CHAPTER XIV.

NEGOTIATIONS BETWEEN GREAT BRITAIN AND THE UNITED STATES IN 1823-24.

Proceedings in Congress after the Convention of 1818.--Russian Ukase

of 1821.--Russian Title to the North-west Coast of

America.--Declaration of President Monroe, of Dec. 2, 1823.--Protest

of Russia and Great Britain.--Report of General Jessup.--Exclusive

Claim set up by the United States, on the Ground of Discovery by

Captain Gray, and Settlement at Astoria.--Extent of Title by Discovery

of the Mouth of a River.--The United States claim up to 51 deg. N.

L.--British Objections.--Convention of 1790.--Discovery by Captain

Gray a private Enterprise.--Mr. Rush's Reply.--Gray's Vessel a

national Ship for such an Occasion.--Superior Title of Spain.--British

Answer.--Pretensions of Spain never admitted.--Drake's Expedition in

1578.--Mr. Rush's further Reply.--Treaty of 1763, a Bar to Great

Britain westward of the Mississippi.--Exclusive Claim of the United

States to the entire Valley of the Columbia River.--Proposal of the

British Commissioners of the Parallel of 49 deg. to the North-easternmost

Branch of the Columbia, and thence along the Mid-channel of the River

to the Sea.--Counter-proposal of the United States of the Parallel of

49 deg. to the Sea.--Negotiations broken off.

The Convention of 1818 had provided that the country westward of the Stony

Mountains should be free and open, for the term of ten years from the

signature of the treaty, to the vessels, citizens, and subjects of the two

Powers, without prejudice to the territorial claims of either party. Two

years afterwards a committee was appointed by the House of Representatives

in Congress, for an "inquiry as to the situation of the settlements on the

Pacific Ocean, and as to the expediency of occupying the Columbia River;"

and a bill was subsequently brought in "for the occupation of the

Columbia, and the regulation of the trade with the Indians in the

territories of the United States." The bill, however, was suffered to lie

on the table of the House, and although it was again brought before

Congress in the ensuing year, no further steps were taken until the winter

of 1823. (Greenhow, p. 332.)

In the mean time the attention of both Powers was arrested by the

publication of a Russian ukase on 16th September 1821, by which an

exclusive title was asserted in favour of Russian subjects to the

north-west coast of America, as far south as 51 deg. north lat., and all

foreign vessels were prohibited from approaching within one hundred miles

of the shore, under penalty of confiscation. Great Britain lost no time in

protesting against this edict, and Mr. Adams, on the part of the United

States, declined to recognise its validity. A correspondence ensued

between Mr. Adams and M. de Poletica, the Russian Minister at Washington,

which may be referred to in the British and Foreign State Papers for

1821-22. M. de Poletica alleged, as authorising this edict on the part of

the Emperor, first discovery, first occupancy, and, in the last place, a

peaceable and uncontested possession of more than half a century. Both the

other Powers, however, contested the extent to which so perfect a title

could be made out by Russia, and separate negotiations were in consequence

opened between Russia and the other two Powers for the adjustment of their

conflicting claims. The question was additionally embarrassed by a

declaration on the part of President Monroe, on December 2, 1823, that the

"American continents, by the free and independent condition which they had

assumed, were henceforth not to be considered as subjects for colonisation

by any European power." (Greenhow, p. 325.) Against this declaration, both

Russia and Great Britain formally protested. A further ground of

dissension between Great Britain and the United States resulted from an

official paper laid before the House of Representatives in Congress, on

February 16, 1824, by General Jessup, the Quartermaster-General, in which

it was proposed to establish certain military posts between Council Bluffs

on the Missouri, and the Pacific, by which, he adds, "present protection

would be afforded to our traders; and at the expiration of the privilege

granted to British subjects to trade on the waters of the Columbia, we

should be enabled to remove them from our territory, and to secure the

whole trade to our citizens." In the conference which ensued at London on

the following July, the British commissioners remarked that such

observations "were calculated to put Great Britain especially upon her

guard, coming, as they did, at a moment when a friendly negotiation was

pending between the two Powers for the adjustment of their relative and

conflicting claims to the entire district of the country." (Greenhow, p.

337.)

Such proceedings on the part of the Executive of the United States were

not calculated to facilitate the settlement of the points likely to become

subjects of controversy in the approaching negotiations, either at St.

