Newspaper Page Text
SOQ. For telief of Jaine* VV. Reeve. Savannah Depot, now building, have been
201. To incorporate lhe town of Cum* eret ted and paid for.
aning. in Forsyth county. The-Buardnmv feels itself in a condition
202'. To provide for'the removal of the to commence the regular discharge of the
•minty site and buildings in Sollven coutty, debts ot the Company. Since your last meet
to fix anew county iiie. to build a aevr ing, efforts have been made, without success,
f’ lurt htnise and Ihr otf:er purjiosrs. to borrow rnonev to defer the payment ot
203. To incorporate the Executive Cwn- what the Company owes, that the profile
mitteeofHie CJetifra! Baptist A*s'>ciatv>n, might, to a prudent extent, go to the Stock
t the State of Georgia, and the Soullieiu ladders in the way of dividends, reserving
Baptist Convention. : annually a sum to meei, in the end, the
204. To re enact ihe 2d section fan act; amount borrowed. Bonds with coupons
assented to 23d December, 1830, entitled an annexed, drawing interest at seven per cent,
act to appoint Commissioners tu lay out and payable semi-annually in New York or
•pen anew toad through a part of Camden Savannah, at the option of buyers, have been
county, dec. j prepared, ami will be disposed of as they
205. To graut the rights nd privileges , ma . v ** wanted, at par. The Board believes
of citizenship to Isabella Flicks and |, er ; that in a short time, as much money can be
children, and Neely Justice, of toe Cliero- bon owed in this community on these Bonds,
-*® tribe of Indians; and to remove allll- as Wlll enable the Company to bego the pay.
jsl disabilities heretofore imposed. ment of dividends. Cut if disappointed in
205. To repeal an act making permanent the fr ,ard cannot doubt the ability of
•he site of public buildings in the town of ‘he Company to discharge the debt it owes j
Tazewell in the county of Marion on l >t in tlnce years from this time.
No. 230, in the 4th distiict, assented to 27ili ,1 18 ““ended, as the debts arc paid, to ;
.December, 1838 ; to provide for tlie elec- issue stock by way of dividends for all such]
•ion of anew county -die; and for other pur nwlt * P rofi,s of the Road as are taken to pay
fMisea. V * deb is, until ihe'Capital Stock now on the !
107. To incorporate the Ladies’Kduca- >"wks, at $2,048,715 shall amount to $ >,-
tron and Benevolent Society of the M. E. COD.OOO, a sum below the cost, and clearly
Church of the city of Co.uinhus ; and also, ‘ v,thi ” tl,e real value of ll ‘ Road and ,ls
to inctr|K>rate the Augusta Benevolent So- equipments. Such plan, it is believed, will j
ciety. greatly relieve the Stockholder* who have!
208. To authorize ami require the Infe- wai ’ cd so patiently for returns from their in- !
rior Courts of ‘l’eifair and Irw in to examine vestments.
and allow to ib? Tax Colleen rs of said Ihe liabilities and assets of the Company
counties their insolvent lists. a t this time are as follows:
209. To authorize the Inferior court of Liabilitua—' Circulation, £42,791 00 j
Lumpkin county to levy an extra lax Load tickets, 7,735 .5
210. To provide lor the conducting the P e P , " ,i,eß , , , ~ 8 * 637 6G
business of transportation on the Western Dess owned by the
Ac Atlantic Railroad, and for oilier purposes Company, 3,559 23
therein mentioned. ‘ “ —— 25,018 30
211. To i:.cor|K>raie the “ South Western D . uc t 0 olher Bankp 29
Raihoad Company,” and the “Columbus tJimlaimed Oivi
and Smith Eastern Railroad Company.” deeds, 4,31-60
212. T* incorporate the proprietors of the Btlls payable, 1-0,903 -0
Augusta Canal ; and to confirm certain or- t) °* on c cou t
•linauces of the City Council of Augusta D ro <’ ka d
therein mentioned, and to punish those” who iiardea ’ lo,0;0 00
nxy injur*- the nioperty. _ , _ , “ 105 903 29
213. To repeal all laws now of force 1 J! ail Road Bonds . ‘ 44 W?7 00 \
•rhich telate to the navigation of the Oconee Dertihcales to Banks, 133,1 00 j
fiver, or to the free passage of .fish in the ‘ i
•ame, above Milledgevilfe tu Bat nett’s 8>66J,834 Go j
Sliouls in Clark countv, so far as theyppeno n T , , !
hibil Hi. erection ol dam, for miliin- ~r Indcponrfoutlyoftba Ra.lKua.!
