It has, it is believed, been conclusively proved that the cl

THE OREGON QUESTION.

BY

ALBERT GALLATIN.

NEW YORK:

BARTLETT & WELFORD, 7 ASTOR HOUSE.

1846.

R. CRAIGHEAD, PRINTER, 112 FULTON STREET, NEW YORK.

THE OREGON QUESTION.

NUMBER I.

I had been a pioneer in collecting facts and stating the case. The only

materials within my reach consisted of the accounts of voyages

previously published, (including that of Maurelle, in Barrington's

Miscellanies), of the varied and important information derived from

Humboldt's New Spain, and of the voyage of the Sutil and Mexicano, the

introduction to which contains a brief official account of the Spanish

discoveries. The statement of the case was the best I was able to make

with the materials on hand, and may be found defective in many respects.

Since that time manuscript journals of several of the voyages have been

obtained at Madrid. New facts have thus been added; others have been

better analyzed, and some errors rectified. Arguments which had been

only indicated have been enforced, and new views have been suggested.

The subject, indeed, seems to be exhausted; and it would be difficult to

add anything to the able correspondence between the two Governments

which has been lately published.

Ministers charged with diplomatic discussions are not, however, in those

official papers intended for publication, to be considered as

philosophers calmly investigating the questions, with no other object

but to elicit truth. They are always, to a certain extent, advocates,

who use their best endeavors to urge and even strain the reasons that

may be alleged in favor of the claims set up by their Governments; and

in the same manner to repel, if not to deny, all that may be adduced by

the other party. Such official papers are in fact appeals to public

opinion, and generally published when there remains no hope to conclude

for the present an amicable arrangement.

But, though acting in that respect as advocates, diplomatists are

essentially ministers of peace, whose constant and primary duty is

mutually to devise conciliatory means for the adjustment of conflicting

pretensions, for the continuance of friendly relations, for preventing

war, or for the restoration of peace. It has unfortunately happened that

on this occasion, both Governments have assumed such absolute and

exclusive grounds as to have greatly increased, at least for the

present, the obstacles to an amicable arrangement.

It is morally impossible for the bulk of the people of any country

thoroughly to investigate a subject so complex as that of the respective

claims to the Oregon territory; and, for obvious reasons, it is much

less understood by the great mass of the population in England than in

the United States. Everywhere, when the question is between the country

and a foreign nation, the people at large, impelled by natural and

patriotic feelings, will rally around their Government. For the

consequences that may ensue, those who are entrusted with the direction

of the foreign relations are alone responsible. Whatever may be the

cause, to whomsoever the result may be ascribed, it appears from the

general style of the periodical press, that, with few exceptions, the

people, both in Great Britain and in the United States, are imbued with

the belief that the contested territory belongs exclusively to

themselves, and that any concession which might be made would be a boon

to the other party. Such opinions, if sustained by either Government and

accompanied by corresponding measures, must necessarily lead to

immediate collisions, and probably to war. Yet, a war so calamitous in

itself, so fatal to the general interests of both countries, is almost

universally deprecated, without distinction of parties, by all the

rational men who are not carried away by the warmth of their feelings.

In the present state of excitement, an immediate amicable arrangement

is almost hopeless; time is necessary before the two Governments can be

induced to recede from their extreme pretensions. In the meanwhile,

nothing, as it seems to me, should for the present be done, which might

increase the excitement, aggravate the difficulties, or remove the only

remaining barrier against immediate collision.

The United States claim a right of sovereignty over the whole territory.

The pretensions of the British Government, so far as they have been

heretofore exhibited, though not extending to a claim of absolute

sovereignty over the whole, are yet such as cannot be admitted by the

United States, and, if persisted in, must lead to a similar result.

If the claim of Great Britain be properly analyzed, it will be found

that, although she has incidentally discussed other questions, she in

fact disregards every other claim but that of actual occupancy, and that

she regards as such the establishment of trading factories by her

subjects. She accordingly claims a participation in the navigation of

the river Columbia, and would make that river the boundary between the

two Powers. This utter disregard of the rights of discovery,

particularly of that of the mouth, sources, and course of a river, of

the principle of contiguity, and of every other consideration whatever,

cannot be admitted by the United States. The offer of a detached

defenceless territory, with a single port, and the reciprocal offers of

what are called free ports, cannot be viewed but as derisory. An

amicable arrangement by way of compromise cannot be effected without a

due regard to the claims advanced by both parties, and to the expediency

of the dividing line.[1]

An equitable division must have reference not only to the extent of

territory, but also to the other peculiar advantages attached to each

portion respectively.

