The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-06-04

tied part Of an extended coast, forthwith he
mans his boat, rows ashore, thrusts staffin-
TO the ground with flag at the upper end Of
| 1t, fires a dozen muskets, and thereby the
island or continent or coast becomes the sole
and exclusive property of a nation three
/ thousand miles away; and though left for
ages tn its pristine soltEde-or il may be in
the undisturbed possession of the native in
habtants, to whom alone it honestly belongs
the claim is trumpeted abroad, with def
ance to all the world, and every nation is for
hidden under penalty of immediate war, TO
hunt, or build, or dig, or exercise any act of
ownership, whatever, upon the soil included
within the limits of The claim, although such
limits may be ample, as in the case of this
very Oregon dispute, to constitute hall score
of kingdoms.
We deny that there is any real, substantial
validity in claim having such an origin
Discovery gives a right TO occupy and settle,
but no more; and even that right is viola
ton of justice toward the aborigines, unless
purchased from them fairly, as was done by
William Penn, and more recently by the col
nists of Liberia. But as the world goes, the
unlucky aborigines must be put out of the
question; there is not morality or Christiani-
y lllS udilOuSs dS yet W
sure the due recognition of their claims.
But as between discovering natiOns-na-
tons having ships and sending out voyagers
we deny that discovery gives any other
right than to occupy and settle; and this right
must be carried into effect within reasOna
BILE time and reasonable limits, or it is lost by
non-uSer. Spain has thus lost all her claims
10 the territory which she ceded to Great
Britain aud the United States, long before Ell
ther of those cessions were made: and there
fore we say that the claims derived from her
are absolutely invalid, and not worth straw.
We are not ignorant ofthe fact that in con-
travention Of this doctrine We shall be met
with the law ufnations-with the recognition
and acknowledgement Of The right by discov-
cry put forth BY all writers on that law. But
the law Of nations is only the assent of nations,
expressed or tacit, TO certain principles Of ac-
ton; it is essentially the creature of national
opinion and judgment. Satisfy nations that
the judgment or opinion once entertained IS
false, and the law ceases to exist. 1t is not
made, like the laws oil any one state or king
dom, by conventions or legislatures, and does
not need the action of a convention CT lesis-
lature for its repeal.
Doctrines once held to form part of the
law of nations have been thus repealed; and
it would be worthy item in the mission oil a
people which holds itself out TO the world as
the champion, the exemplar Of right and JUS
tice-which claims to be republican in spirit
and practice as well as in theory and form
it would beseem the high mission of such
people TO stand foremost in abandoning, for
itself and 10 the abnegation Of its supposed
rights and interests, rule which has neither
justice nor reason 10 sustain it, and therefore
is not in harmony with the spirit or the theo-
ry ofrepublican principles.
Spain has no title to give the United States;
the incohate title she acquired in the sixteenth
century,by discovery and few occasional Wis
its, was lost by non-uSer; let the u. States,
therefore with the magnanimity of justice,
the pretended claim founded upon
the Spanish cession, and rest contented with
the real rights which they honestly possess.
If our doctrine be admitted-lo wit, that
prior discovery and the act of constructive
possession create no valid title unless attend
ed. with reasonable time and reasonable linn
its, by actual occupation and setllement-it
follows that the claim of the United States to
the Oregon territory, founded upon the alleg
ed navigation of Capt. Gray, few miles up
the Columbia river, is no better than that de- I
rived from the cesson of Spain. That fonn-
led upon the exploration ofLewis and Clarke .
IS equally unsubstantial; though exploration
S laudabIe g. often useful act, 1T is not occupa-
ion; it is in its very nature temporary, and we
maintain that 10 legitimate the use of an I'M
claimed or unowned segion, that use must he
Ii follows, moreover, that even
permanent use or occupation can establish title
al, 81, If In ~ n
,reposterous idea that by establishing fort
With garrison of fifty men, or small fishing
,r hunting settlement, or indeed a settlement
# anv kind, in one corner of an extensive re-
ion, valid title is acquired to millions of
quare miles, sufficient for the reception OF
settlements. Common sense
eclares that, with regard to regions in state
f nature, to possess is to have; and that with
ut actual possession all claim ola right is nu-
atory.
In this respect the land is like the ocean. .
f whaler should assert his right TO exclude
II other whalers from given extent ofsea- 4;
D debar them from visiting it, year afteryear,
nd set up the pretence Of exclusive title as
is whaling ground-the idea would be scout ,
d. Comfy would suggest the justice of not
Interfering with him while actually on the ;
pot, and engaged IN his avocation; out no. r
ody would dream of conceding that when
e removed elsewhere any other whaler might !;
OF take up the position he had left. !
What right, then, have the United States ;
the Oregon territory! We answer, just =
lie right that has been acquired by actual, !;
ornament settlement, and no more. We
0 moi enter now upon the question whether !,
lie right so acquired is vested in the nation !.
: the individual settlers, because the deter =
ination of that question is not essential to !,
ar argument, which is rather negative !,
ian affirmative; the object of it being to = :
low that we, as nation, have no right or 7
aim in Oregon for which we should ever :,
ink of fighting. For our present purpose. :;
e are willing to assume that the possession !.
the emigrants at the mouth of the Colnm- .
a River is the possession of the United .
tates is confined within the actual limits OF
at possession, and of many others like unto
if there are others, formed by emigrants
om this republic, within the territory. u
Ofcourse England stands in precisely the s.
me category. Her title underline Spanish 81
ssion is mere noneutity, and she does not n
etend to the possession ofany other except a
her /