Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-03-13
TWENTY-NINTH CONGRESS.
SPEECH OF MIR. RAYLY OF VIRGINIA
nN crt1n nnrnnM nnESrrI0N


Delivered in The Houss Of Representatives., JanG-
uary 81, 1876, on the Resoiptt0p g,ring "A,
,ueire months notice far The termination u ~
joint occupancy OF tie Oregon Territory.
Mr.. BAYLY said: To enable us MIR. Chair
man, 10 form wise opinion relative 10 the saojec
before the House, il Is necessary 10 inquire into
the character Of the territory in uisruic-ihs
foundation Of the respective claims TO it-and The
condition in which Conventional arrangements
between ourselves and Great Britain, and The Sc
para,e laws Of The latter party have placed il.
The country in dispute as described by an
English writer,
rs bounded on The North by The parallel fifty
four degrees forty minutes, on he East y the
ROCKY mountains, on The South by The iorty-se.
cond parallel and on the West By The Pacific. /;
is twelve degrees forty minutes in length, ard OF
IN average breadth OF about $50 miles-na. ,ower
towards The North and broader towards the
Souln-the Rocky mountains RAINING moi paral-
lei with the coast, but in SouihwesleIly direc-
ton Il contains more than three times he sur
face OF the British islands. Tie Northern part Of
the coast above the forty-eighh parallel, is pro
,ected By numerous islands the largest Of which,
Vancouver's island, is abou, two-hiris OF the
size cfIreland. Along the straits, which separate
these islands from the continent, are many ex-
ceent harbors; hut down the whole coast OF the
Pacific, from latitude foriy-eghi degrees to Por,
San Francisco far within the Mexican from
tier, there is no refagc except Bulfiuch har
Dor and the Columbia-ihe former OF which
can be entered only b. small vessels, and The
latter is inaccessible for eight months OF The
year, and dangerous al al times. The whole
country is in,ersected r. ranges Of mountains.
Mos, OF them are loilier than The ioiliest Alpine
ranges; and some are supposed 10 equal, or even
10 exceed, The highest Andes. One consequence
Of this is that the climate is except in the
southwestern valleys, where it is tempered o. The
neighborhood Of the sea. Another is, that only
very small portion Of The land is capable OF cul-
t;vaticn. The hes; portion is the valley between
the kalmet mountains and the Pacific, strip
about eighty miles broad and three hundred miles
long, walered by the Columbia, and by lis ribu-
taries the Cowl.z on the North, and The Villa
melte on the South But even OF This Oregon Fee
lix, Mr.. Greenhow states that only from one
eighth 10 one.tenh is cu!tivabe. Further 10 the
West he land rises into elevated plains some
times OF rock and sometimes OF SAM, wilhou,
wood, and almost without vegetation, in,crsected,
indeed By rivers, bnt rivers which bling no feri-
lily. The banks (says Captain Wilkes of the
upper Columbia are altogether devoid OF any Ter
tile aliuvial fats destitute of even scattered trees
There is no freshness in the iiltle vegetation on
its borders; the sterile sands reach 10 lis very
brink. II is scarcely 10 be believed, until its
banks are reached, that mighty river is rolling
its waters past these arid wastes Towards the
North, HIGHER latitude and sill greater eeva-
ton render The country still less fit for the abode
Of man. But even here some fertile valleys are
10 be found and Mr. Dunn describes the lower
part of Vancouver's island as, on The whole The
mos, habitable portion Of this inhospilable terri
tory
Greenhow says:
1.-The territory north Of the 49ih parallel OF iaii-
tude, and northwest Of that drained by The Colum-
5ia river, is sterile land OF sDow.c clad mountains,
tortuous rivers and lakes, frozen over more than
two-thrds OF the year. presenting scarcely sin
gle spot on which any OF the vegetables used as
food By civilized people can be produced"
Sir Alexander Mckenzie, the English disco
verer, says "lhe Columbia is the most northern
situation Ill Tor colonization, and suitable for the
residence Of acivilized people"
Until OF late years, the only use made OF this
country by civilized man, has been as mar! for
the purchase OF turs and skins.
