Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1846-02-13
From the National Inlelligeaeer.
THE OREGON QUESTlON.-No. IL.
New YoRK, January I3, 1876.

proved that che claim OF the United States
to absolute sovereignty over the whole
Oregon territory, in virtue Of the ancient
exclusive Spanish claim, is wholly unioun-
ded. The next question is, whether the
other facts and arguments adduced by ei-
ther party establish complete and ALSO
lulp title OF either TO The whole: for the
United States claim il explicitly; and. sl-
though the British proposal Of compromise
did yield a part, yet her qualified claim ex-
tends to the whole. 1t has teen stated by
herself in the following words: "Great Bri-
tain claims no exclssive sovpfGgnty over
any portion of that territory. Her present
claim, not in respect to any part, hui to the
whole, is limised to a right Of joint occu-
pancy, in common with other States, leav-
ing the right of exclusive dominion in
allegiance" And, again: "Thp qualified
rights which Great Britain now possesses
over the whole Of the Territory in question,
embrace the right to navigate the waiers
OF those countries, theright tospule in and
overSny partof them. and the right freely
To trade with the Inhabitants and occupiers
of the same. II fully
admitted that the United States possess the
same rights; tmt beyond they possess none.
In the nature Of thiNgs. it seems almost
impossible that a cotopptp and absolute
right to any portion Of America can exist,
unless it be by Prescriptive and undispu-
ted ,acfuat possession and settlements, OF by
virtue Of n treaty.
At the time when America was dscov.
cred, the law Of nations was altogether un
settled. More than a century elapsed be-
fore Grotius attempted to lay its 6unda-
ton on Natural Law aud the moral pre-
cepts Of Christianity; and, when sustain
ing it by precedents, he was compelled to
recur to Rome and Greece. 1t was in re-
atty new case, to which no ancient pre-
cedents could appIy,* Tor which some new
rules 0ust be adopted. Gradually, some
general principles wee admitted, never
universally, in their nature vague and Of
ten conflicting. For instance, discovery
varies, from the simple ascerlainng Of the
continuity of land to minute exploration
OF its various hartors, rivers, &C.; and the
rights derived from it may vary according
iy, and may occasionally be claimed to the
same district by different nations. There is
no precise rule for regulating the time af.
ter which the neglect to occupy would nuI.
lfy the right of prior discovery; nor for
defining the extent Of coast SPyond the
spot discovered to which the discovprer
may he entitled, or how far inland his claim
extends. The principle most generally
admitted was, hat. in ease of river, the
right extended to the whole country drain.
ed by that river and its tributaries. Even
this was not universally conceded. This
right might be effected hv simultaneous
or prior discovery and occupancy of some
nf The sources of such river hy another
party; or it might conflict with general
claim Of contiguty. This last claim. when
extended beyond the sources Of rivers dis
covered and occupied, is vague and unde-
fined; though it would seem that it cannot
exceed in breadth that Of the territory on
the coast originally discovered and occupi-
ed. few examples will show the nm
certainty resulting from those varions
claims, when they conficted with each
other
The old British charters extending from
sea to sea have already been mentioned.
They were founded, beyond the sources of
the rivers emptying into the Atlantic, on
no other principle than that of contiguity
or continuity. The grontin 1921 Of Nova
Scotia, by James the First is bounded on
the north by the river St. Lawrence, though
Cartier had more than eighty-fve years be-
fore discovered the mouth OF that river,
and assembled il as high up as the present
site of Montreal, and the French under
Champlain had several years before 1891
been settled tQuebec. But is anolh.
er case more important, and still more in
point.
The few survivors of the disastrous ex-
pedition of Narvarz, who, coming from
Florida. did in most extraordinary way
reach Culiacan on the Pacific, were the
first Europeans who crossed the Mississir-
pi Some years later, Ferdinand de Soto,
coming also from Florida. did IN the year
l54l reach and cross the Mississippi, at
some place hetween the mouth Of the Ohio
and that of Arkansas. He explored a pol-