Oregon, our right and title. Containing an account of the condition of the Oregon territory, its soil, climate and geographical position; together with a statement of the claims of Russia, Spain, Great Britain and the United States: accompanied with a map, prepared by the author

Preface

. The " Oregon Question," within the last few years, has engrossed much of the public attention; feuds and parties have been blended, and it has been regarded as a question altogether disconnected from politics; as having nothing to do in its results with die constitutional policy and philosophy of our system of Government, but as a matter touching the national good; and, as such, it has been regarded and discussed by all classes and conditions of men. This work has been published with a view to create no unnecessary or undue excitement respecting the maintenance of our rights as a peo ple to this territory , but because of a sincere desire to see it properly appreciated and adjusted, and its history, as far back as it can be traced, read and known everywhere. In the preparation of this work, the author has carefully avoided using any but the plainest language in the expression of his views; he has availed himself freely of the records of Congress in the collection of important facts and statistical data, shun ning all ambiguities and technicalities, and addressing himself to the understandings of the learned as well as the unlearned.

The subject has been discussed with moderation as well as firmness, doing no act to provoke, and sedulously abstaining from even the appearance of disre garding the obligation of treaties. We have endeavored to condense, into as small a space as possible, the grounds, both of fact and of public law, upon which we rest our rights; but, in doing so, we have striven to omit nothing material to the investigation. It may be observed , by those who are conversant with this question , that no attention whatever has been paid to what is commonly called the " French Title " merely because it has been esteemed by the author as unworthy of consideration, in comparison with the claims of other nations who have been for years warmly contending for their rights ; in the appendix, however, as proposed by a committee of Congress, in 1843, which we subjoin, there is a careful deduction of it, which may be read with some pleasure by the more curious.

TABLE OF CONTENTS. Chapter. Page. I .. .Our right and title, together with a statement of British claims - - - - - 5 II... What has been done to maintain our title - - 25 Interesting letter from Mr. Hugh Burnet, Multnomah city, Oregon Territory, October 29, 1841 - - 30 III . . .What is the progress of British pretensions to Oregon - 34 IV... What has the United States done to protect her settlers 63 V...The value and importance of Oregon to the United States ------ 75 Cost of necessaries in Oregon compared with the charges in the States ------ 78 Resolutions of the Oregon Emigrating Society - - 83 Letter from Wallamette, Oregon, dated Nov. 4, 1844 - 86 System of religious teaching in Oregon — its success - 99 VI... Capacities for trade and commerce - - - 101 Difficulties in removing slaves to Oregon - - 111 Contiguity of important markets to Oregon - - 114 Letter from Gen. McCarver, Speaker of the Lower House of Oregon -'.... 115 Rivers of Oregon - - - - - 124 Indians west of the Rocky Mountains — their number - 129 Oregon question in the House of Lords — Mitchell 's map 131 VII...

Shall Oregon be surrendei ed to Great Britain - - 134 Review of Captain Fremont's report - - - 142 Great Salt Lake and Boiling Spring - - - 146 Discovery of Nootka Sound attributed to Captain Cook 154 » Sketch from the "log-book of the Columbia," determining the discovery of the Columbia - - - 1 57 Mr. Jefferson's instructions to Lewis and Clark, during the negotiation of 1803 — their disregard of the instructions ------- 162 The convention of 1790 not annulled by the war of 1804 164 Haceta's account while cruising on the coast of the Pacific ------- 165 Mr. Benton's speech in the Senate, January 12, 1843 - 16S CONTENTS. u Chapter. Page. VII. ..Table of distances from Independence, Missouri, to the intermediate points between that town and Astoria, at the mouth of the Columbia river - - - 173 Table of distances travelled by Captain Fremont in 1843 and 1844 ------ 175 The source from whence Oregon derived its name - 179 VIII...