From and including Fuca Straits, the country extending northwardly

abounds with convenient sea-ports. From the 42d degree of latitude to

those Straits, there is but one port of any importance, the mouth of the

River Columbia; and this is of difficult and dangerous access, and

cannot admit ships of war of a large size. It is important only as a

port of exports. As one of common resort for supplies, or asylum, in

case of need, for the numberless American vessels engaged in the

fisheries or commerce of the Pacific, it would be almost useless, even

if in the exclusive possession of the United States. It must also be

observed that the navigable channel of the river, from its mouth to

Puget's Island, is, according to Vancouver, close along the northern

shore. Great Britain proposes that the river should be the boundary, and

that the United States should be content with the possession of the port

it offered, in common with herself. It is really unnecessary to dwell on

the consequences of such an arrangement. It is sufficient to say that,

in case of war between the two countries, it would leave the United

States without a single port, and give to Great Britain the indisputable

and exclusive control over those seas and their commerce.

The first and indispensable step towards an amicable arrangement

consists in the investigation, not so much of the superiority of one

claim over the other, as of the question whether there be sufficient

grounds to sustain the exclusive pretensions of either Government.

If the claim of the United States to the whole of the contested

territory can be sustained against Great Britain, or if the pretensions

of this Power can to their full extent be maintained against the United

States, it must be, by either party assuming that the other has no

opposite claim of any kind whatever, that there are no doubtful and

debatable questions pending between the two countries. This, if true and

maintained, must necessarily lead to war, unless one of the two Powers

should yield what it considers as its absolute right. But, if there be

any such debatable questions, the way is still open for negotiations;

and both powers may recede from their extreme pretensions, without any

abandonment of positive rights, without disgrace, without impairing

national honor and dignity.

It has been asserted that the title of the United States to the whole

Oregon territory was maintained by irrefragable facts and arguments.

These must be sought for in the correspondence lately published. They

consist--first, of the assertion of the ancient claim of Spain to the

absolute sovereignty over the whole north-west coast of America as far

north as the 61st degree of north latitude. Secondly, of the cumulated

proofs which sustain the claims of the United States to the various

portions of the territory (whether in their own right, or as derived

from the acquisition of Louisiana and the Spanish discoveries), and of

the refutation of the arguments adduced by the other party. The first

mentioned position would, if it could be sustained, be sufficient to

prove, and is, as I think, the only one that could prove, the absolute

and complete right of the United States to the whole contested

territory.

It is undoubtedly true that "Spain considered the northwest coast of

America as exclusively her own;" that this claim "had been asserted by

her, and maintained with the most vigilant jealousy, ever since the

discovery of the American continent, or nearly three centuries, as far

north as her settlements or missions extended." There were two ways of

examining the soundness of that claim; an investigation of the

principles on which it was founded, and an appeal to precedents. The

Secretary of State has abstained from discussing the principle; but he

has said that the claim of Spain to sovereignty "had never been

seriously questioned by any European nation: that it had been acquiesced

in by all European Governments." This appears to me the most vulnerable

part of his arguments.

The early charters of the British monarchs to the colonies bordering on

the Atlantic, extended from sea to sea, from the Atlantic to the Pacific

ocean, with the single exception which excluded from the grants the

places actually occupied by the subjects of any Christian nation. The

right of prior occupancy was recognized; but the general claim of Spain

to the sovereignty of the whole coast bordering on the Pacific was

utterly disregarded. Had that claim been considered as unquestionable,

had it been acquiesced in, it never could have been supposed that, in

any case whatever, England could have a right to bestow on her subjects

a single foot of land bordering on the Pacific.

Coming down to modern times, the only nations which have set up any

claims or attempted any settlements on the Pacific, north of the

country actually occupied by the Spaniards, are Russia, Great Britain,

and the United States. All three have asserted claims to the

northwestern coasts of America, irreconcilable with the universal

sovereignty claimed by Spain: Russia and England, from the time when

their flags first floated along the coast and their subjects landed on

its shores; the United States from a similar date, or at least from the

time when they acquired Louisiana.

If the right of Spain was absolute and exclusive to the whole, there was

no reason why it should not have extended beyond the 61st degree of

latitude. The right of Russia was founded only on her discoveries and

the establishment of some trading factories. She respected the right of

Spain only as far as it did not interfere with her own claim. She has,

in fact, extended this more than six degrees further south; and to this

the United States, who had acquired all the rights of Spain, have

assented by a solemn treaty. Whatever might be the boundary acquiesced

in by Spain, it was not Russia which recognized the claim of Spain; it

was Spain which recognized that her claim was not unlimited. And, let it

be also observed, that, since Spain still claimed as far north as the

61st degree of north latitude (the southern limit of the Russian

factories when first visited by Spanish navigators), the United States,

if they believed the Spanish right absolute and exclusive, ought not to

have ceded to Russia a country extending more than six degrees of

latitude along the shores of the Pacific.

