordered its eml)assador at London to make a report thereof to the English minister, which he did on the 10th of February last ; and to require that the parties who had planned these expeditions should be punished, in order to deter others from making settlements on ter- ritories occupied and frequented by the Spaniards for a number of years. " In the embassador's memorial, mention was only made of the Spanish admiral that commanded the present armament having visited Nootka Sound in 1774, though that harba.- has been frequently visited, both before and since, with the usual forms of taking possession. These forins were repeated more particularly in the years 1705 m;r/ 175!), all along the COAST AS FAR AS Pkince William's Sound ; and it was these acts that gave occasion to the memorial made by the court of Russia, as has been already noticed. " The Spanish embassador at London did not represent in this memorial, at that time, that the right of Spain to these coasts was eonformahle to ancient boundaries, ichich had been guarantied by England at the Treaty of Utheciit, in the reign of Charles II., deeming it to Iw unnecessary ; as or- ders had been given, and vessels had actually been seized as far back as 1G92. " The answer that the English ministry gave, on the 2()th of February, was, that they had not as yet been informed of the facts stated by the ^ were gouig for the Hall ron she wa: " The CO II memoria Spain had of that pari as the vicei king looke( putes or (li^ civc a pro( she ordered "As ifS though she been so gr only vessel clamor an( ous prepari clined to p( of honor ai Spahish m " While preparatio the 5th M ' rendered to renew i tioned,) ai an iiidis])! '^ To th until a sa I morial oi formed a " The fective ar the just a cut accec gallon, w BRITISH CLAIM TO OREGON 3<> ifl llionirh he tniral. whon U'fiiii;:; un m- Mcnl doclaro f'taincd, and t»-tii(>ntioned fn came, not >si:tti,kment inco.s of the icr with his COSH Royal, ptuiii(?d and away with rs, irave or- id that they prize ; and e friendship carjTo, after i<,Miose cap- e Count de f the deten- that of tlie ke a report ' February expeditions ents on ter- of years. he Spanish ed Nootka both before forms were ALONG THE :> acts that s has been memorial, e to ancient rilEATY OF ry ; as or- R BACK AS February, ted by the H H embassador ; and that the act of violence, mentioned in his memorial, necessarily susprnf tlic claims till an adecpjate atone- ment had been made for a proceedinj^ so injurious to (Jlreat Britain. " In addition to this haughty laiiiijuajife of thi; Hritish minister, he further added, that thr sliip must in the first place be restored ; and that with respect to any I'liture stipulations, it would be necessary to waif for a more full detail of all \\n) circumstances of this alluir. The harsli and laconic style in whi(di this answer was ijiven, made the court of Madrid suspect that the kin^ of Great Britain's ministers v^ere forming other plans, and they were the more induced to think so, as there were reports that they were f?oinfj to fit out two fleets — one for the Mediterranean and the other for the lialtic. This of course obi ii;ed Spain to increase the small squad- ron she was ijfettinj^ ready to exercise her marine. •'The court of Spa' . then ordered heretnbassador at London to present a memorial to the British niinistry, settinjr forth that Ihongh (he crown of Spain had an indiihifab/e righi to the Continent, ishinds, harbors, and coasts of that part of (he world, f on nded on treaties and immemorial possession, yet as the viceroy of Mexico had released the vessels that were detained, the king looked upon the atlUir as concluded, without enterinfj into any dis- putes or discussions on the undoubted rights (>f Spain ; and desiring to give a proof of his friendship for Great Britain, he shouhl rest satisfied if she ordered. (ha( her subjec(s in fu(nre res])ec(ed those rights. "As if Spain, in this answer, had laid claim to the empire of that ocean, though she only spoke of what belonged to her by treaties, and as if it had been so grievous an offence to terminate this affair of restitution of the only vessel which was then known to iiave been taken, it excited such clamor and agitation in the Parliament of England, that the most vigor- ous preparations for war have bften commenced ; and those powers disin- clined to peace, charge Spain with designs contrary to the known principles of honor and probity, as well as to the tranquillity of Europe, which the Spahish monarch and his ministers have always had in view. " While England was cmj)loyed in making the greatest armaments and preparations, thai court made answer to the Spanish 'embassador, (upon the 5th May,) that the acts of violence committed against the British flag 'rendered it necessary for the sovereign to charge his minister at Madrid to renew the remonstrances, (being the answer of England already men- tioned,) and to require that satisfaction which his majesty thought he had an indisi)Utable right to demand. "To this was added a declaration not to enter formally into the matter, until a satisfactory answer was obtained, ' and at the same time the me- morial of Spain should not include in it the question of right,' which formed a most essential part of the discussion. " The British administration offer, in the same answer, to take most ef- fective and pacific measures, that the English subjects shall not act against the just and acknowledced kights (f Spain ; but that they cannot at pres- ent a('cede to the pretensions of absolute sovereignty, commerce and navi- gation, which appeared to be the principal object of the memorial of tho 40 BRITISH CLAIM TO OREGON. embassador ; and that the king of E- gland considers it a duty incumbent upon him, \.o jvolcci his suhjeds in the enjoyment of the right of continuing their fishcnj in the Pacific Ocean. "7/' this pretension is found to tresjjass upon the ancient honndaries laid down in the reign of King Charles II., and guarantied hy England in the treaty of Utrecht, as Spain hcJieves, it appears that that court will have good reason for disputing and opjuising 'his claim ; and it is to be hoped that tlie equity of the British administration will suspend and restrict it accordingly. •' In consequence of the foregoing answer, the charge d'affaires from the court of London at Madrid insisted, in a memorial of the 16th of May, on restitution of the vessel detained at Noofka and the property therein contained of an indemnification for the losses sustained, and a reparation proportioned to the injury done to the Englisli subjects trading under the British /lag; and that they have an indisputable right to the enjoyment of a free and uninterrupted navigation, commerce and fishery, and to the pos- session of such establishments as they should form with the consent of the natives of the country, not previously occupied by any of the European nations. (No rights of sovereignty demanded here.) An explicit and prompt answer was desired upon this head, in such terms as might tend to calm the anxieties, and to maintain the friendship subsisting between the two courts. " The charge d'affaires having observed, that a suspension of the Spanish armaments would contribute to tranquillity, upon the terms to be com- mu'icated by the British administration; an answer was made by the Spanish administration, that the king was sincerely inclined to disarm, upon the principles of reciprocity, and proportioned to the circumstances of the two courts; adding, that the court of Spain was actuated by the most pacific intentions, and a desire to give every satisfaction and indem- nification, if justice was not on their side, provided England did as much if she was found to be in the wronu;. " This answer must convince all the courts of Europe, tiiat the conduct of the king and his administration, is consonant to the invariable prin- ciples of justice, truth and peace. '•El Conde pe Florida Banca." To this memorial Mr. Fitzgerald, the British minister at the court of Madrid, made the following reply. " Sir : "Incompliance with your excellency's desire, I have now the honor of communicuiing to you, in writing, what I observed to vou in the con- versation we had the day before yesterday. '• The substance of these observations is briefly this. The court of London is animated wi'.n the most sincere desire of terminating the dille- rence that at prcion* subsists between it and the court of Madrid, relative to the port of Nootka and the adjacent latitudes, by a friendly negotiation ; I but as it I that an original question, several sort, on as a pre! these act! of nationf Utution farty in)\ to hi.sf,a\ from con| olic maji Britain I stances. exacts on some exj majesty that he h satisfacti of making ETORS, ui 16th of I in itself t as such, appears and the 1 flag, the question by his s named I " Ha> served t in your you, tlu sible, a sent to have m his just Froi were tl the vef tors, a BRITISH CLAIM TO OREGON. 41 !uty incumbent t of conllnuing 'oundar/es laid England in the •urt will have is to be hoped md restrict it aires from the I6th of May, yperty therein I a reparation ng under the i enjoyment of id to the pos- onsent of the be European explicit and 5 might tend ting between f the Spanish 5 to be com. nade by the d to disarm, rcumstauces ated by the and indem- id as much the conduct iable prin- ic court of the honor . j in the con- court of the (iide- I. relative gotiation ; I but as it is evident, upon the clearest principles of justice and reason, that an equal negotiation cannot be opened till matters are put in their original state ; and as certain acts have been committed in the latitudes in question, by vessels belonging to the royal marine of Spain, against several British vessels, without any reprisals having been made of any sort, on the part of Britain ; that power is perfectly in the riglit to insist, as a preliminary condition, upon a prompt and suitable reparation for these acts of violence ; and, in consequence of this principle, the practice of nations has limited such right of reparation to three articles, viz., the res- titution of the vessels, a full indemnification for the losses sustained by the •party injured, and, finally, satisfaction to the sovereign for the insult offered to hisfiag; so that it is evident, that the actual demands of my court, far from containing anything to prejudice the rights or the dignity of his Cath- olic majesty, amount to no more, in fact, than what is done by Great Britain herself, as well as every other maritime power, in similar circum- stances. Finally, as to the nature of the satisfaction the court of London exacts on this occasion, and on which your excellency appears to desire some explanation, I am authorized, sir, to assure you, that, if his Catholic majesty consents to make a declaration in his name, bearing in substance, that he had determined to offer to his Britannic majesty, a just and suitable satisfaction for the insult offered to his flag, such offer, joined to a promise cf making restitution of the vessels captured, and to iivd,emnify the propri- etors, under the conditions specified in the official of Mr. Merry, on the 16th of May, will be regarded by his Britannic majesty, as constituting in itself the satisfaction demanded ; and his said majesty will accept of it as such, by a counter-declaration on his part. I have to add, that, as it appears uncertain if the vessels, the North West, an American vessel, and the Iphigenia, had truly a right to enjoy the protection of the British flag, the king will, with pleasure, consent that an examination of this question, as well as that relative to the just amount of the losses sustained by his subjects, may be left to the determination of commissioners, to be named by the two courts. " Having thus recapitulated to your excellency, the heads of what I ob- served to you in conversation, I flatter myself you will weigh the whole in your mind, with that spirit of equity and moderation which characterizes you, that I may be in a condition of sending to my court, as soon as pos- sible, a satisfactory answer as to the point contained in the official jiaper sent to Mr. Merry on the 4th of tiie montii, and which, for the reasons I have mentioned, cannot be regarded by his Britannic majesty, as fulfilling his just expectations. " I have the honor to be, etc. " Alleyke Fitzherbert." From the foregoing answer of the British minister, it will be seen what were the demands of Great Britain upon the court of Spain — restitution of the vessels taken at Nootka — indemnification for the losses to the proprie- tors, and satisfaction for the insult to the British flag. And, moreover, * k 42 BRITISH CLAIM TO OREGON. t\9s^ flfmands, says the minister, do not contain anythinq to prejudice the right of his Calkolir viajeal)!. Lest tliere sliould he any misunderstanding ■will rei^ard to this subject, the follo«winir reply of the Sjjanish minister is {If- full and explicit as lani^uajrc can make it, and was intended by the mi lister to be conclusive evidence, that whatever concessions were made by his Catholic majesty, they were not made upon the ground that Spain liad not exclusive sovereignty in the port of Nootka and adjacent territo- ries, or that Martinez had committed a wrong by the seizure of the ves- sels under the British Hag. The Count de Florida Banca's Reply. "June 18th, 1790. " You will pardon me, sir, that T cannot give my assent to the principles laid down in your last letter, as Spain maintains on the most solid grounds^ that the detention of the vessels was made in a hay of Spanish America, the cor>>merce and navigation of tvhich belonged exclusively to Spain, by TREATIES WITH ALL NATIONS, EVEN ENGLAND HERSELF. "The principles laid down cannot be adaj)tcd to the case. The vessels detained, attempted to make an establishment at a port where they found a nation actually settled — the Spanish commander at Nootka having, pre- vious to their detention, made the most amicable representations to the aggressors, to desist from their purpose. " Your excellency will also permit me to lay before you, that it is not at all certain that the vessels detained, navina^ed under the British flae, al- though they were English vessels ; there having been i*eason to believe that they navigated under the protection of Portuguese passports, fur- nished them by the governor of Macao, as commercial vessels, and not belonging to the royal marine. Your excellency will add to these rea- sons, that by the restitution of these vessels, their furniture and cargoes, or their value, in consequence of the resolution adopted by the viceroy of Mexico, which has been approved of by the king, for the sake of peace, everything is placed in its original state, the object your excellency aims at; nothing nuiiaining unsettled but the indemnification of the losses and .sutistaetion for the insult, which shall also be regulated, when evi- dence shall be given what insult has been conunitted : which, hitherto, has not been sull'iciently explained. " FIowevcM-. that a (juarrel may not arise about words, and that two na- tions, friendly to each other, may not be exposed to the calamities of war, I have to intbrm you, sir, by order of the king, that his majesty consents to make th(^ declaration which your excellency proposes in your letter, and will ollbr to his Britannic majesty a just and suitable satisfaction, for the insult oilered to the honor of his tlag. provided that to these are added either of the following (^\planafions : " I . That ill otVering such satisfaction, the insult and satisfaction shall be fully settled, both in form and substance, by a judgment to bo pronounced by one oi' the kings of Europe, whom the king, my master, leaves wholly to the cl| monarcl cide as 1| '"2. taken, til mitted aa regard k "3. ence be (I exacting! in the cr isfaction | contrary "You] explanat together, be obvia which w tl On the laration a that the d to be rest faction gi Hovvev right of but on th that noth Spain to " iiis : vessels 1 northwes undersig being th his said nrajesty his said under si full rest and to ii they sill asccrtai prejudice the nderstanding ih minister is ndcd by the > were made id that Spain iccnt territo- ; of the ves- ' 18th, 1790. he principles )Ud grounds^ sh America, to Spain, by The vessels ' they found having, pre- tions to the at it is not at ish flag, al- I to believe sports, fur- Is, and not these rea- K 1 cargoes, viceroy of of peace, ency aims tho losses when evi- 1, hitherto, a I two na- cs of war, ronsents nr letter, tisfaction, these are II shall be oiiounced cs wholly HRITISH CLAIM TO OREGON. 