uiaiiufW'uiiii- puriioies. ° ® lld a jr|>urleaiices 01 ail ii niis, and also I- j
*M An acr in rJlalion to public officer. I '•fll.e&iaje Line: :
•tid tlieir securities. Discount line, $74,821 >0
215. To incorporate Ihe Moumaio Fire “" d “ O’l. of Savannah, 55.0UU Ml ]
Coniwov of DahUmcaa. i"a receivable, M>o - j
!. To repeal ail m and pan. of am m ul Ge ?'='- 20 780 00
Clahliahing a bridge or 101 l ,„i over Elio- “•“F"* f 10 ”* 13 “" J *?*'? t
nezer creek in Effingiiam couuiv, and liar n'‘ h ’ dcb| to :
arher purpoee* llicein named. ‘ Doe by other banka, 202 18 |
217. To authorise Osborn Medium,, ad La “’ DcC ’ “> 18J5- i93
niiniwrator. ice., of James B. Dou s cry, de “ Z i
Ceased cnJ guardiat of the initio;* of said /1 j
deceased, to remove the ruturns from ~■ , ~, ~, “ . 7 ‘
the Coon of Ordina-y of Jackson cuuoly ia •f “ f llo T" for a,l . h f d ‘ i . ebl! a . ndllc P r -1
that of Foisyth cuuoiy. i c,at,oo ol real es aie and banking houses, it I
218. To abet and amend ihe 3 i ■in.l oili s .oo 000 “ SSetS W ’
r report exhibits a table si,o,vine
paoy. passed December. 1839. ‘ vl s n “ ,e B ”" ds of ,l “ “‘1“"/ fai dlle - ,
* ofo ‘•, , * . . Experience proves that the circu ation of
a ° . UCt e, ’ Ul . led “I’ BCt l ° *be Bank and the deposits, even without
fcgul.te esclreats, e.-h eaters, any extension of banking business, will not
Dcce,nl ; er ’ mi> 50 ,ar rclates go lower than $60,000, but it is believed that
•rn J£* n ® oun ihe circulation, based upon capital so sub
-920. To alter and amend an act to earn- Btaotiai as the Road> w ‘ ay be i/ icrease and, in a
Vnsate grand and petit jurors of the sevetal H hnrt time, to a considerable extent,
counties named, and to provide payment g jnce Jr ]ast annual mectil „ )e B „ ar[]
for the same, assented to December, 183/. ealled t | ie Ftockholders toget 1 er to receive
221. To extend the prov.s.ons ot an act the report which you required them to make,
of 1841, and also those of an act ot 1843, on the subjc , ct of tbe extension of the Road
so as to exam pi liom levy ana sale certain to Columbus. The meeting was held at
inopanytlierao mentioned. Macon in October last. The report and pro
ex.leUt lie provisions of an act C eeding6 of the meeting thereon are submit
of 1843, to point out the mode of creating t e( j herewith for your consideration. Appli
ed.am corporations, (xc. and to provide a cation has been made for a charter to extend
u,, y* °V n cha,l * ~, g lhe •lames of individuals the Road to Columbus, and the Btil tor the
. In repeal an act ol December, IS3O, amendment ot the charier as it has pasted
giv mg the sum ot $3 tu each ot the super, tlie Senate, is a’so herewith submitted,
intendants of elec.tons in the several conn Receiit events show fully the necessity ‘
ties ot the Eastern Circuit, excepting ti.e for this extension. It is aione by such ex- ]
county of Bullock, solar us respects the tension, or by a Road from Bartlesville to 1
county ot Wayne. Columbus, that we can be certain that the
lo provide for the appointment of great thoroughfare to New Orleans and 1
a Committee to examine into the condition Texas, will be through Savannah, Macon ‘
>f the Treasury an J Central Bunk, in i hose and Ct lutnbus. If the Road be carried to I
ycaru in which there is no Legislature in Columbus, no other line ot travel can ever be 1
session; and lo repeal so much of the n t established to interfere with us. And mde
>f 184.', (on the same subject,) us cot.flieij 1 pendcntl/ of profits Irom travel, it is certain ‘>
with this act. 1 that the freights on such a Road would be I
225. Io relieve S. W. Burney and Allen ; profitable, not oniy for the extension, but t
C >chran from the payment ot a portion of vast to our existing Road. <
a note held by the Central Bunk against The w*w proprietors of the Monroe Rail t
- Road seek to build a Road from Bamesville I
ror the relief of the Oglethorpe in to Columbus, and applications are now before <
•urancr ami I rust Company ol Macon. the Legislature to procure tbe necessary <
227. To iu-*orp rate the Augusta Fire charter for render mg certain the construction <
t ompany, an Ito grant them certain exccp., ol a Rail Road to Columbus. Yon will see (
’i oll *- ~ | bv the Report of October, that the Board is *
223- To provide fr.r the disttihttiioti of the :o! opinion, that a Rail Road direct from ft'a- t
estate of David Myrick, ot Putnam county i eon to Columbus, ispiferabie to a Road from t
an iossne |*eis>K'. Bamesville to the same point; but if the va- it
riuUS parties in interest shall continue to t
PRESIDENT’S REPORT. think and finally determine that the latter *
’ all be the Iload, and shall proceed at once l
R R , ‘r. > to build it, then it will not be necessary lor 1
Miia. | •• -,o„d , lUad a,,/fm- I
Tv the Stockholder* of Central Rail R<xid The B >ard invites you to a careful exam- !
and Banking Company of Georgia. ination o. Ll:e Report, and ot the provisions
•n.. ~ , . , of the Bdi now betore the Legislature, and (
The accompanying Re,v„t ~f itie Chief desires ti e expression of your opinion and <
Engmeer, wUI exhibit to yon, m detail, the wishes on be subject. L will be governed 1
fiwunt earned by the Rail Hoad curing the in its future action on this point by the in- t
‘\Vk7n “U .u “ ,S ' M Wil V he e * lsenst ' B Bruflion it shall receive from you.