Great Britain contested the exclusive claim of Spain from the year 1778,

the date of Cook's third voyage; and he was the first British navigator

that had for more than two centuries appeared on those coasts. This

doctrine she has maintained ever since. She did not resist the exclusive

claim of Spain by virtue of the Nootka convention, but prior to it. It

was on that ground that she imperiously demanded indemnity and

restoration for the property and factory of one of her subjects, which

had been forcibly taken by the Spanish Government. She even threatened

war; and the Nootka convention was the result of those transactions.

Whatever construction may at this time be given to that instrument, it

is certain at least that Spain by it conceded a portion of the absolute

and sovereign right she had till then asserted; that she yielded the

right of trade with the natives on all that part of the coast lying

north of her actual settlements; and that, by suffering the ultimate

right of sovereignty to remain in abeyance, she made that pretension

questionable which she had contended could not be called in question.

With respect to the United States, without recurring to former

negotiations which were not attended with any result, it is sufficient

to advert to the convention between them and Great Britain of the year

1818, concluded prior to the date of the treaty by which they acquired

the claims of Spain to the territory north of the 42d degree of north

latitude.

The United States at that time distinctly claimed, in their own right

and independent of the Spanish claims, that the boundary along the 49th

parallel, which had been agreed on as that between them and Great

Britain, from the Lake of the Woods to the Stony Mountains, should be

extended to the Pacific. To this division of territory Great Britain

would not accede; and the provision for a joint occupancy during the

next ensuing years was substituted. A clause was inserted that the

agreement should not be taken to affect the claims of any other Power or

State to any part of the country west of the Stony Mountains. This

provision clearly referred to the claims of Russia and Spain. The

northern and southern boundaries of the country, which the two

contracting parties might claim, were left undefined: Great Britain

probably thought herself bound by the Nootka convention to respect the

Spanish claims to the extent provided by that instrument: the United

States could not but recognize those derived from discovery, with which

they were at that time but imperfectly acquainted, since their own

claims were in a great degree derived from a similar source. But the

convention decisively proves that the United States did not acquiesce in

the antiquated claim of Spain to the absolute and exclusive sovereignty

of the whole country; since, if they had recognized that prior claim to

the whole, they could have had none whatever to any portion of it.

It is therefore undeniable that the assertion of the Spanish claim of

absolute sovereignty cannot be sustained by a presumed acquiescence on

the part of the only nations which now claim the country. It may

perhaps be said that their opposition came too late, and that they

neglected too long to protest against the Spanish pretension on the

Pacific. No stress will be laid on Drake's voyage, which had a warlike

character. But the British charters to their colonies show that those

pretensions were disregarded at a very early date. There was no occasion

for opposition or direct denial, with respect to the Pacific, until the

attention of other nations was directed towards that remote country.

This was neglected because all the commercial nations were, in their

attempts to colonize, or to conquer the foreign and till then unexplored

regions, attracted by countries far more accessible, and were

exclusively engaged in pursuits much more important. The East Indies and

the West India Islands offered a vast and lucrative field for commercial

enterprise and territorial acquisition. With respect to the continent of

America, France, England, and Holland most naturally planted their

colonies on the nearest opposite shores of the Atlantic; and they did it

in opposition to the pretended claim of Spain, which extended to the

whole of America. Although strenuously engaged in extending those

colonies westwardly, these, in the year 1754, twenty years only before

Cook's third voyage, hardly extended beyond the Mississippi. What

immediate interest could then have impelled either France or England to

enter a formal protest against the antiquated claim of Spain to a

country with which they had never attempted even to trade? And what

opportunity had occurred for doing it prior to Cook's voyage?

But, what is still more conclusive, the country in question was equally

neglected by Spain herself. Some exploring voyages, few of which are

authentic, were indeed made by Spanish navigators; and the claims which

may be derived from their discoveries have now been transferred to the

United States, so far as discovery alone can give a claim, and no

further. But, during more than two centuries that Spain had no

competitor on the Pacific, there was on her part no occupancy, no

settlement, or attempt to make a settlement. She had some missions on

the western coast of the peninsula of California: but her missions or

settlements in Northern or New California are of quite recent date; that

of the most southern (San Diego) in 1769, and that of the most northern

(San Francisco) in 1776, two years only before Cook's arrival at Nootka

Sound.

In point of fact, the contested territory had been utterly neglected by

Spain. All the energies, such as they were, of her Mexican colonies were

much more advantageously applied to the improvement of the vast and rich

countries which they had conquered, principally to the discovery and

working of the richest and most productive mines of the precious metals

as yet known.

