SPEECH ON THE OREGON QUESTION. Delivered in thE SENATE OF THE UNITED STATES, February 24, 1846. [The question of title, historically and legally discussed. The subject was before the Senate upon the Joint Resolutions and amendments thereto, to terminate the joint occupancy, by giving to Great Britain the one year's notice provided for by the Convention between the two governments.] MR. PRESIDENT—The question which I am now about to discuss, in some of its most interesting and important relations, is one which deeply concerns the well-being of our political and social system. Though apparently confined to the possession of an extensive region of country on our western border, it invades the high principles of national right and honor, and therefore spreads far beyond, and rises far above all physical considerations. To understand it adequately in all its bearings, and enable ourselves to judge of it dispassionately according to its great merits, it is necessary that we should go back to the time. of its discovery, and learn something of the action, motives and intentions of those connected with its earliest history. Towards the close of the fifteenth century, the Portuguese were engaged in examining the coast of Africa in a southerly and easterly direction, in the hope of finding a passage to the Indian Ocean, in which they were stimulated by the bull of Pope Nicholas V., assigning to them the rights of conquest, sovereignty, and trade, exclusively, in Pagan lands which they might discover in that direction; and after the return of Columbus from his first voyage, the united sovereigns of Spain obtained a like authority, from Pope Alexander VI., for all lands and seas which they might discover in the west, not before discovered or occupied by a Christian prince or people. Under this extraordinary, but at that time recognized authority, the Sovereigns of Spain and the king of Portugal-two of the greatest maritime Powers of Europe-framed what they were pleased to call the "partition of the ocean," by drawing a line three hundred and seventy leagues west of the Cape De Verd islands; and assigned all that portion of the globe east of it to Portugal, and that west of it to Spain, as their respective fields of exploration. The success of Columbus lent to Spain an extraordinary stimulus, which sought its development in geographical discovery, territorial acquisition, and the promotion of physical science, and even in indulging a morbid superstition in the prosecution of its idle vagaries. In 1512, Ponce de Leon, a Spaniard of birth and fortune, in three vessels, fitted out at his own expense, while cruising among the newly-discovered isl ands, seeking for that spring so long desired by the Orientals, which was to endue with perpetual youth all who bathed in its waters, discovered Florida. Balboa, governor of Santa Maria, a Spanish colony near Darien, whilst searching for an ocean in the west, whose shores he believed to be paved with gold, after much suffering, privation and endurance, discovered the Pacific, and, entering into its waters, proclaimed, with outstretched sword, that he took possession in the name of his king and master. In 1520, Magellan, a Portuguese in the service of Spain, discovered the straits bearing his name, through which he sailed into the ocean discovered by Balboa, and which he named the Pacific, in commemoration of its placid surface and genial atmosphere. About this time, Mexico, which was discovered in 1518, was conquered; and Spain became the wealthiest nation of Europe, and prosecuted for a time her discoveries, explorations, and conquests, particularly upon the western coast of North America. From the time of the discovery of this ocean up to 1810, I have collected from all the sources within my reach a connected history of the title to the Oregon territory. It would, however, occupy more time than I have allotted to myself on this occasion to go through that history in detail; and I have great pleasure in passing over it, since the able and excellent commentary on that branch of the subject by my colleague. I will, therefore, content myself with little more than * MR. DIX. a mere allusion to a few historical facts, not for the purpose of tracing the history, but of presenting the points from which my deductions will be drawn. To all who are kind enough to listen to my remarks, or who may honor me by reading any report of them, I would say that I shall relieve them of all inferences as to conclusions; and, therefore, when speaking of Oregon, I desire to be understood as speaking of that region of country bordering on the Pacific, bounded on the south by latitude 42°, and on the north by 54° 40'. I intend to show clearly what are the rights of the respective parties; and not believing that any Christian nation, much less England, would go to war for even a profitable wrong, and not proposing to give up a right if she would, I shall discuss the question with the same freedom as though it were the custom of nations to resort to a court of justice for their ultima ratio, instead of the field of battle.. Territory may be acquired by a nation in various ways, and, among others, by treaty, by conquest, by discovery, or by contiguity. Treaty and conquest explain themselves. Discovery, in its general sense, is described as follows, in a treatise on international law, by Marten, Professor of Law in the University of Gottingen: "From the moment a nation has taken possession of a territory in right of first occupier, and with the design to establish themselves there for the future, they become the absolute and sole proprietors of it, and all that it contains; and have a right to exclude all other nations from it, to use it, and dispose of it as they