The North-Carolina standard., 1846-03-04


The inhabitants, therefore of the northern part of
this region would have to travel the whole extent
of the Columbia rivera distance of some thous-
and or twelve hundred mles-before he could
embark the products of his labor and skill on the
mild bosom of the Pacific, in search of a foreign
market This long, and tedious, and toilsome
journey he must take, with the Pacific within two
hundred miles of his home, and Frazcr's river
within one-fourlh of that distance, because Fra
zer's river was discovered by subject of Great
Britain But this discovery, however, was not
until the latter part of the year 1898, some lo
months after our citizens had discovered the Co
lumbia, and therefore eighteen months after this
principle Of continuity-it it has any application,
any force whatever-had extended our rights to
the Pacific. But admitting that we throw out of
consideration any advantage we might claim to
the Frazer valley by continuity, and concede that
10 Great Britain and then title to the south of
40 deg, from the Rocky mountains 10 the Pacific,
would be indisputable; and to the north of that
parallel we would have the Columbia, and Great
Britain the Frazer valley. Both these valleys
are now, by the treaty Of 1927, in the joint occu-
pancy of the two countries. This. then, is the
only portion of this northwest country-the por-
ton to the north of 49 deg.-which in the most
unfavorable view for US, be the proper subject
of division. A line beginning on the Pacific,
somewhere between 81 and So degs., and run
ming along that parallel to the Rocky mountains,
would give 10 Great Britain portion of the ter
ritory we claim, and to US portion she Claims
would give US each line of the Pacific coast
.dequal to our line on the Rocky mountains, and
would also secure to the honorable gentleman from
Tennessee Mr.. Gentryl that straight fence he so
much desired By discovery, settlement, and con-
tinuity, therefore, the whole of Oregon is ours.
Throw continuity out of the account, and confne
US TO discovery and settlement, and we have the
very clearest title to 49 degs, leaving only the
val of he nd n
north of that parallel, to be divided between US.
A line between 81 and So degs. would accomplish
the most just equitable division; or, in consd
Grafton of taking Vancouver's island, the line
, might be located on the 5Ist degree of latitude
But we are here met with another proposition o
the honorable member from Tennessee, [Mr. Ew
ing,] in which he asserts that it is doubtful wheh
er both discovery and settlement give title to a ma
: tfon, unless made under government authority
However this may be, by the laws of nations
Great Britain is esopped, by the chaac of bel
own pretensions to any" portion of this country
from setting up any such doctrine What,
Z would ask, is the beginning, the very foundation
of all the claim which Great Britain now sets uF
4 to any part of this country? Is not all 10 be
traced-does she not herself trace it, through tht
e Nootka conventon-to the mere temporary oc
cupation of a part Of Vancouver's island by 1t
r Meares-who it is true was one of her sub biccts
but who, so far from acting under the direction o
the " government authority" of his own country
s was at The time, sailing and operating under lh'
4 Portuguese fag2 But, sir, if it be true that "gov
y ernment authority" must accompany discovery
t and settlement in order to perfect the title to thi
territory does it not follow that Great Britain ha
the clear title to the whole OF this northwest terri
tory because she, early as 1903, and then agair
s in 1921, extended her laws ov it, whilst we hav,
not to this day, extended either our authority, ou
n laws, or our institutions over the country2 Anc
A.
throughout the country as denying that we hav
S any rights in Oregon2 l do not believe that h.
! desires to be so understood and yet this is tn
e practical result of his positions--the necessary
O conclusion from his premises.
Y Thus far of our title acquired by the entcrpris
d and adventure of our own ctzens, which l re
S gard as the most reliable part of it. Let US nov
n look into our title from Spain, by the treaty o
C 1919 By that treaty Spain ccded TO the United
States all her rights, claims, and pretensions Il
r the northwest territory" So far as prior dis
y coverv is concerned, "these rights, claims, ant
l. pretensions" of Spain extended, and were com
l. pIete, as far north 54 degs. 40 min, at least
1t Between IVA and 1879, exploring expeditions
k sent out by their government, had discovered tn
r Pacific coast as far north the parallel of 60 de
5. grees had landed it various points, had trad
ed with the Indians, and had taken formal posses
sion of the country in the name and for the bene
r fit, of their government Whereas the first Eng
p? lish navigator who saw any portion of this coas
l. north of AZ degrees, was Cook, in 1778, ahe
s. every portion of the coast he visited had previous
h Iy been visited by the Spaniards, Perez, Heceta
o and Bodega.
r The government of Great Britain, however
l. contends that in the year 1870, Spain conclude
d with her treaty, by which certain rights wer
d secured to Great Britain, in this Oregon territory
S, This treaty Of 1870 she contends is still in force
IS and that the only effect Of the treaty of 1919
lt 10 substitute government in the place Of Spai
n in the former treaty. But contend that tn
o treaty of 1890 was abrogated and annucd by tn
d war of 1896 between the two contracting partie
II All who have argued on this point seem to adm
ID that there are some treaties which subsequel
le war between the contracting parties annul and
le stroy; and numerous attempts have been made
le lay down some general rule by which it may
" determined what kind of treaties are destroyed
it war, and what kind survive hostile conflict b
of tween the parties. 1t may perhaps be more eas
is to determine that question in individual case
I'd which may present themselves to our minds, tha
We to lay down anything like general rule. Ar
tie the result of the attempts which have been mad
ef strongly verify this assertion. Some eentleme
or for instance, declare, as general rule, that
We commercial treaties are abrogated by war. Th
ce as a general rule, is not comprehensive enough
as for it is certain that the treaties which are
ty commercial in their character are also terminate
ts by war between the parties A treaty offens
lv and defensive is of this character. Another ge
D. tleman-I mean the honorable member fro
he South Carolina TMr. Holmes1-has tried his SIX