43 to the choice of his Britannic majesty ; for it is s\ifricient to the Spanish irionai-ch that a crowned head, from full inibrmationof the facts, shall de- cide as ho thinks tit. " 2. That in otfering a full, just and suitable satisfaction, care shall be taken, that in progress of the negotiation to be opened, no facts be ad- mitted as true, but such as can ])c fully established by Great Britain, with regard to the insult olU'rod to her fUitr. " 3. That the mid satisfaction shall he friven on condition that no infer- ence be drawn therefrom to affect the rights of Spain, nor of the right of exacting from Great Britain an equivalent .satisfaction, if it shall be found in the course of the negotiation, that the king has a right to demand sat- isfaction for the aggression and usurpation made on the Spanish territory contrary to .subsisting treaties. " Your excellency will please to make choice of either of these three explanations to the declaration your excellency proposes, or all the three together, and to point out any difficulty that occurs to you that it may be obviated — or any other mode that may tend to promote the peace which we desire to establish. " I have the honor to be. etc.. " El Conue de Florida Banca." On the 24th of July, 17G0, tho following declaration and counter dec- laration were signed and exchanged at Madrid ; by which it will be seen that the demands of the court of London were complied with, the vessels to be restored, the parties interested in them to be indemnified, and satis- faction given for the insult to the honor of England. However, it will be seen that not a word is said about giving up the right of sovereignty over any portion of th(} territory claitned by Spain ; but on the contrary, the latter clause of the declaration distinctly says, that nothing in the declaration shall preclude ov prejudice the right of Spain to form an exclusive establishment at Nootka. declaratiox. " Tlis Britannic majesty, having complained of the capture of certain vessels belonging to his subjects in the Port Nootka, situated on the northwest coast of America, by an otTicer in the service of the king, the undersigned, counsellor and principal secretary of state to his majesty, being thereto duly authorized, (h^clares in the nam(> and by the order of his said majesty, that he is willing to give satisfaction to his Britannic majesty for the injury of which he has complained, fully |)ersuaded that his said Jiritaimic nuijesty would act in 'ho same manner toward the king under similar circumstances. And his majesty further engages to make full restitution of all the British vessels whieh were captured at Nootka, and to indemnify the parties interested in those ves.sels for the losses which they shall have sustained, as soon as the amount thereof shall have been ascertained. 44 BRITISH CLAIM TO OREGON. " It hehig understood, {hat this declaration is not to preclude or prrjiidice the ulterior discussion of any right which his majesty may claim to form an exclusive establishment at the Port of Nootka. " In witness whereof. I have signed this declaration, and sealed L. s. it with the seal of my arms, at Madrid, the 27th July, 1790. (Signed,) " Le Conde de Florida Banca." COUNTEK DEJLARATION. " His Catholic majesty, having declared that he was willing \ogive satis- faction for the injury done to the king by the capture of certain vessels be- longing to his subjects, in the Bay of Nootka, and the Count de Florida Banca having signed, in the name and by order of his Catholic majesty, a declaration to this effect, and by v/hich his said majesty likewise en- gages to make full restitution of the vessels so captured, and to indemnify the parties interested in these vessels for the losses they shall have sustained, the undersigned, embassador extraordinary and plenipotentiary of his majesty to the Catholic king, being duly and expressly authorized, accepts the said declaration, in the name of the king, and declares that his majesty will consider this declaration, together unth the performa7ice of the engage- ments contained therein, as a full and entire satisfaction for the injury of which his majesty has complained. " The undersigned declares, at the same time, that it is to be understood that neither the said declaration, signed by Count Florida Banca, nor the acceptance thereof, by the undersigned, in the name of the king, is to pre- clude or prejudice, in any respect, the right which his majesty may claim to any estahlishmcnt which his subjects may have formed, or should be desirous of forming i?i future at the said Bay of Nootka. " In witness whereof, I have signed this counter declaration, and L. s. sealed it with the seal of my Arms. At Madrid, the 24th July, 1790. (Signed.) •' Alleyxe Fitzherbert." It may be well to note here, the difference between the last clause of the declaration by Count Banca, and the last clause in the counter-decla- ration by Mr. Fitzherbert. The declaration of his Catholic majesty is not to preclude or prejudice the right to the forming of an exclusive establish- ment at Nootka, while the counter-declaration words it thus : " the right his majesty 7nay claim to any establishment which his subjects may have formed or should be desirous of forming in future at the said Bay of Nootka.'"' If Great Britain had obtained this claim, so set forth in the counter-de- claration as reserved, it could not have given the least v'lghio^ sovereignty, for the fifth article of the treaty which was concluded on tiie 2Pth of Oc- tober following, reserved to the court of Spain, (should these establish- ments be formed at Nootka.) equal rigjits of forming establishments and making settlements. The following is a copy of the convention of 1790, called the Convention of the Escurial : r ; or prejudice 71 to form an 1, and scaled ly, 1790. V Banca." ; \o give satis- >i vessels be- It de Florida olic majesty, likewise en- io indemnify ive sustained, itiary of his 'ized, accepts his majesty ' the engage- vr the injury B understood mca, nor the ng, is to pre- pay claim to I he desirous aration, and B 24th July, ERBERT." St clause of Linter-decla. ajesty is not e establish- hus : " the ibjects jnay aid Bay of counter-de- sovereignty, i'^th of Oc- 5 estahlish- unents and 11 of 1790, i BRITISH CLAIM TO OREGON, 45 I Copy of the Convention between his Britanxic Majesty and the King of Spain, signed at the Escurial, the twenty-eighth of Oc- tober, 1790. *' Tiieir Britannic and Catliolic majestic. s, being desirous of terminating by a speedy and solid agreement, the differences t'lal have lately arisen between the two crowns, have judged that the best way of attaining this salutary oljject, would bo that of an amicable arrangement, which, setting aside all retrospective discussion of the rights and pretensions of the two par- ties, should fix their respective situation for the future on a basis conform- able to their true interests, as well as to the mutual desire with which their said majesties are animated, of establishing with each other, in eve- rything and in all places, the most perfect friendship, harmony, and good correspondence. In this view, they have constituted for their plenipoten- tiaries, to wit : on the part of his Britannic majesty, /vileyne Fitzherbert, Esq., one of his said majesty's privy council iu Great Britain and Ireland, and his embassador extraordinary and plenipotentiary to his Catholic ma- jesty ; and on the part of his Catholic majesty, Don Joseph Monino, Count de Florida Banca, knight grand cross of the royal Spanish order of Charles II., counsellor of .staie to his said majesty, and his principal secre- tary of state and of the dispatches ; who, after having communicated to each their respective full powers, have agreed upon the following articles: "Article 1. The buildings and tracts of land situated on the north- west coast of the Continent of Nori' \merica, or on the islands adjacent to that Continent, of which the suhjecis of his Britannic majesty were dis- possessed about the month of April, 1789, by a Spanish officer, shall be rostored to the said British subjects. *' Art. 2. A just reparation shall be made according to the nature of the case, for all acts of violence and hostility which may have been commit- ted subsequent to the month of April, 1789, by the subjects of either of the contracting parties against the subjects of the other ; and in case said respective subjects shall, since the same period, have been foicibly dispos- sessed of their lands, buildings, vessels, merchandise, and other property whatever on the said Continent, or on the seas and islands adjacent, they shall be reestablished in the possession thereof, or a just compensation shall be made to them for the losses which they have sustained. " Art. 3. In order to strengthen the bonds of friendship, and to preserve in future a perfect hai'mony and good understanding between the two contracting parties, it is agreed, that their respective suhjerfs shall not be disturbed or molested, either in negotiating or carrying on their fisheries in the Pacific Ocean or in the South Seas, or in landing on the coasts of these seas, in places not ulreadij occupied, for the purpose (f carrying on their com- viercc with the natives of the countnj, or of nutkins srlilcments there ; the whole subject, neverthele;?.-., to the instructions specified in these following articles, *' Art. 4. His Britannic majesty engages to take the most effectual measures to prevent the navigation, and the fishing of his subjects in the Pacific Ocean, or in the South Seas, from heinnr made a pretext for illicit 46 BRITISH CLAIM TO OREGON. trade with the Spanish scttlomonls ; and \\ itl) this view, it is, moreover, expressly stipulated, that British subjects shall not navi^-a»'- or carnj on their flskerii in flic said seas'. wHlii/i fltr. spare of ten sea /£.<., n.'.v from aiii/ part of the roa^/.v already oecupied. by Spain. " Akt. 5. As well in tlu; places which are to l)e restored \o i\\e British subjects by virtue of the first Article, as in all other parts of the north- western coast of America, or of the islands adjacent, situate to the north of the parts of the said coast already occupied by Spain, wherever the subjects of the two powers shall have made settlements, since the month of April, 1789, or shall hereafter make any. the subjects of the other shall luive free access, and slui/f carry on. their trade without any disturhance or molestation. " Art. 6. With respect to the eastern and western coasts of South America, and to the islands adjacent, no settlement shall be formed here- after by the respective subjects in such part of those coasts as are situated to the south of those parts of the samf^ coasts, and of the islands adjacent, which are already occupied by Spain; provided, that the said respective subjects shall retain the liberty of landini^ on the coasts and islands so situated, for the purpose: of their fishery, and of erecting thereon, huts and other temporary buildiuiis, servinij only for tho.se purposes. "Art. 7. In all cases of comj)laint, or infractionof the articles of the present convention, the officers of cither party, without permittino; them- selves previously to commit any violence or acts ol" force, shall be bound to make an exact report of the alfair, and of its circumstances, to their respective courts, who will terminate such differences in an amicable manner. " Art. 8. The present convention shall be ratified and confirmed in the space of six weeks, to be computed from the day of its signature, or sooner, if it can be done. " In witness whereof, we, the undersigned, plenipotentiaries of their Britan- nic and Catholic majesties, have in their names, and by virtue of respective full powers, signed the present convention, and set thereto the seals of our Arms. Done at the palace of St. Lawrence, the 28th of October, 1790. [l. s.] "El Conde De Florida Banca. [l. s.] " Alleyne Fitzherbkrt." One of the most temperate writers on this subject, speaking of the treaty, makes this observation relative to an assertion of Mr. Greenhow : *' If Mr. Greenhow were as good a lawyer as he is a historian, he would have known that the Convention of the Escurial is one of those national compacts, called Transitory Conventions ; that such conventions are not put an end to, or even necessarily suspended by war; but that if sus- pended, they revive as a matter of course on the restoration of peace, without any express stipulation. This," continues the writer, " is inter- national law.'' And he (piotcs Wheaton, which he says will be rcspectt i! in the United States. Now, in order to make the treaty of 1790 fall i within tl ritory territory | m'-iit he of 1790,1 Was th( construel We ans^ restitutic the treaj navigate! with the I Hon, so advance! see as w( Thus of the d court of are all case. From ran Cor to Spain In 1785,1 eye the i vessels, Prince A the vicin In Ma represen ward be about en Empress to Nootk In Fehri May, n Iphigeni were inl name of structioi took pos related, of takir flag. ' * For voyage o BRITISH CLAIM TO OREGON. 47 ]s, moreover, *" or carry on ,(to'.s from any Z to the BriUfih i of the north- fo to the north wherever the ice the month of the other ny disturbance ists of South formed here- s are situated nds adjacent, lid re.spcclive nd islands so thereon, huts ses. irticlesof the nittincT them- all bo bound ices, to their an amicable firmed in the iignature, or th.eir Britan- »y virtue of set thereto vvrence, tlie Banca . ing of the iroenhow : I he would e national )ns are not lat if sus- of peace, " is intor- rcspectcii 17U0 fall within this definition, one of these characteristics must attach to it. Ter- ritory must be ceded ; the houndanri of fiomr tcrrilory must he defined ; territory must he, exelmn^ed ; or permnne.nt servitude in favor of one nation, m'.iit he created within the territory of a 'her.''' Was there in this treaty of 1700, any cession of territory ? Were there any boundaries defined ? Was there any territory exchanged ? Anything, in fact, that could be construed into the relinquishing of a sovereign right, on the part of Spain ? We answer, no. Reparation was made for an insult to a national flag ; restitution was granted to individuals for property taken ; and the rest of the treaty is taken up to show, under what restrictions l^jngland might navigate the waters of the South Sea, and carry on their fisheries and trade with the natives. And it was strictly a treaty, and not a transitory conven- tion, so called. England left the discussion of the right of sovereignty, advanced by Spain, to the operation of the treaty of Utrecht. We shall see as we advance, that this treaty of the Escurial was annulled in 1796. Thus far, has been given the history of the alleged aggression of Spain, of the demand of England, the compliance with that demand by the court of Madrid, and the treaty. Upon a review of these facts, for they are all historical facts, the following appears to be the true state of the case. From the first attempts at discovery, made under the authority of Her- ran Cortez, in 1532, for two centuries and a half, the eastern world gave to Spain the right of sovereignty over the northwest coast of America. In 1785, the viceroy of Mexico, regarding with a jealous and watchful eye the movement of the fur traders in the North Pacific, sent two armed vessels, under Martinez, to observe their movements. He arrived at Prince William's Sound in May, and after remaining a few months in the vicinity, returned to San Bias. In Martinez's report to the viceroy, the Ru sinn establishments were represented as being four in number ; that they had not advanced east- ward beyond Prince William's Sound, but that a large force was about embarking from Asia to occupy Nootka Sound, in the name of the Empress of Russia. The viceroy thereupon ordered Martinez to proceed to Nootka and lake possession of it in the name of his Catholic majesty.