*’ e^°*d ‘ Jr l {l e y ear - Annexed is a The Company fools, in common with the v
statement, c.rt.hed by the Cashier, which community, the ill effects of the d.sco.iltnu- I
wtfi ahow you the monies received by the anceof the Daily Mad, in Sieaiuero. be- I
Ci. i.pany dur.nj .he tear ending 2nd insl., tween Savannah and Charleston. It be- 1
tram all sources ; and the monies expended lieves that the Post Master General has ac- t
upoua.l accounts ; a.so the state ot the ted on this subject without due regard to i
L ompany on the Dsl mentioned day. the interests of the people of tins city, of j
A, 1re u eived d J Ufm ? tUeyearfor P ro *I Macon, and Columbus; and hopes that he !t
fit. ot the Hoad exceeds t.ie amount earned w m review hjs cour6e> and adopl , he p(an ot j (
by the Company. This is owing to the (act, continuing the Mail with the Steamer Line t
that pan ~f the lsl years earnings have ;„f M PS6rB . Brooks & Barden, in order that 1
beenco.-ectedint ns year, and the present | you may understand fully the efforts of the t
year • cuJecticns have, with the exception ot | Board of Directors lo improve tbe Mail fa-
one paid in. ; cihlies and travel thVough our city and line, i
It Wit. be seeu that me Roau receipts for ‘ th c coriespondence of the President with the ‘ I
this j* av p been so large as was ae.ti- j Department is submitted to you. This cor-! S
e piled, i Ins is owing first to the shortness ; reepuudvnce with suc h explanations as will i
ot tlie cotton crop, and secondly to the back- be given on your request, will place you in (
wardness iu bringing what has been made po£ses:-i..'!i of all the Lets bearing on this 1
to market. \V hilsl the quantity ol up freight subject—now one of such deep interest to all t
has bcc. w eil sustained, the quantity ol cot- persons connected with the Company’s busi- j
t*n transported lias lallen short in the last ness and prospecis. Considering that the ‘ 1
lea: injuthe, over 15,900 bales. Ihe tre'ght Corporation of tlieCov holds near one-fourtb ‘ t
on that q tantity ot cotton at existing rales, „f the Stock of the Company, and that so
would have placed the receipts of tbe Com- large a portion of the communuy is directly ! 1
pany over S4OO,IK'O. I lie up Ireigats have interested in our affaire, ttie Board earnestly ! (
been during the past autumn, five cents per requests you to take this subject of Mail <
hundred, and two cents per toot less than transportation and travel into your serious i
2at year, and the freight on cotton has been consideration. I
texeeuu per hundred less than during No- We have built aR. Road which stretch- <
vairber, 1814. ihe quantity of cotton cs two thirds of lhe way across the Slate of \
brought during the last cotton year, reckon- Georgia, and which, with ptoper united i
mg troiu Ist August, was 123,497 bales etfrt on the partof the citizens of Macon and i
Thecarreat annual expense ts detailed in the i Columbus, is destined to be partof Hie great :
Engineer's Report. Ihe amount expended. f,in e ( ,f Mail communication and travel from <
un road account besides the current expense, ■ North to South. Toe prospect is tair for ii
has been as f<lWs ; 1 the speedy completion of the Muuroe Rail ! i
for Right of \\ ay, $6lO 00 Road to its point of junction with the Wes- i
I ; .r Irou Rk and Plate*, 2451 31; ler n and Adamic Road, through which we !.
1 .<r New S; tvk, 74.870 Ob’ mav expect to receive a fair share NVes-,
For tVnstrm-t.un . • Road, 28 703 23 J terii freight and travel. Our c> aimuuicaiion ‘ I
For Account Stage Lme, 17,435 671 ihrougl. Charleston with the line by WU
• * * 7 mington to New York siiujld he kept up ■
$124,105 27 dally in the perfect manner exhibited hy
1 09 motive powjr now owned by thc Cos n- Messrs. Brooks & Barden, to show the ad
pany, a* coneulered fu..jr adequate so iiie bn- vantages and comfort of the route.through-.
.:*■ which may offer. But it isihe iuie Savannah. The present is the important
* o i * f the Boatd toootUinue toi a abort tune moment to render permanent such a daily
tji huitdmg ot burtken carp—the utbeels, line of steamers and to push oc to the city of
***** * l,d lumber for ukick are on hand. Columbus. South Western Georgia, the
The ’.*nds reipiired for depots have been ‘most Un de regiuii in our couutry for cotton,!
pur erased and paid f.*r, and the bu ."gn nrw a>ks f the Legislature * charter tor a]
ex cep* an engine hwe t the Midwa. ata-l lliil Ueno to Macon, ‘.fiat its pacple may find 1
*~ ,J 'k *OO the passenjper car at ire for tbe.r produce an A’len'ic markei, and
there can be no doubt, of the grant of the
rights which they seek* The AgricuS'ural
ists of. that portion of the State will unite to
build that Ruaii, and it is earnestly hoped
will find substantial win’ from Savannah,
which will derive so great advantages (rum
their contemplated work.