Petersburgh or at London. The instructions which were to guide the

commissioners of the United States were set forth by Mr. Adams, in a

letter to Mr. Rush, the Minister Plenipotentiary at London, of the date of

July 22, 1823, which may be referred to in the British and Foreign State

Papers, 1825-26, p. 498. In the previous negotiations of 1818, as already

observed, Messrs. Gallatin and Rush "_did not assert a perfect right_" to

the country westward of the Stony Mountains, but insisted that their claim

was "_at least good against Great Britain_." The 49th degree of north

latitude had, in pursuance of the Treaty of Utrecht, been fixed

indefinitely as the line between the northern British possessions and

those of France, including Louisiana, now a part of our territories. There

was no reason why, if the two countries extended their claims westward,

the same line should not be continued to the Pacific Ocean. So far as

discovery gave a claim, ours to the whole country on the waters of the

Columbia River was indisputable. Subsequently, however, to these

negotiations, His Catholic Majesty had ceded to the United States, by the

Treaty of Washington, of February 22, 1819, commonly called the Florida

Treaty, "all his rights, claims, and pretensions to any territory" north

of the 42d parallel of north latitude; and Mr. Rush opened the

negotiations by stating, that "the rights thus acquired from Spain were

regarded by the government of the United States as surpassing the rights

of all other European Powers on that coast." Apart, however, from this

right, "the United States claimed in their own right, and as their

absolute and exclusive sovereignty and dominion, the whole of the country

west of the Rocky Mountains, from the 42d to at least as far up as the

51st degree of north latitude." This claim they rested upon their first

discovery of the river Columbia, followed up by an effective settlement at

its mouth: a settlement which was reduced by the arms of Britain during

the late war, but formally surrendered up to the United States at the

return of peace.

Their right by first discovery they deemed peculiarly strong, having been

made, not only from the sea by Captain Gray, but also from the interior by

Lewis and Clarke, who first discovered its sources, and explored its whole

inland course to the Pacific Ocean. It had been ascertained that the

Columbia extended, by the River Multnomah, to as low as 42 degrees north;

and by Clarke's River, to a point as high up as 51 degrees, if not beyond

that point; and to this entire range of country, contiguous to the

original dominion of the United States, and made a part of it by the

almost intermingling waters of each, the United States considered their

title as established by all the principles that had ever been applied on

this subject by the Powers of Europe to settlements in the American

hemisphere. "I asserted," writes Mr. Rush, "that _a nation discovering a

country, by entering the mouth of its principal river at the sea coast,

must necessarily be allowed to claim and hold as great an extent of the

interior country as was described by the course of such principal river

and its tributary streams_; and that the claim to this extent became

doubly strong, where, as in the present instance, the same river had also

been explored from its very mountain-springs to the sea.

"Such an union of titles, imparting a validity to each other, did not

often exist. I remarked, that it was scarcely to be presumed that any

European nation would henceforth project any colonial establishment on any

part of the north-west coast of America, which as yet had never been used

to any other useful purpose than that of trading with the aboriginal

inhabitants, or fishing in the neighbouring seas; but that the United

States should contemplate, and at one day form, permanent establishments

there, was naturally to be expected, as proximate to their own

possessions, and falling under their immediate jurisdiction. Speaking of

the Powers of Europe, who had ever advanced claims to any part of this

coast, I referred to the principles that had been settled by the Nootka

Sound Convention of 1790, and remarked, that Spain had now lost all the

_exclusive colonial rights that were recognised under that convention_,

first, by the fact of the independence of the South American States and of

Mexico, and next, by her express renunciation of all her rights, of

whatever kind, above the 42 degree of north latitude, to the United

States. Those new States would themselves now possess the rights incident

to their condition of political independence, and the claims of the United

States above the 42 parallel, as high up as 60 deg., claims as well in their

own right as by their succession to the title of Spain, would henceforth

necessarily preclude other nations from forming colonial establishments

upon any part of the American continents. I was, therefore, instructed to

say, that my government no longer considered any part of those continents

as open to future colonisation by any of the Powers of Europe, and that

this was a principle upon which I should insist in the course of these

negotiations."

The proposal which Mr. Rush was authorised to make on the part of the

United States was, that for the future no settlements should be made by

citizens of the United States north of 51 deg., or by British subjects south

of 51 deg., inasmuch as the Columbia River branched as far north as 51 deg. Mr.

Adams, however, in his instructions, concludes with these words:--"As,

however, the line already runs in latitude 49 deg. to the Stony Mountains,

should it be earnestly insisted upon by Great Britain, we will consent to

carry it in continuance on the same parallel to the sea."

