not within the existing British Colonies, and not more than fourteen feet draught. It connot subject to any civil government of the sists of a stockade enclosing four acres, a vilUnited States. It enables his Majesty to ap-lage of sixty houses, stores, mills, workshops, point within these limits justices of the peace, a farm of 3000 acres, and a considerable quanand to give them civil and penal jurisdiction, tity of cattle for the supply of the Company's Snot extending in civil suits beyond £200, or posts. Another is Fort-Nasqually on the seain penal cases to death or transportation.-coast, within the Straits of Fuca. The purCases beyond these limits are reserved for the poses for which this post has been established courts of Upper Canada. require some explanation. The supply of the In pursuance of this Act, charters had been Russian settlements with provisions, and the granted to the Hudson's Bay Company, "for Sandwich Islands with timber, has turned the exclusive trading with the Indians in all out a profitable trade; and it is supposed that such parts of North America to the northward the ships which carry supplies to Vancouver or to the westward of the territories of the might, on their return, fill their stowage, United States, as shall not form part of any of which is more than is required for furs, with the British Provinces, or of the territories of wool, hides, and tallow for the English marany European Power." The charter requires ket. But as such a use of the Company's the Company to provide for the execution of capital, not being within its charter, would civil and criminal processes over their ser- be illegal, a sub-company has been formed, vants, and to frame, and submit to the Crown called the Puget's Sound Company, consistrules for conducting the trade, which may di- ing of members of the Hudson's Bay Comminish or prevent the sale of spirituous liquors pany; and governed by its officers, but emto the Indians, and promote their moral ploying capital of their own.* Their princi-) and religious improvement. And it declares, pal farm is at Fort-Nasqually, and they have) that nothing contained in it shall prevent his a considerable one on Vancouver's Island,) Majesty from establishing any colony within and others between the Straits of Fuca and the territories in question, or from annexing the Columbia. them to any existing colony. To the south of the Columbia, principally It will be observed that the charter contains on the banks of the Willamet, some agriculno clause authorizing the Company to form tural establishments have been formed by settlements. Not only have they no power Americans. The nucleus is generally a misto grant lands, but they have no power even sionary, who proposes to convert the Indians) to hold them. The charter gives them as by civilization, and for this purpose begins) against all other British subjects, but only as by using them as agricultural laborers. He against them, the exclusive right of trading is followed by men either misled by the miswith the natives, according to regulations to be representations of the climate and soil of approved by the Crown; and it requires them Oregon, which, for party purposes, have to deliver up their own servants to the juris-been spread through the United States; or so diction of British tribunals. This is the whole unprovided with capital as to think it worth amount of the privileges which it grants, and while to undergo the dangers and toils of the of the duties which it imposes. They cannot journey, in order to obtain land for nothing. acquire for themselves the property, or for the The principal is Oregon, which is thus deCrown the sovereignty, over a single acre. scribed in the most recent information which This, however, does not apply to the vast has reached us :-"This place, Oregon City, region comprised in their original charter of is situated at the head of the navigation at the 1670. In that region they are lords of the foot of Willamet Falls, one of the greatest soil, and it is there, therefore, on the banks of water powers in the world. It contains the Red River, that they have formed their twelve dwelling-houses, three stores, one Sprincipal establishment. In that remote col-blacksmith's shop, two saw-mills, and a gristSony there are now more than 5000 persons-mill."t The American establishments are a Roman Catholic bishop, a cathedral, and not supposed to have yet succeeded as sources seven or eight other religious ministers. The of net profit, though they have afforded to the Company sell their land at 12s. 6d. an acre, inhabitants the means of existence. Captain) and the plantations extend for fifty miles along Wilkes states, that in 1842 and 1843 prices) the river.