* In February, Martinez left San Bias, and arrived at Nootka on the 6th May, 1789. On his arrival he found the American ship Columbia, and the Iphigeni 1, a vessel under the Portuguese flag. The officers of these vessels were informed, that his object was to take possession of the country, in the name of the king of Spain. Having ascertained the purport of the in- structions given to the commander of the Iphigenia, by her owners, he took possession of her, but subsequently released her, as we have before related. In July, the Argonaut, Captain Colnett, arrived for the purpose of taking possession of the sound, and erecting a fort under the British flag. This vessel and her consort, the Princess Royal, were taken by * For the instructions given to Martinez, see the introduction to the narrative f f the voyage of the Sutil and Mexicana, which may bo considered an ofBcial work. ';i 48 BRITISH CLAIM TO OREGON. Martinez and sent to San Bias. The owners of these vessels memorial, ized the British government, who immediately demanded satisfaction for the aggressions ; at the same time stating that the discussion of the claims which either party might advance to the sovereignty of tlic territory, should be suspended. After considerable negotiation on the suhject, the demands of Great Britain were complied with by the Spanish govern- ment, whh the full understanding that the concession was not to adectthe right of his Catholic majesty, to the sovereignty of the northwest coast. The treaty has been given at length. Vie have now but one question to ask, relative to this assertion of Great Britain, viz. " The United States can claim, as the assignee of the Spanish title, only the same rights as were conceded to England by the treaty of 1790. We ask what has be- come of the right of sovereignty ? It surely must have had an existence. If England had the right in 1790, sh? has it now. If Spain possessed it, we possess it now ; for surely there is not an article in the treaty that can be construed into an abandonment of the title by Spain. It most as- suredly did not expire by limitation. The treaty itself was not an adju- dication of sovereignty. It simply said, " Know all men, by these pres. ents, that Spain agrees to indemnify England for the loss sustained by her subjects, at Nootka Sound ; and she now grants what she before denied, the righ: of England to navigate those seas ; to carry on the fisheries in the North Pacific ; to trade on the coast of any part of Northwest Ame- rica ; and to make such settlements as are necessary for the purposes of commerce with the nations ;" Spain still continuing in full possession and in the enjoyment of all those rights she iiad conceded to England, as tenant in common, of a property in which Spain had the fee simple ; the consideration and the examination, and ultimate action of the parties as to the right of soil, being for a time suspended. That this was the opin- ion of those who made the treaty, and the leading members in the Brit- ish Parliament at the time, will be seen from the following extracts from the debates in the House of Commons, on the occasion of a motion for a vote, approval of the convention. The following remarks of Mr Fox, the leading member of the house, will explain fully all that Spain conceded, and all that England obtained by the treaty of 1790. " In the early part of the debate, he had heard nothing but rhodomontade about our acquirition, of new sources of trade, new objects of enterprise, new oceans, and new continents, opened to the activity of our merchants, and the courage of our sailors ; such flowers of rhetoric were elegant em- bellishments, equally convenient to give force to argument, or to conceal the want of it. But was it true that we had opened any of these sources, or made a single acquisition ? The honorable gentleman who had spoke last (Mr. Ryder,) had put the question on the true grounds Having caught the contagion of the speakers, who preceded him on the same side, he had talked of gaining and acquiring ; but in the progress of his argument, he had very properly stated that we had acquired nothing, but only obtained security for what we had before. This was precisely what we had obtained, an advantage no doubt, because][it wasjwise^, to give up BRITISH CLAIM Tf) OREGON. 49 !^.sols inoiuorial. satisfaction for >n of the claims i' tl'.c territory, le subject, the paiiisli nrovern- not to aficcttlie ortliwcst coast, one (juestion to United States same rights as k what has be- d an existence, ipain possessed the treaty that 1. It most as- is not an adju- by these pres- istained by her before denied, ;he fisheries in rthwest Ame- he purposes of ull possession to England, as ?e simple ; the the parties as was the opin- rs in the Brit- wing e.xtracts n of a motion narks of Mr ill that Spain roo. rhodomontade of enterprise, 1' merchants, i elegant em- or to conceal 36 sources, or 10 had spoke ds Having 3n the same ogress of his nothing, but ecisely wha( e J, to give up part of an unlimited right, to secure the uninterrupted possession of the rest ; but an advantage to be estimated by comparing what we gave up, with what we retained. What then was the extent of our rights, be- fore the convention, (whether admitted or denied by Spain was of no consequence,) and to what extent were they now secured to us? Wo possessed and exerci.sed the free navigation of the Pacijic Ocean, without restraint or limitation. We possessed antl exercised the right of carrying on fisheries in the South Seas, equally unlimited. This was no barren right, but a right of which we had availed ourselves, as appeared by the papers on the table, which showed that the produce of it had increas- ed, in five years, from twelve to ninety-seven thousand pounds. This estate we had, and were daily improving ; it was not to be disgraced by the nam* of an acquisition. The admission of pu f these rights (navi- gation and fishing) by Spain, was all we had obtained. It remained to inquire v)hat it had cost. Our right before loas to settle (not rule) in any part of South or Northwest America, not fortified againt us hy previous oc- cupancy ; and we are now restricted to settle in certain places only, and under certain restrictions. This teas an important concession on our part. Our rights of fishing extended to the lehole ocean, and it too was limited, and to be carried on within certain distances of the Spanish settlements. Our right of making settlements was not as now, a right to build huts, hut to plant coLQ-siES if we thought proper. Surely these were acquisi- tions, or rather conquests, as they must be considered, if we were to judge by the triumphant language respecting them, but great and important concessions ! Every new regulation was a concession, not an acquisi- tion. It was, indeed, said in his majesty's message to both Houses of Parliament, that a claim was asserted by Spain to the exclusive right of sovereignty, navigation and commerce in the territories, coasts and seas, in that part of the world. But was a message from his majesty a sufficient authority to the House for the nature and extent of the claims of Spain ? An honora- ble baronet had said : ' Look into all the treaties from the time of Charles IT. to the treaty of Utrecht, and there the romantic and unwarrantable claims of Spain will appear.' Were that statement correct, the consequence must be that our claims on Spain were unjust and unwarrantable, and insisting on them a direct violation, because, ivherever the claims of Spain were recorded, the concessions of Great Britain were recorded, ^nt he rejoiced for his country that it was so. He was as much a friend to the claims of Soain, sanctioned by the treaty of Utfieciit, as Count Flor- ida Banca, or any S|)aiiisli minister, because thry were founded in justice. These were an exclusive ritrht of territory, navigation and commerce, in the seas and coasts of Spanish America. The absurd and extravagant claims arose, from extending the term Spanish America to the seas and coasts where Spain had no right of oecupancy ; and in this extension of the term, had every one of our preceding disputes about the claims of Spain origin:i1i>d.* To what did we object belbi-e. but to the indefmito limils of *Tli. .iiu'.-'ioa, what ifniioricrt wciv einbia.ca in Sixtnish Aitvririf, dt^\KivUn\miproo( of what she ha.l discovorpd iit, and hcfmc. tlic formation of the Trt-atyof Utrochl. This (luctftioii is now open between America and Britain. 4* if>i M BRITISH CLAIM TO OREGON. Spanish America? The o.tjectioii .still rmiained, for the limits of Span- ish America were still undelineJ, not perhaps in a way so likely to create disputes as formerly, but suflicii^ntly vaj^'ue and uncertain to afibril a pre- text, where there was a previous disposition to (luarrel. On this point, therefore, abstractedly considered, we had gained nothing. We had renounced the right of permanent settlement on the whole extent of South America, and where the almittcd right of settlement on the Northwest coast commenced, avas co3Iplete;-y undefined. If it was said at Nootka, we did not know that Nootka would be restored. (It never was.) It was, indeed, stipulated, by the first arliv-sle of the convention, that all the build- ings and IracLs of lands of wiiich we )iad been dispossessed about the month of April, 1789, were to be restored. ^V■]ly, about the month of April was mentioned in so indefinite a way, a learned fcntlcman had endeavored to explain, by saying there was danger in mentioning a particular day ; be- cause, if any mistake of date should occur, that might give rise to dispute. If Captain Meares's authority was good for anything, it was surely good for the date at which his ship was taken ; and that, by his own account, was on the 13tli of May. Wiiy, about the month of April was inserted as the date of what happened in May, being on tiie face of it unaccount- able, gave reason to imagine that it was done to answer some purpose, and conse(iuently excited suspicion. By the 2nd Article, it was provided, that everything of which either 2^ttrty had been dispossessed, by the other, subsequent to the month of April, should he restored, or a just compensation madeJ^ Now. as there was some ground to believe that we had been dis- possessed of Nootka subsequent to that period, how could we be sure tliat Spain, instead of restoring it, would not offer a compensation. The learned gentleman said it was otherwise agreed upon. If lie knew that, he knew more than the House knew. By the 3rd Article, we are authorized to na-igate the Pacific Ocean and South Seas, unmolested, for the j)urpose of carrying on our fisheries, and to land on the unsettled coasts, for the purpose of trading with the natives ; but after this pompous recognition of right to navigation, fishery and commerce, comes another article, the 6th, ichich lakes away all right of landing, and erecting even temporary hits, for any purpose but that of carrying on the fishery ; and amounts to a complete dereliction of all right to settle, in any way, for the purpose of commerce with the natives. * '-^ * •■;= in renouncing all right to make settlements in South America, we had given to Spain what siie considered as inestima- ble, and had, in return, been contented with dross. ■;•*** Thus, he had shown that the treaty was a treaty of concessions, and not of ac- quisitions; that admitting, as he did admit, the proi)riety of conceding part of our general rights to secure the undisturbed possession of the rest, we had given up wiiat wiis of infinite value to Spain, and retained what could never be of much value to ourselves ; and that what we had retained was so vague and indescriptive, so undefined in limit>^, and, consequently, so liable to be again disputed, that we had conccd.ed much more in point of right, than we had gained in point of security." - • - * It was not resicred. Spain sold to us ; England niuu go to fi^pain for nrreRrs. We ha\l is of the )| true, as right, bell to discusJ tions well jccts of n\ was the By th| Great B 1579, sal possessioj British course, sailed un purpose commodi and whe even of on the n( bia, prio To pr( leader oi the reph that the on the pi country vantages to navigt coasts of NOT BEE claims f " the s( fisherio! of Ame allowec was a northw gation had fo and th aforesi restric The 1 claim loriesj cratec BRITISH CLAIM TO OREGON. 51 limits of Span. lilvC'ly to create to aflbrd a pre. ^'ciinod nothing. U'Jwle extent of I the Nor t hoc si ;ai(l at Nootka, was.) It was, t all the luild. bout the month i of April was endeavored to ular day; be- "i'se to dispute, is surely good own account, was inserted it unaccount- OHie purpose, was provided, , hy the other, compensation lad been dis- '■ be sure tliat The learned bat, ho knew lutiiorized to • the j)urpose 'asts, for the ^cognition of icle, the 6th, try huts, for 'o a complete mmercc with ttleiiients in IS inesiima- * Thus, not of ac- ceding part be rest, we what could tained was juently, so in point of AVe have room but for one more remark of tho honorable gentloi^on, which is of tho most force of any made on the occasitm, and it is this : ♦' ft was not true, as had been asserted, that there was any intricacy in the question of right, between us and Sjjain, had it been thought expedient to l)ring it fairly to discussion. It stood on the general principle by which all European na- tions were governed in forming settlements, namely : that where the sub- jects of no power had settled, those of every other had a right to settle. This was the general princi})lo." By this, then, we will test the claims that havp been put forth by Great Britain. Let us grant that Sir Francis Drake, in the year 1579, .saw some part of the coast of Northwest America, and took possession of the countiy in the name of the king of Kngland — no other British vessel visited that coast for near two hundred years. So, of course, that would give them no right. Captain Meares, if he had sailed under the English flag, made no svillement at Nootka ; for the very purpose he had in view in crectir.g a house, was for the temporary ac- commodation of the party he left there while collecting fur in the vicinity ; and when the vessel left for Macao, there was not a vestige remaining even of that small hut at Nootka ; and the English made no settlement on the northwest coast of America, in any part of it drained by the Colum bia, prior to 1811 ; nor in any other part of Oregon, till 1806. To proceed, however, with the treaty, wo have given the remarks of the leader of the House of Commons; we will now give some extracts from the reply of Mr. Pitt. In answer to the argument of Mr. Fox, to provo that the convention had been one of concessions, and not of acquisitions, on the part of Great Britan, Mr. Pitt maintained, that " though what this country had gained consisted not of new rights, it certainly did of new ad- vantages. We had before a right to the southern whale fishery, and a right to navigate and carry on fisheries in the Pacific Ocean, and to trade on the coasts of any part of it northwest of America; but that right not only had NOT BEEN ACKNOWLEDGED, RUT DISPUTEO AND RESISTED." Here WO liaVC the claims of Great Britain, which had been '' disputed and resisted" by Spain : " the southern whale fishery, the navigation and the carrying on of the fisheries in the Pacific Ocean, and of tradincr on anv of the coasts northwest of America." By the convention, these claims of Groat Britain had been allowed ; " a circumstance," says Mr. V'M, '• which, though no new right, was a new advantage. Spain, beside., tiie right of sovereignty on the northwest coast, as far as the Russian settlements, had claimed the navi- gation and exclusive commerce of the South Sea. And this convention had for its object, bcsid s the reparation for the insult to the British flag, and the restoration of property, the arranging tho rights of navigatnig the aforesaid South Sea ; of fishing and of tradinir with the natives, and some re.strictions as to the inannei- and mode of making temporary settlements. The king of Great Britain, in bis message to Parliament, spoke of this claim to Si)ain's rights of sovereignty, navigatimi and commerce, in the terri- tories, seas, and coasts in that part of the world. The king of Spain reit- erated it, in his circular to the dillerent courts of Europe ; and it was 4* N l! 52 AMHRICAN TITLE TO OREGON. tho burthen of every official communication hotwocn the hii!;h contractinif parties, at tho time of forming,' the treaty. (Jreat Britain made no sik h pretension, nor did she deny the validity of the nfh^ of Spain to tho conn, try. All that was said of it, in the prolitninary iioyotiafion, was, that ilic question should not he discussed until a pnifx-r reparation had hien tnado for tho iiiault to the fhtsr of Em^land. That rc^paration was made ; and the title to tho sovoreii,'nty of Orerjou hi^inji; clearly and in explicit terms, for that time, waived, is the matter in ditn>ronce between these States, as the successors to the vSpanish title, and (xreat Firitain. Irica. She alone had title as discoverer and occupant, from Cape San Lucas, north- ward, to a point situated about one hundred and fifty miles south of tho Columbia River. But, in l.")