Mobile register and journal., 1845-11-18

reasons Tor The offer Of the 18th deg in 1878 by This
government: "fhe treaty Of Utrecht had fixed the
49h deg. of hiia.ie The line between the posses.
sons of Franco and Britain, including Louisiana,
since coded 10 The L. States II therefore the Unit
ed STATES arranged thar ela,ms esi0ard tie same sns
earfitd on % the Pacife seemed ne natHal oas We
conlended that. far prior discovery could give
right 10 territory, ours was complies the whole on
the waters Of the Colanhia. Ii derived its name
from The American ship that first entered its mouth
IL was first explored from It's inland sources under
the express authority oflhe government Of the Unit
ed States The British plenpotentiaries asserted
that earlier voyages Of English navgators, amongst
them Cook gave Britain the rights of prior dis.
covery on this coast They alleged also that pur-
chases of territory had been made by Britain OF her
subjects from the natives south of this river before
the American revolution. They made no formal pro-
posa OF boundary in these regions, but minated
that the river itself was the most convenient and
said they could agree none that did give them
the harbour at the mouth IN common with the Unit
ed Siates'
The 49t deg. adopted in 1918, as line from
the Lake Of the Woods TO the Rocky Mountains
distance of above thousand miles. Ii was adopt
ed upon the principle that the lands were nnoccu-
pied and the owner of the contiguous territory had
the best right 10 them. The same principle was
then asserted as the which should naturally be
adopted in regard to all the lands IN that condition.
I The "Union'' asserts the claim Of the U. S. IN
d. blowing terms: ave claim matter of right
! lhelemitory drained by the Columbia river. In
view Of the Law Of nations this terrtor, being unoccu
| X..I h..
gion in the fact that 1t drained" This principle
is true 10 very limited extent, and is not applicable
to the couatry in dispute. The discoveries and pur
chases of Great Britain and her subjects on The coast
cnul not be affected BY the discovery of river by
citizen Of The u. Stales. Nor could the mersact Of
discovery give right whole country. The laws
OF nations require possession, settlement, use The
evidences OF title. Single and disjoned acts of in
dViduals pursuing their own personal objects, like
| that Of Capt. Gray when he entered the Columbia
river, have bu little weight in determining a right
in pursuing voyages of discovery with the view 10
The profit of their governments, ,Othou not
conclusive or satisfactory titles. Neither does the
discovery of IA month OF "A river, the exploration
| of its give conclusive right
II is settlement, possession use, which places the
claim upon cable foundations. 1t is the want
of these higher evidences of right and he existence
in the possession by both governments oil these irail
and precarious claims that embarasses this question
and compels say, that MIR. Polk us well as Sir
Robert Peel, went hey ond the mark when the: as
serted heli titles clear and indsputable. Ii 10
that the very fact these titles not clear and ndispu
table ofthemselyes and that the conflicting claims to
different portions derive force from the fact that each
nation has a clear and indispulable lille to part oil
lands which lie contiguous; and each nation has
heen prosecuting voyages Of discovery, and The IN
div iduas of each have made settlements and acqur-
ed interests that render the extension of the lines
that are recognized, precedent as well as legal
form of settlement.
These opinions borrow force from What took place
the negotiation Of the southern boundary the Or
egou territory 10 which we shall advert.
PENDLETON.