The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-16

lea, which were hrst seen IN 1872 by one OF heI
nayigators; and afterwards, in 1864 possession
was taken OF all Of them in the name Of George
Ill, then king, by landing on one Of them, though
no settlement whatever made or attempted
Spain, two years after, sent troops from her prov
Ince OF Buenos Ayres to one of these islands, took
possession of It, settled it, and gave it name In
1863, dispute arose between these two crowns as
10 the sovereignty of these islands, when this British
principle of public law again invoked, and
Spain, weak and timid SPAIN had to submit.
Indeed, sir, her whole history shows that prior
discovery, even unaccompanled by settlement, was
for her, sufficient ground Of title.
Ii may be said, sir, that a true exposition OF the
law of nations does not sanction this principle. But
Great Britain has established it, and the controversy
Is with her, and 10 her II be applied with pecu-
liar and powerful force She was enabled to write
this law with the point OF her sword and to inter
polate the code Of public law in manner to SUIT
herself In this matter of international law, sir,
the great moral law which should govern nations, as
well as individual man, Is not untrequenuy dsTe-
garded. With nations, might Is too commonly re.
garded right, and power eompes obedience 10 the
most odious principles, which, from the forced ae-
quiescenee Of the weak, become Ia time 10 be re-
garded as fundamental principles Of International
law No nation, sir, has been moro uniformly sue
cessful than Great Britain establishing those prln-
clpes Of international law which best Comported
with her own views OF policy; and she has dehed all
nations, not excepting our own, slr, IN their asser
ton and prosecution.
Apply, Mr. President, this conjoInt British and
American exposition OF public law, which | have
Stated, TO the Spanish discovery, IN national ship,
fitted out for the purpose, by Perez in INA of the
Pacific coast OF Oregon as far north the northwest
point OF Washington lslaLd claimed by the U nj.
ted States, including also Nootka and Vancouver
island; Of Heceia and Quadra in IT'S, of the mouth
of the Columbia river, and Of various other parts OF
the coast, as related by Humboldt IN his New
SPAIN" vol = PIP. $50, 1885, TO the fact Of an
al Spanish occupation Of Nootka from 1888 to 1895,
when the Spanlards voluntarily abandoned 1t; and
that no British settlement has since been made there
Apply It TO the American discovery of and sailing
up the principal river by Captain Gray IN his good
ship the Columbia, whose name the Tver bears
Apply II 10 the prior settlement by Spain OF CatOr
MIA and other points Of the coast Of the Pacific
ders the orders of the vceroys of New Spain, with
steady and unyledng claim Of title from liza, to
the whole coast from California a lautute north Of
$40 4O. Apply II TO the explorations of Oregon by
Lewis and Clarke from the head waters Of the Co.
lumbIa to its mouth on the line Of continuity and
to the American settlements made IN 1909 and lSl |
the latter being Astoria, at its mouth--and the
post on the Okenagan, six hundred miles up the
river and one on the Spokan still further advanced
and on the Kooskooskee and the Willamette rivers,
and to the surrender of Astoria the United States
by Great Britain in virtue Of the first article of the
treaty OF Client, and without any qualification or
reservation whatever and consider that all these acts
and foundations of title, Spanish and American, be
long to the United States-and we find our title per
feet to the whole Of Oregon upon those principles Of
public law established by Great Britain herself on
the American continent prior to our revolution in
l776, and which she has always urged in her own
behalf.
On England's own doctrine, sir, have we not a
perfect title to the whole of Oregon Have we
not perfect right, sir, to apply to her preten-
sions there the test of her own principles II
her discovery Of the Atlantic coast, and her par
tla settlements at jamestown and Plymouth, en-
titled her to claim the whole coas. and country,
and to turn the French and the Dutch out of lido
not our discoveries, and those of Spain, which now
belong to US, on the northwest coast, and her and
our establishments and possession there (Spain be-
ing undeniaby the first discoverer and that not
moely give us tide equally valid to the coast of
the Pacific If the British principle was sound IN the
one case, why it not in the other Can this be
answered. Or shall it be permitted her, at her own
caprice, to change principles she has established,
without resistance from government and power
equal, if not superior, TO her own?
The views here presented sir, justify me, think,
in the assertion, that from the public law in regard
to title arising upon discovery, asserted by Eng
land, she is estopped by her own act from claiming
any part Of the northwest coast between $40 and
go north latitude. 1t will not do to say, sir, in OPP
position to this conclusion, that the limits of the
British possessions this continent were confined
by the treaty 1863 to the country east Of the Mis-
sssppi that the treaty Of peace ofl7S3, acknow-
Lodging the independence of the American colonies,
confined them to that river as their western limit
This is no answer to the argument, based as 1t is
upon the previous act Of Great Britain herself and
she now the opposing claimant; for by the terms OF
that acknowledgment, his Britannia majesty &C.
knowedges "the United States TO be free, sovereign
and independent States that he treats with them as
such; and for himself his heirs and successors, re-
linquishes all claims to the government, property
and territorial rights ofhe and every part there
Of" Although boundaries were established by this
treaty for the States, yet there was no assumed re
sumption of territoy heretofore granted by Grea
Britain to any Of the colonies; but oil their "terrto
rial rights" are preserved to them stated BY
the colony charter of 1909 Virginia had "erritorla
rights" as against Great Britain on the Pacific
coast, comprehending twenty-eight degrees of latl
tude; and though she did not claim agains
France and Spain, any farther west than the Mssis
sippi, she could claim as against Great Brtain-nc
treaty or act of hers having restricted her western
limits in favor of Great Britain. Apart, then, sir
from the tcaims of France and Spain, Virgin,
claimed rghtfully from to sea; and this title, thus
emanatng from Great Britain herself she granted tt
the United States by her deed of cession Of the Is
of March, 1884.
Another view Of the question: sir and auxiliary
to this already presented, makes the case more con
elusive; and it is this Great Britain, by virtue o
prior discovery, and of small and detached settle
ments made after the lapse of more than century
claimed perfect title to, and jurisdiction over, tn
vast region stretching from the Atlantic to the Pa
cifc, including Oregon, and covered it with her co
lonal charters as have seen.
ABy the treaty Of Paris, Of 1862 before adverte'
to, sir, and by the treaty of peace Of 1888, Grea
Britain abandoned her right to all the land covered
by these charters west of the Mississippi river
(Which Of necessity accrued to Spain the owne
of Louisiana by the secret treaty of 1862 and o
| all the country west to the Pacific, including TIT
whole of Oregon; because there was no other pow
or then in existence asserting claim to, or which
had made a settlement at that time on, that coast
and the claim by continuity, extending eastward
from the Pacific, and westward from the Misslssip
pi, would lawfully cover the whole space.
This treaty of 1863 was to close war waged 70
territorial rights and it intended Ito remov
torerer all subjects Of dispute with regard to tn
limits of the British and French territories on III
continent Of .4eriea;" the secret treaty of 1862 no
being then known, by which Spain had succeeded Il
the rights Of France. 1t was agreed by 1t "tha, to
The future, the COZ, fines beh0etn The dominonS of hi
Britannia majesty and those Of his most Chris
tan majesty in that part Of the world, shall b
| fixed irr,rocdbiy by line drawn along the middl