* Thence their posts are dotted were merely nominal, and the settlers' horses) about from the Atlantic to the Pacific. They were fed with the finest wheats. are in general stockades, with little wooden It is, we repeat, as a hunting-ground that Sbastions at the corners, capable of holding a Oregon is valuable; and, as applicable to Straveling party of thirty or forty persons, but this purpose, the merits of the northern and seldom tenanted by more than four or five permanent inhabitants. The largest is Vancouver on the Columbia, about ninety miles from its mouth, and accessible by vessels of * Simpson's Travels, chap. vii. * Wilkes, vol. iv., p. 307. See Mr. Perry's letter, dated Oregon City, March 30, 1843, in Simmonds' Colonial Magazine, vol. i. p. 101. Vol. iv. p. 308. (southern portions are reversed. The districts manufacturing establishments in Englandto the north of the Straits of Fuca, which are such as the Great Western Cotton Factory generally unfit for agriculture and pasturage, in Bristol, or Mr. Marshall's in Leeds-which still continue to afford a considerable supply keep in activity a much larger capital, employ Sof furred animals. Those to the South, which a much greater number of persons, and give contain some spots fit for settlement, have a much larger annual produce, than can be been almost exhausted as hunting-grounds. predicated of a company which is the actual In a letter from Mr. Pelly, the governor, to proprietor of territories larger than the BritLord Glenelg, previous to the grant of the ish Islands, and has the exclusive use of a (charter of 1838, he states that nearly their region greater than the whole of Europe! (whole profits are drawn from their own pro- But though the Company, as far at least as (per territory; their other trade showing in this portion of their trade is concerned, have (some years a trifling loss, and in others a been unsuccessful merchants, they have been small gain.* Mr. Wyeth, who had been wise and benevolent administrators. "In all Shimself a fur-trader, believes that trade to be the countries," says Mr. Wyeth, "where the less profitable than any other in which as Hudson's Bay Company have exclusive conmuch danger of life and property is incurred; trol, they are at peace with the Indians, and and he adds, that he has good evidence that the Indians are at peace among themselves."* in 1833, the profits of the western department "An opinion has gone abroad," says Capof the Company, which includes Oregon, did tain Wilkes, "that at this post (Vancouver) (not exceed $10,000, or less than £2500. This there is a disregard of morality and religion. confirms Mr. Pelly. As far as my observations went, I feel myself) The fur-trade, as we have already said, is obliged to state that everything seems to naturally a decreasing trade. If it was bad prove the contrary. I have reason to believe, (in 1837, it is not likely to be better now. from the discipline and the example of the And this is supported by the testimony of superiors, that the whole establishment is a Captain Wilkes, who visited Oregon in 1840. pattern of good order and correct deport"Many persons," says Captain Wilkes, wri-inent. This remark not only extends to this ting from Fort Vancouver, "imagine that establishment, but as far as our opportunities large gain must result from the Indian trade; went, (and all but two of their posts were but this is seldom the case-the Indians un-visited,) the same good order prevails throughderstand well the worth of each article. The out the country. Wherever the operations Company are obliged to make advances to of the Company extend, they have opened (all their trappers, and from such a reckless the way to future emigration, provided the set there is little certainty of getting returns, means necessary for the success of emigrants, Seven if the trapper have it in his power. and rendered its peaceful occupation an easy All the profits of the Company depend on and cheap task."f Jeconomical arrangements; for the quantity of And yet, under these favorable circum. Speltry in this section of the country, and in- stances, though spirits are refused, wars are deed the fur-trade on this side of the moun- discouraged, and profligate intercourse is pretains, has fallen off fifty per cent. in the last vented, the proximity of the white man still few years. It is indeed reported that this exercises, and apparently with little diminu business is at present hardly worth pursu- tion of intensity, its destructive influence on ing." the red men. They are attacked by new This is confirmed by a statement, which diseases, and their old ones seem to be aggrawe have now before us, of the Company's vated. (whole importations for 1844, and of their im- "During my stay at Vancouver," says) Sportations from the Columbia (which includes Captain Wilkes, "I frequently saw Casenove, the whole Oregon Territory) in 1845. In the chief of the Klackatack tribe. He was 1844, they imported from the whole of their once lord of this domain. His village was North American territories and hunting-situated about six miles below Vancouver, grounds 433,398 skins, of the value of £173,- on the North side of the river, and within the 936, 17s.; of which Oregon furnished only last fifteen years was quite populous; he then 61,365 skins, valued at only £43,571. In could muster four or five hundred warriors; 1845, their importation from Oregon has been but disease has swept off the whole tribe-it (only 57,628 skins, valued at £56,749, 14s. is said that they all died within three weeks. We have also before us a return of the He now stands alone, his land, tribe and (number of persons in their employ in North property all departed, and he left on the America for the year ending the 1st of June, bounty of the Company. Casenove is about 1844. It is 1212. There are many single fifty years of age, a noble and intelligentHudson's Bay Company Correspondence.House of Commons' Paper. 