Our city will find advocates and friends in
all parts of Georgia to support it in proper
exertions on its part to become the important
city of the South. We cannot shut our eyes
to the fact, that already a very large portion
of Geoigia capital, produce, and bu>iness, go
to increase the wealth of our neighboring
seaport ; we cannot, if we would, look cool
ly or indifferently on, w hde such efforts as
we may constantly witness are made, to pass
all travel and trade through the State to
Charleston, thus cutting off tiie three cities
of Savannah, Macon and Columbus.
D'nued a fair consideration in the mail
arrangements of the Government, and press
ed by spirited rivals, we must buckle on our
! armor, and—with the help of a protecting
! Providence, and that patriotic feeling, which
j in truth exists, though it may appear to slum
ber, in the hearts ol all Georgians, for their
ancient seaport—work out our salvation and
prosperity. These remarks are made by
your Board in no spirit of unkindness to
wards those w’tio the wealth which
• would seem, on all just principles, to be des
j tined for us—for we are all members of the
| same great household ; but they are intended
to awaken you to the w isdom —yea, the ne
cessity—of not looking back since you have
j put your hands lo the plough ; but rather
;of pressing on tu the accomplishment of the
great work which we have lo do.
R. R.CUYLER, Pres.
DIPLOMATIC.
(A)
\\ ashington, 3d September, 1844.
The undersigned American plenipotentia
ry, declines the proposal of the British plen
ipotentiary, on the ground that it u'ould have
tbe effect of restricting the possessions ol
; the United States to limits far more circum-
Iscribed than their claims clearly entitle
! them 10. It proposes to limit their northern
I boundary by a line drawn from the Rocky
! Mountains along the 49th parallel of latitude
Ito the northeasternmoct branch of the Co
lumbia river, and thence down the middle of
j that river to thc sea-—giving to Great Brit
| oin all the country north, and to the United
tiiates ail couth, of that line, except a defach
;ed territory extending on the Pacific and
j he si rails of Fuca, from Bulfinch’s harbor
jto Hood’s canal. To which it is proposed,
! in addition, to tnrke free to the United States
any port which the United Sla’es govern
j meat might desire, either on the main land
>or on Vancouver,s island; south of latitude 49
i degrees.
By turning to the map hereto annexed,
land on which the proposed boundary is
j marked in pencil, it will be seen that it as
(signs to Great Britain almost the entire re
gion [on Us north side] drained by the Co
lumbia river, lying on us northern bank. It
is not deemed necessary to state at large the
claims of the United Siates to ibis territory,
and tl e grounds on which they rest, iu order
o make good the assertion that it restricts!
the possessions of the United States within!
narrower bounds than they are clearly enti
tled to. ’ It will be sufficient for this purpose
to show, that they are fairly entitled to the
entire region drained by the river, and to the
establishment of this point, the undersigned I
propose* accordingly to limit his remarks at’
present.
Our claims to the portion of the territory !
drained by the Columbia river may be divided
into those we have in our own proper right,
and those we have derived from France and
Spain. We ground the former, as against
Great Britain, on priority of discovery ami
priority of exploration and settlement. We
‘test our claim to drecovery, as againsi Imr, on
that of Captain Gray, a citizen of the United
States, who, in tl e ship Columbia,of Boston i
passed its bar and audhored in the river, ten!
m-les above its mouth, on the 11 Hi of Mav,!
1792; and who afterwards sailed up the river
twelve or fifteen miles, and left it on the
20 h of the same month, calling it “ Colum
bia,” alter his ship, which name it still re
tains.
On these facts our claim to the discovery
and entrance into the river rests. They are
too well attested to bo controverted. But
they have been opposed by the alleged dis
coveries of Meatel and Vancouver. It is true
that the former exj 1 >rod a poition of the coa-t
through which the Columbia flows into the
ocean, in 1788, (five years before Capt. Gray
crossed tbe bar and anchored in the river,) m
order to ascertain whether the river, as laid
down in the Spanish charts, and called the
St. Iloc, existed or not; but it is equally true
that he did not even discover it. On the con
trary, he expressly declares, in his ncoount of
the voyage, as the result of bis observatiot s,
that “ u>e can now safely assert that l.'isre is no
such river as that of lhe St. Jlnc , as laid doten in
the Spanish charts;” and, as if to perpetuate
his disappointment, lie calltil the promontory
lying north of the inlet where he expected to
discover it, Cape Disappointment, and the in
let iiself, Deception Bay. It is also true, that
Vancouver, in April, 1792, explored the same
coast: hut it is no less so that lie failed to
discover the river—of which his own journal
furnishes the most conclusive evidence, a>
well as the strong conviction that no such
river existed. So strong was it, indeed, that
when lie fell in with Capt. Gray; ehoitiy af
tewards, and was informed by him that he had
been off tho mouth of a ri; er, in lat. 43 deg.