??, wo have learnerl that Drake, an English pirate, entered tho Pacific Ocean, and pretended to have visited this coast, between lati- tudes 37^ and ls°. We have shown, however, that he never saw tho coast of Nortlnv(\st America, at the latitudes mentioned in the accounts of his voyages; because, in the first place, if he saw any part of that coast, the account given by hiin nfthe climate and geoirrai)hical features of the country, show, most conclusively, that it could not liav(> hrcii tin; coast ai question ; and because, in the second place, whatever land ho might following Vlll. Regni Su Belli den do, glorioi orum Pa( dum Con speciatin merciori] Cum VC7 Fimdonu Comnien statu nu Quo igit terurn ( istoc ne AMKRICAN TITl.K TO ORKGON 68 ii2:M fjonfractiii^r 'liido no sucli in to the cotin. '' Has, that III,. ukI I)i;m) inadf "i"l^^ ; and the i'-it t(!nns, for Sfatps, as fl'c K ind<>(nl. musf 'arp.s's oppra- nibricati( :) to RS. discovery of in in that re- rica by land, ^ ; f>xplorod rnia, for two xplored and ^ 43° or 44° took formal ^ ; explored same year ; >nipetitor in M-ica. S!)o icus, north- uuth of the te, entered tween lati- r saw the ceounls of that coast, ires of tl)(^ e coast in he might have discoveri'(l. could not have accrued to the crown of l"in have noticed, were made by Juan de Fuca, in ir)9'3, who explored the northwest coast to latitudes 48° and 4S>^ north; .sailed up the straits which l)nar liis name, and took possession of tlu; bor- dering lands in the name of Sjiain. This was the extent northward up to the year 1700. Charles II. of Spain, died Nov. 1, 1700, leaving no issue entitled to succeed him. \. war arose among the powers of Europe, as to which of the royal houses, Spain and its colonies should pass. The question was, whether the crowns of Spain, the Netherlands, Naples, Sicily, Milan, and the vast possessions of Spain in Amorica, should be united with Austria, already very [)owerful, or with France, which was less formidable. The Austrian monarch, Leopold I., claimed the whole of these dominions for his son Charles, afterward mperor ; and Louis XIV. claimed them for his second son, Philip of Anjou. afterward Philip V. England, the German emperor, and the States General sided with Leopold; while Bavaria and Cologne took part with Louis. This war lasted ten years, and was finally terminated by the treaties of Utrecht, in 17i;i, which gave the Spanish crown to Philip of Anjou. under the title of Philip V. The treaty which h^ngland at this lime made with Philip, contains the following important article. VIII. Liber sit Usus Navigationis & Commerciorum inter utriusque Regni Sululitos, prout jam olim erat tempore Pacis. &z ante nuj)errimi Belli denunciationem, regnantr'CatholicoHispaniarum RegeCaroloSecun- do, gloriosjB rnemorijii. Secundum Amicitre, Confa-derationis, & Commerci- orum Pacta, qua? quondam inita erant iiiter utraiVique Nationem, secun- dum Consuctudines antiquas, Literas Patentes, Schedulas, aliaque Acta speciatim facta; atque etiarn secundum Tractatum. vel Tractatus Com- merciorum. qui Madriti jam nunc confecti, aut mox conficioiidi sunt. Cum vc.ro inter a/ias conditiones Pads Gciicrafis, pra'cipi/a qumhim & FimdamcrilalLs Uc.itula coiiiinnni conscnsH stahilila tiit.nl ydoigalionis & Commcrdorum Urns ad Iiidias Occident ales Hispanici Juris eodeiii in statu maneat, quo f nil tempore j^rafati Regis Cathd'ci CnroH Secundi ; Quo igitur Regula hicc, lide inviolabili, & modo non temerando in po.s- tcrum obscrvetur, adeoque praveniantur, amoveanturque. omnes circa istoc ncgotiuni Diffidcntiaa, suspiciorumque causae, conventum, speciatim * Hume's History of England, vol. v. cliap. 41. 54 AMEIIICAN TITLE TO OREGON. statutuinque est, quod sive Gallis, seu Nation! cuilibetcunque, quovis nomine, aut quocunquc sub prtetcxtu, directe vel indirecte, nulla unquam licentia, uullaque onniino facultas dabitur navigandi, Mercaturam exer- cendi, aut Nigritas, Bona, Mercimonia, vel Res quascunque in Ditiones Arnericanas Corona^ Hispanicn:; j)arentes introducendi, praeterqam quod Tractatu, vel Tractatibus Cominercioruni Supradictis, & Juribus ac Priv- ilegiis in Pactionc quadani coneessij, vulgo el Assiento de Negros nun- cupata, cujus Articulo Duodecimo mentio facta est, concordatum fuerit. Excepto etiam quidqnid Rex Catholicus prajdictus, vel Hwredes, Successo- resve ejus Facto seu Pac is quibusvis de Introductione Nigritarum in Indias Occidentales ITispanineobtemperantes i'oundis spondebunt, postquam Pac- tis, sive el Assiento do Negros supradlcta, .ieterminata fuerit. Utque de Navigationc & Commercio ad Indias Occidenlales, ut supradictum est, firmius, & uberius undiquaqao priccautum sit; hisce prroterea conven- tum concordatumque est, quod nequo Rex Caholicus, neque Hroredes, Successoresque ejus quilibetcunquc, ullas Ditiones, Dominia, sive Terri- toria in America His, inici Juris, vel ullam earundem partem, seu Gal- lis, sive Nationi alia^ Luicun(|ue vendent, cedent, oppignorabunt, transfe- rer.!, aut ullo n.odo, ullove sub nomine, ab se & Corona Hispanica all- enpbunt. E contra autem, quo Ditiones Americanic Hispaniai obtempe- rantes parta3 tectfc conserventur, spondet P^egina Magna; Britannia^ sese operam daturam, opemque laturam Hispanis, ut Limites antqui Ditio- num suarum Americanarum restituantur, figanturque, prout Regis Cath- olici Caroli Secundi suprr'dlcti tempore steterant, si quidem compertum fuerit, ullo modo, ullove sub prastextu eosdem in parte quacunque effrac- tos, imminutosve esse, ex quo antedictus Rex Cailwlicus Carolus Secundus mort&m oMerit. TRANSLATION. "VIII. Tlic right of navigation, and con merce between the countries, subject to boti; nations, shall remain free, as it was formerly in the time of peace, before the declaration of the late war, during the reign of his Catholic majesty, Charles the Second, ifuig of Spain, of glorious memory, according to the treaties of friendship, confederation and com- merce concluded between both nations, according to ancient usages ; let- ters patent, schedules, and other acts specially provided ; and also ac- cording to the treaty or treaties of commerce which have heretofore been concluded, or are soon to be concluded at Madrid. " But esjiecialiy uiucng the other conditions of a general peace, this par- ticular and fundamental rule is e.stabii-Jied by common consent: that the right of navigation and connuercL. with the West Indies, subject to Spain, shall remain in the same condition as it was in the time of his said Catholic majesty, Charles the Second. " To the iTid, tlierefore, that this rulj may be observed in good faith, and ir. a manner in\.olate in future, and that all doulils and causes of susi)icion in relation to this matter may be anticipated and removed, it is especially agreed upon and ordained, that no authority or permission of any kind, or under ting or tra| other natif dise, or ai^ of Spain, merce bef secured IJ as set fol Catholic if sons entei] treaties ^v ish West have ternj <« And to the na\ is further Catholic 1 transfer, < and the c rica, belo other nat: can territ the Quee to reestab sessions, Charles t any man the deatl This crown tl the excl which s arms to from he That the dea taken i north ; her An Thii- ope rati En;j Avarra coast I in vin AMERICAN TITLE TO OREGON. 55 II 'H0 of respoc- I render any discoveries made by them available, in giving title of sovereignty, we may well pass them in silence, as not aflcctirig the question under dis- cussion. But there is this stronger reason for so doing : it was impossi- ble even for expeditions, sent out with full powers to make discoveries, to rediscover the Nortiiwest American coast, from latitude 28° north to 60^ north, so as to give any shadow of title to the sovereignty over it, as against S[)ain. But inasmuch as there is a disposition on the part of Bri- tain to forget the distinction which the laws of nations make in this mat- ter, it may be well to pause a moment here, and inquire whether any English freetraders, from the year 1775, or even the celebrated Caj)tain Cook, did actually make any discoveries between latitudes 28° north and 60° north, on the Northwest American coast. Captain Cook was sent out in 1770. This great navigator was in- structed to " j)roceed to the coast of New Albion, endeavoring to fall in with it in the latitude of 45°." where he waste procure wood, water, and other supplies, and then proceed along the coast without delay, to lati- tude 65° north, where he should commence his search for " a water passage, pointing toward [Tudson's or Bathn's Bays.*' He entered the Pacific in the summer of 1777 — saw Cape Blanco, in latitude 43° north, on the 7th of March, 1778 — passed the mouth of the Columbia without observing it — on the 22nd perceived the southern cape of the Straits de Fuca — passed those magnificent straits without observing them — and on the 29th, anchored in the harbor of San Lorenzo, or Nootka, in latitude 49 J° north. Hero he remained till the 26th of April, when he stood awa V to the northward to the 60th degree, and thence explored south as far as 55°. This part of the coast Cook surveyed with great care and skill. But it had long before been discovered and explored by the Spaniards. This is the substance and effect of Cook's voyages on tiie northwest coast of America, south of latitude 60° north. He only followed in the path of previous discoveries by the Sjjaniards, and landed at only one [)oint on the Oregon coast — at San Lorenzo — Nootka. The account given in the narrative of Cook's voyages, of the furs to be found on the northwest coast, and the extraordinary prices given for them in China, gave rise to Hanna's voyage in 1785, Dixon's and Portlock's in 1786, and others from the East Indies in 1787 and '88, and of La Perouse in 1790. All tiiese, except La Perouse, were mere traders. They made no discoveries ; and had they done so, they could have availed nothing as against Spain, south of latitud) 60° no'-th. The nations under whose dugs these vessels sailed, were parties to the great IransHonj ronvcntidu of Utrechl — unalterable by the occurrence of war between the contracting parties, and they could not acquire rights over their own acts of grant or quit-elaim. The operations of Colnett and Meares, unavailable, as against Spain, li)r these reasons, as well as for the many other sufficient ones, are set forth in our notice of the British claim to Oregon. And the conclusion which all the facts derived from British history, and the history of other nations concerned in tiiis matter is, that previous to 1790. the date of the Escurial Convention, there were no rights existing in any other nation than Spain, over that 58 AMERICAN TITLE TO OREGON. part of the coast of northwest America lying between latitudes 28° and 60° north. The convention of the Escurial was, to the extent of its terms, an ab- rogation of the treaty of Utrecht. We have shown on previous pages, to what extent Spain surrendered her previously existing rights ; that she gave to England the joint right of navigating the South Sea — of fishing — trading, and making temporary settlements for that purpose on certain portions of the Northwest American coast. No right of sovereignty over the territory was conceded to England ; that remained as it was at the death of Charles the Second in 1700, and as it had been most solemnly recognized by Great Britain, at the treaty of Utrecht in 1713. By the treaty of the Escurial then, Great Britain acquired only i \e right to land and live upon the coast under Spanish laws, and to trade with the Indians under certain restrictions and limitations, and nothing more. It was, at best, a restricted joint-tenancy, subject to be terminated at the will of Spain. The concessions of this treaty of the Escurial, v/ere indeed im- portant to England, but were abrogated by the occurrence of war between the parties in 1796 ; and from the very nature of :. at treaty, its provis- ions in favor of Britain were not revived by the suusequent peace ; and although England continued to exercise many of the rights which were granted to her under it, she did so in violation of her most solemn national engagements. In 1796, therefore, the title of Spain to her immense pos- sessions along the whole Northwest American coast, as far as 60^ north, was disencumbered of whatever concessions she had made to England, by the treaty of 1790, and reverted back to its original condition as it was in 1700, the time of the death of Charles the Second, and as it had been recognized by England in 1713. And thus, this treaty of the Escurial was annulled by the war of 1796, and was never revived. And we repeat, that Spain, by the annulling of the treaty of 1790, was restored to the absolute and unconditional sove- reignty (so far, at least, as Great Britain was concerned,) of the whole of her Northwest American coast, and retained such sovereignty until the treaty of Florida, in 1819, when she ceded to the United vStates all her rights to the territory in question. Treaty of atnity, settlement, and limits, between the United States and Spain, {commonly called the Florida Treaty,) signed nt Washington, February 22,1819. *' Art. 3. The boundary-line between tlie two countries, west of the Mississippi, shall begin on tho Gulf o^ Mexico, at the mouth of th(^ River Sabine, in the sea, continuing north, along the western bank of that river, to tlie 32nd degree of latitude ; thence, l)y a line due north, to the degree of latitude wliere it strikes the Rio Roxo of Natchitoches, or Red River ; then, following the course of tlie Rio Roxo westward, to the degree of lon- gitude 100 west from London and 23 from Washington ; then crossing the said Red River, and running thence, by a line due north, to the River Arkansas kansas to latitude, t map of th of Jaiiiinr to fall noi source du allel of la All the is throughou the use of the said boundary, inhabitant! " The t^ rights, cla line ; that and renoui tories lyin; ner, his d claims, an and for hii territories Here th( whole Ter in extent a England h the sequel, In the J neither a ] power was reference i lie was at tier a fori embrace £ its instituti purchas3d mouth of 1 Mississippi the old Fr tains, cml) France an the boundi ed. By til France, al AMERICAN TITLE TO OREGON. 59 3s 28° and lis, an ab- pages, to ; that she ' fishing — )n certain ignty over vas at the solemnly . By the ht to land be Indians It was, at lie will of ndeed im- r between its provis- ^ace ; and hich were n national tiense pos- 50^ north, England, tion as it as it had of 1796, lulling of nal sove- whole of until the all her February t of the h(^ River lat river, e degree 1 Riv'hase of 1803, have become a party ; and as by the treaties oi^ Utrecht and Versailles, FiUgland has abandoned in the one case, to S})ain, as high as latitude 48° north, on the northwestern coast of America, and in the other, as high as 49° on the same coast; it becomes difficult to see, with what pretence of right she now comes forward to recover what she has thus solemnly, by two several treaties, defeased to others. It is proper to remark, as we proceed, that the discoveries of England on the northwest coast, after the treaty of 1790, with Spain, and before the treat} of Ghent, in 1815, could not confer upon Great Britain any rights of sovereignty. For the treaty of 1790 defined, to their fullest ex- tent, the rights of Britain on the western coast of America, and left the sovereignty in Spain, as settled by the treaty of Utrecht, in 1713. The only matter remaining open, was, how far to the north the Spanish dis- coveries extended at the death of Charles the Second, in 1700. This limit, we have shown, was in latitude 48° north. Befire England, there- fore, can claim any sovereignty south ot' this limit, she must first obtain an express grant of the same, from Spain, or her grantees. Is there any such grant in the treaty of 1790 ? Notliinir like it. It should, in this connection, be remarked, that while we hold that the treaty of 1790, was annulled by the war of 1790. the same cannot be said of the treaties of 1713, and of 1703. These latter compacts were binding upon the high contracting parties thereto, and their successor.