think proper; provided, however, that they do not, in anywise, encroach on the rights of other nations. The case is but little different, strictly speaking, when, in right of legitimate conquest, a nation seizes on a territory which is ceded to it at the peace." It is a general principle that the discovery of the leading geographical features of a territory is a discovery of the whole. The discovery of a river, either of its mouth or headwaters, is a discovery, not of the river merely, but of the territory drained by it; and if the territory have natural or political boundaries, the discovery embraces the entire region limited by them. In this case the political boundaries of the territory being defined, no question can arise on that point; and we have therefore only to address ourselves to the question of the title to the particu lar section of country. Contiguity may come in aid of discovery; and when the discovered territory is contiguous to the possessions of those making it, the title is thereby strengthened, and discovery of an inferior character will be sufficient. Even contiguity will carry a title without discovery, if the possession of the territory be necessary to the interest and convenience of the adjacent power, and no other power will be permitted to take possession. Under these general rules, the law of nations ―a code which experience has suggested, and religion, morality, and civilization have approved, assigns the territory to the government which shall discover it, as the reward of its enterprise. Nor does a subsequent, more perfect, and minute discovery supersede the first. The first discovery, although it may not be minute and complete-although it may not ascertain all the geographical features of the country-yet, if it have ascertained the leading features, then it is a discovery of the country, and carries with it all the advantages of a perfect discovery. Though occupation should follow, it need not immediately succeed discovery. But there must be an intent to follow up the discovery by occupation. It is a question of intent-of good faith. And that question must be settled by an examination of the motives and intentions of the party, as far as they can be ascertained; and hence the allusion to the circumstances which preceded the discovery of this territory. It is not contended that the Papal authority conferred any title. But it was at that time, and with that people, recognized as authority-as the highest authority in Europe; and therefore shows that in discovering, exploring, and taking possession, they believed they had title, and intended to occupy; and although it is no title of itself, it comes in aid of, and fortifies the title by discovery-shows that the discovery was not accidental, but that every movement relating to it was the positive and efficient act of sovereignty. In no instance from the period when the Spanish first landed on its shoresfrom the first expedition authorized by the government-was there an act except under its authority and sanction. As early as 1543, the exploration of the coast was commenced with the view of exercising sovereignty over the territory. The first large expedition which they planned was in 1540; but by reason of a mutiny in the Mexican provinces, it failed. The next was in 1543, by Ferrelo, who explored as far north as 43°. The next was by Juan de Fuca, who discovered the straits which now bear his name, in 1592. As this voyage and this discovery have been questioned, I will produce an authority which I trust will not be disputed by any who advocate the British title on this or the other side of the water. The authority to which I refer is the London Quarterly Review for 1816. In speaking of this territory, and of the voyage of De Fuca, the reviewer remarks as follows: "His real name was Apostolos Valerianus. The story told to Mr. Michael Lok, consul for the Turkey merchants at Aleppo, was a plain and no doubt a true one-that he was plundered in a Manilla ship off Cape California by one Candish, (Cavendish, who states his having found a Greek pilot in one of the ships he plundered,) an Englishman; that he was afterwards sent by the Viceroy of Mexico to discover the Strait of Aman, but owing to a mutiny in the squadron, he returned; that in 1599 he was again sent on this discovery; that he entered a strait between 47° and 48° of latitude, and sailed above twenty days in a broad sea; and that, opposed by savages clothed in skins, he returned to Acapulco. The late Bishop of Salisbury, rather indiscreetly, has pronounced this story of De Fuca 'the fabric of imposture;' for the ink was scarcely dry which transmitted to posterity this hasty opinion, when the strait and the savages were recognized by Meares and others in the very spot pointed out by the old Greek pilot, to whom modern geographers have rendered tardy justice, by assigning to the strait he discovered the name of Juan de Fuca." This is a high if not a conclusive authority, published in London thirty years ago, under the eye of the British Ministry, where it would have been corrected, doubtless, if erroneous; for in all that relates to her foreign policy Great Britain has no divisions. Next was the expedition of Viscaino, in 1603. He explored as far as 43°, and then sailed for Madrid, for the purpose of obtaining liberty to return and establish settlements and garrisons upon the territory. He obtained this authority and returned, having been promised by Spain means to sustain the settlements which he should make, and died in 1608, as he was about entering upon his enterprise. From about this time, however, Spain, for nearly a century and a half, suspended the further prosecution of her explorations and discoveries. She was then torn by |