The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-12

liled TO.
In his Judgment, our tile TO $40 40 was not clear.
No could sustain the American title, unless he
based it exclusively on priority Of discovery. There
It stood. IL priority Of discovery, without colo
nIzatlon, gave right to a territory, then were
entitled to $40 Az. But not otherwise. He knew
of no rule of public law by which discovery alone
| made perfect lltle. All the tllle we had north Of
the territory wstfred by the Columbia river the
| Spanish tiIlei we had noneof our own II had been
| discovered two centuries even before the American
revolution, as early The year 1892, by the Span
18Th nayigaior. These discoveries we've followed
up from toe TO time by the SPanlardsi expeditions
| were fitted out from MeXcoi ana explorations were
made in 1856 by the spaniards. Spain, therefore,
had all the title that exploration and discovery OF
| the coast could give her; no more. In looking
through the history Of the negotiations Of 1918, 1928
and 1924 1896 and 1927, and lS45, II would he
seen that not single American negouator had pro-
essed 10 discover any other rule by which We could
acquire the territory to $40 4O except the Spanish
| title.
1t was true that the British negotators in the re-
cent negotiation, well as formerly, had been care
ful TO say but little as to what constituted good ute
by the law Of nations, for they have none themselves
They obtained no-Tght and they attested that they
obtained no right under the Spanish claim Of dis
eoyeTy and eX plorauOn but the right Of temporary
occupancy. That was the only ground on which
they could put their title. Their discovery by Cook
in f775, followed up in 1892 by that Of Vancouver,
|
covered, and by some nations had been Gcknowl-
| edged 10 have discovered 200 years before.
| Again: on the second point the discovery Of Cap
| ton Gray of the mouth Of the Columbia river the
exploration Of the oftbat river and Of some OF
| its main branches by Lewis and Clarke gives US the
| right to the Columbia riyeT and the country which
II waters IL the settlement at Astoria be cOnsld-
| ed such colonization and settlement will satisfy
| the second requisite Of the laws of nations. This
| oInt occupation ueaty, he contended merely saved
our rights as they were when that treaty was made,
and when we were not IN condition 10 assert those
| rights. But It our Spanish title is good, then the
settlement at Astoria was in violation Of IT, We had
the right to all the Spanish title would give but lac
did not understand that Two bad TILES nude one good
one. II the Spanish title was good one, tins DIS
| coycry by ROBIN Cray" and the settlement at As
| tOria, were an Infringement on the rights OF Spain
But he held 1t not good; that II was Incomplete
| that the discovery gave Spain but an nchoate right
which she could perfect by settlement in reason
able time, which, IN the language Of Vattel, she
ought to have done immediately; and having failed
TO do It, our settlement at the mouth Of the Culum
ba river gave good title, embracing the Column
ba river and all the territory south OF IT,.
| Mr.. Il. next proceeded To inquire what was the
British tilci Setting aside the Spanish utle under
which they claimed, he esteemed that their settle
ment upon Frazer's river gave them the right
there, our settlement gcve US upon the Columbia
river. Her rights were the same as they were IN
1918; our rights the same also they were IN
ISIS; she had gained rights by subsequent set
dement, we had gained nothing.
The only reason that had been mentioned why
this Joint convention should be continued, was
given by the gentleman from South Carolina
| MIR. RHETI,l that our people were ready to 60
! there in vast numbers, as they had already gone
| there, and to settle the country. You may cover
the country (said Mr.. To- with our people, with
cultivated fields, with palaces, and with colleges
you may erect temples to justice in every ten mics
square, and temples to the living God and you can
never affect the ue in the slightest degree. So long
as that convention stands, you stand just where you
did in 1918. You magnify the difficulties as you did
upon the Maine boundary by our people going
there you may get IN position to take 1t better, Il
plumber ii, it is true; better position to carry
the "manllest destiny" which has been pleaded 10y
gentlemen this floor, but all in disregard o
| the convention of 1915; for settlement can never
be carried on by either nation to acquire title
| so long as that convention stands and Is unbroken
MIR. Buchanan put down that doctrine in his argu-
men upon the claim Of the British under the Nootka
sound treaty. Ia his (Mr. T.s) opinion, it
sound rule; and If sound TO them. 1t was sound to
u.s. Then it followed, that under this convention
we could gain nothing, even by "manifest destiny,
unless violated the pledged honor of the na,ion
There was another ground Of title, and in consid
ering it he might be led to differ with very many
gentlemen with whom he acted on this OCCASION
viz: the title by contIguIIy. That would take US
along the 49th degree, On that basis it haC
question in 1918, 1924, and lS45. He did no
condemn the President for that proposition-h,
Improved of it, He ough, to have done it, II,
Mr., T) believed it the nearest approximation tc
the just rights of the parties that under the Cir
cumstances, could be hit upon. Mr. +. REQUIRED
to the attempt of our government In 1918 TO set.
tie this question, by cooy proposing TO divide
the territory with Great Britain on the 49th para.
lei, and that at the very moment we were nego-
ating with Spain for her claim TO it, which we
OH pe1 al,ouf he alie audo wh
much reliance now placed! That was the fact
about it, and mankind ought to know it. This
Spanish title good against England She
acknowledges it, she claims under it, and she shall
not dispute it. On that basis, then, we had Il SUI
perior title to the territory north of the Columbia
river to the title she has, except as to the portion OF
it on Frazier's river.
This Joint convention, he argued, wise II
saved rights there when not prepared
to assert them. But we were now prepared to do
this. Our people had gone there, and claimed our
protection. Hence he went for terminating the con-
venon, 1t having done all the good it could do
Before he proceeded to the second branch of his
argument, he wished TO be Informed by some gen.
eman how it was that this question had assumed
so monstrous attitude during the last twelve
months. He believed the honorable gentleman from
South Carolina [Mr. RuETTl declared that although
he was opposed to the notice, he had at the las
session of Congress voted for the Oregon bill, not
withstandlng it contained the notice-thus showing
that he looked upon the notice matter of less
consequences than the bill for the extension Of oul
laws over that territory, as, if this had not beer
the case, he would have voted against them both
But now, like Aarons rod, this question of motto,
had swallowed up all other questions. For him
self, without reference to title in Oregon wheth
er it extended to the 49th degree or whether W,
choose to assert rights TO the utmost limits
was in favor Of giving this notice. 1t was righ
in any and every contingency. He. was in favo
of the amendment proposed by the gentleman from
Alabama, Mr.. HILLlARp.] which authorized the
President of the United States to give it when, il
his judgment the state Of foreign affairs rem
ders it expedient and proper. 1t not Tor tn
purpose of stunning responsibility was no
for the purpose of eVading the question: as his col
league Mr.. CoBBl seemo' to suppose that he ia
vored this amen dment of The gehttman--but
struck his mind that there were strong, sub
sianta public reasons why the notice should b.
given IN this way. He was annexed that any friend
Of lhIs nnlLcn sLnIIll III -,cct thiu LnaLr,c