-i — and ac- cording to Vattel, remain in force foi- ever. They wre iiansitory con- * See Story Coin., Vol. i, ]). 17. vention.^ but con rights purchii^ self, to t an lUHjii tiguity. the Seer and of discover disabiliti Accor the Colli nearly t Maquilli Clark, ii all stand title to t against I by her o also, in United S In con fully disc deed, sine surveyed confers n reignty t tempted t in thus I post on tl States ha She, inde the Colut Lewis ai Ainericai tory, as a possessioi surrendci express t affecting 1 Spanish ' guarantie rope, a hi purchase lliat our t derived fi : France ■ the Mis- )(' all her iusIumI her h1 ? And as against territories Mountains nbition, so verinj; the sires to do ccupancy, ms, there- ity of her :y of Ver- id beyond )t, she ce- to all the and south sophistry ■ France ? ve become Inland has rtl), on the IS 49° on ;e of right ly, by two England nd before itain any uUcst ex- Icft the 18. The aiiish dis- )(). This 11(1, thore- rst obtain there any AMERICAN TITLE TO OREGON. 61 t)iat the •t 1)0 said (> binding —and ac- itury con- ventions. So that, if the treaty of the Escurial did not expire in 179B, but conios in to d(>privo us — and we deny even this — of any of our rights purchased from Spain, certainly by the treaty of Versailles, we, as purcluisers of Louisiana, have an unconditional grant from England her- self, to that part of the Territory of Oregon lying south of 49° north, and an unquestionable right to the remainder lying north, by the law of con- tiguity, and the discoveries of Spain, subsequent to the death of Charles the Second. Again, although England, by virtue of the treaties of 1713 and of 17(53, was precluded from gaining any rights of sovereignty from discovery or occupancy, the United States have labored under no such disabilities. Accordingly. th.> discovery of Washington Island in 17S9, by Gray ; the Columbia Rivi'i-. in J 792; of Bulfmch's Harbor; the purchase of nearly the whole of the island on which Nootka is situated, in 1792, of Maquilla and other chiefs; the explorations ai\(l occupations of Lewis and Clark, in ISOo-O ; of Henry and others, 1808; and of Astor, in 1811 ; all stand out for their own value, under the laws of nations, as conferring title to the sovereignty of Oregon. They are certainly available to U8 against Britain, who, as has been abundantly shown, was not only barred by her own treaties from acquiring title by discovery or occupancy, but also, in fact, never did anything more than survey what Spain and the United States had previously discovered and occupied on that coast. In conclusion we remark — Britain did not discover Oregon. It was fully discovered by Spain before a Briton ever saw its coast. She has, in- deed, since the date at, which the Spaniards explored to latitude 00° north, surveyed its rivers and inlets ; but the surveying another's possessions confers no title to them. Britain and Europe, in 1713, conceded its sove- reignty to Spain ; since that time, Mcarcs, and other Britons, have at- tempted to occupy those dominions of a neighbor, but have not succeeded in thus pirating any title to the country. She, indeed, built a trading- post on the head .vaters of Frazer's River ; but it was after the United States had occupied the valley of the Columbia, by Lewis and Clark. She, indeed, built trading-posts on the head-waters of the north branch of the Columbia River ; but it was after the Columbia had been occupied by Lewis and Clark. She has, indeed, had possession of Astoria and other American posts, for many years ; but that occupancy is rend(u-ed nuga- tory, as against the American title, by the fact that she came into that possession by an act of war, and annulled it, as conferring title, by the surrender of the country at the restoration of peace ; and since that event, express treaty stipulations previMit ihe oeeupaiiey of her subjects from affecting tlic claims of thi' Vn'wod States ; who. on the other hand, hold the Spanish title of discovery, occupancy and contiguity, all which were guarantied to the crown of Spain, by Hritain. France, and the rest of Eu- rope, a hunil 1-0(1 and forty years ago. Wo have our own title of discovery, l)urcliaNO IVoiu the Indians, ami ooeupancy. And further, we assert. that our title is supported by that law of nations which strongthoiis a tiilo derived from discovery, etc., t)y the consideration of contiguity, its position. 62 AMERICAN TITLE TO OREGON. and natural dependence for commercial and civil affairs, upon tlie several claimants. Ore^fon is more naturally dependent in these respects, on California and Mexico, than upon the Canadas, and the frozen regions of British America. We have purchased from Spain this right of contiguity. Therefore, for all the reasons ever assigned l)y Britain in such cases — by the laws and customs of nations, and by grant from Britain herself, Oregon i- ours. The author of these pages desires to put a single question to his coun- trymen. He would do it Avith the deepest feeling which love of country can inspire. Me would urge its consideration home, upon that mighty impulse of the American mind, which had the intelligence to perceive its rights, and the courage to defend them in the struggles of the Revolution. Will you defend, at every hazard, the rights and honor of your country ; or will you yield them, and your own honor, to the inso- LENT PRETENSIONS OF Great Britain ? I bcliove the response from every hamlet in the land, will be an indignant ne"ative. Shall we not hear everywhere uttered, in the firmest tones : " We demand what is clearly right ; we submit to nothing tliat is M'rong." The value of Oregon, to us, is inestimable. In an aijricultural sense, that Territory would be worth little. But, when we remember that the genius of our government forbids us to establish colonies on the islands of the Pacific ; that we can never own a harbor on that sea, unless we retain Oregon ; that there is the finest group of harbors in the world on the northern portion of Ore- gon ; that there are none south of latitude 47° nortli ; that Britain claims that the Columbia River shall be the line between her and us ; that by yielding to her demands, we shall not have a bay on that great Ocean, in which a common merchant vessel can find shelter from a storm ; that the nation which shall own the ports in the north part of the territory, will control the whole maritime and commercial interest of the North Pa- cific : that the distance between the naviixable waters of the Missouri River, and the splendid harbor of Puget's Sound, in latitude 47^ north, is only abouf three hundred miles; that a rail-road, six hundred miles in length, costing less than the Eric Canal, will bring the commerce of the Indies into the heart of the Republic ; — we may well ask ourselves, if we will yield this most important of all our national wealth, to the unscru- pulous and baseless claims of Britain ? Shall it be done ? It will not. mitil we cease to be Americans. THE END. The k very vali Territory The Coynt) denies iiu Council The Seer ing of tlie the follovvi Iiulians, wl at from two them and tli midable as < proper influ< in war — to s acliainof pc of the Colun north to the lories belong ill Ills messaj of the ISecre posts from C benefit there! wilderness le age tribes inl llements, and settlements a Mountains, \ inendations ii Tlnis invoi carefully to 1: tion, and all l iai>s lias give Mr. Monrc iiig language : " 111 lookin t Congress, I would suggest the expediency (d connecting the ecjuipnient of a public ship for the exploration of the whole JSorthwest coast of this Continent." The attention ot the committee has been in the liist place diiecled to (he title of the United States to the territory churned by them on the Pacific Ocea/i, and which ii< contested by (ireat Britain. Russia, (Jreat Britain, the United States, and Mexico, and in the order in whicli they are here named, from nortfi to south, claim the possession of the whole west- ern coast of North America. By the Florida treaty, concluded between the King ol Spain and the United States on the 22nd of February, 1819, the forty-second degree of north latitude, from the source of the river Arkansas to the South Sea, is estab- lished as the boundary between the two countries in that quarter; and his Catholic majesty ceded to the United States all his rights, claims, and pretensions, to any ter- ritory north of said line ; and for himself, his heirs and successors, renounced all claim to the said territories for ever. At the time of the ratification of this treaty, Mexico constituted a part of the Spanish monarchy, and, as such, was bound by il> stipulations. Mexico, having established her independence of the Crown of Spain, to remove all doubts upon this subject, made a treaty of limits with the United State? on the 12th .January, 1828, by which the said forty-second degree of north latitude designated by the Florida treaty was recognized and confirmed as the boundary line between "the respective bordering territories of the Unit(!d States of North America and of the United Mexican States." By these two treaties with Spain and Mexico, i the southern boundary of the United States is permanently established, and tliere i.- | no difficulty ordi.'ipute in that quarter. By the third article of the convention f)etween the United States and Russia, signed at St. Petersburg in April, 1824, it is " agreed that hereafter there shall not be formei! by the citizens of the United States, or under the authority of said States, any estab- lishment upon the nordiwest coast of America, nor any of the islands adjacent, h the north of /if ti/- four degrees forty ininutci if north latitude ; and ttiat, in tlif same manner, there shall be none formed by Russian subjects, or under the authoril} of Ru-ifiia, south of the same paralbd. In the convention between (Jreat Britain aiu:| Russia, signed at St. Pefersluiig in F'ebruary, 182.'), the intersection of the same paral- lel of li fly- four degrees forty mm iiti.'S of north laiilnde, and the southernmost point o: Prince of VVales'.s Island, is established as the cominenceiiient of the line ol dem:ii| cation between their possessions " ujioii the coast of (he (.'outinenl and the islands i Amerii.a to the northwest." By tliesi; several treaties with Spain, Mexico, and Russia, the United States )ia\: limited their claim on the Pacific (Vean to tvveh'e degrees and forty minutes of lati tude; that is. to llio space intervening between forty-two and f(Xty-f»Ai.ir degrees an forty minutes of north laliliide. Great Britain as.seits lui title to the whole, or i\ large part of this terriiovy. This title the committee pn.po.-e very briefly It) exaniir.if fully convinced that it cannot be suslained By tiie second article of the convenlon o, 'he 2()fh day of October, 181S, f)etw.'i'r.| Grea, Britain and the- Uiiileii States, it is au,n. 'd lliat tlie "4f)th parallel of north 'a tilde shall be the line of demarcation of their respective territories, from the noilli'l %vieslem p( J 82(5, the of latitude west to the and in tlu tain and tli drav\-n fron waters of tl in the I'aci the Americ m the grou latitude. 1 minister, \vj itself bound of separatio but would c United State nations to tl such manne The cornn for a more fi Houses of ( memoir preji John Forsytl The Unite discovery anc and Florida f ihus acquired The treaty between Grea the limits bet The same cor n'es between I were accord in they actually no formal reci established is, purpose; and lished in the territories on sioners accord larly from the ernmost pari c Rive^ and, in the United Sta settled by the find Messrs. minister as fol * The first repo 01 Virginia, to tl pose. (House Do Baylies, of Mnssa. post at the raouti and a «upplementi third report was n lation to the territ( jnentjil report, Fel hy Mr. Lynn, of JN dent to oocupy the The IVIemoir of 1 1839-'40, vol. 4., APPENDIX. 65 \\Tsfem point of the Lakc-of-the-Woods to the Ston)' Mountains. In 1824 and I,S2(i, tho United Statijs i)ropo8P(l to Orcut Jirilnin to ailojtt this same 45th jiarallel of latitude as the hnc between their if'spective territories, from the Jiocky Mountains west to the Pacific Ocean. To this proposal the British ministry refused to accede, and in their turn proposed " that the bounchiry between the territories of Great Bri- t;iin and those of the Unite I States west of the Rocky Mountains should be a line drawn from those mountains westward, along the 49lh j)arallei,to the nearest head- waters of the Columbia, and thence down the middle of the stream to its termination in the Pacific— the British possossina; tli«> country north and west of such line, and the Americans that on the other side." This proposal the United States rejected, on the ground that it gave (ireat Britain territory south of the forty-ninth degree of latitude. The negotiation having thus failed, in 18e7, Mr. Gallatin, the American minister, was directed to give notice that the " American Government did not hold itself hound hereafter, in consecpience of any projjosal which it had made for a line of separation ktween the territories of llie two nations beyond the Kocky Mountains, but would consider itself at liberty to contend for the full extent of the claims of the United States." All efforts to settle by negotiation the conllicting claims of the two nations to the territory in question having failed, each is left to assert its right in such manner as its own honor and interest shall dictate. The committee submits a brief abstract of the title of the United States, referring, for a more full and general view of it, to the several reports heretofore made to both Hou.ses of Congress, to the corresjiondence with Great Britain, and an interesting jnemoir pre])ared in 18-10, by ]\Tr. Robert Greenhow, under the direction of the Hon. John Forsyth, then Secretary of State.* The United States claim the territory in question in virtue of their own original discovery and possession, and as successors of France and Spain under the Louisiana and Florida treaties. The committee is therefore led to the investigation of the titles thus acquired; and, first, OF THE FRENCH TITLE, The treaty of Utrecht was concluded in 1713. By the tenth article it was agreed, between Great Britain and France, to determine within one j^ear, by commissionerp, the limits between the Hudson'.s Bay and the places appertaining to the French. The same commissioners were also authorized to settle, in like maimer, the bounda- ries between the other British and French colonies in those parts. Commissioners were accordingly appointed by the two Powers, and there is strong reason to l)elieve they actually established the boundaries according to the terms of the treaty, although no formal record of the fact now exists. The evidence that the boundaries were thus established is, first, the fact of the appointment of the commissioners for that express purpose; and that two distinct lines nmy be found traced on the difTerent maps pub- lished in the last century, each purporting to be the limit between the Hudson's Bay territories on the north and the French possessions on the south, fixed by commis- sioners according to the treaty of Utreccht," One of these lines " is drawn irregu- larly from the Atlantic to a point in the 49th parallel of latitude, south of the south- ernmost part of the Hudson's Bay, and thence westward along that parallel to Red Rive*", and, in some maps, still further west. This line is generally considered in the United States, and has been assumed by their government, as the true boimdary settled by the commissioners agreeably to the treaty above mentioned." Thus we find Messrs. Monroe and Pinckney, at Madrid, in 1805, writing to the Spanish minister as follows : " In conformity with the tenth aiticle of the first-mentioned * The first report upon " the expediency of occupying the Columbia River" was made liy Mr. Floyd, of Virginia, to tiio House of Representntives, January 25, 1821, accompanied by a bill for that pur- pose. (House Doc. 1820— '21, No. 45.) The second report came from a select committee, of which Mr. Baylies, of Massachusetts, was chairman, to which had been referred the subject of establishing a military post at the mouth of the Columbia River, etc., January 10, 1820, (Ho. Doc, 1825— '26, vol. 1., No. .15 ;) and a supplemental report from the same committee, May 15, 1820. (Ho. Doc, vol. 2., No. 213.) The third report was made by Mr. Gushing, of Massachusetts, from the Committee on Foreign Relations, in re- lation to the territory of the United States beyond the Rocky Mountains, January 4, 1839 ; and a supjjle- mentil report, February 10, 1S<9. (Ho. Doc, vol 1, No. 101.) The fourth report was made to the Senate, by Mr. Lynn, of Missouri, from the select committee to which was referred the bill to authorize the Presi- dent to occupy the Oregon Territory, June 0, 1838. (Senate Doc, No. 470.) The Memoir of Mr. Greenhow was printed by order cf the Senate, and is to be found in Senate Doc. 1839-'40, vol. 4., No. 174. 