10 minutes, whose sutlet was so strong as to
prevent his entering, lie remained incredulous
and strongly expressed himself to that eliect
jn his journal. It was shortly after this inter
view that Captain Gray again visited its mouth
crossed its bar, and sailed up the river, as has
been slated. After lie left it, he visited
Nootka bound, where be communicated his i
discoveries to Quadra, the Spanish ccmmaird
ant at that place, amJ gave him a chart and
description of the mouth of the river. Alter
his departure, Vancouver arrived there, iu
September; when he was informed of the
discoveries ol Captain Gray, and obtained
from Quadra copies of the chart he had left i
him. In consequence of the information thus
obtained, he was induced to visit again that
part of the coast. It was during tins visit that
he entered the river, on the 20iii October, and I
made his survey.
From these facts, it is manifest that the al- !
ieged discoveries of Meares and Vancouver
cannot, in the slightest degree, shake the
claims of Captain Gray to priority of discove
ry. Indeed, so conclusive is tlie evidence in i
his favor, that it has been attempted to evade
our claim on the novel and v holly untenable
ground that his discovery was made, not in a
national, but private vessel. Such, and so
iucontestible, is the evidence of our claim, as
against Great Britain—from priority of <J;s
covery, a* to the mouth of tlie river, crossing
its bar, entering it, and sailing up its stream,
on the voyage of Captain Gray alone ; with
out taking into consideration the prior dis
covery of the Spanish naugauir, Ucceta<—
I which will be more particularly referred to
hereafter.
Nor is the evideucb of the priority of our
discovery of the head branches of the river
and its exploration lets conclusive. Before
the treaty iva6 ratified by whicbjwe acquired
1 1.-. -.lana, iu 1803, an expedition was plumed
—at -i head of which was placed Meriweth
oi Le*. a and William Clark—to explore the
Ti're * Missouri and its principal branches to
(tt ir $ ; rces, and then to seek and trur-e to
•’ s termination in tlie Pacific, or some stream;
“ic'i ft bar the Columbia, the Oregon , the Color- {
ado, or any olher which might offer the most
direrl or practicqOl* voter com/niinicat'oi) a- 1
cross the continent for the purpose of. com
merce.” The party began to ascend the
Missouri in Mav, 1804 J and in the summer
of 1805, reached the head waters of the Co
lumbia river. After crossing many of
the streams falling into it, they reached the
Kooskooskee, in latitude 43 degrees 34 min
utes—descended that to the principal S-.u:h
----ern branch, which they called Lewis’s—fu
lowed that to its junction with the great
Northern branch which they called Clarke —
and thence descended to the mouth of the
river, where they landed and encamped on
the North side, on Cape Disappointment, and
wintered. The next spring they commenced
their return; and continued their exploration
up the river, noting its various branches, and
tracinir-some of the principal ; and finally
! arrived at St. Louis ill September, 1803, after
an absence *f two years and four months.
It was this important expedition which
brought to the knowledge of Hie world this
great river—the greatest by far on the West
tern side <>f this coniineut —with ils numer
ous branches, and Hie vast regions through
which it flows, above the points which Gray j
and Vancouver in<! ascended. It took place
many years before :t was visited and explored
by any subject of Great Britain, or of any
other civilized nation, so far as we are inform
ed. It as clearly entitles us to the claim ol
priority ol discovery, as to its head brandies,
and the exploration of the river and region
through which it. passes, as the voyages of
Captain Gray and the Spanish navigator, He
r.eta, entitled us to priority in reference to its
mouth, aud the entrmce into its channel.
Nor is our priority of settlement less cer
tain. Establishments were formed by Amer
ican citizens on the Columbia as early as 1809
and 1810. In the latter year, a company was
formed in New York, at the head of which
was John Jacob Astor, a wealthy merchant
of that city, the object of which was to form
a regular chain of establishments on the Co
lumbia river, and the contiguous coasts of the
Pacific,for commercial purposes. Daily in
the Spring of 1811, they made their first es
tablishment on the South side of the river,a,
few miles above Point George, where they
were visited in July following by Mr. Thomp
son, a surveyor and astronomer of’tlie North
west company, and his party. They had been
sent out by that company to forestall the A
merican Company in occupying the mouth of
the’river, but found themselves defeated iu
their object. Tfie American Company form
ed two other connectedestablishments higher
up the river; one al the confluence of the
Okanegan with t! e North branch of the Co
lmnhia, about six hundred miles above its
mouth; and the other on the Spukan, a stream
failing into the North branch, some fiity miles
above.
These posts passed into the possession of
Great Britain during the war which was de
clared tlie next year ; but it was provided by
the first article of the treaty of Ghent, which
ierminated it, that‘‘all territories, places, and
possessions whatever, taken by either party
from the other during the war. or winch may
be taken after the signing of the treaty, ex
cepting the islands hereafter mentioned (in
the Bay of Fundy) shall be restored without
delay.” Under this provision, which em
braces ail the establishments of the American
company on the Columbia, Astoria was form
| ally restored, on Hie 6 h October, 1818, by
1 agents duly on the pail of the
British Government to restore the possession
and to an agent duly authorized on the part
of the Government of the U it.-d Stales
!to receive it—which placed our posses
sion where it was before it passed into the
i hands of British subjects.