1842, No. 547, pp. 26, 27. †Territory of Oregon Report, p. 13. Vol. iv. p. 333. looking Indian. I could not but feel for the few weeks, lost the whole of his tribe and such treaties give them no right either against) kindred, as I saw him quietly enter the their own government or against any other. apartment, wrapped in his blanket, and take We now proceed to consider the different his seat at the lonely side-table. He scarce sources of title separately, beginning with seemed to attract the notice of any one, but title by Discovery. What amount of exploSate his meal in silence, and retired. He has ration is necessary for title by discovery, has always been a great friend to the whites, not been decided. As far as we can perceive, Sand during the time of his prosperity was a very little, perhaps the mere distant glimpse ever ready to search out, and bring to punish- of a headland, has been considered sufficient. ment, all those who committed depredations And it is admitted that when once a title by on strangers. Casenove's tribe is not the discovery, however imperfect, has been gained only one that has suffered in this way; many by the agents of one nation, it is not superothers have been swept off entirely, without seded by a subsequent though more accurate (leaving a single survivor."* examination by those of another. The reason It seems probable that in a few years all is obvious; for if title by discovery depended) that formerly gave life to the country, both on the comparative accuracy of the examinathe hunter and his prey, will become ex- tion, no such title could be safe. It would Stinct; and that their place will be supplied always be liable to be divested by a new by a thin white and half-breed population, survey, which was, or professed to be, more scattered along the few fertile valleys, sup- elaborate. (ported by pasture instead of by the chase; The title by mere discovery, however, is (and gradually degenerating into the barbar- not a permanent one. It requires to be per(ism, far more offensive than that of the fected by settlement. "The title," says Vattel. savage, which degrades the backwoodsman. " of navigators going on voyages of discovery, Having given this short view of the Oregon and furnished with a commission from their country, we proceed to examine the grounds sovereign, has generally been respected, proSon which the very doubtful advantage of its vided it has been soon after followed by real Sovereignty is claimed. possession. But the law of nations will not It will appear that the facts on each side acknowledge the sovereignty of a nation over are tolerably clear; the difficulty, therefore, if countries, except those in which it has formed there be any, must arise from the obscurity of settlements, and of which it makes actual the law; and we will begin, therefore, by a use." brief statement of what we believe to be No nations have asserted this more strongly) international laws with respect to the acqui- than England and the United States. "She) sition of sovereignty over an unoccupied ter- understood not," said Elizabeth to Mendoza, ritory. the Spanish ambassador, "why her subjects Generally, it may be said, that such sov-or those of any other prince should be deSereignty may be acquired by five means. barred from the Indies, to which she could By Discovery, by Settlement, by Contiguity, not persuade herself that the Spaniards had by Treaty, and by Prescription. There is any just title by the Bishop of Rome's dona(one requisite, however, which, as it is essen- tion; or because they had touched here and (tial to every source of title, ought to be men- there on the coast, built cottages, and given tioned before we treat them separately-names to a river and cape, things which cannamely, that the acts by which sovereignty not entitle them to a propriety. This imagiSis acquired, must be the acts of a govern-nary propriety could not hinder other princes Sment, not of unauthorized individuals. The from transporting colonies into those parts Sacquisition of sovereignty is a grave act. It thereof where the Spaniards inhabit not, forimposes on the acquiring State the duties of asmuch as prescription without possession is administration and protection. It imposes on little worth."t all other States the duties of abstaining from "Prior discovery," said Mr. Gallatin, in interference. It takes from the common pat- the American counter-statement during the (rimony of mankind a part which was previ- negotiations of 1826, "gives a right to occupy, Sously open to the enterprise and industry of provided that occupancy takes place within a Sall nations, and appropriates it to one. It reasonable time, and is followed by perma-S is obvious that great inconveniences would nent settlements and by the cultivation of Sarise if private persons could arbitrarily im- the soil."‡ pose such duties on their own sovereigns and The same rules of convenience which de Son independent States. No title, therefore, is cide that a title by discovery may be lost) given by the discoveries made by private unless perfected by settlement, decide that a adventurers. If they make settlements, such title by settlement may be lost if that settlesettlements form no portion of the territory of the State from which the unauthorized settlers have proceeded. If they enter into treaties, * Vol. iv. p. 369. *Book I. chap. xvill. † Campden's Elizabeth, year 1580. 