On the other hand the British plenipotentiaries, on their part, totally

declined the proposal, and totally denied the principles under which it

had been introduced. "They said that Great Britain considered the whole of

the unoccupied parts of America as being open to her future settlements,

in like manner as heretofore. They included within these parts, as well

that portion of the north-west coast lying between the 42d and 51st degree

of latitude, as any other parts. The principle of colonisation on that

coast, or elsewhere, on any portion of those continents not yet occupied,

Great Britain was not prepared to relinquish. Neither was she prepared to

accede to the exclusive claim of the United States. She had not, by her

convention with Spain of 1790, or at any other period, conceded to that

Power any exclusive rights on that coast, where actual settlements had not

been formed. She considered the same principles to be applicable to it now

as then. She could not concede to the United States, who held the Spanish

title, claims which she had felt herself obliged to resist when advanced

by Spain, and on her resistance to which the credit of Great Britain had

been thought to depend.

"Nor could Great Britain at all admit, the plenipotentiaries said, the

claim of the United States, as founded on their own first discovery. It

had been objectionable with her in the negotiation of 1818, and had not

been admitted since. Her surrender to the United States of the post at

Columbia River after the late war, was in fulfilment of the provisions of

the first article of the Treaty of Ghent, without affecting questions of

right on either side. Britain did not admit the validity of the discovery

by Captain Gray. He had only been on an enterprise of his own, as an

individual, and the British government was yet to be informed under what

principles or usage, among the nations of Europe, his having first

entered or discovered the mouth of the River Columbia, admitting this to

have been the fact, was to carry after it such a portion of the interior

country as was alleged. Great Britain entered her dissent to such a claim;

and least of all did she admit that the circumstance of a merchant vessel

of the United States having penetrated the coast of that continent at

Columbia River, was to be taken to extend a claim in favour of the United

States along the same coast, both above and below that river, over

latitudes that had been previously discovered and explored by Great

Britain herself, in expeditions fitted out under the authority and with

the resources of the nation. This had been done by Captain Cook, to speak

of no others, whose voyage was at least prior to that of Captain Gray. On

the coast only a few degrees south of the Columbia, Britain had made

purchases of territory from the natives before the United States were an

independent power; and upon that river itself or upon rivers that flowed

into it, west of the Rocky Mountains, her subjects had formed settlements

coeval with, if not prior to, the settlement by American citizens at its

mouth."

Such was the tenor of the opening of the negotiations. Mr. Rush, in

resuming the subject, stated that it "was unknown to his government that

Great Britain had ever even advanced any claim to territory on the

north-west coast of America, by the right of occupation, before the Nootka

Sound controversy. It was clear, that by the Treaty of Paris, of 1763, her

territorial claims to America were bounded westward by the Mississippi.

The claim of the United States, under the _discovery_ by Captain Gray, was

therefore, at all events, sufficient to over-reach, in point of time, any

that Great Britain could allege along that coast, on the ground of _prior

occupation or settlement_. As to any alleged settlements by her subjects

on the Columbia, or on rivers falling into it, earlier, or as early, as

the one formed by American citizens at Astoria, I knew not of them, and

was not prepared to admit the fact. As to the discovery itself of Capt.

Gray, it was not for a moment to be drawn into question. It was a fact

before the whole world. The very geographers of Great Britain had adopted

the name which he had given to this river."

Having alluded to the fact of Vancouver having found Captain Gray there,

Mr. Rush proceeded to meet the objection that the discovery of the

Columbia River was not made by a national ship, or under national

authority. "The United States," he said, "could admit of no such

distinction; could never surrender, under it or upon any ground, their

claim to this discovery. The ship of Captain Gray, whether fitted out by

the government of the United States, or not, was a _national ship_. If she

was not so in a technical sense of the word, she was in the full sense of

it, _applicable to such an occasion_. She bore at her stern the flag of

the nation, sailed forth under the protection of the nation, and was to be

identified with the rights of the nation."