5 m 99 APPENDIX. treaty, (treaty )f Utrecht,) the boutidiiry between r;ina(]a and Louisiana on the one Bide, aud th" Hudson's Bay and Northwestern Companit's on the other, was es- fcibhshed by commissioners by a line to commence at a cape or promontory on the ocean in 58 degrees 31 minutes ivorth latitude; to nm thence southvvestwanily to latitude 49 degrees north from the equator, and along that line iiuiefmitely westward.*' These e.vtracts are taken from the Memoir of Mr. Greenhow, who, it is proper to add, considers the opinion that these boundary lines were actually established by the commissioners "at variance with the nuist ticcredited authorities." In th's opinion the committee docs not concur ; so far from doing so, it is thought the presumption that the 49th parallel was adopted by the commissioners under the treaty of Utrecht, is strengthened by the line of demarcation subsetiuently agreed on by the treaty of Versailles, in 1763, between France and Great Britain, and also by the treaty of peace of 1783, between the United States and Great Britain. By the former, the "conlines between the British and French possestiions were irrevocably fixed by a line drawn along the middle of the Mississipi, from its source to the Iber- ville," etc. By the latter, that part of the northern boundaiy of the United States which is applicable to the subject is describeil to be through the Lake-of-the- Woods, " to the most northwestern point thereof, and from thence on a due west course to the Mississippi river." The most northwestern point of the Lake-of-the-Woods is perhaps a few minutes north of the 49th parallel of latitude. By the convention of 1818, between the United States and Great Britain, in the second article, it is agreed that a line drawn from the most northwestern point of the Lake-of-the-Woods, along the 49th parallel of north latitude, or if the said point shall not lie in the 49th parallel of north latitude, ther> that a line drawn from the said point due north or south, as the case may be, until the said line shall intersect the said parallel of north latitude, and from the point of such intersection, due west, a.\cng and with said par- allel, shall be the line of demarcation between the territories of the United States and those of his Bnttanic majesty: and that the said line shall form the northern boun- dary of the said territories of the United States, and the southern boundary of the territory of his Brittanic majesty, from the Lake-of-the-Woods to the Stony Moun- tains." This line, it will be observed, is a deviation from the boundary established by the treaty of 1783; for that was to extend due west from the northwestern point ot the Lake-of-the-Woods, vrithout any reference to its latitude. By this, we are, in the contingency named, to run by the shortest line from the specified point on the Lake- of-the-Woods to the forty-ninth parallel of latitude. Whence, it may be asked, the solicitude to adopt this particular parallel, except as it corresponded with preiixisting arrangements, which could have been made under the provisions of the treaty of Utrecht alone ? for under no other had any reference at that time been made to the said forty-ninth degree. This coincidence between the boundaries established by Great Britain and France in 1763, and between Great Britain and the United States in 1783 and in 1818, can scarcely be accounted for on any other supposition, than that the said line had been previously established by the commissioners under the treaty of Utrecht. This con- clusion is strengthened by a further coincidence in the boundaries fi.xed in the said treaties of 1763 and 1783. In both, the Mississippi is adopted as the boundary. One of the lines then (the Mississippi) previously established between Great Britain and France being thus, beyond all cavil, adopted between the United States and Great Britain, may it not be fairly inferred, in the absence of all proof to the contrary, and with strong corroborating proof in favor of the inference, drawn from the stipulations of treaties, lines of demarcation on old maps, etc., that the other line, (forty-ninth parallel,) equally beyond cavil established by the United States and Great Britain, was also the same one previously existing between Great Britain and France } but such line had no existence, unless under the stipulations of the treaty of Utrecht, For the.se reasons, the committee has adopicd the opinion, that the forty-ninth par- allel of latitude was actually established by tht commissioners under that treaty. It may not be unimportant here to observe, that this forty-ninth parallel is not a random line, arbitrarily selected, but the one to wliich France was entitled upon the weii-settled principle that the first discoverer of a river is entitled, by virtue of that disco very, to all the unoccupied territory watered by that river and its tribu- taries. We hav adopted as Louisiana 1 along the ' nine, to its fions, then. Utrecht, th due west f alone of tl lished by whole line only practi as the w he the Mis,sisf the forty-n Having l to inquire \ say betwce (we speak insist, if w The trea mnrcation \ denied, ex( then existe( poctive ter These terril cordingly ir that had thi of conflicti) been fixed ■' the treaty; had no terri of the treat claim to ter denying tha of the Paci The parti North Ame of the forty Britain to t( elusion ag;ii the increase festet upon was scarce] tion of her she was at absorbing p; tated the tei est pretext ( west of the Mr. Cus Relations, t sentences : States, the seem to b( Britain relin ing of the tr sibly, by ex to the Pacii same right, ; that line, in APPENDIX. «» i:\ on the one (ther, was cs- )ntory on the veslwanlly to ly westward.*' ; is yirojjcr to stablished by js." In th'9 } thought the ers under the itly agreed on , and aKo by tain. Hy the re irrevocably le to the Iber- United Stiitca :)f-the-VV'^oodp, ; west course of-the-Wood.s he convention id article, it 13 L)l-the-\Voods, lie in the 49th due north or iraliel of north with said par- ited States and lorthern boun- )undary of the ! Stony Moun- blished by the n point ot the we are, in the t on the Lake- ' be asked, the ith iJiei'xisling the treaty of n made to the tin and France J in 1818, can line had been it. This con- ed in the said the boundary. Great Britain tates and Great ! contrary, and le stipulations 3, (forty-ninth Great Britain, d France .'but ty of Utrecht. )rty-ninth par- er that treaty, .rallel is not a entitled upon :led, by virtue r and its tribu< Wo have seen that, by the treaty of 17fi3, the IMississippi, from its source, was ailopted as the line of demarcation between the British and French possessions. Louisiana then extcmled north as l,ir as that river reached ; in other words, it stretched a!ont ih subject is :rees of lati- tira, puttinx I as received reel of land y adjoining For the ior Quadra, :r's voyage. on, and the port of Mr. Commons, iiig extract reii by t'^at ni)y of of- vsue of the ])eace, baa ropaiation IMajesty'a 36 parts of pecch will ade about •rise, new le courage of our sailors. Such flowers of rhetoric were elegant embellishments, equally con- venient to give force to argument or to conceal the want of it. But was it true that we had opened any of those sources, or made a single accjuisition .' An honorable gentleman, who spoke immediately before him, had put the question upon its true grounds. Having caught the contagion oi the speakers who preceded him on the same side, he had talked of gaining and acquiring; but, in the progress of his argu- ment, he had very properly stated that we had acquired nothing, but only obtained security for what we possessed before. "What, then, was the extent of our rights before the convention, and to what extent were they now secured to us ? We possessed and exercised the free naviga- tion of the Pacitic Ocean, without restraint or limitation ; we possessed and exercised the right of carrying on fisheries in the South Seas, equally unlimited. This estate we had, and were daily imi)roving; it was not to be disgraced by the name of an acquisition. The admission of part of these rights by Spain was all we had ob- tained. It remained to inquire what it cost. Our right before was to settle in any part of South OF Northwest America not fortilieu against us by previous occupancy; and we are no^v restricted to settle in certain jjlaces only, and under certain restric- tions. This was an important concession ou our part ; our rights of fishing extcndetl to the whole ocean ; and now it too was limited, and to be carried on within cert;'in distances of the Spanish settlements. Our right of making settlements was not, as now, a right to build huts, but to plant colonies if we thought proper. Surely these were not acquisitions." Speaking of the indefinite limits of Spanish America, he says: " On this point we have gained nothing. We have renounced the right of per- manent settlement on the whole extent of South America, and where the admitted right of settlement on the Northwest coast commenced was completely undefined ; it was said at Nootka, but we did not know that Nootka would be restored. " By the third article, we are authorized to navigate the Pacific Ocean and South Seas unmolested, for the jturpose of carrying on our fisheries, and to land on the unsettled coasts, for the purpose of trading with the natives ; but after this pomj)Ous recognition of right to navigatit.;, fishery, and commerce, comes another article, (the sixth,) which takes away all right of landing and erecting even temporary huts for any purpose but that of carrying on the fishery, and amounts to a complete dereliction of all right to settle in any way for the purpose of commerce with the natives. «« In renouncing all right to make settlements in South America, we had given to Spain what she considered as inestimable, and had in return been contented with dross." Vancouver informs us that in April, 1792, he discovered a ."ail, which soon hoisted American colors and fired a gun to leeward. She proved to be the ship Columbia, commanded by Mr. Robert Gray, of Boston, whence she had been absent nineteen months ; and this brings us to the AINIERICAN DISCOVERIES. Vancouver sent a boat on board of the Columbia, to the officer of which Captain Gray communicated information of the extent of his visit into a strait which had attracted much attention. He said " he had penetrated only fifty miles into th<^ strait in question, in an E. S. E. direction," etc. The inlet he supposed to be the same De Fuca had discovered, which opinion seemed to be universally received by all modern writers. He likewise informed them of his having been "oil" the mouth of a river ir latitude 47° 10', where the outset or reflux was so strong as to prevent his entering for nine days." Vancouver adds: "This was probably the opening p;i-^ed by us on the forenoon of the 27th, and was apparently inaccessible, not from the current, but from the breakers that extended aero, s it." So Vancouver had no idea of there being a river there until he was informed by Captain Gray. He afterward admits Gray discovered the river ; for, after leaving Nootka, in Octoler, 1782, he says the serenity of the weather encouraged him to hope that he might be enabled, on his way South, to " reexamine the coast of New Albion, and paiticularly a river and harbor discovered by Mr. Gray, in the Colum- bia, between the 46th and 47th degrees of north latitude." Here is a distinct recog- nition, by an officer of the British navy, of the first discovery of that river by a citi- 74 APPENDIX. zen of the United States. In the year 1787, the expedition of which the ship Colum- bia formed part, was titted out by the sagacious liberality and enlightened enterprise of several citizens of Boston, for the purposes of commerce and discovery on the Northwest coast. From the log-book of the Columbia we learn that on the 11th day of May, 1792, Cnptain Gray discovered the mouth of the Columbia ; and, cross- ing the bar, " found this to be a large river of fresh water, up which he steered." Here they remained until the 20th. That Captain Gray was the first to discover the Columbia river, it is believed, is not now denied. It only remains to inquire whether the discovery has been follow- ed up by such possession and acts of ownership as manifested an intention on the part of the Government of the United States to appropriate the territory thus dis- covered. A reasonable time to manifest this disposition must depend upon the cir- cumstances of each case. In the opinion of the committee, the only equitable rule is this: that such a length of time must have elapsed after the discovery as, under all the circumstances of the parly making it, shall repel the presumption of his in- tention to follow up the discovery by actual possession ; or, in other words, that the right to take possession is abandoned. It will be recollected that, at the time of this discovery, the United States had just commenced the organization of a new Govern- ment; that for many years afterward its undivided attention was required to its rela- tions with foreign nations, to guard its own interests from the aggressions to which they were constantly exposed by the great belligerent powers of France and England. These circumstances, and indeed the whole history of the United States for the next twenty years, sufficiently account for their inaitention to this new territory, without giving any countenance to the idea that they had abandoned their claim, or in the slightest degree weakening their right growing out of the discovery. Whatever opinion may be entertained of the propriety of thii rule, there can be no doubt that the first discovery, followed by the first possession, no matter at how remote a pe- riod, constitutes a perfect title ; and it is equally clear, that in case of simultaneous possession by two parties, one of whom is the discoverer, the right shall be in him. In 1803, the expedition which was placed under the direction of Captains Lewis and Clark, was planned by Mr. JefTerson and approved by Congress, who made the necessary approjtriations for carrying it into efect. The object was to ascend the Missouri to its source in the Rocky Mountains, and, crossing that ridge, to explore the Columbia from its source to its mouth in the Pacific. This duty was performed by those officers with great intrepidity, judgment, and fidelity ; their journal furnish- ing a large amount of useful information relative to the geography, the Indian tribes, and the animal, vegetable, and mineral productions of those vast regions. Having crossed the mountains early in October, 1805, they descended, in their canoes, Lewis River to its junction with the Columbia, and down that river to its mouth, where they arrived on the 14th day of November. Having selected a proper site, they built the houses necessary for their accommodation, and a fort for their protection during the winter, which was passed in making such examination of the surrounding country as the season would permit. Early in the spring, being seriously apprehensive of want of provisions, they anticipated the period originally iixcd lor their return. Be- fore leaving the country, they gave certificates to several of the chiefs, as " traces and evidences" of their having been there. With the same view, a paper was also •posted up ill the fort, to the following efl[ect : " The object of this last is, that through the medium of some civilized person, who may see the same, it may be made known to the world that the party consisting of the persons whose names are hereunto an- nexed, and who were sent out by the Government of the United States to explore the interior of the continent of North America, did penetrate the same by the way of the Missouri and Columbia rivers, to the discharge of the latter into the Pacific ocean, where they arrived on the 14th day of November, 1806, and departed on the 23rd day of March, 1806, on their return to the United States, by the same route by which they had come out." On their return homeward, they divided into two par- ties: Captain Lewis carefully examining Clarke's River and its principal branches; while Captain Clarke, crossing over to the Yellow Stone, desccHded that river to its junction with the Missouri, where the two parties reunited; thence they proceeded to St. Louis, and the two officers reached Washington in February, 1807. The prac- ticability of crossing the Rocky JNIountains being thus satisfactorily established, the attention of our citizens was attracted to this quarter by the quantity and quality of the furs, which were said to be excellent and abundant. «« The eai (trading est! called the IV Manuel Lis the two ens Mountains, The post or the country and the diffi the superin In the sai tion for the successful ] The plan w round Cap( Tonquin, w following, P. Hunt. The Ton( ing their pr: Astoria, ma Washingto: claim and r it will not 1 actions of t trading esta been in acti latter perioc force was a lishmenis, proach of a British slo( substituted From thi Columbia, committee territory, o: ment now nal discove mittee will The prel tested, bec£ subject, dif certainly p Mackenzie rises in th course, en mountains. thr.t, for th all hands i a point wl; north, and 1773, and tains. W river — tha discovery the river. after cross * Grecnlv sop, in 180G APPENDIX. 