Review of the late correspondence between the American and British negotiators .... 180 Appendix, containing diplomatic correspondence, treaties, and negotiations between Russia, Spain, Great Britain, and the United States, as contained in the work of Lieutenant Wilkes - - ERRATA. Prom the haste with which the foregoing work has been hurried through the press, to meet the demand of the public, a number of errors have been overlooked, which, in the present edition, can be corrected in no other way than by this final notice. The erroneous dates resulted chiefly from want of sufficient time to refer to the manuscipt in reading the proof-sheets, and the occasional mistakes of expression are chargeable entirely to the haste of composition. For the words, "while she dared not openly deny to Spain the rights of her Pacific discoveries," commencing on the 12th line of the 8th page, read, in flagrant violation of the jaws of humanity, and of the rights of Spain to her Pacific discoveries.

Page 9, 3d line, for " his vessel," read the river. For the date " 1581," occurring twice on the 20th line of the 10th page, read 1592. For the words, "returned to Mexico," on the 27th line of the 10th page, read, sailed again into the Pacific, at its northern oudet, in 1518, and then returned to Mexico. For "1780," on the 7th line of the 13th page, read 1789. For "1775," occurring twice on the line 24th of page 17, read 1795. For "61°" on the 14th line of page 18, read 51°. For the word, "Canada," on the 28th line of the 22d page, read British America." For the "whole territory," on the 7th line of page 23, read, the greater portion of the territory. For the word, "all," on the 5th line of the 24th page, read, most of them. In the first page of Appendix, in the head, for " Lieutenant George Wilkes," read Lieu tenant Charles Willies.

OREGON. CHAP. I. Our Right and Title. The " Oregon Question," in importance, is second to none before the American people. Its bearing upon our agricultural and commercial relations, in view of our vast and growing population, which is extending itself with a rapidity unequalled by that of any nation on earth, renders it necessary that every part of our continent should be peopled, so that the march of improvement may be accelerated, and an impetus given to those engines of power to which a nation looks for its advancement in prosperity. The sovereignty of Oregon has been contested by no less than five of the principal nations of the earth, each of them presenting their claims at different epochs and under different circumstances; it should be considered, therefore, with all that calmness and prudence which is necessary to a subject so interesting and momentous, and which may yet possibly disturb the harmony of at least two large and powerful Governments.

In proportion as a country increases in its manufacturing interests, and in agricultural and commercial strength, scope should be given to the laboring classes in their industrial pursuits, so that every requisite and ingredient may be furnished to a consummation of these ends. All political economists concur in opinion, that labor should be confined as little as possible ; it should be extended every where, so that all may share in its fruits and blessings, and reap a portion of its many OREGON. rewards ; hence the propriety of establishing our own peo ple in those sections of country, where they are furnished with the means and advantages of carrying on their opera tions successfully, and of introducing new designs where they can be exerted most profitably and beneficially. The course recently pursued by the British Parliament, respecting the claims of Great Britain to the territory of Oregon, has excited the surprise of the American people.

It was supposed, in this country, that the subject would never again be introduced in Great Britain, under circum stances so aggravating; that there was a general under standing there, as well as here, under the treaty of 1827, and that the controversy which has so long existed would, in a great measure, yield to compromise and negotiation. But it appears that the leading men of that country have determined to make it a " mooted point," and to settle it by their cunning diplomacy and strong appeals as they see fit; inducing us to believe, (as though we had not all the facts and statistics connected with the subject, from the day of the discovery of Oregon to the present time,) that they have a right to claim it by cession, and that the laws and usages of nations justify and sustain them in the de mand.

The unjust and illiberal assaults of England upon the rights and property of smaller and weaker powers, prove her character at once — her boundless ambition, and her in ordinate desire to extend her territorial dominions through out the habitable globe. She is sleepless in her vigilance, artful and designing in her legislation, and courageous in her threats and declarations. View her history, from its earliest dawn to the present time ; see the long catalogue of abuses that have characterized it throughout all its varied stages, and the conclusion is inevitable, that she has often wantonly and knowingly violated the laws of nations, spurn- OREGON. ing an adherence to principles of rectitude and of mercy, and following the dictates of a cruel, vindictive, and relentless spirit. She is now, without the least pretence or authority whatever, attempting to alarm the American people with fierce threats and empty boasts, stimulating her Premier with flattery and applause, and urging him, as her actor and agent, to affirm in her councils that Oregon is hers by right, and that the title thereof is " clear and unquestionable."