"The extent of this interior country attaching to this discovery was

founded," Mr. Rush contended, "upon a principle at once reasonable and

moderate: reasonable, because, as discovery was not to be limited to the

local spot of a first landing-place, there must be a rule both for

enlarging and circumscribing its range; and none more proper than that of

taking the water-courses which nature has laid down, both as the fair

limits of the country, and as indispensable to its use and value;

moderate, because the nations of Europe had often, under their rights of

discovery, carried their claims much farther. Here I instanced, as

sufficient for my purpose, and pertinent to it, the terms in which many of

the royal charters and letters patent had been granted, by the Crown of

England, to individuals proceeding to the _discovery_ or _settlement_ of

new countries on the American continent. Amongst others, those from

Elizabeth in 1578, to Sir Humphery Gilbert, and in 1584, to Sir Walter

Raleigh: those from James I. to Sir Thomas Yates, in 1606 and 1607, and

the Georgia charter of 1732. By the words of the last, a grant is passed

to all territories along the sea-coast, from the River Savannah to the

most southern stream 'of another great river, called the Alatamaha, and

westward from the heads of the said rivers in a direct line to the South

Seas.' To show that Britain was not the only European nation, who, in her

territorial claims on this continent, had had an eye to the rule of

assuming water-courses to be the fittest boundaries, I also cited the

charter of Louis XIV. to Crozat, by which 'all the country drained by the

waters emptying directly or indirectly into the Mississippi,' is declared

to be comprehended under the name, and within the limits of Louisiana."

In respect to the title derived by the United States from Spain, Mr. Rush

contended that, "if Great Britain had put forth no claims on the

north-west coast, founded _on prior occupation_, still less could she ever

have established any, at any period, founded _on prior discovery_. The

superior title of Spain on this ground, as well as others, was indeed

capable of demonstration." _Russia had acknowledged it in 1790_, as the

State Papers of the Nootka Sound controversy would show. The memorial of

the Spanish Court to the British minister on that occasion expressly

asserted, that notwithstanding all the attempted encroachments upon the

Spanish coasts of the Pacific Ocean, Spain had preserved her possessions

there entire,--possessions which she had constantly, and before all

Europe, on that and other occasions, declared to extend to as high at

least as the 60th degree of north latitude. The very first article of the

Nootka Sound Convention attested, I said, the superiority of her title;

for whilst by it the nations of Europe generally were allowed to make

settlements on that coast, it was only for the purposes of trade with the

natives, thereby excluding the right of any exclusive or colonial

establishments for other purposes. As to any claim on the part of Britain

under the voyage of Captain Cook, I remarked that this was sufficiently

superseded (passing by every thing else) by the Journal of the Spanish

expedition from San Blas in 1775, kept by Don Antonio Maurelle, for an

account of which I referred the British plenipotentiaries to the work of

Daines Barrington, a British author. In that expedition, consisting of a

frigate and a schooner, fitted out by the Viceroy of Mexico, the

north-west coast was visited in latitude 45, 47, 49, 53, 55, 56, 57, and

58 degrees, not one of which points there was good reason for believing

had ever been explored, or as much as seen, up to that day, by any

navigator of Great Britain. There was, too, I said, the voyage of Juan

Perez, prior to 1775; that of Aguilar, in 1601, who explored that coast in

latitude 45 deg.; that of De Fuca in 1592, who explored it in latitude 48 deg.,

_giving the name_, which _they still bore_, to the straits in that

latitude, without going through a much longer list of other early Spanish

navigators in that sea, whose discoveries were confessedly of a nature to

put out of view those of all other nations. I finished by saying, that in

the opinion of my government, the title to the United States to the whole

of that coast, from latitude 42 deg. to as far north as latitude 60 deg., was

therefore superior to that of Great Britain or any other Power; first,

through the proper claim of the United States by discovery and settlement,

and secondly, as now standing in the place of Spain, and holding in their

hands all her title."

The British plenipotentiaries, in their reply, repeated their animated

denials of the title of the United States, as alleged to have been

acquired by themselves, enlarging and insisting upon their objections to

it, as already stated. Nor were they less decided in their renewed

impeachments of the title of Spain. They said that it was well known to

them what had formerly been the pretensions of Spain to absolute

sovereignty and dominion in the South Seas, and over all the shores of

America which they washed: but that these were pretensions which Britain

had never admitted: on the contrary, had strenuously resisted them. They

referred to the note of the British minister to the Court of Spain, of May

16, 1790, in which Britain had not only asserted a full right to an

uninterrupted commerce and navigation in the Pacific, but also that of

forming, with the consent of the natives, whatever establishments she

thought proper on the north-west coast, in parts not already occupied by

other nations. This had been the doctrine of Great Britain, and from it,

nothing that was due in her estimation to other Powers, now called upon

her in any degree to depart.

