New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-10-28
Z IUul lIIc I II8oUe' P''1o -
OREGON TERRITORY.
7}JH TITLE OF THE UNITED STATES TO ITS
49, SOVEREIGNTY.
BY PETER A. BROWNE, L. L. D., OF PHILADELPHIA

THE TITLE OF sT1 HE KN{TETP STATES TO IT'S
By PETER A. BROWNE, L. L. D., OF PHILADELPHIA.
Deceit amor patrie."
TIE subject of the present essay is of the ut
most Importance to every American. native or
naturalized, who retains within his breast one
spark of national feeling, or one remaining aspl-
ration for the glory OF welfare Of this Republic.
Our best hopes of present public prosperity, and
our most deyout expectations of future public re-
nown, are intimately connected with one word
"OREGoN; )" and the American citizen who would
refuse to listen to the voice of truth in regard to
the momentous national questions connected
with that Territory, must be either too suplne to
be good or valuable member of this commu-
nifty, or too subservent to the inordinate ambition
and avarice of rival nation, who would rob our
children of a noble Inheritance. For the present
exposition and discussion is, therefore, claimed a
degree of attention much greater than its author
has right, personally, to expect, but which can
not exceed that which the subject imperiously
demands. AS there is much to say, no further
time will be expended in PREDATORY remarks but
an immediate entry upon the discussion will be
made.
Has the United States title to the sovereignty
OF Oregon territory
According to established maxims of the laws
of nations, there are three methods in which a
nation may acquire the sovereignty Of country.
LIST. By discovery. I'd. By cesson of the right
full owner. Sd. By conquest.
A brief explanation of the first title may be
useful Under this title the sovereignty of all the
vast regions of North and South America, as
well as of the West India Islands, was originally
acquired and under this title is it now held,
mediately or Immediately. Upon the justice of
Christian people invading the Territories of
barbarious nations, and thrusting them from the
soil upon which the great God of the universe
has planted them, not one word viii be said-not
one word can be said, except that it appears to
be law Of nature, that cioilized man shall grad
ualy succeed to the uncivilized 1t is too late to
discuss the question between the European and
the Indian with views of retributon; and certain
it u.s. that neither England, France, Spain, Por-
tugal, Holland, Sweden, nor Denmark, can OBJ.
iect to the sovereignty thus acquired, since they
have all severally, more or less, participated in
the practice and enjoyed the profits.
To her possessions in Canada, England can
produce no better title than her first discovery,
and that Of the French, under whom she claims.
To the immense regions in South America Spain
never had any other title. Portugal holds the
Brazlls by the same tenure. With what Justice
then could 1t be required Of the United States to
produce any other title than her own prior dis
covcry and those of the nations under whom she
claims! No other title ever did exist in them,
nor ever can be shown.
But what is meant by "prior discovery ?" Is
il mere view Of the land from distance? Is
It the first sight, followed up BY landing upon
the soil Is it the first sight Of it, landing upon
tho soil and taking formal possession? Or is it
the first sight Of the land, followed up by land
ing and taking possession, and subsequent settle
mcnt of the same, within a reasonable time, under
all the circumstances Of the case?
It is proposed to show, and will be shown, that
the nation with whom we are at present contend
ing for the right of sovereignty to Oregon Terri
tory, has, at different times, claimed and main
tanned sovereignty under epery one of these def
nitions of prior discovery-and that the United
States can show title to the sovereignty OF Ore
ron Territory under them ALL.
Let us begin with the case of the Falkland
Islands. In 1892, Capt. Davis, who had been
sent out with Cavendish, in his first voyage, was
driven bv storm towards the Straits Of Magellan,
where he accidentally Sa,c some of these Islands
from the deck of his ship. He left them, without
observation, or even giving them name.
In 1884, Sir Richard Hawkins saw one Of
these Islands, took it for the main, and gave it
the name of {" Hawkinss Maiden Land" The
account taken from history, of this discovery
reads as follows:
"sir Richard Hawkins, being bound for the Straits of
Magellan was driven by wind part Of the
continent to which he gave the Of Hawkns's Nader
Land promonory shooting out into the sea- with three
poin,s he called Point Tremenan and pleasant Isle
lar distant he called Fair slaud"-Heyiyns Geography,
published in London IN 1914.
In 1885, Sebald de West, Dutch naviga-
TOR, came to the same Islands, and Supposing
himself to be the first discoverer, called them
"Sebalds islands" England heard no more OF
them for a century, and their existence WIS even
called in question.
In the reign of William, one Strong, and Eng
Eshman, is said to have found them out again
and he called them " Falkland's Islands"
No more was heard or thought OF them IN
England, until after the treaty of 1863.
Inl764, Capt. Byron, on avoyage of discovery
deserted Falkland Islands, entered the harbor, land
ed on one, and took possession of the port and sur
rounding Islands In the name OF Gearge III. He
called the Haven, Port Egmont." He made
no settlement.
In 1866. the King of Spain sent troops from
Rrenos Ayres TO another OF these Islands, tooS
,,sSess;on of it, settled 1t, and called it Sob
dade"
In the same year, Capt. Mcbride established :
garrison at Fort Egmont.
II did not appear that either of these persons
knew of the movement the other before the yea
1859. In that year dispute arose between tn
two nations as to the sovereignty, which hngian'
claimed in right of prior discovery, Now TIM
claim of Great Britain was founded upon dis
oovery of the boldcst and most naked character
Their captains saw some OF the Islands from TN
decks Of their respective ships: They neithe
landed nor made any demonstrations OF an inten
ton of taking possession; no, for one hundred
and seven.four years was it followed up oy any at