20th Congress-5th Session-Document 199. pp. 63-69. (ment be abandoned. Otherwise one nation, fect title by discovery, the imperfect title by (without herself using a territory, would ex-contiguity gives no permanent exclusive Sclude all others by settling, and afterwards claim. Any nation has a right to say to usSquitting it. Either colonize yourselves, or let us do it. We now come to the third source of title-But do not exclude others from territory which Contiguity. It may be divided into a perfect you do not use yourselves, and which we can and an imperfect right. use without injuring you. A perfect right by contiguity, is the right A title by Treaty is of course a perfect which a nation enjoys to exclude all others title from the beginning as between the parfrom a territory, the command of which, ties to the treaty; but, as respects all others, (though it be not actually within her occupa- it is mere evidence of claim. Thus the treaty (tion, is essential to the convenience or to the by which Russia has acknowledged that the (security of her real possessions. If no such British Northern boundary begins at latitude right were recognized-if, when one nation 54° 40′, is not binding on the United States. Shas made a settlement, every other had a The treaty by which the United States and right to form one in its immediate vicinity- Spain have fixed the 42d parallel as the it is obvious that no continuous colonial estab- Northern boundary of Mexico, is not binding lishments could be created. But the extent on England. It is to be observed also, that of this right has never been decided. One as between civilized nations, no title derived of the latest instances of its exercise, is the by treaty from a barbarous people is ac(refusal by England to allow any other nation knowledged. Savage tribes are held to have to colonize the Chatham Islands. We discov- a mere right of occupancy, to last only until ered those islands in 1774; but as we have the land is required by civilized men; and (never attempted to occupy them, our right by incapable of transfer, except to the govern (discovery has, according to our own doctrine, ment which, by some of the means recogSlong since expired. But we maintain that nized by international law, has acquired the their occupation by any other nation would real sovereignty over what the savage erro be dangerous, or at least injurious, to our neously supposes to be his own territory. It settlements in New-Zealand, though at the is generally thought advisable to go through distance of many hundred miles. And on the forms of a purchase and a cession; but it that ground we maintain the right, though is universally admitted that the title of a not occupying them ourselves, to prevent civilized nation as against other civilized their occupation by others. nations, is not strengthened by these forms, or The other, the imperfect title by contiguity, weakened by their absence. Sis a mere preferable right to acquire by set- Prescription, the last of the five sources of Stlement a complete title to lands not actually title, is seldom found alone. The only case Ssettled, and not essential either to the safety in which it can exist by itself, is one in which Sor to the convenience of existing settlements, the rest of the world has for a long series of but geographically connected with them. years allowed a single nation to exclude all This title is even less defined than the for-others from a territory to which she has no mer-still it must exist; for, if it do not exist, perfect title by occupation, contiguity, or the title by discovery can give a right merely treaty. Of such a claim the United States) to the line of coast actually seen by the navi-endeavored to lay the foundation, by President) gator. This was the title set up by Spain-Monroe's declaration of the 2d December, but, to the extent to which she asserted it, 1823-that the American continent was no denied by England-to the whole western longer to be considered as a subject of_colScoast of America. This is the ground of our onization by any European power. Had Sclaim to the unoccupied portion of New-Europe acquiesced in this declaration, instead Holland. That claim does not rest on dis- of protesting against it, it would in time have covery, or on settlement, or on treaty, or on given to the United States a prescriptive prescription. It must then depend on conti- right to act upon it. So if England were guity. But it cannot be said that our existing now to make a similar declaration respecting settlements would be injured by the formation New-Holland, and it were followed by no) of others at one thousand miles distance. The opposition of remonstrance, England would in (contiguity, therefore, on which our claim time acquire a prescriptive right to enforce it. (rests, is mere geographical connexion, and Having explained, as fully as our limits, we apprehend, therefore, that it is a mere and the incompleteness of the authorities, Spreferable right-that it gives us merely a will allow, the Law of Nations on this ob Sright of first choice-a right, for instance, to scure subject, we proceed to examine what Srequire that no nation shall colonize the coast countenance that law gives to the claims of of New-Holland without announcing to us England and of the United States on Oregon. her intention, and ascertaining that her pro- We will begin with the title by Discovery. jects are not a bona fide interference with It has been supposed that Drake may any of ours. But by analogy to the imper-have caught a glimpse of the coast in latitude 480 in the year 1580. He certainly saw it up