The New York herald., 1845-12-10

ted States its western boundary was TIE
Rocky Mountains. Such appears to have been the OPT
nion Of President Jefferson, under whose auspices the
acquisition OF Louisiana was accomplished
In letter written by him il August, lso3 are 10 DC
found the following words
"The boundaries (of Louisana) which deem not ad-
mttng question the high lands on the western side
OF the Mississippi inclosing all its watersthe Missouri
of course-and terminating in the line drawn from the
point Lake of the Woods to the nearest
source Of the Mississippi, lately settled between
Great Britain and the United States.
In another and more formal document dated in July.
ls07that Is TO nearly year after the return OK
Lewis and Clarke from their expedition to the Pacific
fifteen years after Gray hal entered the Columbia river
is recorded Mr. Jehersons opinion OF the impolcy OF
giving offence Spain by any ntima ion that the claims
have the authority OF American historian distinguish
ed for the attention and research which he has bestowed
the whole subject of the Oregon territory for con
cluding that the western boundaries of Louisiana az it
ceded France the United States those in
acatea py nature namely, me hgh ishas sepa,auhg
the waters Of the Mississippi from those failing into the
Pacific.
From the acquisition, then of Louisiana it was re-
ceived from France clear that the United states
can deduce claim TO territory west OF the Rocky |
mountains. But il it otherwise and If France
had possessed asserted claim to territory west
of the Rocky mountains appertaning to the territory
Of Louisiana that claim, whatever 1t might be- was ne
cessary transferred to Spain when Louisiana ce
ded that power in l762 and OF became subject
to the provisions OF the treaty between Spain and Great
Britain Of $780, which eectualy abrogated the claim OF
Spain Ito exclusive dominion over the unoccupied
parts OF the American continent.
To the observations of the American plenipotentary
TO territory, the undersigned has not failed to pay
due attention; but he submits that what said on this
head properly be considered as demonstrating
the greater degree interest which the United States
possess by OF contguy in acquiring territory IN
that direction than az affecting in any way the quesoh
Of right.
The undersigned will endeavor to show hereafter that
in the proposal put in on the part OF Great Britain tne
Of contiguity, have not been disregarded
Next comes to be examined the claim derived from
Spain.
1t must indeed be acknowledged, that by the treaty
of 1919, Spain did convey to the United States all that
she mad power dispose of the northwest coast OF
America north of the AID parallel Of atitude but she
could not by that transaction, annul or nvadate the
rights which v. she had by previous
BY the treaty of 2sth October, 1890, Spain acknow.
lodged in Great Britain certain rights with respect to
those parts of the western coast OF America not already
occupied.
This acknowledgment had reference especially to the
territory which forms the subject Of the present negot
alton If Spain could not make good her own right TO
exclusive dominion over those regions still less could
Great Britain argues that from nothing deduced from
the treaty of 1919 the United States assert valid
claim to exclusive dominion over any part OF the ore
There remains be considered the claim advanced by
the United States the ground OF prior discovery and
prior exploration and settlement.
In that part of the memorandum of the American pie
npotentary which speaks Of the Spanish title is stat
ed that the mouth of the river afterwards called the
Columbia river, first discovered by the Spanish ma
vgator Heceta The admission of this act would appear
to be altogether irreconceable with claim to priority
OF discovery from any thing accomplishedby Captain
Grey. To one and to one only OF those commanders,
can be conceded the merit of first discovery If Eece
tas claim is acknowledged, then Captain Gray is no
longer the discoverer Of the Columbia river H. on the
other hand preference is given to the achievement OF
any value But is argued that the United States now
represent both titlesthe title of Heceta and the title OF
Gray; and therefore, that under or the other, 1t
matters not which, enough can be shown to establish
case Of prior discovery as against Great rtan TINS
may be true far relates to the act OF the first seeing
and first entering the mouth Of the Columbia river; but
if the Spanish claim of prior discovery is to prevail
whatever rights may thereon be founded necessar
ly restricted by the spulaons of the treaty of $780,
which forbid a claim to exclusive possession.
the act Of Captain cray passing the the Dar SscoverT ana ac
OF the entrance which is all that is attributed to Hece
ahen the principle of progressive or gradual discov
cry being admitted as conveying IN proportion 10 me
extent of discovery exploration, superior rights the
operations of Vancouver in entering surveying and
exploring to considerable distance inland the river
Columbia, would, necessary consequence, super.
cede the discovery Of Captain Gray to say nothing Of
egn-which ceremony was duly performed and authen-
tically recorded by Captain Vancouver.
This brings us to an examination OF the conhicilng
claims of Great Britain and the United States on the
ground OF discovery which be said to form the es
shown that the claim derived from France must be
sidered OF little weight while that derived from
spain far relates to exclusive dominion, is
.ralised by the stipuations of the Nooka convention
II will be admitted that when the United states became
an Independent nation they possessed claim direct or
Indirect to the Columbia territory Their western boun
dary in those days defined by the treaty OF 1888
Great Britain the contrary had at that time already
as is sufficiently shown by the voyage and discoveries
Of Captain Cook, who, IN l77s visited and explored
great portion OF it, from latitude A deg northwards.
That Great Britain the frst to acquire what may
be called beneficial interest in those regions by com
of this fact have the voyages Of several British sub
ects, who visited the coast and adjacent islands pre-
vously to the dispute with Spain and that her COM
merce actual we'll prospective in that part OF the
world considered matter Of great national impor
tance is shownby the resoue measures which she took
for its protection when Spain manifested disposition to
interfere with il.
The discoveries of Meares in 1885, and the complete
survey of and adjacent islands, from about
latitude, 40 deg. northwards which was effected by
Captain Vancouver, in 1892 1898, and l794 would ap:
pear to give to Great Britain as against the United
States strong claim the ground Of discovery and
exploration coastwise as can well be imagined limited
only BY what was Srsy at is
concerned forms the strong point on the American SIDE
Of the question
that the performances Of Cook and Vancouver stand pre-
emnently superior to those Of any other country whose
vessels had in those days visited the northwest coast
while in point OF val ue and Importance surely the dis
covery ofa single harbor although at the mouth OF an
bs psced in with the vast extent Of disco
very and survey accomplished by the British naviga-
As regards exploration inland entire justice must be
done to the memorable exploit of Messrs. Lewis and
Carke but those distinguished travellers were not the
first who effected passage across the Oregon Territory
from the Rocky Mountains to the Pacific As far back
as 1893 that feat had been accomplished BY Mackenzie
Mackenzie explored the upper waters of river, since
called Fraser's river, which, in process of time was
traced to its junction with the the 4eth degree
Of latitude; thus forming in point of exploration,
countepoise TO the exploration Of that part OF the Coum
bia which first visited by Lewis and Clarke:
Priority OF settlement the third plea on which the
American claim proper is made to rest.
In 1871 establishment for the purposes Of trade was
formed the side the Columbia river near to its
mouth by certain American ci izens. This establish
ment passed during the war into the hands OF British
subjects; but was restored the American govern
the year 1918. by understanding between the
two governments Since then It has not however, been
in reality occupied by Americans This is the case Of
priority of settlement.
The American plenpotentiary lays some stress on the
admission attributed Lord Castlereagb then principal
Secretary OF State for foreign Affairs that the
had the most ample right to be renstated
and to be considered the party in possession while
treating of the title" The undersigned is not inclined
to dispute assertion resting such respectable