Buch are the facts < n which we rest our
! claims to prioiity of discovery and priority of
exploration and se Cement, as against Great
Britain, to the region drained by the Colum
bia river. So much lor the claims w e have,
in our own proper right, to that region.
To these'we have added the claims of
France and .Spain. The former we obtained
by the treaty of Louisiana, ratified in 1803;
and the latter by the treaty of Florida, ratified
in 1819. ty the former, we acquired ai! the
l ights w hich France had toLouisia ia “to the
extent it now .has (1803) in the* hands of Spain
aud that it bad when Fiance possessed it, and
such as it should be alter tlie treaties subse
quently entered into by Snaiii and other
States.” By tbe latter, his Catholic Majes
ty “ceded to the United States all his rights, I
claims, and pretensions” to thc country lying j
West oi the Rocky mouu aius, and North ol j
a linj drawn on Hie 4dd parallel of latitude, j
from a point on the S.tuth bank of ti e Arkan
sas, in that parallel, to the South Sea; ibai
is, lo the whole regun claimed uy Spain
West of those mountains, aud North of that
line,
Thc cession of Louisiana gave tu indisput
od tiiie West of the Mississippi, exlending to
the summit of tlie Rocky mountains, and
stretching South between that river and those
mountains to the possessions ol Spain, the
line between which and ours urns Jafterwards
determined by the treaty of Flpnda. lialso
added much to the strength of our title to the
region beyond the Rocky m unlains, hy re-!
storing to us the important link of continuity
Westward to the Pacific, which had been
surrendered by the treaty of 17G3 —as will be
hereafter shown,
That continuity furnishes a just foundation
for a claim of territory, iu connexion with
those of discovery which vyuuld
seem unquestionable. It is admitted hy all, that
neither of them is limited hy tlie precise spot
discovered or occupied. It is e\ ident that in
order to majie either available, it must extend
at least some distance beyond that actuailc
discovered or occupied ; but liovv far, as an ab
stract question, is a matte; of uncertainty. —
It is subject in eacii case to be influenced bv a
variety of con.-idcraliuns. in the case of an
Island it has been usually maintained in prac
tice to extend the claim of discovery or occu
pancy to the whole. So, likewise, m the
case of a river, it has been usual to extend
them to the entire regi >n drained hy it—more
especially iu cases of a discovery and settle
ment at the mouth; and emphatically so
when accompanied by exploration of the river
and region through winch *t flows. Such, it |
is believed, may bo affirmed to be tlie opinion
and practice in such cares smee the discove
ry of this contine t, IJow far the claim of
continuity may extend it: other cases, is less
perfectly defined, aud c< n be settled only bv
reference to tlie circumstances attending each. ,
When the continent was first discovered
Spain Ida mud the whole sm virMie of the
grant of the pope; but a claim so ex ra vagan l
and unreasonable was not acquiesced in by
other countries, and could not belong main
tained. Other nations, especially England
aud France, at an early period, contested her
claim. They out voyages of discove
ry, and made settlements on the Eastern
coasts of North America. They claimed for
their settlements, usually specific limits along
the coasts or bays on which they were formed
and generally a region of corresponding width
extending across the entire continent to the
Pacific Ocean. Such was the character of
the limits assigned by England in the char
ters which she grante ! to her former Colonies,
now the United Slalt *, when there was uo
special reasons for varying from it.
How strong she regarded her claim to
regions conveyed by these charters, and ex
tending Westward of her settlements, the
war between her and France, which was
terminated by the treary of Paris, 1763, furn
ishes a striking illustration. Thatgreatcou
lest which ended so gloriously for England,
and effected so great and so uuraidc a change
on this continent, commenced in a conflict
between her claims and those of France, test
ing on hei side pn this very tight of contigui
ty, extending Westward from her tenements
{ to the tPacific Ocean, and on the part of
France on the same right, hut extending to
‘ the region drained by Re ,Mlssiss-j>pi and its
waters, on the ground ot settlement and ex
plores ion. Their respective claims, which
led to the war, first clashed on the Ohio river
the waters of which the colonial cha’ters, in
j: eir Western extension covered, but which
. ranee had been unquestionably the first to
settle and explore. If the relative strength
uf.these different claims may be tested by the
result of that remaik,abie contest, that of con
tinuity Westward must be pronounced to he
the stronger of the two. England has had at
least the advantage of the result, and would
seem to, be- foreclosed against contesting the
principle—-particularly as against us, who
contributed so much to that result, and on
whom that contest, and her examples and
pretensions; from the first settlement of our
country, have contributed to impress it so
deeply and indelibly.
But the treaty of 1763, which terminattu
that memorable and eventful struggle, ytenl- ;
ed, as has ..been [stated, trie claims and ali j
ijie chartered rights of the colonies beyond
the Mississippi. The seventh, article estab
lishes that river as the permanent boundary
[ betvi een the possessions ol threat Britain and
France on tins continent. So much as re
lates to tiie subject is in the following words;.