75 ship Colum- m1 enterprise very on the on the nth ; and, cross- he steered." believed, is been foUow- ition on the ry thus dis- pon the cir- juitable rule ry as, under n of his in- rds, that the time of this ew Govern- d to its rela- ms to which nd England, for the next iry, without n, or in the Whatever doubt that emote a pe- imultaneous 1 be in him. )tains Lewis 10 made the ) ascend the 2, to explore IS performed nal furnish- ndian tribes, 18. Having noes, Lewis where they ley built the 1 during the ling country ehensive of return. Be- , as " traces ler was also hat through nade known ereunto an- explore the the way of icific ocean, m the 23rd le route by to two par- ! branches; liver to its y proceeded The prac- )lishcd, the I quality of " The earliest attempts made by citizens of the United States for similar purposes (trading establiphments) were those of an association, formed at St. Louis in 1808, called the Missouri Fur Company. At its head was an enterpiising Spaniard named Manuel Lisa, through whose exertions, chiefly, several trading posts were, within the two ensuing years, established on the Upper Missouri, and one beyond the Rocky Mountains, on the head- waters of the Lewis, the southern branch of the Columbia. The post on the Lewis appears to have been the first ever formed by white men in the country drained by the Columbia.* The enmity of the savages in its vicinity, and the ditficulty of procuring a regular supply of food, however, obliged Mr. Hen /, the supcrmtendent, to abandon it m 1810." In the same year (1810) Mr. John Jacob Astor, of New York, formed an associa- tion for the purpose of occupying positions on the Columbia River favorable to a successful prosecution of the fur trade. It was known as the Pacific Fur Company. The plan was to divide the forces intended for this enterprise ; to send part by sea round Cape Horn, arid part by land across the continent. Accordingly, the ship Tonquin, with the first detachment, sailed from New York in 1810; and in January following, the second detachment left St. Louis, under the direction of Mr. Wilson P. Hunt. The Tonquin arrived at the mouth of the Columbia in March, 1811, and establish- ing their principal factory on the south bank of the river, they gave it the name of Astoria, made familiar to every ear by the elegant and interesting narrative of Mr. Washington Irving. As the object of the committee is only to show the continual claim and actual possession of the territory, from the time of its discovery in 1792, it will not further our design to give an account of the commercial and trading trans- actions of the association. They occupied Astoria, and their different hunting and trading establishments on the river, until the 16th day of October, 1813 ; having thus been in actual posi;ession from March, 1811 — two years and six months. At ths latter period, having received information, upon which they could rely, that a British force was approaching forcibly to dispossess them, the managers sold "all the estab- lishmenis, furs, and property," to the Northwest Company. The report of the ap- proach of a British force was soon verified ; for, in December following, the Rackoon British sloop of war arrived at Astoria, of which Captain Black took possession, substituted the English for the American flag, and changed the name to Fort (korge. Fiom this narrative, it a])pears that the Americans were the first to discover the river Columbia, and first to take possession of the territory through which it passes. The committee has no doubt that the United States has thus acquired a title to that whole territory, of more validity than that of any other nation. As the British Govern- ment now refuses to acknowledge the claims of the United States either to the origi- nal discovery or possession, (the discovery was admitted by Vancouver,) the com- mittee will advert to the facts and reasons by which they justify this refusal. The pretensions of Captain Gray to the honor and right of the discovery are con- tested, because it is alleged that, at the same time, Alexander Mackenzie, a British subject, discovered the northern branch of that river. If that allegation be true, it certainly produce?^ some difficulty. That it is not true, we have the testimony of Mackenzie himsL'lf, who has left us the only account of his travels. Peace River rises in the Rocky Mountains in latitude 55°, and, running generally a northeast course, emptief) into Slave River in latitude 59°. The entire river is east of the mountains. But on this river Mackenzie tells us he spent the winter of 1792-93 ; that, for the accommodation of his party, on the 7th of December, 1792, he " set all hands at work to construct the fort, "build the house, and form store-houses," at a point which he ascertained, " by various observations," to be in latitude 59° 9' north, and longitude 117° 35' 15" west. This place they left on the 9th of May, 1773, and, ascending Peace River on the 17th, came in sight of the Rocky Moun- tains. We have seen that, in May, 1792, Gray had discovered the mouth of the river — that, so far from the river being simultaneously discovered, the American discovery was at least one year before the British, even if Mackenzie ever touched the river. His own account gives no reason to suppose that he did. Ha sajs that, after crossing the Rocky Mountains, he came to a large river, which he descended * Grecnliow.— Permanent post must be meant; for Lewis a'ld Clarke had erected Fort Clat- sop, in 1805, as we have .seen, at the mouth of the river. 76 APPENDIX. H {or several days in a canoe ; but, becoming discouraged by the difficulties of the na- vipjatioii, he determined tu make an ctfbrt to reach the Pacific Ocean by land. For thisi purpose he returned up the rivjr to a point from which he had resolved to ad- vance west by the shortest route to the ocean, where they arrived July 22nd, in lati- tude 52^ 23' 43". Thi.s river, he tells us, was navifi;able, and, by his account, he reached it in about 56^ north. None of the sources of the Columbia are north of 54^. The source of the Columbia is directly south of the source of Peace Hi ver; but the object of Mackenzie (tu reach the Pacific) would carry him west, and not south. The Columbia is known not to be navi of the Columbia. For these reasons, the commit- tee is led to the concl* ' tbat Mackenzie did not see the Columbia River. Me himself admits that he Ui>. ;vo* ■ • ■ so until June, 1793, leaving Captain Gray the undisputed discoverer. The committee submits the follow i> extract of Mr. Greenhow's Memoir, upon the disputed question of prior possession : " With regard to the priority of their discoveries, the plenipotentiaries of Great Britain, in the statement presented by ihem to the American minister during the negotiation of 1826, make the following obser- vations- ' In reply to the allegations, on the part of the United .States, that their claim to th'.' country is strengthened and confirmed by the discovery of the sources o'' the Columbia, and by the exploration of the course of that river to the sea, by Lewis and Clark, in lS05-'6, Great Britain affirms, and can distinctly prove, that, if not be- fore, at least in the same and subsequent years, her Northwestern Trading Company had, by means of their agent, Mr. Thompson, already established their posts among the Flathead and Kootanie tribes on the head waters or main branch of the Colum- bia, md were gradually extending them down the principal streams of that river : thus giving to Great Britain in this particular, as in the discovery of the mouth of t'-.o river, a title of parity at least, if not of priority of discovery, as opposed to the United States. It was from these posts that, having heard of the American establish- ment forming in 181 1 at the mouth of the river, Mr. Thompson hastened thither, de- scending the river to ascertain the nature of that establishment.' As the words ' in the same and subsequent year,' are rather indefinite, the dates of the occurrences above mentioned will be slated somewhat more exactly. Lewis and Clarke reached the Pacific ocean, after exploring the Columbia River from one of its most eastern head waters in the Rocky Mountains to its mouth, on the 15th of November, 1805. In the spring of 180G, as will hereafter be shown, Mr. Simon Frazer, and other persons in the employment of the Northwest Company, crossed the Rocky Moun- tains through the great gap near the 56th degree of latitude, and established the first British trading post west of that chain, on Frazer's lake, about two degrees further south ; but no evidence has been obtained that British subjects had ever visited any part of the country drained by the Columbia, above the falls of that river, before the summer of 1811. In that year, Mr. Thompson, astronomer of the Northwest Company, and his party, on their way down the stream, for the purpose of antici- pating the Americans at its mouth, did build some huts on the northern branch, and did there open trade with the Flathead and Kootanie Indians ; and from these posta Mr. Thompson did, indeed, hasten down to the ocean, where he, however, found the citizens of the United States in full possession." Suppose the possession by Thompson and Lewis and Clarke to have been simultaneous, as alleged by the Bri- tish ministry, the committee is clearly of opinio:; that even such possession, strength- ened by our prior discovery, gives us the better Mtle. Having thus established in the United States the priority both of discovery and possession, the committee proceeds to a consideration of the events which followed the occupation of Astoria by the British, in December, 1813. By the first aiticle of the treaty of Ghent, it is agreed that '• all territory, places, and possessions, whatso- ever, taken by either party from the other," etc., " shall be restored without delay." Astoria, having been taken from the Americans during the war, was included in the 1 stipulations agent, J. B. «' In obedic in a disjiatch ners or agent: and in obedi Esq., cajjtain formity to th United State? on the Colun tlie Columbia I do hcrcli of the United to the first ar George, Colu It is true t lions to the I of possession of dominion Mr. Rush, af ample extent ing of the tit Notwithsti] the restoratio reagh of our facts very im place, it prov laration of th the war. Ai Castlereagh, they recogniz unfortunately The effect" position bcf( determine wl act of surren River." Th Certainly soi toration exte (Fort Georgt that occupat countries art of Lewis an^ the winter ii formal posse States, const occupied by with the ten We have reasonable t tered by the P APPENDIX. ?s of the na- y land. For solved to ai- i2nd, in lati- account, he are north of Peace lliver; •est, and not e it is possi- Coiumbia he val in which )t have been izie's general the 10th, af- is nearly as the commit- River. He aiii Gray the [emoir, upon rhy of their nted by iheni 3\ving obser- xt their claim lurces of the ;a, by f^ewis at, if not he- i)g Coin pan y posts among the Colum- f that river ; ;he mouth or 3posed to the \n cstal)lish- 1 thither, de- le words ' in occurrences arke reached most eastern imber, 1805. ir, and other •cky Moun- ihed the hrst ;rees further r visited any river, before e Northwest iG of antici- branch, and I these posts ever, found issession by . by the Bri- )ij, strength - scovery and ch followed rst aiticle of ins, whatso- lout delay." luded in the stipulations of this article, and was restored to the United Slates, through their agent, J'. B. Prevost, p]sq., in the following manner: agent, J. J5. I'revost, i^^sq •' In obedience to the commands of hi? Royal Hignoss the Prince Regent, Fignified in a dis])atch from the right honorable the Karl of Bathurst, addressed to the part- ners or agents ai the Northwest Company, bearing date the 27th of January, J 818, and in obedience to a subsequent order, dated 2(Jth of July, from W. H. Siieriff, Esq., captain of his Majesty's ship Andromache, we, the undersigned, do, in con- formity to the first article of the treaty of Ghent, restore to the Govern ment of the United States, through its agent, J. B. Prevost, Esq , the settlement of Fort George, on the Columbia River. Given under our hand, in triplicate, at Fort (icorge, on tlie Columbia River, this Gth day of October, 181^. " F. HICKEY, Captain of Jik Blajesfifs ship Blossom. " J. KEITH, of the Northwest Company" I do hereby acknowledge n have this day received, in behalf of the Government of the United States, the possescioii of the .^settlement designated altove, in i. informity to the first article of the treaty of Ghent. Given under my hand, in triplicate, at Fort George, Columbia River, this 6th day of October, 1818. " J. B. PREVOST. Agent for the United ' ricy." It is true that, in the dispatch of Earl Bathurst, and in Lord Ca.stlereag':'s in..u -.c- tions to the British minister at Washington, a reservation is made, that th(, surrender of possession should not be deemed an admi.^sion of the absolute and exclusive right of dominion claimed by the United States; but at the same time, in exph.'iation to Mr. Rush, as stated in a public dispatch, " Lord Castlereagh admitted, in the most ample extent, our right to be reinstated, and to be the party in possessi'' ^ while treat- ing of the title."* Notwithstanding this protest against any inference favorable to our title from the restoration of the territory, that restoration, and the admission of Lord Castle- reagh of our right to the possession during the controversy, are conclusive of some facts very important to an equitable settlement of the rights in dispute. In the lirst place, it proves the Americans to have been in possession in June, 1812, at the dec- laration of the war; for such places only were to be restored as were taken during the war. And, in the second place, the act of restoration, and the admission of Lord Castlereagh, establish the important fact that we are actually in pos.session now; for they recognize our right to the ])ossession while treating of the title, which treating, unfortunately, has not yet been brought to a close. The eflijct of the surrender of Fort (jeorge was to restore the United States to their position before the capture, reinstating them in all their territorial rights, etc. To determine what was restored, we must lirr-t ascertain what was surrendered. The act of surrender designates it as " the settlement of Fort George, on the Columbia River." The question recurs, what was embraced in the .settlement of Fort George ? Certainly something besides the fort itself. The terms of the act imply that the res- toration extended beyond the site of the fort. The extent of the settlement of Astoria (Fort George) depends upon actual occupation, intention clearly manifested to extend that occupation, and principles of law by which the limits of .settlements in new countries are defined. The discovery of the Columbia by Gray ; the public mission of Lewis and Clarke, who twice traversed the w^hole breadth of the territory, spent the winter in a temporary fort, which they built on the bank of the river, and took formal possession, by the authority, in the name, and at the expense of the United States, constitute a title to territory beyond the mere line of march and the ground occupied by the fort. The right of our citizens to form settlements was coextensive with the territory covered by this title. We have already seen that the discovery of a river and actual possession within a reasonable time give the right to form settlements on every part of the territory wa- tered by the river and its tributaries. This right may be surrendered, or it may be ♦ Cu»l)ing'e Report. 