The Sun.
London, England, 1845-04-05 00:00:00

emigration of certain parties from the United States. In the
thir.i place, there is an assertion that before any long time the
institutions of the United States would be extended to that
territory, and that the new States would form a part of the
federal union. It was upon this subject that he wished, after
the appeal of the President to the people of the United
States, to call the attention of the House. —( Hear. )
He wished to show how far the President of the United States
was justified in declaring his intention, without the sanction of
any treaty or convention, of occupying this territory. In a
matter of this kind it was necessary to inquire into the usage
by which a right to any territory hitherto unfixed and un-
claimed was claimed. With regard to an uninhabited country
there might be a title by ancient discovery, by treaty or con-
vention, or thirdly by settlement and occupation. Now what
tees the right of the United States, as he gathered it from re-
ports made so lone; ago as 1825 and 1826, by a Committee of
the House of Representatives? With regard to ancient dis-
covery the United States claimed all the rights that were de-
rived from Spanish discovery, but he would not much regard
a discovery at the end of the 16th century. which consisted of a
landing of a few hours on the cast, without any attempt made
to perfect it by occupation. But even on the point of prior dis-
covery he would be ready to meet the President of the United
States, and would contend for the discovery of Sir Francis
Drake in 1578 as compared with the discovery of the Spanish
navigator in 1592. Then with regard to the question of
treaty; but before he went into that he would state what was
the position of what was called the Oregon Territory.
It might be considered as the territory lying between the
Rocky mountains and the Pacific, from east to west, and be-
tween latitude 40:or 42 and 59 from north to south. Now, as
far as he could ascertain, that large territory did not appear to
have been the subject of stipulations between the countries of
Europe till late in the last century. It was said by America
that the treaty of Utrecht referred to that territory, but he
could not find any reference to it in that treaty, and there did
not appear to him to be any claim on that ground. It was
said again that the treaty of 1763, the treaty of Paris, gave to
France or Spain, or to one or other, all the territory to the
west of the Mississippi. it so happened that on a late occa-
sion he found it necessary to read the negotiations which had
taken place with regard to the treaty of Paris, and had con-
sulted the various dispatches which passed between the Duke
of Bedford and the French Minister, and it was clear from
those documents that the only question between France
and England at that moment was as to the set-
tlement between Canada and Louisiana.—( Hear, hear. )
By the trealy Canada was ceded to England, and Louisiana to
France, with the exception of some parts to the east of the
Mississippi. They must then consider whether Louisiana, as
it was then held by France, comprehended any portion to the
west of the Rocky Mountains, and upon this a very excellent
pamphlet had been published by Mr. Faulkener.—.(Hear,
hear.) It appeared, from the instructions sent by Louis XI V.
to M. Croissade, who was at that time at the head of the Go-
vernment of Louisiana, that he did not consider Loui-
siana extended so far as the Rocky Mountains. It would
appear that it was considered to extend to the country
westward of the Missouri and the Mississippi. There
was nothing, therefore, in the treaty of 1763, from
which it could be inferred even by implication that any title
was created to the territory beyond the Rocky Mountains.
Next they came to the claims which it was said arose from the
discoveries of navigators, and the settlements made on the
coasts. In the year 1785, the question arose with regard to
Nootka Sound. That settlement was attacked and destroyed
by the Spaniards. The English Government demanded re-
dress from the Spanish Government, that redress was given to
them, and terms were agreed on with regard to the future oc-
eupation of the country. Those terms showed that the country
was considered as one to which no valid claim of sovereignty
could iso established by either party. It appeared that neither
the English nor the Spanish Governments had formed such
settlements there as to give a valid title to the territory. He
could refer the [louse to the Convention agreed on at the
Escurial, in relation to this subject, which would be formed in
" Hertslet's Commercial Treaties." By the sth article of that
Convention, it was agreed that the subjects of either country
should have free access to the territory to carry on their
trade without. molestation from the other. It was agreed that
all parts of the north of the Spanish settlements should be open
to the subjects of both countries, but that neither Spain nor
England should finally settle there for the purpose of assuming
the sovereignty of the country. Now it did nut appear that
Spain had any settlements to the north of latitude 40. At all
events, she had none so far north as the mouth of the Co-
lumbia River. By the treaty, it was open either to Great
Britain or to Spain to perfect the discovery of the country,
and to establish and make settlements in consequence of such
discoveries. Captain Vancouver, after that convention had
been entered into, was sent by the British Government to make
discoveries, and to take possession, in the name of the King of
Great Britain, of such territories as he might discover. He
now came to another part of the claim of the United States—
viz., that which was founded on alleged priority of discovery.
