LITMIR.BIZ

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treats of the Prairies, or of the Oregon region, the various incidents related by him cannot fail to give entertainment and instruction.

      With respect to the Introduction, in which the Author asserts the claims of the United States to the Oregon Territory little need be said here: the subject will no doubt receive the full consideration of the Governments interested in the decision of the question.

      London, 1843.

      PREFACE

      It was customary in old times for all Authors to enter the world of letters on their knees, and with uncovered head, and a bow of charming meekness write themselves some brainless dolt's "most humble and obedient servant." In later days, the same feigned subserviency has shown itself in other forms. One desires that some will kindly pardon the weakness and imbecility of his production; for, although these faults may exist in his book, he wrote under "most adverse circumstances," as the crying of a hopeful child, the quarrels of his poultry, and other disasters of the season.

      Another, clothed with the mantle of the sweetest self-complacency, looks out from his Preface, like a sun-dog on the morning sky, and merely shines out the query, "Am I not a Sun?" while he secures a retreat for his self-love, in case any body should suppose he ever indulged such a singular sentiment.

      {viii} A few others of our literary shades make no pretensions to modesty. They hold out to the world no need of aid in laying the foundations of their fame; and, however adverse the opinions of the times may be to their claims to renown, they are sure of living hereafter, and only regret they should have lived a hundred years before the world was prepared to receive them.

      There is another class, who, confident that they understand the subjects they treat of, if nothing else, and that, speaking plain truth for the information of plain men, they cannot fail to narrate matter of interest concerning scenes or incidents they have witnessed, and sensations they have experienced – trouble not themselves with the qualms of inability, or lack of polish, but speak from the heart. These write their names on their title-pages, and leave their readers at leisure to judge of their merits as they develop themselves in the work itself, without any special pleading or any deprecatory prayers to the reviews, by

THE AUTHOR

      INTRODUCTION

      The Oregon Territory forms the terminus of these Travels; and, as that country is an object of much interest on both sides of the Atlantic, I have thought proper to preface my wanderings there by a brief discussion of the question as to whom it belongs.

      By treaties between the United States and Spain and Mexico and Russia, the southern boundary of Oregon is fixed on the 42nd parallel of north latitude; and the northern on an east and west line, at 54° 40´ north.5 Its natural boundary on the east is the main ridge of the Rocky Mountains, situated about four hundred miles east of the Pacific Ocean, which washes it on the west. From these data the reader will observe that it is about six hundred miles in length, and four hundred in breadth.

      According to the well-established laws of nations applicable to the premises, the title to the sovereignty over it depends upon the prior discovery and occupancy {x} of it, and upon cessions by treaty from the first discoverer and occupant. These several important matters I proceed to examine, with Greenough's History of the North-west Coast of America, and the works therein named, before me as sources of reference.6

      From the year 1532 to 1540, the Spanish government sent four expeditions to explore the north-west coast of America, in search of what did not exist – a water communication from the Pacific to the Atlantic. These fleets were severally commanded by Mazuela, Grijalva, Becera, and Ulloa. They visited the coast of California, and the south-western shore of Oregon.7

      The next naval expedition, under the same Power, commanded by Bartoleme Ferrello, penetrated to the north as far as latitude 43°, and discovered Cape Blanco.8

      Juan de Fuca discovered and entered the Straits that bear his name in the year 1592. He spent twenty days within the Straits in making himself acquainted with the surrounding country, trading with the natives, and in taking possession of the adjacent territories in the name of the Spanish Crown.9 The Straits de Fuca enter the land in latitude 49° north, and, running {xi} one hundred miles in a south-easterly direction, change their course north-westwardly, and enter the ocean again under latitude 51° north. Thus it appears that Spain discovered the Oregon Coast from latitude 42° to 49° north two hundred and fifty-one years ago; and, as will appear by reference to dates, one hundred and eighty-four years prior to the celebrated English Expedition under Captain Cook.10

      In 1602, and subsequent years, Corran and Viscaino, in the employment of Spain, surveyed many parts of the Oregon Coast, and in the following year Aguiler, in the same service, discovered the mouth of the Umpqua River in latitude 44° north.11

      In August, 1774, Parez and Martinez, under the Spanish flag, discovered and anchored in Nootka Sound. It lies between 49° and 50° of north latitude.12

      In 1774 and 1775 the north-west coast was explored by Parez and Martinez of the Spanish service, as far north as the 58th parallel of latitude.13

      On the 6th day of May, 1789, the Spanish Captain Martinez, commanding two national armed vessels, took possession of Nootka Sound and the adjoining country. {xii} Previous to this event, say the authorities referred to, no jurisdiction had been exercised by the subjects of any civilized power on any part of the north-west coast of America between 37° and 60° of north latitude.

      Thus is it shown on how firm and incontrovertible data the Spanish claims rest to the prior discovery and occupancy of the Oregon Territory.

      But as against England this claim was rendered if possible more certain by the treaty of February 10th, 1763, between Spain, England and France – by which England was confirmed in her Canadian possessions, and Spain in her discoveries and purchased possessions west of the Mississippi. If, then, England has any claim to Oregon as derived from Spain, it must rest on treaty stipulations entered into subsequently to the 10th of February, 1763.

      We accordingly find her to have formed a treaty with Spain in the year 1800, settling the difficulties between the two powers in relation to Nootka Sound. By the first article of the convention, Spain agreed to restore to England those portions of the country around Nootka Sound which England {xiii} has so occupied in regard to time and manner as to have acquired a right to them. The 5th article stipulates as follows:

      "5th. As well in the places which are to be restored to the British subjects by virtue of the first article as in all other ports of the North-West Coast of North America, or of the Island, adjacent, situate to the north of the coast already occupied by Spain wherein the subjects of either of the two Powers shall have made settlements since the month of April 1789, or shall hereafter make any. The subjects of the other shall have free access and shall carry on their trade without any disturbance or molestation."14

      The inquiries that naturally arise here are, on what places or parts of the North-West Coast did this article operate; what rights were granted by it, and to what extent the United States, as the successors of Spain, in the ownership of Oregon, are bound by this treaty?

      These will be considered in their order.

      Clearly the old Spanish settlements of the Californias were not included among the places or parts of the North-West Coast on which this article was intended to operate, for the reason that England, the party in {xiv} interest, has never claimed that they were. But on the contrary, in all her diplomatic and commercial intercourse with Spain since 1800, she has treated the soil of the Californias with the same consideration that she has any portion of the Spanish territories in Europe. – And since that country has formed a department of the Mexican Republic, England has set up no claims within

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