The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-03
Tor the Union
ADDITIONAL TITLE TO OREGON.


Tor the Union
ADDITIONAL TITLE TO OREGON.
There is one important historical fact which has
never been considered, 30 far as have noticed
either automatically, or in any debss upon the sub
Jeet OF the Oregon territory which, tappearE TO me-
| should have as much weight as many Of the musty
records brought up in array against us by Mr.. Pa
kenham, the British minister, in his correspondence
with the Secretary OF Sta,e-sn historical fact
| which, whatever may have been the relative rights
Of either France or Spain to the disputed ic ritory
shows at least, that far Great Britain il con-
ccTned she has long before her requirement Of the
| Spanish title under the Nootka Sound convention
assigned all her rights be they more lees, on tho
northwest coast, 10 u.s. and that whatever now rights
she may have acquired since the treaty Of peace in
1888, either by treaty. discovery, occupation or in
any other mode, merged in the title before that
time coded 10 US, and serves but 10 strengthen ours
| There is palmer principle Of law than that the
grantee without title, Ceding real estate to his grant
ee for valuable consideration the Subsequent pur-
chases by the grantor Of other outstanding titles Of
the estate TO the benefit Of his grantor;
and u court Of chancery would, in the case stated,
compel surrender OF the deeds 20 the bono fde
grantee, and enjon the srsnor from another sale
and conveyance Of the property sold Now let
examine the historical fact alluded to, in connection
with the principle above stated, which no lawyer
will deny.
In the year 1905, on the 10Th offApril, James I,
king of Englsnd, on the application Of Sir Thomas
Gates, and others, for license TO settle colony in
that part Of America called Virginia, mol seisd BY
oRy Christian prses people, between the 34th and
45ih degrees OF north Latitude, granted them char
ter. an order TO facilitate the settlement of the coun
try, and at the request Of the sdventurers he divided
1t into two colonies. To the first colony, consisting
Of the citizens of London, he granted: THAT they
might begin their first plantation and hshlu,tiot nj
Ian nla IN he Qnid paef Of r,at, la.
where they should think ft and convenient betU zen
the said fouraDd-hty and one and-forty degrees of
said latitude; and they shall have all lands &c from
the first seat Of their plantation and habltston by
| all along the sad ooast Of Virginia and Amer,
lea, towards the west and southwest, as the
| coast lieth, with oil the islands, within one
| hundred miles directly over and against the said
ssacoast; and also allthe lande, &C., from said place
of their first plantation and habita,ion, for the
space of fifty like English miles, all along the said
coast of Virginia and America towards the east and
northeast, or towards the north as the coast leth
with all the islands within one hundred miles di.
rectly over and against the said seacoast and also
| all the lands, &c, from the same fifty miles every
way the seacoast directly into the main land by
| the space Of one hundred like English miles; and
that other subjects should be allowed to settle on
the back of them, towards the main land, without
| written license from the colony" To the second
colony, consisting of Thomas Hanhan, and others,
tract between the 3sh and the 45th degrees of north
latitude, under the description the aforesaid
grant was made to the first colony. To these
grants a consideration was annexed, that planta-
ton should not be made within one hundred miles Of
a prior plantation.
BY the same charter the king agreed the lands
should be held Sin free and common socage only,
and not in capite." On the Odd of May, 1909 King
James, on the application Of the first colony for a
further enlargement and explanation of the first
grant. gave them second charter, in which they
were incorporated by the name Of 1.-THE Treasurer
and Company Of Adventures and Planters Of Lon
don for the first colony Of Virginia" In this char
ter, the king grants to them 'all the lands &C.,
in that part Of America, called Virginia from the
point Of land called Cape, or Point Comfort. all
along the scac0ast, to the soufhcard two hundred
miles; and all along the seacoast north,oard two hun
bred miles; and all that space and circuit Of land,
lying from the seacoast Of the precinct aforesaid,
UP INTO THE MAIN LAND THROUGHOUT, FROM SEA TO
SEA, WEST AND NORTHWEST; and also all the islands
within hundred miles along the coast of both seas
of the precinct aforesaid" Now, is very evident
that within neither the precinct aforesaid"to wit:
all along the coast for two hundred miles south Of
"Cape or Point Comfort )" and two hundred miles
north of "Cape or Point Comfort" all the land cup
into The maine land throughout from sea TO sea-" embrhc
ing the 'space or circuit" included in line drawn
from two hundred miles south Of Cape or westerly
Point Comfort, on the Atlantic, TO the Pacific
anil a line drawn northresteriy from a point
on the Atlantic, two hundred miles north of
"Cape or Point Comfort to the Pacific, from
"sca to sea-" was the chartered limits Of Vir-
gn, deed by James to the Company
Of Adventures and Planters of London for the
| first colony of virginia.; and that the colony
| under that charter embraced within its territorial
limits the country above described, lying between
| the 'westeriy" and "northwesterly" lines drawn
| from to sea. Now line drawn from point
| two hundred miles north Of Point Comfort In a
| norihoestern direction to the Pacific, would not only
take in all the territory claim north to $40 40
| but all gthc Russian possessions giving w not only
our ,chole CLAIM, on the Pacific but much more. BY
the treaty of peace in 1888, all territorial rights
belonging to us colonies, acquired by charter,
| far as Great Britain was concerned were arknowl-
edged, affirmed and conhrmed--those Of Virginia
among the rest. What they had ceded to u.s. If
they had valid or legal right at the lime OF the
cession, they bound make good, should they
Afterwards acquire them. The affirmation and con-
frnlation of those rights aocruing undsr the char
ter Of James to our ancestors, was made by Great
Britain in 1885, years before she acquired her
claim fpossessory title under the Nootkn Sound con
| vention, which was concluded between Span and
Great Britain on the 18th Of October 1890. All
the title she acquired by that convention, be il more
or less, enpred TO us, by virtue Of the charter Of
James j, In 1909, to the colony Of Virginia, con-
hrmed TO the United States by the treaty of psaee
| Of 1883 ..
| lam aware that some of tho other colonies--Msry-
land and Pennsyvsnia--set up a claim antagonistica
to that Of Virginia, especially in reference TO her
western boundaries; but these claims arose out o
the construction Of their own charters. So far a,
Great Britain concerned, she had coded all he
rights from "sca to sea-" L.
SELECTION OF LEGAL MAxIMs, elias
ri N siied and illustrated; by Herbert Broom, o.