It appeared that a merchant vessel, called the Columbia, com-
manded by Captain Grey, had discovered an inlet, which Capt.
Grey supposed to be the inlet to some river. This was in the
month of May, 1792. After remaining at anchor in that inlet
for some time, and sending out boats for the purpose of ascer-
taining the limits of the bay, and ascertaining that it was not
the inlet of any river, the ve-sel sailed out into the Pacific
Ocean. This was clear from the statement made by Captain
Grey, for he said, that after some days having found what they
thought was the channel of a river, they discovered their mis-
take, for what they had discovered was clearly no channel, and
they returned. Shortly after, Captain Vancouver arrived, and
he not only entered the inlet, but he sent his first-lieutenant,
Lieutenant Broughton, in his boat, to go down the river.
Lieutenant Broughton was more successful than Captain Grey
had been, for he not only discovered the entrance to the Columbia
river, but he proceeded up that river to a considerable distance.
Captain Vancouver took possession of it and Nootka Sound in
the name of the King of England, and this was a valid pos-
session. He sailed up its course fur some days in a boat, to a
distance of ninety or one hundred miles from the mouth, and
discovered much of the territories surrounding it. It was
agreed that the river should be called the Columbia; and
Lieutenant Broughton returned to the ship, But Captain
Vancouver took possession of the river and the coast ad-
jacent to Nootkha Sound, in the name of his Majesty the
King of England. Here, then, was indeed something
like a regular and well-founded title, the taking pos-
session. pct by the commander of a merchant vessel, but by
an officer in the uniform of the King of England, for the
purpose of occupation and settlement.— (Much cheering.)
The we-e the most important diplomatic transactions that
had taken place in relation to this subject. But there are
other transactions on which the Committee of the House
of Representatives had attempted to found some claim, and
which, I think, will not be found to sustain that
claim.
In 1803, France surrendered to the United States all its
rights with respect to Louisiana; and, in 1819, Spain ceded
to the United States all its rights in connexion with
Floridand
ta Spain, arising from the possession of these countries, ex-
tendedha
to the Kest of the Rocky Mountains, it is manifest
a tno treaty made by them could convey to another party
hlte
held
dd
in beenhis
hand,
as
nt stated e tl
that the district of
title to y
me countries to which the
themselves American
iaLnou
ipsiaamnpahilnent
the land on the east side of the Miesiss'ppi and the Rocky
which
l
Mountains—that district included between the land claimed by
Spain on the one side, and by Great Britain on the other ;
but unless Louisiana was included in that part of the territory
west of the Rocky Mountains, it ought not to have been in-
cluded in the convention. The words of the treaty, too, were
worthy of observation. They did not say the territory belonging
to or acknowledged to belong to, but the territory " claimed
by" Great Britain.—( Hear.) With regard to the cession by
Spain, the only cession they had any right to make was under
the convention with Great Britain relative to Nootka Sound.
There was a convention between Spain on one side, and Great
Britain on the other. The two Powers afterwards went to
war, and it was used as an argument, on the part of the United
States, that in consequence of that Great Britain had lost all
title which it claimed under the convention. The fact
was, that the convention was renewed by an additional article
in the treaty between this country and Spain, in 1814, there-
fore they could only succeed to such title as Spain held in 1814.