“The confines between the dominions ot bis
Bmai n : c Majesty ia that part ol the world (the
continent of America,) shall he fixed irrevo
cably. by a line drawn along the middle of the
river Mississippi, from its source to the river
Iberville ; and from thence, by a line diawu
along the middle of this river and the lakes
Maurpas and Bentchartain to the sea,” &c.
This important stipulation which thus es
tablishes the Mississippi as the line ‘J 'fixedii
revocablu ” between the dominions ot the two.
countries on this continent, in effect extin
guished in favor of France whatever claim
Great Britain may have had to the region ly
ing west of the Mississippi. It of course
could not affect the Spain the only
other nation which had any pretence of claim
west of tint river; but it prevented the right
of continuity previously claimed by Great.
Britain from extending beyond it, and trans
ferred it. ti France, Th,e treaty of Louisiana
restored and vested in the United. States all
the Claims acquired by France and surren
dered by Great Britain, under the provisions
of that treaty, tothe t out try west ofthe Mis
sissippi, and among others, the one in ques
tion. Certain it is that France had the.same
right of continuity, in virtue f her possession
of Louisiana, and the extinguishment ofthe
right ot England, by the treaty of 1703 to
the w hole country west of the Rocky moun
tains, and lying west oi Louisiana, ns against
Spain, which England had to the country
westward of the Alleghany mountains, as a
gainst France —with this difference; that Spain
had nothing to oppose to the claim of France
at the time but the right of discovery ; and
even that, England lias since denied: while
France had oppos ad to the right of England,
in her case, that of discovery, exploration, and
settlement, It is- therefore, not at ail sur
prising that France should claim the country
west of the Roeky mountains, [as may be in
ferred from her maps,] on the same principle
that Great Britain had claimed and dispossess
her yi the regions West ofthe Alleghany ; or
that States, as soon as they jjfed
acqoirafche rights of Franca, should jJlserl
the same*H|uri, and take
ately it, with a to oc
cupalHti and qHliemeut. Bjut, since then,
we have ourJU'le, by adding to
our ow’it proper those of France
the claims also of ts;flPaiid by the treaty of
Florida, as lias
The claims
tier between inWktniiio and the
Pacific, priority ry.—
NumoroujAioyages of discoverjßwmnen; ug
with UiarffMaldoiiada in end ino
with under Gaitnno and
by her authority, al ng the
i\oilh Auierjeap That
they dn-Ci v redtnifexplored Hie en
tire coast o: what the Oregon
Territory, but still fiirßMlportli, is a fact 100
w ell established to I at tins day.
The voyages perfhjjued will ac
cordingly nt* over at without
being alluded to, w ith
liou of llis discovery %f the
tlie moutWTfthe Columbia river ha* been/al
ready re.erred to. It was made on toe lath
of August, j /'72 —many years anterior to the
v yvsgcs ol Meares and Vancouver, and was
I prior to Cook’s, w ho did not reach the North
| western coast until J77S. ‘l'he claim it
I gave to Spain of priority of discovery was
transferred to us, with all others belonging
toiler, by the Treaty of Floiida; which,
added to the discoveries of Captain Gray,
places our right to the? discoveries of tile
mouth and entrance into the inlet and river
beyond all conlroyercy.
It lias been objected, that we claim under
various and conflicting titles which mutually
destroy each other, Such might indeed, be
the fact while they were held by different par
ties: but since we have rightfully acquired
both those ol Spain and France, and concen
trated the wriulo in our hands, they mutually
blend with each other, and form one strong
and connected chain of g title against the oppos
ing ‘aims of ah others, including Great Ret
ain.
in order lopresent more fully and perfectly
thv grounds on winch our chums to the legion
in question re*i, it will now bu necessary to
luv i l ck to the time when Astoria was ro
s'ored to us, under the provisions of the treaty
of Ghent, and to trace whaf has sin-e occurr
ed between the two countries in referencoto
tlie territory, and inquire whether tfuir re
spective claims have been effected by the
settlements stnee made m the territory by
Great Biitain, or the occurrences which have
situ e taken place.
‘l’he restoration of Astoria took place, u.ider
the provisions of the treaty of Ghent, on the
Gib day of October, 1818—the effect of winch
was to put Mr- Psevost, the agent authorized
by ourgovermneiit to receive it, in possession
of the establishment, with the right at ali
times to be reinstated and consulted the ,
party in possession, ns explicitly admitted by-
Lord Lastlereagh in the first negotiation be
hveen the two governments in reference to
the treaty, The words of Mr. Rush, our ,
Plenipotentiary on that occasion, in his letter
to Mr. Adams, then Secretary of State, of ,
the lj li ol February, 1818, reporting what ,
passed between him and his lordship, ate, (
“that Lord Castlejeagh admitted in the most
ample extent our right lo be reinstated, and
to be the party in possession, while trealiuw
of the title.”
