The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-29
CONG ESSIONAL.
SPEECH OF T. II BAYLY
OF VIRGINIA

the Joint resolution providing for giving the notice
to terminate the convention between Great Brit
ain and the United States relative TO Oregon.
Mr.. BAYLY said, To enable US, Mr.. Chairman,
10 form wise opinion relative 10 the subject before
the House, IL is necessary TO inquire into the ehare
aeter Of the territory in dispute; the foundation Of
the respective claims TO IT. and the condition In
which conventional arrangements between ourselves
and Great Britain, and the separate laws of the
latter party have placed it.
The country in dispute as described by an Eng
lish writer
"Is bounded the north by the parallel hy four degrees
forty minutes the east by the Rocky mountains, on the
Pacific Il s twelve degrees forty minutes in length and
OF average breadth of about go milss-narrowsr to.
wards the north aud broader towards the south
coast but in southwestery direction Il contains more
three times the surface Of the British islands The
northern part Of the coast above the forty eighth parallel is
protected BY numerous Islands the largest Of which Van
Along the straits which separate these islands from the
many excellent hsrbori but down the whole
coast OF the e6c from latitude weight degrees to
Port San Francisco, far within the Mexican frontier there Is
refuge except Bulhnch harbor and the Columba-he
Of which be entered only by small vessels and
the latter inaccessible for eight months Of the year and
dangerous at all times The whole country Is inlersecsd
by ranges Most ofthem oitier than the
lo.t Alpine ranges and supposed TO equal or
even exceed the highest Andes One consequence Of
this is that climate except In the southwestern
valleys where is tempered by the neighhorhood Of the
Another Is that only very small portion OF the
lev between the Kalme mountains the Pacific strip
about eighty miles broad and three hundred miles long
I on the north and the Willamette the south But
ofths Oregon Felix Mr. oreenhow states that only from
onesghth oneenth Ia cultivabls Further to the west
the land into elevated plains sometimes Of rock and
sometimes Of sand without wood and almost without vege
taon nteected indeed by rivers but rivers which bring no
fertility The banks Gays Captain Wilkes of the upper
Columbia altogether devoid Of any fertile alluvia fats
the ltd. vegetation on its boTders the ster sands reach
TO very brink II is scarcely to be believed until Its
banks reached that mighty river rolling lis waters
past these arid Towards the north hig her ati
Jude and still greater elevation render the country still
valley. srs 70 be found and Mr. Dunn the lower
part vsncouvsr island the whole the most habit
able portion Of this inhospitable territory
Greenhow says:
The territory north OF the 10th parallel Of latitude and
northwest that drained by the Columbia river steril
land Of snowclsd mountains touous rivers and lakes fro
scarcely single spot on which any Of the vegetables used
q, food BY civilized people can be produced"
Sir Alexander Mckenzie, the English discoverer,
saws: "The Columbia is the most northern situa-
ton fit for colonization, and suitable for the resi-
dence Of civilized people"
Until of late years, the only use made Of this soun-
try by civilized man, has been a mart for the pur-
chase Of furs and skins. e
This is the country, the title to which is in dispute
between the United States and Great Britain. Let
us take rapid glance at the foundation Of their
respective claims This question Of title is mixed
one Of law ard fact. There are three recognised
mean. by which title to territory may be acquired.
BY discovery followed 10 reasonable time by settle
nsnt; by coniguity; and by treaty. The mode in
which title is acquired by nations unoccuped ter
ritory, by the first means, is very similar to the
mode in which individuals in the primitive state Of
society acquired title to land The Creator of the
universe destined the earth for the habtaion and to
supply the wants Of man; but in the state referred
TO, Il belonged TO all men in common. No one man
had a rightto exclusive possession Of any partcu-
lar acre. but he had natural right to be free from
moestation, and to the proceeds Of his personal Ia
Dor. When, therefore, he took possession off por-
ton of unapproprated land, he had right to be
free from molestation while he retained il; and
when he mingled with it his labor, he became, by the
laws of nature, entitled TO its exclusive enjoyment
of which no one could deprive him without wrong.
But he could not righfuly so exercise his privilege
as 10 DESTROY those of others. He could not, there
fore appropriate to himself more than was necessa
nv for his USE and to secure its peaceful and conve
nient enjoyment. II was not the first finding OF Q
desirable spot by an individual which gave him title
to il, but its actual use and settlement. And ever
after title had been thus acquired, If the settlement
abandoned again, it becomes subject to the
''publc j,yis" and might be appropriated by anoth
er. So with nations. In the language of Vatel--
AN mankind have equal right to the things that have
not yet fallen into the possession Of any one and these
nation Sads s Country without master may lawfully
take possession Of II; and after has sufficiently made
known It's will in this respect IT cannot be deprived OF
by another"
But, in the language Of the same author
"A nation cannot thus appropriate to itself by merely
ennY and his manner reserve 10 itself much more thar
it able to people cultivate s not dicnl TO deter
ae na sa ea po.i,s % he views Of naturc Who an
pointing ali the earth to supply the wants Of man in
a. gave to no nation the right of approprating to Itself
country hut for the nse makes OF T. and not 70 hinde
Phe nlonerty and sovereantv Of natio
ever umnhsbted countries Of which they shall really
in fact take possession In which they shall form settle
msnts or Of which .nsy sha make ae'ua use ~
nsn nSep nations have erected some monument 4
show their having taken possession OF them they have
further themselves any pains ahon, that vain Sers
Sny han ss ra ~ bs world between the crown
Of cas,iIe and Portugal"
ri. .on,e doctrine has been held bv the nuthori
,o. ho,h ~ ,hn ITn;,ed States and Great Britain:
'. 20, -. ,, .,, .,,, ri,,a,o,, i Msndo,o N
sna a..aSor Sby her subjects or those Of an
other prince should be debsrred from the Indies to whc
she could persuade heseitbat the spanards had an
inst le by ne sp o Ssps On ~ coast bull cot
tass. mi giv@e names to river and capebngs whc
canaa, smlls them to prOPrety This imaginary pro
infot Spanards inhab