Weekly national intelligencer., 1845-11-22

prehend WELL 10 believe these speculaons until WE Ia
before them the Of title 10 the Oregon TER
tory When they what Of thing this clear and on
questionable title is they will them we hope, SEQ throue
this game for power.
We proceed to examine'he Oregon Question on lis ow
merits
In 1919, the Florida treaty. called was made bewoe
he United states and spain, wherein il agreed that tn
parallel Of north latitude should constitute thei
common boundary from the Of the Arkansas river Yves
to the Pacific and Spain ceded the United States
all her claims 10 any territory north Of that Lc This treaty
excluded Spain from all the country called Oregon and
gave to the United States whatever title they have by disco
rery which will presently show amounted nothing In
1924 and Russia agreed both with the United States
Great Britain that her settlements should be confined the
region north OF latitude $40 40 So tar Spain and her
SUCCESSOR Mexico and Russia concerned they by
their treaties excluded from the Oregon Territory bound
ed south by latitude 42o and north by latitude $40 lV No
other nations excluded by treaty. nor, shall show,
are excluded by the laws of nations from occupying this
region. II,
Our title to Oregon must rest of three grounds j.
Discovery 2 Settlements 3, Contguiy. On neither Of
these grounds does appear US that the United States have
any valid title and that the reader may ba OF the drift
of argument beforehand that intend show
that the title Of the United States hrough Span) by disco
pey has been fortified ty that have made
seteme and that the rule OF coatguty docs net apiy.
One rule Of the laws OF nations having most important
bearing this whole question must be kept steadily mind
that ifk ton uncaiized country oiiy be in the
cirzed sovereign claiming a. Hence every supposed TO
give title must DC the of the sovereign The sovereignty
country is grave and responsible matter Ii not
only imposes the duty OF protection against other nations but
excludes all others from settling and possessing country that
before open TO ALL No private citizen do this be-
he Is not sovereignty aud he perform those
functions OF sovereignty which the control and settlement of
country demands His acts his quarre his treaties
all are his own involving hs country in obligation to as
ihem and comforting his country right to partakc
Of their advantage. The Government OF country alone re-
ltG rQlnnfy hu ,.l,
discover settle region We will now discuss the
points in their order.
On the ground Of Discovery merely we think the United
States, through Spain have the better title The expIora
hons OF Perez and Heaceta, Spanish navgaors, made
in l774 and that of Van Couvre English in I79I l)pou
these rest the claims the BY discovery Capt
GRErs discoveries by and Sir ALEXANDER FRAzEns
by land amount to nothing because neither of them acted b
authority oi their Governments. LEWIS and CLARK cxplra
tons by land although authorized by the Government of the
United States equally vauees because the lower part
the Columbia vet was not TO dscoverybeng already
known and the discovery OF the southern that
could title to the northern already explored BY
others To avoid mmatsria discussion, however we take
this for granted that by discovery merely the United States
have the better title But then Spain had forfeited this title
before she had conveyed Us and we by no act OF ours
have since regained IT. We proceed TO show this.
BY the laws ofnations make title good by discovery
must be tooned by settlement If the civilized sovereign
discovering uncvzed country, declines negects by ac-
ua settlement and possession separate il for his own use
the rest Of the uncyzed world and thus to debar other
civilized nations from their right of settling it, his title
to exist To make uncvzed country his he must acu
ally extend his sovereignty it. and with the exclusion Of
other nations must assume the obligations Of improvinp and
protecting IT, ratel lays down the rule very ceay-book
chapter s "Ihe title of navgators going voyages OF
discovery, and furnished toih mission from. their son.
ereg has been generally respected, provided has been
after followed by real possession But the laws of ma
ons win acknowledge the sovereignty of nation over
countries ercepf those ,oic has formed settlements and
Of aoiich IL has actiiai use"
To the effect Queen Elzabeths reply the Span
sh Ambassador, Mendoza, when Spain claimed the whole
continent Of America the ground Of prior discovery
She understood why her subjects or those Of any 9TH
er prince should be dobarred from the Indes which she
could not persuade herself that the Spanards had any Just
title by the Bishop of Romes Donation they
touched here and there the coasts built cottages, and
given river and cape-hings which cannot entc
any to proPley his imaginary propreiy could not hin
der other princes from transporting coopes into those parts
thereof whve ne SpariGyds iahabH not-forasmuch
prescription ,chout possession nothing toorth."
The United States Government negotiations on this
very subject Of Oregon, has asserted the doctrine In
1926 Mr. GALLATIs, conducting the negotiation with Great
Bitain says Prior discovery gives right occupy,
provided that occupancy take place within reasonable time,
and is followed by permanent settlement" Other authorities
TO the effect might be quoted but these enough
We merely advert to another rule Of the laws Of nations
close connexon with the have dweit on, and which
contained in the quotation from Mr. GALLaTs The
ement must be permanent If made in due time and aan-
doned it will avail nothing give title either by discovery
occupancy may be the strongest proof that the country
rendered to the settlement Of other nations Certainly is
equivalent to settlement at all.
Now let apply these rules Of the laws Of nations
reasonable they definite, TO the Of the Oregon
territory Admitting the title by discovery have been
good, has il been followed by peRtdneai settlement"
Mr.. GALLATIS's position requires Have within
Vsttes rule, and .iormed settlements" and made actHa
uss Of the territory Have inhabited the country al
Queen Elizabeth maintained could alone give title to any
nation over nnciv,zcd regions brief enumeration Of all
OF settlement will show the true value Of our clear
and unquestionabe title"
Since the year 1918 no settlement of Oregon cher by the
citizens tho Government Of the United States give
c, because, by the treaty OF that year with Gfeat B
tain, the territory has been open the occupancy
the countries and the sovereignty in allowance Even
this, however, not Of much consequence for settlement
has been made by the authority of the United States
Government The citizens who have gone there within tho
last few without the laws the United States ant
beyond its protection and control
Prior TO the year 1918 the only attempt at settlement the
made by Mr.. AsroR in sll the south side Of th,
Columbia II not by the authority Of the Govern
ment, however. II act OF the sovereignty Of tn,
United States maniiestng the design Of approprang thu
country the contrary, the United States Government
Hough earnestly sokafed by Mr.. AsroR, refused au
thorizo sanction his expedition Ii the act OF
private adventuer which, according the laws Of nations
cannot 10 the benefit Of any sovereign In the
that broke out the year after between Great Britain and th
United States, Astoria consisting Of little block house.
taken by the British and in October Iss SURRENDERED
10 the United States Ha kept possession Of TO hi
time, II Is doubtful whether il would have strengthened
claim all for by the treaty Of the year with Grea
should be in abeysnce TO be preudccd in future by the
OF neither party But did not Keep possession o astoria
We Immediately abandoned IL and has since been III
residence Of Of the clerks of the Hudson Bay Fur Com
pany. In truth the only occupation Of any part Of Orego
ever made by authority Of the British Government was
taking possession OF Astoria and they shortly after gave