Anson's expedition was purely military, and confined to southern

latitudes. But the narrative drew the public attention towards the

Pacific ocean, and gave a new impulse to the spirit of discovery. Almost

immediately after the peace of 1763 voyages were undertaken for that

purpose by the Governments of England and France: the Pacific was

explored: the Russians on the other hand had, more than thirty years

before, ascertained the continuity of the American continent from

Behring's Straits to Mount St. Elias. It was then, and not till then,

that Spain, or rather the Mexican Government, awakening from its long

lethargy, extended its missions to New California. In the year 1774,

Perez, with his pilot, Martinez, sailed as far north as the northern

extremity of Queen Charlotte's Island, having anchored in Nootka Sound,

and, as Martinez asserts, perceived the entrance of Fuca's Straits. New

and important discoveries were made by Quadra and Heceta in the year

1775. The sequel is well known.

But on what foundation did the claim of Spain rest? If she had indeed an

absolute right to the whole country bordering on the Pacific, derived

either from natural or international law, or from usages generally

recognized, it matters but little, as respects right, whether other

nations had acquiesced in, or opposed her claim. If there was no

foundation for that absolute and exclusive right of sovereignty, Spain

could transfer nothing more to the United States than the legitimate

claims derived from her discoveries.

The discovery gives an incipient claim not only to the identical spot

thus discovered, but to a certain distance beyond it. It has been

admitted that the claim extends generally, though not universally, as

far inland as the sources of rivers emptying into the sea where the

discovery has been made. The distance to which the right or claim

extends along the sea shore may not be precisely defined, and may vary

according to circumstances. But it never can be unlimited; it has never

been recognized beyond a reasonable extent. Spain was the first European

nation which discovered and occupied Florida. A claim on that account to

the absolute sovereignty over the whole of the Atlantic shores as far as

Hudson's Bay, or the 60th degree of latitude, would strike every one as

utterly absurd. A claim on the part of Spain to the sovereignty of all

the shores of the Pacific, derived from her having established missions

in California, would be similar in its nature and extent, and equally

inadmissible. It cannot be sustained as a natural right, nor by the

principles of international law, nor by any general usage or precedent.

The claim of Spain rested on no such grounds.

It was derived from the bull of Pope Alexander VI., which the Spanish

monarchs obtained in the year 1493, immediately after the discovery of

America by Columbus. By virtue of that bull, combined with another

previously granted to Portugal, and with modifications respecting the

division line between the two Powers, the Pope granted to them the

exclusive sovereignty over all the discoveries made or to be made in all

the heathen portions of the globe, including, it must be recollected,

all the countries in America bordering on the Atlantic, as well as those

on the Pacific ocean. Yet, even at that time, the Catholic Kings of

England, and France did not recognize the authority of the Pope on such

subjects; as evidently appears by the voyages of Cabot under the orders

of Henry VII. of England, and of Cartier under those of the King of

France, Francis I. Subsequently, the colonies planted by both countries,

from Florida to Hudson's Bay, were a practical and continued protest and

denial of the Spanish claim of absolute sovereignty over the whole of

America: whilst the acquiescence of Spain was tantamount to an

abandonment of that claim where it was resisted. Ridiculous as a right

derived from such a source may appear at this time, it was not then thus

considered by Spain; and the western boundary of Brazil is to this day

regulated by the division line prescribed by the Pope.

I am not aware of any other principle by which the claim ever was or

can be sustained, unless it be the idle ceremony of taking possession,

as it is called. The celebrated Spaniard who first discovered the

Pacific ocean, "Balboa, advancing up to the middle in the waves, with

his buckler and sword, took possession of that ocean in the name of the

King his master, and vowed to defend it, with his arms, against all his

enemies."--(_Robertson._)

I have dwelt longer on this subject than it may seem to deserve. The

assertion of the solidity of this ancient exclusive Spanish claim has

had an apparent effect on public opinion fatal to the prospect of an

amicable arrangement. I am also fully satisfied that the resort to

vulnerable arguments, instead of strengthening, has a tendency to lessen

the weight of the multiplied proofs, by which the superiority of the

American over the British claim has been so fully established.

FOOTNOTE:

[1] I allude here only to the compromise proposed by Great Britain. Her

actual claim, as explicitly stated by herself, is to the whole

territory, limited to a right of joint occupancy, in common with other

States, leaving the right of exclusive dominion in abeyance.

NUMBER II.

It has, it is believed, been conclusively proved that the claim of the

United States to absolute sovereignty over the whole Oregon territory,

in virtue of the ancient exclusive Spanish claim, is wholly unfounded.

The next question is, whether the other facts and arguments adduced by

either party establish a complete and absolute title of either to the

whole; for the United States claim it explicitly; and, although the

British proposal of compromise did yield a part, yet her qualified claim

extends to the whole. It has been stated by herself in the following

words: "Great Britain claims no exclusive sovereignty over any portion

of that territory. Her present claim, not in respect to any part, but to

the whole, is limited to a right of joint occupancy, in common with

other States, leaving the right of exclusive dominion in abeyance." And,

again: "The qualified rights which Great Britain now possesses over the

whole of the territory in question, embrace the right to navigate the

waters of those countries, the right to settle in and over any part of

them, and the right freely to trade with the inhabitants and occupiers

of the same. * * * * * * It is fully admitted that the United States

possess the same rights; but beyond they possess none."