We beg leave to discuss this subject in a becoming man ner; proving, as we mean to do, by an introduction of irre futable facts, and substantial and reliable evidence, that Great Britain, in view of the cession by Spain, and other cessions, has no right or title whatever to this territory; as far as the parallel of 49°; that her claims, in comparison with those of the United States, are nugatory and trifling, " founded upon the sand;" and that her demand is a gross assumption of power, unauthorized by the law of nations, and inconsistent with plain facts which have been published to the world. Four great powers have set forth their claims to this territory — Spain, Russia, Great Britain, and the United States, and at one time France, have each, under different and conflicting circumstances, claimed, if not all, a considerable portion of the Oregon.

The claims of Spain have been finally surrendered to this country; those of Russia have been adjusted by ceding to her the exclusive right of settlement within ten leagues of the sea, in north latitude 54° 40 , and the controversy for what remains is between Great Britain and the United States. It is necessary, in the outset, to define the issue between Great Britain and ourselves. It is not a question of positive, but of relative, right; not whether either party have exclusive control, for the course that has been already pursued clearly proves by each that the other is entitled OREGON. to certain rights, but it is the limit and extent of these rights that is in dispute, and which has given rise to so much investigation in this country and in England. The territory in question is the whole country west of the Rocky Mountains, lying between the latitudes of 42° and 54° 40 north, consequently bounded by the Rocky Mountains on the east, the Pacific ocean on the west, and the northern limits of California, in latitude 42°, on the south, and the southern limits of the Russian possessions in America, in latitude 54° 40', on the north — thus extend ing 750 miles from north to south, and averaging about 500 miles from east to west, including some 360,000 square miles.

The mouth of the Columbia river lies a few miles north of this parallel of latitude; in its course it receives many tributr'-y streams, both from the north and south, and about 300 miles from its mouth is divided into two large branches, one tending towards the northeast, and the other southeast ; the former extending nearly to the base of the Rocky Mountains, and the other quite to its southern boundary; thus draining all the interior of the country, and a considerable portion of that lying nearer the sea. The entrance to the strait of Juan de Fuca is in latitude 49° 30, on the southwestern side of Quadra and Vancou ver's Island. If these facts are kept in mind, frequent re petition may be omitted. We shall discuss this subject, in order that it may be more perfectly and clearly understood, under five separate divisions or heads, viz : 1st. Our Title. 2dly.

What has been done to maintain this title ? 3dly. What is the pro gress of British pretensions to Oregon ? 4thly. What has the United States done to protect her settlers ? 5thly. The value and importance of Oregon. 1st. Our Title. — The claims of the United States are briefly these : Robert Gray, esq., of Boston, Massachusetts, OREGON. in 1792, in the ship Columbia, first discovered the mouth of the great river of Oregon ; he arrived on the morning of the 17th of May, and named his vessel the "Columbia." In 1804 Lewis and Clark, in an expedition approved and re commended by Mr. Jefferson, explored this river, giving its coast and tributaries a careful examination, from its source to the Pacific ocean, and took possession, which no one pre tended at that time to deny, claiming and calling it a part of the United States.

Some time afterwards, in 1810, we think, John Jacob Astor, of the city of New York, sent a colony over by the ship Tonquin, the unfortunate history of which is familiar to all, which arrived at the mouth of the Columbia in March, 1811, and founded several large establishments in the territory. These were the first set tlements that were made, the first step taken to civilize the country, which is a strong ground of our present claim under the law of nations. Previous to this, all subsequent history proves that no civilized man ever inhabited the coast of the country, or that which is contiguous, except a few scattered Indians. In the last war it so happened that these posts, those established by the colony, were taken possession of by the British, but were afterwards fully sur rendered by the treaty of Ghent to the United States, un conditionalhj, and the validity of the title was duly acknowledged by Great Britain in 1814, in the following terms : " That all territory, places, and possessions, whatever, taken by either party from the other during or after the war, except certain islands in the Atlantic, claimed by both, should be restored without delay."