78 APPENDIX. lorfeitcd by non-user. There is no pretence that in this case it has over been sn:- Dndereii, nor can a forfeiture be successfully urged. This ])rinciple will carry the njrthern boundary of the United Slates west of the Rocky Mountains to about 54°. This will be the northern limit of the title acquired by tlie discovery und possession above referred to. There is another principle by which the extent of the risht of our people to form settlements in this territory may be ascertained. It is .settled that the nation which takes possession of unoccupied territory acquires the right to form settlements of it.^ people in every direction, over one-half the space intervenini; between the point of such actual possession, and the settlements already made of any other organized community. How will the recognition of this principle aflect the present inquiry ? The position occupied by Lewis and Clarke, (Fort Clatsop,) and A.^toria, are m lat- itude 46^ 18'. The most southern point of which Cook took po.'^.session, though no settlement followed, was at the mouth of Cook's River, in latitude 61° 30'. The in- termediate point between the mouth of Columbia and Cook's River is 53° 54', and thi« would be our northern limit. The extent of our right under either principle would be nearly the same. The committee proceeds to exhibit, from the best information within its reach, how far this right of settlement by citizens of the United States has been actually exer- ercised. Mr. Astor, in a letter to the Hon. J. Q. Adams, then Secretary of State, dated Mew-York, January 4, 1823, states that his plan in 1810 was to make an es- tablishment at the mouth of Columbia River, which would serve as a place of depot, and give further facilities for conducting a trade across this continent, to that river, etc. We have already stated that the agents of Mr. Astor, apprehending an invasion from a Hritish force, sold the establishments, etc., to the Northwest Company. The article of agreement for this purpose throws some light upon the extent of the coun- try actually in the occupation of the Americans. It is dated the 16th day of October, 1813, and recites, that an association had heretofore carried " on the fur trade to the Columbia River and its dependencies, under the lirm and denomination of the Pacific Fur Company." The first articles covenant, etc., for the sale and delivery "of the whole of their establishments, furs, and present stock on hand, on the Columbia and Thompson's Rivers;" and the fourth article refers to "John Reid's adventure, and Freeman's, in the vicinity of Snake country and Spanish River." One of the wit- nesses to this agreement is Alfred Seton, Esquire, now a resident of the city of New- Yck, A letter was addressed to him, asking information of the number and loca- tion of Mr. Astor's e.stablishments. Mr. Seton was one of the young men selected by INI'-. Astor to carry out the extensive plans which he had formed for establishing a trade in these vast regions. He is a gentleman of education and character, and participt'ted in the events he relates. His reply is dated at New-York, 26th March, 1842, oi which the following extracts are applicable to our present purpose: " Thompson's River was the north branch of the Columbia. In the common par- lance of tl e country, among our people, the southern branch of the Columbia, by which Lew's and Clarke went down to the main river, was called Lewis's River. So the northern branch was, by the northwesters, called Thompr.on's River." " The post or establishment alluded to in the treacherous agreement for the trans- fer of Mr. Asvor's property was that of Okenagan, established by David Stuart, of the I'.ncific Fur Company, in the autumn of 1811, and situated about 150 or 200 miles up Thompson's River, or the north branch of the Columbia." Mr. Seton proceeds: " I will try to coivey to you some sort of ideas of the country, and out of these you must pick, if yoi. can, the information you require. Lay before you the map ap- pended to the second volume of Astoria, follow up the south branch of the Columbia, or Lewis's River, until you come to a tributary stream called the Kooskooske. This little river, you will see, runs from a spur of the Rocky Mountains. Lewis and Clarke embarked on it, where it first becomes deep enough to swim a canoe, and floated down to the south branch of the Columbia. This south branch, from the mouth of the Kooskooske to the forks, being the only part navigated by Lewis and Clarke, is called Lewis's River; above the mouth of the Kooskooske, it is called the Snake River, and the ailjacent country the Snake country. The Indian name for this part of it, however, is the Camoenuni. The Pacific Fur Company established a post at the head of the Kooskooske in the summer of 1812, and nearly where Lewis and Clarke built their canoes. This was located by Donald Mackenzie, of whose party both John I make ourse it was my 1 or Canioeni north and v bia, (called, referred to, he found M "John Reii direction." " At the were — " 1. A.sl( "2. Oke lumbia. "3. Spo A brandi o country, an " 4. A p " 5. One These pc cipal tribute between th it in its pov of Europea United Stat was perfec ates. Altl: time, yet tl and .^ettlem or agreeme Astoria, th( with it ; ar although tl not lost, I'o longed tot nor has th( the conven governmen The con sion, coup] that it shal session pei tinuance o We leai The dorna of its nec( vantages a which ihe country." The foil " VVhei never yet ereignty, f All the which Va be rejecte( be conteui ring no r Mr. Prev< sent a bat APPENDIX. 79 cr been 5u:- II carry the about 51°. possession iplo to form ition which inents of itfl the point of r organized snt inquiry ? I, are m lat- , though no 0'. Th.-in- 54', and this ciple would ! reach, how tually exer- iry of State, nake an cs- ice of depot, o that riv(!r, an invasion )any. The )f the coun- of October, trade to the f the Pacific ery " of the :ilambia and •cnlure, and ^ of the wit- ;ity of New- er and loca- nen selected establishing aracter, and ;6th March, it purpose : ommon par- alumbia, by River. iSo )r the trans- d Stuart, of 3r2()0 miles n proceeds: (f these you lie map ap- ; Columbia, tske. This Lewis and canoe, and 1, from the Lewis and s called the ime for this shed a post Lewis and rhose party ^olll John Reid and myself were members. In our various exploring expeditions, to make ourselves practically acquainted with the fur bearing properties of the country, it was my lot to take the route from the mowth of the Kooskooske, along the Snake or Cunioenum lliver, to the west " " Mackenzie explored the region of the country north and west, lying between the Kooskooske and the northern branch of the Colum- bia, (called, as before said, sonietinies Thompson's Uiver, and laid down in the map referred to, as Clarke's River.) This region was called the Spokan country, and in it he found Mr. Clarke, also a partner of the Paciiic Kur Company, already established." •' John Reid went to the eastward, if I remember nghtly, to look at the country in that direction." " At the time of the transfer of Mr. Astor's property, the posts actually established were — " 1. Astoria, near to the seacoast. " 2. Okenagan, at the confluence of that river and the north branch of the Co- lumbia. " ;{. Spokan House, on the river of the same name, and with the Spokan Indians. A branch of this establishment had also been pushed further west, in the Flathead country, and among the Coutonois Indians. " 4. A post, as before mentioned, on the Kooskooske. " 5. One on the Wallamette River." These posts, established in all parts of the territory on the Columbia and its prin- cipal tributaries, at intervals of several hundred miles, and with water communication between them all, constitute all the possession which the Pacilir Fur Company had it in its power at that time to take, and all that was required by the laws and usages of European nations in acquiring territory on this continent. The inchoate title in the United States, by the discoveiy of Gray and the exploration of Lewis and Clarke, was perfected by the actual settlement and occupation by Mr. Astorand his associ- ates. Although a title by discovery, without possession, may be lost by lapse of time, yet the title of the United States, perfected as this was by the actual possession and settlement of their people, could not be thus lost or divested, except by conquest or agreement. If the posts above enumerated were included in the capitulation of Astoria, then they are within the provisions of the treaty of Ghent, and were restored with it ; and of course there was no conquest. If not included in the capitulation, although the American parties (cut off from their depot) were withdrawn, our title is not lost, for there is no pretence of an agreement for its surrender. The territory be- longed to the United States ; was not open to the colonization of any foreign country ; nor has the Northwest Company any rights there, except such as were conceded by the conventions of 1818 and 1827 — no right of domain in them, or dominion in their government. The committee proceed to inquire, what are the consequences of this actual posses- sion, coupled with the right ? The restoration absolute, but forthe single condition that it shall not be used as evidence in the discussion of the title, and the right of pus- session perfect in its character, limited only in its duration, constitute, during the con* tinuance of the latter, a complete title. We learn from Vattel that this right of possession comprehends two things : " 1. The domain, in virtue of which the nation alone may use this country for the supply of its necessities, and maydispo.'ie of it in such manner and derive from it such ad- vantciges as it thinks proper. 2. The empire, or the right of sovereign command, by which the nation ordains or regulates at its pleasure everything that passes in the country." The following paragraph is exactly applicable to our present case : " When a nation takes possession of a country (our possession is admitted) that never yet belonged to another, it is considered as possessing there the empire or sov- ereignty, at the same time with the domain." All the powers and authorities of government are comprised in the right of empire, which Vattel informs us accompanies the possession. But if the authority of Vattel be rejected, reason and argument lead directly to the same conclusion. It will scarcely be contended that the possession thus restored was a mere naked possession, confer- ring no rights upjon the United States. The power which was competent to send Mr. Prevost to receive and acknowledge the act of restoration might certainly have sent a battalion of troops to have mai'ched into the vacated post, and to have restored so APPENDIX. the flap; of the United States. In such an event, who that knows the restless and enterprising character of our people will hesitate to helieve, that long ere this hirge and flourishing settlements would have heen formed in every jjart of the territory ■■ We say in every part of the territory, for the possession of Astoria, at the mouth of the river, was a virtual possession of the whole, and the restoration cf Astoria was a virtual restoration of the whole. If such settlements hud been formed by citizens of the United States, it would have become not only the right but the duty of our government to have extended to them the protection of our power and the benefits of our laws, otherwise they must have been settlements without laws ; for if the United States, in possession, had not the right of empire, no other government, out of possession, could lay claim to any such right. This course of reasoning might be greatly extended ; but the coiimiittee, throwing out tliese few lAvAs for the considera- lioa of ihe Hou.se, jiroceeds to the examination of the conventions of 1818 and 18-27, to ascertain if the right of empire, thus in the United Stales, has been, by anything therein contained, divested or restricted. By the third article of the convention of 1818, " it is agreed that any country that may be claimed by either party on the northwest coa.it of America, westward of the Stony Mountains, shall, together with its harbors, bays, and creeks, and the naviga tion of all rivers within the same, be free and open, for the term of ten years from the date of the signature of the present convention, to the ves.?el8, citizens, and subjects of the two Powers ; it being well understood that this agreement is not to be con- strued to the prejudice of any claim which either of the two high contracting parties may have to any part of the saiil country," etc. By the fiist article of the convention of 1827, it is agreed that the provisions of the first article of the convention of 1818, above recited, " shall be, and they are hereby, indefinitely extended and continued in force in the same manner as if all the provi- sions of the said article were herein specifically recited." By the second article it is agreed, " it shall be competent, however, to either of the contracting parties, in case either should think fit, at any time after the 20th of Oc- tober, 1828, on giving d\ip notice of twelve months to the other contracting party, to annul and abrogate this convention ; and it shall, in such case, be accordingly entirely annulled and abrogated, after the expiration of the said term of mjtice." The third article saves all rights and claims of the parties. The first remark we have to make upon these articles is, that they contain no reference whatever to the posses-sion, which, by tho treaty of Ghent, and subsequent acts \inder it, was ac- knowledged to be in the United States, in the most formal manner, and which could not be divested except in a manner equally formal, or by the consent of the Uniieu States, under the limitations of that acknowledgment. It is hardly necessary to ob- serve that in neither manner is it divested by the stipulations of these conventions, oi either of them. What rights, then, were granted or acquired by these conventions .' Clearly none inconsistent with our previously admitted pos.session. We have seen, from the high- est authority, that the right to govern is incident to the possession. The right of the citizens of the United States, under this possession, and with the peimission of this government,;to cultivate the soil, navigate the rivers, fish, hunt, etc., is also clear. This right of our citizens existed with the possession before the war of 1812, and was re- stored with the restoration of the " settlement of Fort George," on the 6th day of October, 1818, prior to either of these conventions, and of course independent of both. If this be true, we acquired no new rights under the convention of 1818; all these accompanied our prior possession. That convention, then, was a concession to Eng- lish subjects of a participation in individual rights, which, but for that convention, woul(' have xppertained exclusively to our own citii^iens. It contains no recognition of any authority in the British Government over the territory. i restless and -•re this large .he territory •' lip mouth of Astoria was il by citizens duty of our ! the benefits i ; for if the iment, out of ng might he le conwdera- 8 and 1827, by anything country that tward of the the naviga ars from the md subjects )t to be con- cting parties isions of the are hereby, 1 the provi- eitherof the 20th of Oc- ng party, to gly entirely remark we tever to the it, was ac- vhich could the United ssary to ob- ventions, oi learly none fn the high- right of the sion of this clear. This uid was re- 6th day of mtof both, i ; all these on to Eng- ;onvention, recognition