In the nature of things, it seems almost impossible that a complete and

absolute right to any portion of America can exist, unless it be by

prescriptive and undisputed _actual_ possession and settlements, or by

virtue of a treaty.

At the time when America was discovered, the law of nations was

altogether unsettled. More than a century elapsed before Grotius

attempted to lay its foundation on Natural Law and the moral precepts of

Christianity; and, when sustaining it by precedents, he was compelled to

recur to Rome and Greece. It was in reality a new case, to which no

ancient precedents could apply,[2] for which some new rules must be

adopted. Gradually, some general principles were admitted, never

universally, in their nature vague and often conflicting. For instance,

discovery varies, from the simple ascertaining of the continuity of

land, to a minute exploration of its various harbors, rivers, &c.; and

the rights derived from it may vary accordingly, and may occasionally be

claimed to the same district by different nations. There is no precise

rule for regulating the time after which the neglect to occupy would

nullify the right of prior discovery; nor for defining the extent of

coast beyond the spot discovered to which the discoverer may be

entitled, or how far inland his claim extends. The principle most

generally admitted was, that, in case of a river, the right extended to

the whole country drained by that river and its tributaries. Even this

was not universally conceded. This right might be affected by a

simultaneous or prior discovery and occupancy of some of the sources of

such river by another party; or it might conflict with a general claim

of contiguity. This last claim, when extending beyond the sources of

rivers discovered and occupied, is vague and undefined: though it would

seem that it cannot exceed in breadth that of the territory on the coast

originally discovered and occupied. A few examples will show the

uncertainty resulting from those various claims, when they conflicted

with each other.

The old British charters extending from sea to sea have already been

mentioned. They were founded, beyond the sources of the rivers emptying

into the Atlantic, on no other principle than that of contiguity or

continuity. The grant in 1621 of Nova Scotia, by James the First, is

bounded on the north by the river St. Lawrence, though Cartier had more

than eighty-five years before discovered the mouth of that river and

ascended it as high up as the present site of Montreal, and the French

under Champlain had several years before 1621 been settled at Quebec.

But there is another case more important, and still more in point.

The few survivors of the disastrous expedition of Narvaez, who, coming

from Florida, did in a most extraordinary way reach Culiacan on the

Pacific, were the first Europeans who crossed the Mississippi. Some

years later, Ferdinand de Soto, coming also from Florida, did in the

year 1541 reach and cross the Mississippi, at some place between the

mouth of the Ohio and that of the Arkansas. He explored a portion of the

river and of the adjacent country; and, after his death, Moscoso, who

succeeded him in command, did, in the year 1543, build seven brigantines

or barques, in which, with the residue of his followers, he descended

the Mississippi, the mouth of which he reached in seventeen days. Thence

putting to sea with his frail vessels, he was fortunate enough to reach

the Spanish port of Panuco, on the Mexican coast. The right of discovery

clearly belonged to Spain; but she had neglected for near one hundred

and fifty years to make any settlement on the great river or any of its

tributaries. The French, coming from Canada, reached the Mississippi in

the year 1680, and ascended it as high up as St. Anthony's Falls; and La

Salle descended it in 1682 to its mouth. The French Government did, in

virtue of that second discovery, claim the country, subsequently founded

New Orleans, and formed several other settlements in the interior, on

the Mississippi or its waters. Spain almost immediately occupied

Pensacola and Nacogdoches, in order to check the progress of the French

eastwardly and westwardly; but she did not attempt to disturb them in

their settlements on the Mississippi and its tributaries. We have here

the proof of a prior right of discovery being superseded, when too long

neglected, by that of actual occupancy and settlement.

The French, by virtue of having thus discovered the mouth of the

Mississippi, of having ascended it more than fifteen hundred miles, of

having explored the Ohio, the Wabash, and the Illinois, from their

respective mouths to their most remote sources, and of having formed

several settlements as above mentioned, laid claim to the whole country

drained by the main river and its tributaries. They accordingly built

forts at Le Boeuf, high up the Alleghany river, and on the site where

Pittsburgh now stands. On the ground of discovery or settlement, Great

Britain had not the slightest claim. General, then Colonel Washington,

was the first who, at the age of twenty-two, and in the year 1754,

planted the British banner on the Western waters. The British claim was

founded principally on the ground of contiguity, enforced by other

considerations. The strongest of these was, that it could not consist

with natural law, that the British colonies, with a population of near

two millions, should be confined to the narrow belt of land between the

Atlantic and the Alleghany Mountains, and that the right derived from

the discovery of the main river should be carried to such an extent as

to allow the French colonies, with a population of fifty thousand,

rightfully to claim the whole valley of the Mississippi. The contest was

decided by the sword. By the treaty of peace of 1763, the Mississippi,

with the exception of New Orleans and its immediate vicinity, was made

the boundary. The French not only lost all that part of the valley which

lay east of that river, but they were compelled to cede Canada to Great

Britain.