Astoria, under this agreement, was in due form delivered by the British au thorities to Mr. Prevost, appointed by the United States as agent to receive it. The act of delivery is as follows : " In obedience to the commands of his royal highness, the Prince Regent, signified in a despatch from the right OREGON. honorable the Earl of Bathurst, addressed to the partners or agents of the Northwest Company, bearing date the 27th of January, 1818, and in obedience to a subsequent order, dated the 26th of July, from W. H. Sheriff, esq., captain of his Majesty's ship Andromache, we, the undersigned, do, in conformity to the 1st article of the treaty of Ghent, restore to the Government of the United States, through its agent I. B. Prevost, esq., the settlement of Fort George, on the Columbia river.

Given under our hands, in tripli cate, at Fort George, Columbia river, this 6th day of Oc tober, 1818. F. HICKEY, Captain of H. M. ship Blossom. J. KEITH, Of the Northwest Company.'''' Acceptance from Mr. Prevost: " I do hereby acknowledge to have this day received, in behalf of the Government of the United States, the pos session of the settlement designated above, in conformity to the first article of the treaty of Ghent. Given under my hand, in triplicate, at Fort George, Columbia river, this 6th day of October, 1818. I. B. PREVOST, Agent for the United States.'''' It appears from this transfer that Astoria is designated as Fort George, from the fact that it was so called from the time of striking the American and hoisting the British flag, by Captain Black, of the ship Raccoon. This restoration of Astoria, or Fort George, is another powerful rea son in the support of our title, which is founded on priority and contiguity; the former of which rights is established as a plain broad principle by all of the first diplomatists of the world.

In Vattel, p. 99, sec. 207, we find the follow ing language touching this point : OREGON. " All mankind have an equal right to things that have not yet fallen into the possession of any one ; and these things belong to the person who first takes possession of them. When, therefore, a nation finds a country uninhab ited, and without an owner, it may lawfully take possession of it ; and after it has sufficiently made known its will in this respect, it cannot be deprived of it by another nation. Thus, navigators going on voyages of discovery, furnished with a commission from their sovereign, and meeting with islands or other lands in a desert state, have taken possession of them in the name of their nation ; and this title has been usually respected, provided it was soon after follow ed by a real possession."

Again, chap, xviii, book 1, Vattel says: "When a nation takes possession of a country to which no prior owner can lay claim, it is considered as acquiring the empire, or sove reignty of it, at the same time with the domain. For since the nation is free and independent, it can have no intention in settling in a country, to leave to others the right of com merce, or any of those rights that constitute sovereignty. The whole space over which a nation extends its govern ment becomes the seat of its jurisdiction, and is called its territory.'1'' Here we find the language used by Vattel plain and em phatic, and applying directly to the point in issue. This territory, all admit, had " not fallen into the power of any one." No nation had extended its jurisdiction over it ; it was uninhabited, save by savage tribes of Indians ; and the navigators, Lewis and Clark, who made the voyage, were fully empowered by this Government, and were com missioned as its lawful agents ; therefore, according to the principle laid down by Vattel, the American people, being free and independent, they may be considered as having first acquired the empire of this territory, and at the same OREGON. time the domain.

