The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-04-28

convince others; hence, would not incur the re-
sponslbility which attaches to such declaration.
What INTENDED to say, sir, was, that l would en-
deavor TO show, on the principles established by
Great Brltaln herself, that our title was clear az
against her. and that she could not dispute t-prin-
ciples which she had put forth and maintained at
the lannon's mouth, before thewar OF independence
principles which, if correct then. are applicable
now 10 this territorial dispute, which, with such
remarkable fatuity. we have SO long entertained,
but which, / trust, Is now soon to be terminated.
II is matter OF wellknown history, Mr.. Presi-
dent, that the King of Great Britain granted colo
NAL charters to Virginia. and TO other British.
American colonies, long prior to the conquest of
Canada, which extended from the Atlantic to the
Pacific ocean, and covered by their broad and COM
prehenslve description the whole OF the territory
north latitude. That to Virginia, by James the
First bears date May q, 1903; it erects the colony
into body corporate and polite, and the grant Is
thus expressed: =
treasurer and company and their successors, all
those lands, countries, and territories, situate lying
and being in that part OF America called Virginia,
from the point OF land called Cape or Point Comfort
all along the seacoast to the northward two hun.
dred miles, and from the said point OF Cape Comfor!
all along the seacoast to the southwark two hundred
miles, and all that space and circuit of land lying
from the seacoast OF the precinct aforesaid up into
the land throughout from sea to sea, tcest and north
tusst and also all the islands lying within one hun
bred miles along the coast OF both seas OF the precinct
aforesaid to have and to hold, possess and enjoy
all and singular the said lands, countries and terrific
ries, with all and singular the premises by these
presents granted or mentioned to be granted to
them, their successors and assigns, forever"
The first charter OF 1905 extended along the sea-
coast from the 3lth to the 4lst degree OF north lat
tude, but only fifty miles inland. The third, dated
in 1872 annexed to Virginia all the islands within
this charter OF 1909, with the other two, were
Gated by quo ,c0rrGnto jim 1924, yet commission
issued for the Government OF the Colony OF vlr-
ginia under the royal seal, without making any ae-
ratons in the boundaries established by the char
ter OF 1909.
Grants to Lord Baltimore and to William Penn
curtailed this colony on the north, but the western
limit was not restricted.
BY running line from point two hundred
miles from Cape Comfort" on the Atlantic coast, 10
northwest direction, it will be found to pass to the
east OF the Lake of the Woods, and to strike the
Pacific coast near or at the 81 degree OF north lati.
point and not from the point on the coast two hun
dred miles south OF Cape Comfort; but that the
west line should start from this southern point IS OF
manifest PrOpriety, for In no other way could the
by so marking it, no violence is done to the language
used, and the object OF the grant carried out, and
the cardinal rule observed SO to construe instru-
ments, if possible, that every part may stand
This grant was made, Sir, by the British King as
an act Of sovereignty and in virtue alone Of the dis
covery, under his auspices, ct the American Allan
tic coast one hundred and fourteen years before
This charter is evidence, sir, that he claimed no
Of the soil, but absolute Jurisdiction and sovereignty
over all the territory covered by it from sea to sea
by an antquated discovery made by his subjects, mo-
followed up for more than century by any effort a
settlement whatever, and by continuity OF territory
there being nothing to break that chain.
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
10 l4SS, as Gods vicegerent on earth, TO whom all
kings were subject, rather, perhaps, as within the
boundaries prescribed by him between Spain and
Portugal than as grant. The right of these two pc
tentates to make the grants, sir, will not be inquired
into, as It Is unnecessary to true understanding Of
the point wish to make. The fact of making the
grant is alone important IN this discussion. II Greal
Britain did make them, maintain she parted with
all right to every part OF the domain included with.
IN the charter, and the act is estoppe in pals,
to any right her part any portion OF this cont
neRt between the lines OF her grants.
AGreat Britain, then, assumed to own, by virtue oil
her prior discovery, not only the British settlements
on the coast and rivers, and the land Immediately
contiguous, or drained BY the waters OF the rivers
which flowed through her inhabited places, hut she
insisted, sir, upon excluding France, and all Other
nations from coonlzlng any part OF the country ives
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 sove
regnty and SOIL by continuity and contiguity, from
ocean to ocean.
France, we know, sir, made an unsuccessful ef.
fort to resist, by war; this British principle OF inter
national law. The parent country called upon her
American colonies, now the United States of Ame-
RIGA, to join the British forces and sustain this great
principle OF her national policy; and after long and
desolating wal, in which British and American blood
and treasure were freely expended, victory crowned
the arms OF the confederates The treaty OF peace
OF the 10th OF February, 1868. made between Great
Snosn and Eron EaJs = DE. 81
clple OF International law, by implication at least
b the 4h article OF that treaty. sir, the King oil
France, as the aggressor and unfortunate in the
field, renounces all pretensions chich he has here
did, IL aupdrts, and guarantees the whole OF it, and
with Its dependencies, 10 the King of Great Britain:
moreover, his most Christian Majesty cedss and qua
ranfees to his said Britannia Majesty, ~ full right
Canada, with all Its dependencies, as well as the
Island OF Cape Breton, and all the other islands and
coasts In the gulf OF the river ST. Lawrence and in
general everything that depends on the said coun-
tries, lands, islands, and coasts, with the soueigrty
property, pOsssssio, and all rights acquired by trea
France, II 10 well known, sir, had commenced set
Elements at Acadia, and in a dependency of Canada
northwest OF the Ohio, being now the State from
which come, and on the Ohio river; and being
beaten IN the field, renOunced her right and yielded
all her pretensions to them. She was forced sir to
acknowledge this British doctrine for the American
continent, that PRIOR remote discovery and subse-
quent partial settlement on the Atlantic and few
OF its rivers, afforded just and sufficient ground for
extension by contiguity and continuity from that
coast to the Pacific.
The same rule OF public law she had applied, sir,
long previously to the Dutch in their colony of New
Netherlands, afterwards colony, now Stete OF New
York. Great Britain claimed to have first discover.
ed the Hudson river in l606 by Dutch navigator in
their SERVICE who sold il the Dutch and although
they first settled at its mouth prior to the settlement
OF the Pilgrims at Plymouth, and occupied i for
halt century, they fell under the operation Of this
British American principle OF international law, and
conquest, justified by Britain on prior discovery and
ward anu southwark, finally added New York to the
BRITISH colonies in North america, extending from
the sea to the great lakes.
Great Britain, sir, maintained this doctrine, of
reht 10 territory being conferred by discovery by
ner sword, and compelled all other Powers ieeber
tnan herself, to submit to its application Certainly
lnen' Mr, We had clear right, when contending
WIN nef ABOUT ute, resting upon similar yet stronger
QYOu0Q0. n hap 49, ...k. L.