It may, however, happen that all the various claims from which a title

may be derived, instead of pertaining to several Powers, and giving rise

to conflicting pretensions, are united and rightfully belong to one

nation alone. This union, if entire, may justly be considered as giving

a complete and exclusive title to the sovereignty of that part of the

country embraced by such united claims.

The position assumed by the British Government, that those various

claims exclude each other, and that the assertion of one forbids an

appeal to the others, is obviously untenable. All that can be said in

that respect is, that if any one claim is alone sufficient to establish

a complete and indisputable title, an appeal to others is superfluous.

Thus far, and no farther, can the objection be maintained. The argument

on the part of the United States in reality was, that the Government

considered the title derived from the ancient exclusive Spanish claim as

indisputable; but that, if this was denied, all the other just claims of

the United States taken together constituted a complete title, or at

least far superior to any that could be adduced on the part of Great

Britain.

It is not intended to enter into the merits of the question, which has

been completely discussed, since the object of this paper is only to

show that there remain on both sides certain debatable questions; and

that therefore both Governments may, if so disposed, recede from some

of their pretensions, without any abandonment of positive rights, and

without impairing national honor and dignity.

Although Great Britain seems, in this discussion, to have relied almost

exclusively on the right derived from actual occupancy and settlement,

she cannot reject absolutely those derived from other sources. She must

admit that, both in theory and practice, the claims derived from prior

discovery, from contiguity, from the principle which gives to the first

discoverer of the mouth of a river and of its course a claim to the

whole country drained by such river, have all been recognized to a

certain, though not well-defined extent, by all the European nations

claiming various portions of America. And she cannot deny the facts,

that (as Mr. Greenhow justly concludes) the seashore had been generally

examined from the 42d, and minutely from the 45th to the 48th degree of

latitude, Nootka Sound discovered, and the general direction of the

coast from the 48th to the 58th degree of latitude ascertained, by the

Spanish expeditions, in the years 1774 and 1775, of Perez, Heceta, and

Bodego y Quadra; that the American Captain Gray was the first who, in

1792, entered into and ascertained the existence of the River Columbia,

and the place where it empties into the sea; that, prior to that

discovery, the Spaniard Heceta was the first who had been within the

bay, called Deception Bay by Meares, into which the river does empty;

that, of the four navigators who had been in that bay prior to Gray's

final discovery, the Spaniard Heceta and the American Gray were the only

ones who had asserted that a great river emptied itself into that bay,

Heceta having even given a name to the river (St. Roc), and the entrance

having been designated by his own name (Ensennada de Heceta), whilst the

two English navigators, Meares and Vancouver, had both concluded that no

large river had its mouth there; that, in the year 1805, Lewis and

Clarke were the first who descended the river Columbia, from one of its

principal western sources to its mouth; that the first actual occupancy

in that quarter was by Mr. Astor's company, on the 24th of March, 1811,

though Mr. Thompson, the astronomer of the British Northwest Company,

who arrived at Astoria on the 15th of July, may have wintered on or near

some northern source of the river in 52 degrees north latitude; that

amongst the factories established by that American company one was

situated at the confluence of the Okanagan with the Columbia, in about

49 degrees of latitude; that the 42d degree is the boundary, west of the

Stony Mountains, established by treaty between Spain, now Mexico, and

the United States; that the 49th degree is likewise the boundary, from

the Lake of the Woods to the Stony Mountains, established by treaty

between Great Britain and the United States; and that therefore the

right of the United States, which may be derived from the principle of

contiguity or continuity, embraces the territory west of the Stony

Mountains contained between the 42d and 49th degrees of latitude.

Omitting other considerations which apply principally to the territory

north of Fuca Straits, where the claims of both parties are almost

exclusively derived from their respective discoveries, including those

of Spain, it may be rationally inferred from the preceding enumeration

that there remain various questions which must be considered by Great

Britain as being still doubtful and debatable, and that she may

therefore, without any abandonment of positive rights, recede from the

extreme pretensions which she has advanced in the discussion respecting

a division of the territory. But, although conjectures may be formed,

and the course pursued by the Government of the United States may have

an influence on that which Great Britain will adopt, it does not belong

to me to discuss what that Government may or will do. This paper is

intended for the American, and not for the English public; and my

attention has been principally directed to those points which may be

considered by the United States as doubtful and debatable.