As to the alleged prior discoveries of Spain all along that coast, Britain

did not admit them but with great qualification. She could never admit

that the mere fact of Spanish navigators having first seen the coast at

particular points, even where this was capable of being substantiated as

the fact, without any subsequent or efficient acts of sovereignty or

settlement on the part of Spain, was sufficient to exclude all other

nations from that portion of the globe. Besides, they said, even on the

score of prior discovery on that coast, at least as far up as 48 deg. north

latitude, Britain herself had a claim over all other nations. "Here they

referred to Drake's expedition in 1578, who, as they said, explored that

coast on the part of England, from 37 deg. to 48 deg. N., making formal claim to

these limits in the name of Elizabeth, and giving the name of New Albion

to all the country which they comprehended. Was this, they asked, to be

reputed nothing in the comparison of prior discoveries, and did it not

even take in a large part of the very coast now claimed by the United

States, as of prior discovery on their side?"

Mr. Rush in reply contended, "as to Drake, although Fleurieu, in his

introduction to Marchand, did assert that he got as far north as 48 deg., yet

Hakluyt, who wrote about the time that Drake flourished, informs us that

he got no higher than 43 deg., having put back at that point from extremity

of cold. All the later authors or compilers, also, who spoke of his

voyage, however they might differ as to the degree of latitude to which he

went, adopted from Hakluyt this fact, of his having turned back from

intensity of weather. The preponderance of probability, therefore, I

alleged, as well as of authority was, that Drake did not get beyond 43 deg.

along that coast. At all events, it was certain that he had made no

settlements there, and the absence of these would, under the doctrine of

great Britain, as applied by her to Spain, prevent any title whatever

attaching to his supposed discoveries. They were moreover put out of view

by the treaty of 1763, by which Great Britain agreed to consider the

Mississippi as the western boundary upon that continent."

He concluded with re-asserting formally, "the full and exclusive

sovereignty of the United States over the whole of the territory beyond

the Rocky Mountains washed by the Columbia River, in manner and extent as

stated, subject, of course, to whatever existing conventional arrangements

they may have formed in regard to it with other Powers. Their title to

this whole country they considered as not to be shaken. It had often been

proclaimed in the legislative discussions of the nation, and was

afterwards public before the world. Its broad and stable foundations were

laid in the first uncontradicted discovery of that river, both at its

mouth and its source, followed up by an effective settlement, and that

settlement the earliest ever made upon its banks. If a title in the United

States, thus transcendant, needed confirmation, it might be sought in

their now uniting to it the title of Spain. It was not the intention of

the United States, I remarked, to repose upon any of the extreme

pretensions of that Power to speculative dominion in those seas, which

grew up in less enlightened ages, however countenanced in those ages; nor

had I, as their plenipotentiary, sought any aid from such pretensions; but

to the extent of the just claims of Spain, grounded upon her fair

enterprise and resources, at periods when her renown for both filled all

Europe, the United States had succeeded, and upon claims of this character

it had, therefore, become as well their right as their duty to insist."

The British plenipotentiaries, in conclusion, with a view as they said of

laying a foundation of harmony between the two governments, proposed that

the third article of the Convention of 1818 should now terminate. That

"the boundary line between the territories respectively claimed by the

two Powers, westward of the Rocky Mountains, should be drawn due west,

along the 49th parallel of latitude, to the point where it strikes the

north-easternmost branch of the Columbia, and thence down along the middle

of the Columbia to the Pacific Ocean: the navigation of this river to be

for ever free to the subjects or citizens of both nations." They remarked,

"that in submitting it, they considered Great Britain as departing largely

from the full extent of her right, and that, if accepted by the United

States, it would impose upon her the necessity of breaking up four or five

settlements, formed by her subjects within the limits that would become

prohibited, and that they had formed, under the belief of their full

rights as British subjects to settle there. But their government was

willing, they said, to make these surrenders, for so they considered them,

in a spirit of compromise, on points where the two nations stood so

divided."

Mr. Rush, in reply, declared his utter inability to accept such a

proposal, and in return consented, "in compliance with this spirit, and in

order to meet Great Britain on ground that might be deemed middle, to vary

so far the terms of his own proposal, as to shift the southern line as low

as 49 deg. in place of 51 deg." "I desired it," he writes, "to be understood,

that this was the extreme limit to which I was authorised to go; and that,

in being willing to make this change, I, too, considered the United States

as abating their rights, in the hope of being able to put an end to all

conflict of claims between the two nations to the coast and country in

dispute."

The British commissioners declined acceding to this proposal, and as

neither party was disposed to make any modification in their ultimatum,

the negotiation was brought to a close.

The Oregon Territory, Its History and Discovery · 第 14 / 18 章