There was an attempt made at London, in 1818, by Messrs. Rush and Gallatin, commissioners on the part of the United States, and Messrs. Golburn and Ro binson, on the part of England to close the negotiation. The parallel of 490 was agreed upon by said commission ers as the boundary line from the Lake of the Woods to the Rocky Mountains. A proposition was afterwards made by Messrs. Rush and Gallatin, to extend the same to the Pacific ocean ; this was positively declined by the Brit ish commissioners, and the negotiation upon this point ended in the following stipulation, which is the 3d article of the convention of 1818 : " It is agreed, that any country that may be claimed by either party on the northwest coast of America, westward of the Stony Mountains, shall, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open for the term of ten years, from the date of the signature of the present convention, to the vessels, citizens, and subjects of the two powers ; it being well understood that this agreement is not to be construed to the prejudice of any claim which either of the two high contracting parties may have to any part of the said country ; the only object of the high contracting parties, in that respect, being to prevent disputes and differences among themselves."

The Florida treaty, between Spain and the United States, was concluded in 1819. The 3d article cedes to the United States all claims and pretensions to any territory upon the western coast of America, north of latitude 42°. By a convention between Russia and the United States, signed at St. Petersburg in 1824, the latitude of 54° 40 was settled as the boundary, controlling the right of making settlements, between the territory claimed by the contracting parties upon the northwest coast of the American continent. The understanding respecting the OREGON. 13 rights of Spain was positive. The country west of the Rocky Mountains, between the parallels of 42° and 54° 40 , were reduced to two, viz : the United States and Great Britain. It seems, however, that prior to the convention with Russia in 1824, there was an attempt made by a number of individuals to settle the claims of the three powers — Great Britain, Russia, and the United States.

A negotiation, after a long dispute and great difficulty, was attempted ; but such was the diversity of opinion, and the opposition coming from all quarters, respecting the mode of adjustment, and the means to be employed to effect it, so as to meet with the sanction and approval of said parties, that the undertaking was abandoned, though very reluctantly, by its friends. Each country knowing best its own interests, concluded to negotiate in their own way. This could not be objected to, for there were jea lousies then existing that could not be removed, save by the arbitration of the friends of the parties themselves. Another attempt was made, however, in London, in 1824, by Mr. Rush, representing the United States, and Messrs. Huskisson and Canning, in behalf of Great Britain; many opportunities were sought to settle the controversy amica bly, if possible, each setting forth statements and argu ments according to their own views ; this failed also, and may be attributed to the great excitement prevailing through out Europe, at the declaration made by Mr. Monroe, in his message to Congress in 1823 — "that henceforth the Ameri can continents are not to be considered as subjects for colonization by any European powers."

A negotiation was again attempted at London, in 1826, between Mr. Gallatin, of the United States, and Messrs. Huskisson and Adding ton, of Great Britain. Strong fears were entertained that it would result as did those which preceded it. Many months was the matter pending, when in August, 1827, to a OREGON. the surprise of the people of both countries, particularly our own, an agreement was made to continue the third article of the Convention of 1818, indefinitely, either party being at liberty to abrogate or annul it," by giving twelve months notice to the other party at any time after the 26th of October, 1828, when the Convention would expire by its own limitation. During the different negotiations that were proposed, we have at all times agreed upon the par allel of 49° to the shores of the Pacific Ocean, as the boundary between the territories of Great Britain and the United States, west of the Rocky Mountains ; this they would never consent to, though perfectly just and fair, but expressed their willingness to take this boundary across the mountains, until it intersected the upper branch of the Co lumbia; thence to continue the boundary line along the middle of this branch to the main stream, and down that to the Pacific Ocean ; the United States to possess all south and east, and Great Britain all north and west of it.

The river was to be open of course to the vessels of both countries which might pass at any time without the fear of molestation. After the American Commissioners received this proposal, and not knowing whether it would be approved in America, they waited before making their re ply, until they could learn the opinions of the first men of our country, and the voice of the people generally. As soon as it was ascertained in England, that America would not consent to the terms proposed, that they were consid ered selfish, unjust, and unfair, Mr. Gallatin offered the following : " that if the said line, the parallel of 49°, should cross any of the branches of the Columbia, at points from which they are navigable for boats to the main stream, the navigation of such branches and of the main stream, should be perpetually free and common to the people of both na tions."

