The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-16

tory ofOregon. Not an estoppel in law, sir, but an
esoppel 10 paiS-an act done by her which debars
her, for all time TO come from any territorial right
ment by cesslon Of some part Of the territory to
her, with or without equivalent that without
| such cession she can have ne claim whatever.
| | did not say, sir, as | am reported In the our
nails here to have said In the few hasty remarks /
made to the Senate the other day, that conld de-
monslrate "that we had perfect title TO the whole
| Of Oregon" | would by means make such a
| pledge; for however strong my own convictions
may be, might be unable 80 to present them as to
| convince others; hence ! would not incur the re-
| sponsibillty which attaches TO such declaration.
| What intended TO say, sir, was, that would en-
deavor to show, on the principles established by
| Great Britain herself that title was clear as
against her. and that she could not dispute it-prn-
cipes which she had put forth and maintained at the
lannon's mouth, before the war Of independence
principles which, if correct them are applicable now
TO this territorial dispute which, with such remark
able faulty, we have so long entertained but which,
| | trust, is now soon to be terminated.
It's matter Of weknown history, Mr.. Presl-
dent that the King ofGreat Britain granted colonial
charters TO Virginia, and TO other British American
| colonies, lpng PRIOR 10 the conquest Of Canada,
| which extended from the Atlantic to the Pacific
oceans, and covered by their broad and comprehen-
siye description the whole OF the territory west Of
the Rocky mountains from $40 to GO north lati.
tude. That TO Virginia, by James J. bears
date May 90, 1909 1t erects the colony into a
body corporate and polite, and the grant is thus
| expressed;
we do give grant and confirm unto the said treasurer
and company and their successors all those lands
tres and territories situate lying and being IN that part Of
America called Virginia from The point oil land called Cape
Point Comfort all along the eac0ast to the nofthw ard
| two hundred miles, and from the SAID point OF Cape
Comfort all along the Ssacoast to the southwark two
hundred miles and oil that space and circuit OF land
living from the the precinct Aforesaid up the
land thrOug hOu from west ad n0Tfts and alss
ali the islands lying within hundred miles along the
both Oi the precinct Aforesaid to have and to
EoH possess and ENJOY all and singular the said lands
countries and territories with all and singular the prem
by these presents granted mentioned to be granted
| to them, their successors, and assigns, forever
The first charter Of 1906 extended along the sea
coast from the Gath to the 4lst degree Of north atl
tude, but only fifty miles inland The third, dated
in 1912, annexed to Virginia all the islands within
three hundred leagues ofthe coast and although this
charter Of 1909, with the other two, were vacated
by quo uarranto in 1924, yet ommrssion issued
for the government Of the colony Of Virginia under
the royal seal, without making any alterations in
the boundaries as established by the charter Of
1909.
Grants to Lord Baltimore and to VIM. Penn cur
tailed this colony on the NORTH but the western Inn
il was not restricted.
BY running line from point 1.-TWO hundred
miles from Cape Comfort" on the Atlantic coast, in
northwest direction, it will be found to pass to the
east Of the Lake Of the Woods and to strike the
Pacific coast at the 62d degree Of north lati
tude, and that this northwest line should from
that point, and not from the port on the coast two
hundred miles south of Cape Comfort but that the
west line should start from this southern point OF
manifest proprety, for in no other way could the
limits of the colony extend "from to sea-" and
a ~
guage used and the object Of the grant carried out
and the cardinal rule observed $50 to construe in
struments, If possible, that every part'may stand"
This grant was made, sir, by the British king as
an Of sovereignty and In virtue alone o. the dis
covery, under his auspices OF the American Allan
tic coast one hundred and fourteen years before.
This charter is evidence sir, that he claimed not
y the light Of pre.empton Of the native occupants
of the SOIL but absolute jurisdiction and sovereign
ty over all the territory covered by it from to
sea, by an Anticipated discovery made by his sub
ects, not followed up for more than century by
any effort at settlement whatever, and by CONT
nuity OF territory there being nothing to break that
cham
History informs us, sir, that Pope Alexander vi
had the year after the discovery Of America grant
ed the same country to Ferdinand and Isabella by
his memorable bull issued from st. Peters, at Rome
IN 1893, as Gods vicegerent on earth, to whom all
kings subject, rather, perhaps, as within the
boundaries prescribed ny Nun DelWeen opdln anu
Portugal than as grant! The right of these two
poen,ates to make the grants, sir, will not be in
uured into, as it is Unnecessary to a true under
standing Of the point wish to make. The fact OF
making the grant is alone important in this discus
sion. If Great Britain did make them, | maintain
she parted with all right to every part of the domain
included within the charter, and the act is an
topped in pals, to any right on her part to any
portion Of this continent between the lines Of her
| grants.
| Great Britain, then assumed to own, by virtue
of her PRIOR discovery, not only the British settle
| ments on the coast and rivers, and the land mmed
| atey contiguous drained by the waters of the
| rivers which flowed through her inhabited places,
but she insisted sir, upon excluding France and all
other nations from colonizng any part of the coun
| try west Of the Allegheny range to the Pacific, on
the ground alone that prior discovery and settlement
| after the lapse Of more than century, of small
part of the Atlantic coast, gave to Great Britain
right Of sovereignty and soil by continuity and con-
tiguity, from ocean to ocean.
| France, we know, sir, made an unsuccessful
effort to resist, by war this British principle Of
international law The parent country called upon
her American colonies, now the United States OF
America, to Join the British forces and sustain this
great principle Of her national policy; and after a
| long and desolang war, in which British and
American blood and treasure were freely expended
victory crowned the arms of the confederaes The
treaty Of peace Of the 10th Of February, 1863 made
| between Great Britain Spain, and France, ratified
this British principle of international law, by mpli.
cation at least By the 4th article of that treaty,
sir the king Of France, as the aggressor and unfor
tunate in the field, ''renounces ell preensions ,ohich
he has heretofore formed, might orm 10 Nora Scotia
or .4cada in all its parts, and guarantees the whole
Of it, and with it's dependencies, to the king of Great
Britan moreover, his most Christian majesty cedes
aud g,ldra.ttes 10 his said Britannia majesty in full
right, Canada, with all its dependencies as well as
the island of Cape Breton and all the islands and
coasts in the gulf of the river st. Lawrence, and in
general every thing that depends the said coun-
tries lands, islands, and coasts with the Sorersgnty
property possession, and all rights acquired by treaty
| or otherwise"
| France, II Ia well known, SIR had commenced
settlements at Acadia and in a dependency of Can
ada northwest of the Ohio, being now the State
from which come, and on the Ohio river; and be-
ing beaten in the field, renowned her right and
yielded all her pretensons to them. She was forced
sir, to acknowledge this British doctrine for the
American continent, that prior remote discovery
and subsequent partial settlement on the Atlantic
and few of its rivers, afforded just and sufcien
ground for extension by contgulty and continuity
| from that coast to the Pacific.