This is The country, the tile 10 which is in dis
pute between the Uned States and Great Britain
Lie, US take rapid glance al The foundation Of
their respective claims. This question of title
is a mixed one Of law and fact. There
are three recognized means by which title 10 Ter
ri'ory may be acqurcd-by discovery, followed
in reasonable time By settlement; by eontisuity
and BIZ treaty. The mode in which lille is acqui-
first means is very similar 10 The mode in
which individuals in the primitive state of
society acquired title 10 land The Creator OF the
universe destined the earth for the habitation and
10 supply The wants OF man; but in the state re-
fsrred 10, il belongs 10 all men in common. No
one man had right to exclusive possession OF
any particular acre; but he had natural right TO
be Tree from mo'rslalion, and TO The proceeds OF
his PERSONAL---VERY. When, therefore, he took pos
of ma por, Cd % nh bp
had right 10 be fee from moies,alion while he
retained it; and when he mingled with his labor,
he became, by the laws OF nature, entitled TO il.
exclusive endowment of which no one could de-
priye him without wrong. But he could not
riyh,fully SO exercise his privilege as 10 destroy
those Ct others. He could not, therefore, appro-
pirate 10 himself more than was necessary for his
use and 10 secure its peaceful and convenient en-
ioyment. II was not The first finding OF desra-
ble spot by an individual which gave him lille 10
il, but its actual use and settlement. And even
alter title had been thus acquired The settlement
was abandoned again, il becomes subjec 10 The
"pmLlici juyis," and might be appropriated by an
other So with nations. In the Language OF Ya,tel-
'All mankind have an equal right 10 The things
that have not yet fallen into the possession oiaDy
one; and these things belong 10 The first posses
sor. When, therefore, nation finds country
withou, master, it may lawfully take posses
IL
known its will in this respect, il cannot be de-
prived of it by another"
But, in the language of the same author
IA nation canno, thus appropriate 10 itself, by
merely taking possession ci = country which il
does not really occupy, and in this manner re-
serve 10 itself much more than 1t is able 10 people
or cultivate Il is not difficult 10 determine that
such preiension would be absolutely contrary 10
the law, and opposite to the views OF nature, who,
appoiBting all the earth TO supply the wants OF
man in general gave TO 20 nation the right oil ap-
p.opriating TO itself country but for The use 1t
makes of it, and not TO hinder others from i'm
proving it. The law Of nations then, only &C
knowie3ges The property and sovereignty of ma
tiop over The uninhabitei countries OF which they
shall really, and in fact, take possession in which
they shall form settlements or of which they shall
make actual use. 10 reality, when naviga,ors
have met with desert countries, in which those OF
other nations have erected some monument 10 show
their having taken possession of them, they have
no furthe. given themselves any pains about that
vain ceremony, than as it proceeded from the re-
gulation Of the Popes, who divided great part oil
the world between The crowns OF CASTLE and Por-
tugal."
The same doctrine has been held by the au-
thorities, both Of The United States and Great
Britain:
"She understands not" said Elizabeth TO Men
doza, The Spanish ambassador, "why her subjects
or those Of any other prince, should be debarred
from the Indies, TO which she could not persuade
herself that the Spaniards had any just title BY
the Bishop of Romes donation; or because they
had touched here and there on the coast, buill
cottages, and given names 10 river and cape
things which canno, cntille them to a proprieiy.
This imaginary proprie'y could no. hinder other
princes from transporting colonies into those
n.r,c thereof where the Spaniards inhab not
iorasmuch rs prescription without possession is
little worth."s
And we, the other party to this controversy,
have as empha,ically denied that mere discovery
confers title.
-Cslnpdea'. Elizabeth.