This proposition, though reasonable in all its sea- OREGON. tures, was rejected peremptorily by the British Commis sioners, who, after great reluctance, consented to yield to the United States the whole territory lying north of the Columbia, as far as the straits of Juan de Fuca, and east from the Pacific to Admiralty Inlet. The British have al ways contended for the free navigation of the Columbia, from its mouth to 49° of latitude, and upon this point the negotiation has hitherto failed. The United States have ev er been unyielding, claiming the exclusive possession south of 49°, and offering to Great Britain, conditionally, a right to navigate a part of the Columbia within that limit. She has never contended for the absolute and exclusive right of Oregon, for such a demand would be utterly absurd, but only for that part of it which is not already occupied, only for that which is ceded to her by the third article of the Convention of 1818.

She has been perfectly willing to re linquish a part of these claims, and we have insisted upon her relinquishing the whole. The grounds upon which we base our claims are thus briefly summed up in our able treaties on this question for Congress in 1840. " The first discovery and entrance into the Columbia by Captain Gray, in 1792 — the first exploration from its source to its mouth by Lewis and Clark, in 1805 — the first settlement upon any portion of its borders made by Mr. Astor's party at Astoria, in 1811 — the unconditional restoration of this part, which was captured by Great Britain during the war, and restored under the first article of the treaty of Ghent, thereby vir tually recognising the territorial right of the United States under the Florida treaty in 1819 of all the titles of Spain, which titles were derived from the discovery and exploration of the regions in question by Spanish navigators, be fore they had been seen by the people of any other civilized nation; and lastly, upon the ground of contiguity, we already possessing the territory up to the eastern boun- OREGON. dary."

Having, we think, clearly shown from facts taken from public records that our right and title to this territory is beyond question, inasmuch as we claim it from cessions and negotiations made between different countries, particularly from cessions made by Spain and Great Britain during times of peace, we shall proceed to examine the claims of Great Britain after the introduction of additional facts touching the title of the United States. It is acknow ledged by all, we believe, that the Spaniards ceded to us all their territorial rights between the northern boundary of new Mexico, and the southern boundary of the Russian possessions; at the time that the surrender was made, strong fears were entertained by the Spanish government, that possibly necessity would compel them in some future day to yield to Great Britain, when they were bitterly opposed to their laws and political institutions, and to the general character and spirit of the people ; but they surrendered their claims to the United States, and France did likewise.

If this be true, and if either of these countries possessed territorial rights, and had the power to i^ake what disposition of them they pleased under the law of nations, these rights are now possessed by the United States, and can be claimed by no other power. What was the state of affairs about the time of the settlement of the English North American Colonies ? The royal patents to these colonies extended westward, even to the Pacific Ocean, and if the British government ever had any right over the region west of the Mississippi, that right was fully transferred to the United States by the treaty of 1783, and therefore precluded, or in a legal phrase, estopped their making any claim to the country at this late day. After the peace of Aix La Chapelle, in 1748, the French government extended their settlements over the valley of the Mississippi, on the east side of that river, and along the Illinois, and along the Ohio OREGON. up to Pittsburg, where they built Fort du Quesne.

The British government became greatly incensed, and com plained of these settlements as encroachments, declaring that the whole French territory was on the west of the Mississippi, and that they were assuming rights which they had no right to claim. The whole country was thrown into disturbance, an angry dispute arose as to the means which had best be adopted to put an end to these aggres sions, which resulted in the war of 1756, called in Europe " the seven years war" and in the United States, " the old Frenchwar" signalized by Braddock's defeat by the French and Indians, and the capture of Fort du Quesne by the British, which they afterwards called Fort Pitt ; and also by the British conquest of Canada. By the treaty of Paris of 1763, (the termination of this war,) the French surrendered to the British the Canadas, and all the territory east of the Mississippi and north of the Ohio ; and by the same treaty the British relinquished to the French all right to the country west of the Mississippi.