The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-28
NGRESSIONAL.
SPEECH OF MR.. DICKINSON
OF NEW YORK,
n the Senate, February 24h. lS46-Upon

OF NEW YORK,
In the Senate, February 24h, l846-Upon the Ore
gon question.
Mr. DICKINSON then rose and addressed the
Senate on the special order of the day--the Joint
resolution Of notice, and the amendments thereto.
He spoke as follows The question which am
now about to discuss in some Of It's most interesting
and important relations, is one which deeply con-
Germs the wel-being Of political and social sys.
tenn Though apparently confined TO an extensive
region Of country our western border, il spreads
| far be yond where human vision can penetrate and
rises above oil physical considerations. To under
stand il adequately in all its bearings, and enable
ourselves to Judge Of il dspassonatey according 10
its great merits, II is necessary should trace back
the pathway OF civilization, and learn something OF
the action and motives Of those connected with its
earliest history. Towards the close Of the fifteenth
century, we Ind the Portuguese engaged in exam
ining the coast Of Africa 10 southerly and
ly direction, in the hope Of finding passage 10 the
Indian ocean, in which they were stimulated by tho
ball Of Pope Nicholas v, assigning to them the
rights Of conquest, sovereignty, and trade exclu-
sivey IN pagan lands which they might discover
in that direction; and after the return of Columbus
from bis hrst voyage, the united soyereigns OF
tained a like authority, from Pope Alex
ander vi, for all lands and seas which they
might discover In the west, not before discoy-
cred or occupied by a Christian prince or people.
Under this extraordinary, but at that time recog-
niscI authority, the sovereigns Of Spain and the
king OF Portagai-two Of the greatest maritime pow
ers Of Europe-framed what they were pleased TO
call the partition Of the ocean, by drawing line
$40 leagues west Of the Cape De Verd issnds and a.
signed all that portion of the globe east of it to Por-
tugal, and that west Of IL to Spain. The sue
cess Of Columbus lent TO Spain an extraordinary
stimulus, which sought its development in geo
graphical discovery, territorial acquisition, md
the promotion Of physical science, and even in
INDUCING a morbid superstition In the prosecu.
ton Of It's idle vagaries. In 1919 Ponce de
Leon, Spsniard Of birth and fortune, in three
vessels, fitted out at his own expense, while
cruising among the newly-discovered islands, seek
ing for that spring so long desired by the oren-
tails, which was to endue with perpetual youth
all who bathed in It's waters discovered Florida.
Balboa, governor Of Santa Maria, Spanish colony
near DarieD, whilst searching for an ocean in the
west whose shores he believed 10 be paved with
gold, after much suffering, priyaton and fatigue,
discovered the Pacific, and entering into u waters,
proclaimed, with ouis,retched sword, that he took
possession In the name Of his king and master
In 1870, Magellan, Portuguese in the service
Of Spain, discovered the straits bearing his name,
through which he sailed into the ocean discovered
by Balboa, and which he named the Pacific, by
eason Of its peaceful bosom. About this lime
Mexico, which was discovered in 1918, was con-
quered, and Spain became the wealthiest nation of
Europe, and prosecuted for time her discoveries,
explorations, and conquests, particularly upon the
western coast of North America From the time
of the discovery Of this ocean up TO 1910, Mr.
D. said he had collected from all the sources
within his reach connected history Of the title
to the Oregon territory. II would however
occupy more time than he had allotted to him
self on this occasion to go through that history in
DETAIL and he had great pleasure in passing over it,
since the able, and excellent commentary on that
branch Of the subject by his colleague, (Mr. DIX }
He would therefore content himself with little more
than mere alluson to few historical facts not for
the purpose Of tracing the history, but OF presenting
the points from which his deductions would be
drawn. To all such are kind enough to
listen to my remarks, and who shall honor me by
reading any report Of them, | beg to say that |
shall relieve them of all inferences as TO concu-
sions; and, therefore, when speaking of Oregon,
desire 10 be understood as speaking OF that region
Of country bordering on the Pacific, bounded on
the south by latitude 42o; and on the north by $40
40; ! intend to show clearly what are the rights
Of the respective parties and not believing that any
Christian nation, much less England, will go to war
for even a profitable wrong, give up right If
she should shall discus the question with the same
freedom as though 1t were the custom of nations to
resort to a court of justice for their ultima ratio
instead of the field Of battle.
Territory may be acquired by a nation in
various ways, and, among others, by treatv, by
conquest, by discovery. or by contiguity. Treaty
and conquest explain themselves. Discovery in its
general sense, is described as follows, in treatise
on international law, by Maren, professor of law
in the university of Gottngen:
From the moment nation has taken possession OF q
territory in right of first occuper and with the design
toesabh themselves there for the future they become
the absolute and sole propretors of it, and all that 1t con.
ains; and have right exclude all other nations
to It, and dispose of IL they think proper; provided
however, that they do not in anywse encroach the
rights Of other nations" .
in right of Legitimate conquest nation sezes terri
tory which is coded to 1t at the peace"
1t is general principle that the discovery of the
leading geographical features of territory is dis
covery Of the whole. The discovery of river,
either Of its mouth or head waters is a discovery,
not of the river merely, but Of the territory drain
ed by it, and if the territory have natural or
political boundaries, the discovery embraces the
entire region limited by them. In this case the
political boundaries of the territory being defined;
no question can arise on that point; and we have
therefore only to address ourselves to the question of
the title to the particular section of country. Con-
tiguity may come in aid Of discovery; and when the
discovered territory is contiguous the possessions
of those making it, the title is thereby strengthened,
and discovery OF an inferior character will be su
fcent Even contiguity will carry a title without
discovery, if the possession Of the territory he ne.
cessary to the interest and convenience of the
adjacent power, and no other power will be per-
mted to take possession. Under these general rules
the law of nations--a code which experience has
suggested, and regio morality, and civilization
have approved, assigns the territory to the gov
eminent which shall discover it as the reward of
it's enterprise. Nor does subsequent more perfect,
and minute discovery supersede the first. The first
discovery, although 1t may not be minute and COM
pete-although it may not ascertain all the geo.
graphical features of the country-yet if it have
ascertained the leading features, then it is discov-
cry Of the country, and carries with il all the adj
yantsges Of perfect discovery. Though occupa-
lion should follow, it need not Immediately sue
coed discovery. But there must be an in
fAnt In ri lnur nm thc
IL is a question Of ntent-of good faith And
hat question must he settled by an examins
ton Of the motives and intentions Of the party
as far as they can be ascerta ned; and hence
the ausion to the circumstances which preceded the
discovery of this territory. II is not contended that
the papa authority conferred any title. But il was
at that tme and with that people, recognised as au-
ihority-as the highest authority in Europe,
and therefore shows that in discovering, ex-
plorng, and takicg possession, they believed
they bad title and intended to occupy, and although
i is no title Of itself, it comes in aid Of and forti
fes the title by discovery,--shows that the