It was expressly stipulated that nothing contained in the conventions of

1818 and 1827 should be construed to impair, _or in any manner affect_,

the claims which either of the contracting parties may have to any part

of the country westward of the Stony or Rocky Mountains. After the most

cool and impartial investigation of which I am capable, I have not been

able to perceive any claim on the part of Great Britain, or debatable

question, respecting the territory south of Fuca's Straits, but the

species of occupancy by the British Fur companies between the year 1813

and October 20th, 1818; and this must be considered in connection with

the restoration of "all territory, places, and possessions whatsoever,

taken by either party from the other during the war," provided for by

the treaty of Ghent. To this branch of the subject belongs also the

question whether the establishment of trading factories with Indians may

eventually give a right to sovereignty. My opinion was expressed in the

American counter-statement of the case, dated 19th December, 1826: "It

is believed that mere factories, established solely for the purpose of

trafficking with the natives, and without any view to cultivation and

permanent settlement, cannot, of themselves, and unsupported by any

other consideration, give any better title to dominion and absolute

sovereignty than similar establishments made in a civilized country."

However true this may be as an abstract proposition, it must be admitted

that, practically, the modest British factory at Calcutta has gradually

grown up into absolute and undisputed sovereignty over a population of

eighty millions of people.

The questions which, as it appears to me, may be allowed by the United

States to be debatable, and therefore to make it questionable whether

they have a complete right to the whole Oregon territory, are:

1st. The Nootka convention, which applies to the whole, and which,

though not of primary importance, is nevertheless a fact, and the

inferences drawn from it a matter of argument.

2dly. The discovery of the Straits of Fuca.

3dly. North of those straits; along the sea shores, the discoveries of

the British contrasted with those of the American and Spanish

navigators; in the interior, the question whether the discovery of the

mouth and the navigation of one of its principal branches, from its

source to the mouth of the river, implies without exception a complete

right to the whole country drained by all the tributaries of such river;

and also the British claim to the whole territory drained by Frazer's

river--its sources having been discovered in 1792 by Sir Alexander

Mackenzie, factories having been established upon it by the British as

early as the year 1806, and the whole river thence to its mouth having

been for a number of years exclusively navigated by British subjects.

It appears to me sufficient generally to suggest the controverted

points. That which relates to Fuca's Straits is the most important, and

deserves particular consideration.

If Fuca's voyage in 1592 could be proved to be an authentic document,

this would settle at once the question in favor of the United States;

but the voyage was denied in the introduction to the voyage of the Sutil

and Mexicano. This was an official document, published under the

auspices of the Spanish Government, and intended to vindicate Spain

against the charges, that she had contributed nothing to the advancement

of geography in those quarters. This negative evidence was confirmed by

Humboldt, who says that no trace of such voyage can be found in the

archives of Mexico. Unwilling to adduce any doubtful fact, I abstained

from alluding to it in the statement of the American case in 1826. Later

researches show that, although recorded evidences remain of the voyages

of Gali from Macao to Acapulco in 1584, of the Santa Anna (on board of

which was, as he says, Fuca himself) from Manilla to the coast of

California, where she was captured in 1587 by Cavendish, and of Vizcaino

in 1602-1603, and even of Maldonado's fictitious voyage in 1588, yet no

trace has been found in Spain or Mexico of Fuca's, or any other similar

voyage, in 1692, or thereabout.

On reading with attention the brief account published by Purchas, I will

say that the voyage itself has much internal evidence of its truth, but

that the inference or conclusion throws much discredit on the whole. The

only known account of the voyage is that given verbally at Venice in

1596, by Fuca, a Greek pilot, to Mr. Lock, a respectable English

merchant, who transmitted it to Purchas.