mouth; but mistaking, as all previous navito latitude 43°. Of the two accounts of his gators except Heceta had done, its bar for a voyage, one carries him up to latitude 48-continuous coast, he inferred that no such river the other stops him at 43. But as England existed. He therefore named the Northern never attempted to make any use of this headland Cape Disappointment, aname which supposed discovery, she has very properly it still bears. avoided insisting on it. For nearly two cen- In 1787, and the five following years, Capturies the North-western coast remained un-tain Gray passed and repassed along the (visited; but, in 1774 and 1775, Bucareli, the coast, generally wintering in Nootka Sound. Viceroy of Mexico, who appears to have On the 11th of June, 1792, being in search of (been a man of vigor unusual in a Spaniard, a harbor to do some repairs, he ran into the Ssent two expeditions to explore it. We copy Entrada de Heceta, saw an opening in the from Humboldt, who had access to manuscript bar, crossed it. and found himself in the river documents, the following statement of their St. Roque. He sailed up for fifteen miles, proceedings:took in water, and completed his repairs; and then with much difficulty got back over "Perez and his pilot, Estevan Martinez, left the the bar into the Pacific. He changed the port of San Blas on the 24th January, 1774. On the 9th of August they anchored, the first of all name of this river from that of St. Roque to European navigators, in Nootka Road, which they that which it still bears, the Columbia. called the port of San Lorenzo, and which the In 1791, Captain Vancouver was despatched illustrious Cook, four years afterwards, called King by the British Government to the NorthGeorge's Sound. In the following year a second western coast, partly for purposes which we expedition set out from San Blas, under the com-shall mention hereafter, and partly for dismand of Heceta, Ayala, and Quadra. Heceta dis- covery. He reached that coast at about latithe Entrada de Heceta, the Pic of San Jacinto,tude 400, and thence, up to the Northern (Mount Edgecumbe,) near Norfolk Bay, and the shores of the Pacific, made a survey far more fine port of Bucareli. I possess two very curious accurate than any that had previously been? small maps, engraved in 1788 in the city of Mex-eficcted. But, as usual, he mistook the bar of ico, which give the bearings of the coast from the the Columbia for a continuous coast, and was 27 to the 58° of latitude, as they were discovered undeceived only by meeting Captain Gray. in the expedition of Quadra."* Still he supposed that it must be impassable, covered the mouth of the Rio Columbia, called it Mr. Greenhow states, that in the charts as in truth it generally is, by vessels of burpublished in Mexico after Heceta's return, den. Instead, therefore, of exploring it with the Columbia is named the Rio de San his own ship, the Discovery, he dispatched Roque. In 1778, Captain Cook, on his last Lieutenant Broughton in a smaller vessel, voyage, partially examined the coast from the Chatham. Broughton crossed the bar the 44th parallel to the 59th, and accurately but, finding the channel intricate and dan thence to within the Arctic circle. When his gerous, left his ship, and rowed up in his ships were returning after his death, they cutter about one hundred miles, that is, visited Canton, and sold very advantageously nearly to the point at which the rapids render some furs which they had collected from the farther progress, under ordinary circumstansavages. This traffic produced important re-ces, impossible. sults. A mine of wealth was supposed to The progress of overland discovery was) have been discovered in the fur-trade between much slower. The first who penetrated the the North-west of America and China, and Rocky Mountains was Sir Alexander Macthe English and Americans prepared to work kenzie, then in the service of the North-west it; but as the South Sea Company had then Company. In the year 1793 he crossed them? exclusive privileges in the Southern Pacific, in about latitude 54°-discovered Fraser's and the East India Company in China, the River, descended it for about two hundred English adventurers generally sailed under and fifty miles, then struck off in a westerly foreign flags. The most remarkable of these direction, and reached the Pacific in latitude traders were Captain Gray, the commander of 52 20. In August, 1805, Lewis and Clarke, the American merchant vessel the Columbia, despatched for that purpose by the Govern and Lieutenant Meares, a British officer who ment of the United States, reached the Rocky acted as the virtual commander of a mercan-Mountains in about latitude 44°-crossed tile expedition using the Portuguese flag. them, discovered the Southern head-waters of Meares left Macao for Nootka Sound in the the Columbia, floated down its stream for about beginning of 1788-erected a hut and a kind six hundred miles, and on the 15th of Noof building-yard there, built a vessel, and vember reached its mouth. Here they built traded along the coast. He searched for the some huts-remained in them during the winriver St. Roque, and actually entered its ter, and in 1806 returned to the United States, exploring in their course many of the tribu *Humboldt's New Spain. Black's translation. taries of the Columbia. This is the only Val ii. p. 316 to 318. occasion on which the Rocky Mountains have |