The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-06

lt Is SUFFICIENT GUSWtI ~ INV oiBo"SH'' VI "SSO
gentlemen to state the fact that we own both these
titles and can use them separately or together, as
we please.
Mr. PakenhoSi July "a 1916 Mr. EWiHs'
"ln tbs Irst place, az relate. First 1t Is doubtful
to s, that h. was can enure to the benefit Of
private navigator, sailing the United States he not
principally for the purposes oil acting unGer government
trade.n authority"
Neither Of the gentlemen have given reasons or
authority to show the distinction between govern
ment vessel and merchantmen, with the flag OF her
country at her masthead, so far discoveries
concerned.
NV colleague proceeds to take another position,
which appears to me to be untcnable. He says:
what then the construction Of the Nootka trea
ty7 The text that convention certainly gives England
the right of settlement of Nooka Sound and within the
parallels therefore of a. degrees and % degrees 40 min
utes."
will notice the right of the English to make set
dement's north of Nootka sound hereafter. have
been unable to find any authority to sustain the
eentleman's position that there was line establish
ed at $40 40 az early as l79O, the date OF the MOOT
ka treaty. On the contrary, il was not until the
convention of 1924, between the United States and
Russia, that the boundary of $40 40 was establish
ed-nearly thirty years subsequent to the Nootka
convention.
NV colleague is somewhat celebrated in Tennes-
see as a criminal lawyer; and it is well known to
all who have witnessed the trial Of criminals, that
their counsel have often to resort to ingenious argu-
ment to create in the minds OF the jury reasonable
do,,btso as to their guilt. My colleague is fresh
from the courts and was not much surprised, that
he is found attempting to create reasonable doubts"
in the minds of this committee and the country az to
our title TO Oregon. | have great respect for my
colleague as a man of learning, and as patriot, and
| am inclined to the opinion, that AFTER he has abb
stained from the defence Of criminals for short
| time, all will go right with him. and we shall have
his cordial assistance in obtaining the. whole OF
| I from fhp Oenfe "a
First, Il "a doubtful whether Grays discovery
to the benefit United states he not acting under gov
eminent authority Second i pretty certain thaa his en-
discovery in I77b Third Heceta By government an
thorty and claimed the whole coast for his government
but is doubtful how far such claim was oil use without
subsequent settlement Fourth The effect OF Lewis enc
Carkes exploration without settlement is Of doubtful i'm
mort Fifth The settlement Of Astoria and ts subsequent
bandonment what is this sva1 DtBidtp. Sixth, The
spanjsh establishment Mt Nooa of what effect was that
n is not agreed. Then it cannot he determined which
the better title, the American or the span
sh The spanish title to be preferred Ivy our Ameri
can dnlomatsts not that they have the choice the Eng
h o"sh are certainly at liberty argue that this
oor better title and u the point Ia really doubtful one
we cannot arbitrarily assume IL 10 DC e'her the one way
FAKE n then that the Spanish is better title an
Fnss , n,y i,tIs nv our own discoveries gone; 10
England has an IN EePeo derived under TINS span
sh title by and we oo,ssndrg and assert he
rights derived under and the convention win Spah
These doubts, taken in connection with the posi-
tive assertion Of the gentleman from SCUM o'ro
lima, fMr. Holmes, that
"sr deny in toto any right any claim TO that errtor
or TO any part or parcel thereof that does not ePpe
with equal force and efficiency 10 the power Of "r'
Brsinn
I, will, hope, be a sufficient excuse, upon my par
for nm examination of our rights in Oregon.
was surprised, Mr.. Chairman, to hear my co
league, tMr. EwSo, make the admission con'aine
. in the following language;
Tbs resul, then with me- Of the examination Of our Ut
N the Oregon territory that II Is not clear and unique
tonabIc have moi examined do intend TO examn
how much better il may be TO the 4eh parallel thant
parallel Of 81 degree, 40 minutes tnoegh 40 MINK
better N the former than the latter; and indeed the m
Of 40 degrees really marked By the treaty o. Utreel
Of which, however, have no suhcent evidence,
might claim with certainty 40 degrees and could not
lbeyondh. The ques,ionng our tue 70 any Psn Of