Fuca says that he had been sent by the Viceroy of Mexico to discover the

straits of Anian and the passage thereof into the sea, which they called

the North Sea, which is _our Northwest Sea_; that between 47 and 48

degrees of latitude he entered into a broad inlet, through which he

sailed more than twenty days; and, being then come into the North Sea

already, and not being sufficiently armed, he returned again to

Acapulco. He offered then to Mr. Lock to go into England and serve her

Majesty in a voyage for the discovery perfectly of the Northwest passage

into the South Sea. If it be granted that the inlet through which he

had sailed was really the same as the straits which now bear his name,

that sea into which he emerged, and which he asserts to be _our

Northwest Sea_, must have been that which is now called Queen

Charlotte's Sound, north of Quadra and Vancouver's Island, in about 51

degrees of latitude. _Our Northwest Sea_ was that which washes the

shores of Newfoundland and Labrador, then universally known as far north

as the vicinity of the 60th degree of latitude. Hudson's Straits had not

yet been discovered, and the discovery of Davis's Straits might not be

known to Fuca. But no navigator at that time, who, like he, had sailed

across both the Atlantic and the Pacific oceans, could be ignorant that

the northern extremity of Newfoundland, which lies nearly in the same

latitude as the northern entrance of Fuca's Straits, is situated sixty

or seventy degrees of longitude east of that entrance. The only way to

reconcile the account with itself is, to suppose that Fuca believed that

the continent of America did not, on the side of the Atlantic, extend

further north than about the 60th degree, and was bounded northwardly by

an open sea, which extended as far west as the northern extremity of the

inlet through which he had sailed. It is true nevertheless that, between

the years 1774 and 1792, there was a prevailing opinion amongst the

navigators that Fuca had actually discovered an inlet leading towards

the Atlantic. Prior to the year 1787 they were engaged in seeking for

it, and the Spaniards had for that purpose explored in vain the sea

coast lying south of the 48th degree; for it is well known that Fuca's

entrance lies between the 48th and 49th, and not between the 47th and

48th degrees of latitude, as he had announced.

The modern discovery of that inlet is due to Captain Barclay, an

Englishman, commanding the Imperial Eagle, a vessel owned by British

merchants, but which was equipped at, and took its departure from

Ostend, and which sailed under the flag of the Austrian East India

Company. The British Government, which has objected to the American

claim derived from Captain Gray's discovery of the mouth of the river

Columbia, on the ground that he was a private individual, and that his

vessel was not a public ship, cannot certainly claim anything in virtue

of a discovery by a private Englishman, sailing under Austrian colors.

In that case, and rejecting Fuca's voyage, neither the United States nor

England can lay any claim on account of the discovery of the straits.

Subsequently, the Englishman, Meares, sailing under the Portuguese flag,

penetrated, in 1768, about ten miles into the inlet, and the American,

Gray, in 1789, about fifty miles. The pretended voyage of the sloop

Washington throughout the straits, under the command of either Gray or

Kendrick, has no other foundation than an assertion of Meares, on which

no reliance can be placed.

In the year 1790 (1791 according to Vancouver) the Spaniards, Elisa and

Quimper, explored the straits more than one hundred miles, discovering

the Port Discovery, the entrance of Admiralty Inlet, the Deception

Passage, and the Canal de Haro. In 1792 Vancouver explored and surveyed

the straits throughout, together with their various bays and harbors.

Even there he had been preceded in part by the Sutil and Mexicano; and

he expresses his regret that they had advanced before him as far as the

Canal del Rosario.

Under all the circumstances of the case, it cannot be doubted that the

United States must admit that the discovery of the straits, and the

various inferences which may be drawn from it, are doubtful and

debatable questions.

That which relates to a presumed agreement of Commissioners appointed

under the treaty of Utrecht, by which the northern boundary of Canada

was, from a certain point north of Lake Superior, declared to extend

westwardly along the 49th parallel of latitude, does not appear to me

definitively settled. As this had been assumed many years before, as a

positive fact, and had never been contradicted, I also assumed it as

such and did not thoroughly investigate the subject. Yet I had before me

at least one map (name of publisher not recollected), of which I have a

vivid recollection, on which the dividing lines were distinctly marked

and expressly designated, as being in conformity with the agreement of

the Commissioners under the treaty of Utrecht. The evidence against the

fact, though in some respects strong, is purely negative. The line,

according to the map, extended from a certain point near the source of

the river Saguenay, in a westerly direction, to another designated

point on another river emptying either into the St Lawrence or James's

Bay; and there were, in that way, four or five lines following each

other, all tending westwardly, but with different inclinations

northwardly or southwardly, and all extending, from some apparently

known point on a designated river, to another similar point on another

river; the rivers themselves emptying themselves, some into the river

St. Lawrence and others into James's Bay or Hudson's Bay, until, from a

certain point lying north of Lake Superior, the line was declared to

extend along the 49th degree of latitude, as above stated. It was with

that map before me that the following paragraph was inserted in the

American statement of December, 1826:

"The limits between the possessions of Great Britain in North

America, and those of France in the same quarter, namely, Canada

and Louisiana, were determined by Commissioners appointed in

pursuance of the treaty of Utrecht. From the coast of Labrador to a

certain point North of Lake Superior, those limits were fixed

according to certain metes and bounds; and from that point the line

of demarcation was agreed to extend indefinitely due west, along

the forty-ninth parallel of north latitude. It was in conformity

with that arrangement that the United States did claim that

parallel as the northern boundary of Louisiana. It has been

accordingly thus settled, as far as the Stony Mountains, by the

convention of 1818 between the United States and Great Britain; and

no adequate reason can be given why the same boundary should not be

continued as far as the claims of the United States do extend, that

is to say, as far as the Pacific ocean."

The Oregon Question · 第 1 / 6 段