The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-04-28

herself Ia this matter Of International law, sir the
great moral law which should govern nations as
well as individual man, Is not unfrequenty disre-
garded With nations, might is too commonly re-
garded az right, and power compels obedience 10 the
most odious principles, which, from the forced &C
quiescence OF the weak, become in time to be re.
garded as fundamental principles OF International
law. No nation, sir, has been more uniformly
successful than Great Britain In establishing those
principles of international law which best comport-
ed with her own views of policy; and she has den.
ed all nations, not excepting our own, Sir In their
assertion 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 l774 of the
Pacific coast Of Oregon as far north as the northwest
point OF Washington Islands, as claimed by the Uni
Ted States, including also Nootka and Vancouver's
Island; OF Heceta and Quadra In ITO, OF the mouth
Of the Columbia river and Of various other parts OF
the coast as related by Humboldt in his "New
Spain," (vol 2, PIP 252 $3.50 TO the fact OF an ac-
tual Spanish occupation OF Nootka from 1883 to
1885, when the Spanards voluntarily abandoned it /;
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 river bears.
Apply to the prior settlement by Spain Of Callfor-
MA and other points OF the coast OF the Pacific, UNI
| der the orders OF the Vicer0ys OF New Span with
steady and unyelding claim OF title from l774, to
the whole coast from California to latitude north
tons Of Oregon by Lewis and Clarke from the head
waters Of the Columbia to its mouth on the line Of
continuity. and to the American settlements made in
1909 and l8ll-the latter being Astoria, at Its mouth
land the post on the Okanagan, six hundred miles
up the river, and one on the Spokan, still further adj
vanced, and on the kooskooskee and the Willamette
rivers and to the surrender Of Astoria to 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. belong to the United States,-and we
find IN Tho hnl NJ
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
perfect title to the whole Of Oregon? Have we not
perfect right, sir, to apply to her pretensons there,
the test OF her own principles II her discovery OF
the Atlantic coast, and her partial settlements at
Jamestown and Plymouth, entitled her to claim the
whole coast and country, and to turn the French anc
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 possessions there; (Spain being undeniably the
first discoverer and that not remotely y give US IL
tie equally valid to the coast Of the Pacific If the
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 resist
an e, from a government and power equal, If not
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
she i . ssstoIpsd by her own act from claiming
and 62 deg. north latitude. Il will not do to say,
sir, in opposition to this conclusion, that the limits
of tn. British possessions on this continent were
confined by the treaty Of l76S to the country east Of
the Mississippi /; nor that the treaty of peace Of
| 1888, acknowledging the independence OF the
American colonies, confined them to that river
as their western limit. THIS is no answer
to the argument, based as it 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 ac-
reign, and Independent States that he treats with
them as such and for himself his heirs, and sue
cessors rellnquishes all claim to the government,
property, and territorial rights OF the, same AND
established by this treaty for the States yet there
was assumed resumption of territory heretofore
granted Dy Great Britain to any Of the colonies but
all their territorial rights are preserved to them
stated BY the colony charter of 1909, Virginia
had territorial rights, as against Great Britain, on
the Pacific coast, comprehending twenty-eight de-
grees of latitude; and though she dd not claim as
against France and Spain, any farther west than the
Mississippi, she could claim against Great Br-
tain-no treaty or act of hers having restricted her
western limits in favor OF Great Britain. Apart,
then, sir, from the claims Of France and Spain, Vir-
| glnia claimed righfuly from sea to sea and this
title, thus emanating from Great Britain herself, she
granted to the United States by her deed of cesson
Of the Let Of March, 1874.
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 OF
prior discovery, and Of small and detached settle
ments made after the lapse of more than century,
claimed perfect title to, and jurisdiction over the
vast region stretching from the Atlantic to the Pa
cfc, including Oregon, and covered It with her CO.
lonial charters, as we have seen.
BY the treaty OF Paris OF 1863, before advered to,
abandoned her right to all the land covered by these
charters west OF the Mississippi river, (Which OF ne
cessity accrued to Spain as the owner Of Louisiana
by the secret treaty Of 1862 and Of all the country
west to the Pacific including the whole Of Oregon
because there was other power then in existence
asserting claim to, or which had made settle
ment at that time on. that coast and the claim by
continuity, extending eastward from the Pacific,
and westward from the Mississippi, would lawfully
cover the whole space.
This treaty Of 1863 was to close war waged for
territorial rights, and 1t was intended "to remove
forever all subjects of dispute with regard to the
limits of the British and French territories on The
continent of America " the secret treaty OF 1852 not
being then known, by which Spain had succeeded
to The rights Of France. II was agreed by it "that
for the future, the confines bet,ceen the doninions OF
his Briiannc Majesty and those of his most Chris
tan Majesty in that part Of the world, shall be fixed
rreuocabiy by line drawn along the middle OF the
river Mississippi, from its source to the river lber
vile, and from thence, by line drawn along the
middle Of this river and the lakes Maurepas and
POntcnartrain, to the sea-"
Spain, at the same time, sir, ceded to Great Bri-
tain Florida, and all Spanish possessions east Of the
Mississippi and these paTsies, by their respective
cessons, left the inference, although not expressed
in the treaty. that the territory iOes Of that river re-
NAMED in the possession OF either or BOTH France
and Spain. The subsequent cession OF Louisiana
by Spain to France in 1900 enabled her to cede the
same to the United States by the treaty of 1903. III
not conveyed by that treaty, sir, as not within the
limits OF Louisiana, it was within the dominions Of
Spain and that power, by the Florida treaty Of
l8l9 ceded to US all her "rehts, claims, and pre-
tensions to the territories the Pacific north OF
the forty-second degree Of north latitude.
Mr. President TO say the least Of this exhibition
OF title on our part, q strong prinsa Jaee case is
made out, sufficient, in court OF justice, to put the
opposing party on his defence and If he shows no
title on his part, recovery must be had tor the pre-
mises in question. 1t is good title, and must pre-
vail over party showing and claiming none, al