Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1846-02-26
Letters of Albert Gallatin,
ON THE
OREGON QUESTION; ;
Nrw YoRK, January 18th, 1876.

cd. The next question Is, whether The 9th
or facts and arguments adduccd by eIlhe
party establish u complete aud absoleie tltl'
Of either to the whole !; for The United State
claim il explicitly and, although the Iiri'sl
proposal Of compromise did yield part, ye
her qualified claim cxtends 10 The whole. |
has been stated by herself IN the following
words :-"Great Britain claims no exclusive
sovereignty over any portion oi that territory
Her present claim, not ~ respect 10 any part
but 10 the whole is limited 10 Il right oi
Joint occueancy, IN cOIlnon with other STAGES
leaving The right OF exclusive dominion ~
abeyance" And again: The qualified
rights which Great Britain now pussesscs
I over the whole Of the territory IN question:
embrace the right TO navigate The waters ol
those countries, the right 10 settle IN and over
any part of them, aud the right freely to
trade with the inhabitants and occuplers
I OF the same 1t is fully admit
ted that the United States possess the same
| rights but beyond they possess none"
| In the nature Of things, il seems almost
impossible that complete aud absolute right
10 any portion Of America can exist, unless
ii can be by prcscriptlve and undIspuled dctu-
| al possession aud settlements, or by virtue
Of a treaty.
/ At the time when America was dig
covered, the law OF nations was oltogeihcr
unsettled More than a century elapsed be-
fore GrolIus attempted to lay It's foundation
on Natural Law and the moral precepts Of
Christianity aud, when sustaining by
precedents, lie was compelled 10 recur to
Rome and Greece. 1t was in reality new
case, to which no anclcn, pfecedenis could
appY,' for which some new rules must be
adopted. Gradually, some general primer
plies were admitted, meyer Universally, IN
their nature vague and often conflicting
For instance, discovery varies, from The
simple ascertanlng vi the continuity Of land,
10 a minute exploration OF It's curious haI-
bors, rivers, &c; and the rights derived
from il may vary accordingly, and may oc-
casionally be claimed 10 the same district by
different nations. There is no precise rule for
Regulating the sme after WHICH the negI Icct
to occupy would nulhty the right of prior
discovery nor for defining the extent Of
coast beyond the spot discovered 10 which
the discoycrer may he entitled, or how tar
inland his clam extends. The prnc,ple
most generally odmltled was, that IN case
Of a river, the right e&teNaed to the whole
country drained by that rive, aud lis trlbna-
res. Even this was not universally con-
cedel. This right might be effected by
Simultaneous or PRIOR discovery aud occu-
pancy OF some Of the sources of such river
by another party or 1t might conflict WIN
a general CLAIM Of cont'guIty. THIS last
clam, when extending beyond the sources
of rivers discovered and occupied, Is vague
aud underlined +; though II would seem that
Il cannot exceed in breadth that of the ter
rltory on the coast originally discovered and
occupied. A few examples will show the
uncertainty resulting from iLogc various
claims, wheV they conhlctec with each other.
! The old British charters extending from
sea TO sea have already been menlloned.-
ITheywere founded, beyond The sources vi the
rivers emptying into The A,lsntIc, Oh 10 9th
or principle than that of contlguny. The
grant IN 1921 Of Nova Scotia, by James the
Frst, is bounded on the north by the river
ST. Lawrence, though Cartier had more
than eighty five years beiore discovered The
mouth of that river, aud ascendcd II as high
up as The present site OF Montreal, and The
French under Champlain bad several years
before 1921 been settled at Quebec. But
there is another case more important, aud
still more III point.
The few survivors OF the disastrous eXpe-
dition Of Narvaez, who coming from Florida,
did in most extraordinary way reach
Culacan on the Pacific, were The first Euro
rcpeans who crossed the Mississippi. Some
years later. ferdinand dc Soto, coming also
from Florida, did IN the year l54l reach aud
cross the Mississippi, at some place between
the mouth Of the Ohio and that oi Arkansas.
lie explored porloH OF the rlyer and of
the adjacent country and, after his death,
Moscos0, who succeeded HIM IN command,
did IN the year l5i3, build seven brlgan,lnes
or barques, in winch, with the Icsldne OF his
followers, he descended the Mississippi, thc
mouth of which he reached IN seventeen
days. Thence putting to sea with his irall
vessels, he was fortunate enough 10 reach
the Spanish port Of Panuo, on the Mexican
coast. The right of dIscoycry clearly be-
lonrcd TO Spain but she had neglected tor
near one huudr, . and fifty years to make any
settlement on the great river or any "l us I
tributaries. The French, coming from
CANADA, reached the Mississippi N the year
1862, and nsccndrd II ~ high up as ~. On
Iihnny Falls ; gnd La ) hle descended u IN
1862 To It's month. The French Government
did IN virtue of that second discovery, chlm
the country subsequently, founded New Or
lcens, aud iotmed several other settlements
10 the interior, on the Mississippi or It's
waters. Span almost mncdlaI"ly "ccupI"d
Pensacola aud Nacogd 'chcs, ~ order Ia
check the progress Of The Frrnch oustwnrdly
and wcstwardly but she dld not attempt to
disturb thcm IN their scttlcmrDts on the
Mississippi s. IT'S tributaries. We have here
the proof ol prior right 81 discovery being
superseded. when too long neglected, by
that of actual occupancy and settlement
The French by virtue OF having thus Dis
covered the mouth # the NJ >slssipp, of huv-
Ing ascrndcd II more than fifteen hundred +.
miles, o. having explored the Ohio, III" Wa /
bash aud the IlnoI-, from their respective
mouths to their most remote sources, and .
ol having formed several settlements as n
boyc mentioned. laid clalm Ia the whole
country drained by the malu river aud It's
tributaries. They accordingly built luriS NJ
lie Brui. high up the Allegheny Iiycr ard
IN the site where Prttsburg nov stands. On
tho ground of discovery Ut settlement. Great
Britain had not the slightest claun. Grnrr. Z
al. then Colonel Washington was the first
who at The age Of twenty two, mud ~ tie
year l7Jl. planted the Brush banner on the
Western waters. The BRUSH clam was
founded principally on the ground of con-
Grotiis, however. susiains the right Of occupation
hy y maxim ui the Ji,it Roman code.