It was a title to settle and trade in that territory. Then he would
come to the third question, which was the most important of
all the modes of establishing a title—he meant the title by
occupancy and settlement. The question now for them to
consider was, whether there was what the President of the
United States called a title, real and unquestionable, to be
made out of occupancy and settlement. He had already stated
that there was a settlement in Nootka Sound, and that
there was also a settlement made by the Hudson's Bay Com-
pany in the Oregon territory. In 1811, as was stated by
Washington Irving, Mr. Aston made a settlement in Colom-
bia. Shortly afterwards there was a war, and the question
was who should take possession of the Astonian territory. The
settlers, in the meantime, agreed with a company, called the
North Western Company, for the sale of that colony. That
sale was effected but under the treaty of Ghent, in 1815,
owing to some misapprehension on the part of the English Go-
vernment, Lord Bathurst thought it right to restore the settle-
ment under the first article of the treaty, which provided that
all possessions previously belonging to either of the two Powers,
and captured by either party during the war, should be re-
stored to their former possessors. It was urged on the
part of this country that the covenant of restitution
did not apply to Astoria, for that settlement had not been cap-
tured, but regulaily sold by private purchase. The transaction,
however, took place ; but though this was :so, and though the
settlement was given up to an agent of the United States,
the Americans, in point of fact, did not re-establish any
settlement in Astoria.—( Cries of "Hear, hear.")
A few years afterwards, the Hudson's Bay Com-
pany and the North West Company united, and were
Joined into one company by Act of Parliament. The company
eecupied the settlement, and called it Fort George, and Mr.
Farnham found established there a clerk of the Hudson's Bay
Company, who was called King of the Indians, exercising the
greatest influence over the natives, found no one else in power,
and who, in fact, was the only person having any influence or
~tthority, Mr. Farnham gives an account of a company
est„:lished in the United States, and called the Pacific
For Company, and he expresses his regret that this specula-
tion was a total failure. He relates, very fairly, that the reason
of this failut7l was rot violence or aggression by British subjects,
but because the Hudson's Bay Company acted with a more en-
larged spirit of entert7iset understood the trade better, and took
a more accurate a' cornp7ehensive view tel the best modes f o
-r
capation, the manner of des..
.with the natives, nd
the safest and best way to conduct 'tradete in every respect.
They were obliged to sell their settlements to the Hudson's Bay
`
Company. It was taken, on good authority, that there were
20,000 people living in this part of the Oregon territory,
very few of whom were citizens of the United States, and
at the same time the Hudson's Bay Company had agents who
had made settlements throughout the country.—( Hear. )
He liked to quite American authority, and was glad to find
another American citizen—a lieutenant in the American 3er-
vice—bearina the highest testimony to the intelligence, the
integrity, and the benevolence with which the Company guides
its course in all its transactions with the natives,--(Hear
hear.) They all knew that dreadful story in the history of
American civilization which told of civilized people prevail-
ing with the unfortunate savages, by giving them intoxicating
drinks, to part on unfair terms with their furs and other goods
—of civilized men, thus brutalizing the wretched savages with
the rum and brandy they sell them in exchange for the pro-
duce of their hunting excursions. Now the gentleman to
whom he had alluded—a lieutenant in the American service
—said that the Hudson's Bay Company did every thing to pre-
vent such transactions on the part of their agents. 'I he Com-
pany had large stores of rum, hut this is not allowed to be sold
to the savages, and a ship having lately arrived with a cargo of
spirits, the Company actually bought up the whole cargo, to
prevent the degradation of the Indians caused by that immode-
rate use of spirits which has beets the ruin and destruction of so
many of that people. Such was the high character that the Cern-
pany deservedly bore—such the extent of their transactions and
the spirit wherein they carry them on. It was obvious, seeing
the increase of relations which must take place be-
twsen this country arid our Indian possessions and China,
it was of the very first irenertance to have the come
mand of that part of the coast. There might be ports as good.
or better, ferther to the north, in the neighboorhood of
Nootka Sound, but those ports were unapproachable. What
was the result of the statement which he had endeavoured to
make to the House on this difficult sub get ? Why, that with
regard to ancient discoveries, England had a better clgint than
*he United States, Wiih respect to the treaties, the
seeee had no
ntetund whateyer to rest. Upon the
United alien, as well as by treaty, the ciairos of
ground of di covert',
Is
-es disputed territory than tilos,-
the. country were stronger to tea, ineonsu subjects, for
of the United States.—( Hear, hear.) e -w-tw
the most part, occupied it, and English subjects were ._ en-
gaged in carrying on a traffic of great importance there.
Having thus, in a general manner, stated the claims of the re-