That negotiation terminated in the conven
tion ofthe 20th of October, 1818— the third
article ol which is in the following words:
‘.lt is agreed that any country that miy be cluimed
by eithu party on the Northwest coa-t of America;
westward of the stony mountains, shall, together with j
its harbors, bays ami cieeka, and the navigation of all
rivers within ihe same, be fri e and open, for the n rni
of ten years from the dale ofthe signaiure ofthe pres
ent convention, to the vessels, citizens and subjects
of tie two powers : It being well understood that this
agreement is not to lo construed to the prejudice of
any claim which either of the two hjgh contracting
parties may have to any part of the said country : nor
shall it be taken to affect ihe claims of any power or
State to any part of the said country / the only object
of the high con'racting parties, in that respect, being
to prevent .disputes uud differences amongst them
selves.”
The two acts, the restoration of our pos
session and the signature of the convention,
were nearly contemporaneous—the latter
taking place but fourteen days subsequently
to the former; We were then, as admitted
by Lord Castlereagii, entitled lo be consider
ed as the party in possession; and the con
vention which stipulated that the territory
should be free and o<er, for the term often
years Iroin the dale of its signature, to the
vessels,'citizens and subjects ofthe two coun
tries, without prejudice to any claim which
cither parly may have many part ofthe same
preserved and perpetuated cur claims in the
j territory, including the acknowledged right
Ito be considered the party in possession, as
perfectly during the period of its continuance
as they were the day the convention was
signeJ. G,f this there can he no doubt.
Alter an abortive attempt to adjust the
claims of the two parlies to the territory, in
1824, another negotiation was commenced,
in 18.6, which terminated in renewing on
the 6th of August, 1827, the third article of
the convention of 1818, ptior to its expira
tion. It provided lur the indefinite extension
of all the provisions of the third article of that
convention; and also that either parly might
terminate it at any time it might think lit,
by giving one year’s notice, alter the 20th ot
October, 1828. It look, however,, the pre
caution of providing expressly that “•nothing
contained in this convention, or in the third
I article of the convention ofthe 20 th October .
| 1818 , hereby continued in force, shall be con
[ strued 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 Stonij or Rocky mountains That
convention is now in fufce t and has continued
to be so since the expiration of that cf 1818.
By the joint operation of the two, our right
to be considered the party in possession, and
all the claims we had to the territory while
in possession, are preserved in as full vigor
as they were at the date of its restoration in
1818, without be.iig affected or impaired by
the settlements since made by the subjects ol
Great Britain.
Time, indeed, so far from impairing ouy
claims, has grta'ly strengthened them, since j
that period; h r since tin n, tlie treaty ol Fiori- j
da transferred to us all the rights, claims, and !
pretensions ot Spain to the whole territory, I
as has been stated. In consequence of Hus
our claims to the portion drained by the Cos
1u in bin river—the point now the subject ol j
consideration—have been much strengthen- I
ed, by giving us the inconltstible claim to!
the discovery of the mouth of the river by
Hcceta, above staled. But it. is not in this
particular only that it has operated in our fa
vor, Our well-founded claim, grounded on
continuity, has greatly strengthened, during
the same period, by the rapid advance of our
population towards the territory—its gteal
increase, especially in the valley of the Mis
sissippi—as well as the greatly increased fa
cility of ;.assuig tothe ten :loiy by more ac
cessible routes, and the far stronger and rap
idly swelling tide of population that h-is. re
cently commenced flow trig into it.
When the lirsi convention was concluded
in 18!8, our whole population did um exceed
nine millions of people. The portion of it
inhabiting the States in the gieat valley oi
the Mississippi was probably under one mil !
lion seven hundred thousand—of which not
more than two hundred thousand we ye osithe
West side of the river. Now, our population
may be safely estimated at not less than
nineteen millions—of which at least eight
millions inhabit the States and Territories in
the valley of [the Mississippi, and of which
nowards of one million aie in the States and
Territories West of that river. ‘This portion
t four population is now iucreas.ng far more
rapidly than ever, and will, in a short time,
fill the whole tier of States cm its Western
bank.
To this great increase of population, espe
cially in the va ley of the Mississippi, may be
added the increased facility of reaching the
Oregon territory, in consequence cf the dis
covery ofthe remarkable pass in the Rocky
Mountains at the head oi the La Platte.--
The depression is so great, and the pass so
smooth, that loaded wagons now travel with
facility from Missouri tothe navigable waters 1
of the Columbia river. These j ini causes
have had the effect of turning the current of
our population inwards the territory, and an
emigration estimated at not less than one
thousand during the last and fifteen hundred j
the present year has flowed into it. The cur- j
out thus commenced will no doubt continue !
to flow with increased volume hereafter.— ‘
There can then be no doubt now that the j
operation of the same causes which in pel led i
our population Westward from the shores j
of the Atlantic across til.e Alleghany to the I
valley ofthe M ss s-bopi, will impel them on- I
ward with accuiunla i,.ig force across the !
Rocky mountains into the vl l ley of the Co
lumbia, and that the whole region drained by j
it is destined to the peopled by us.
Such are uur ciu nts t > that portion of the !
territory, and the grounds on v\ hit h they rest, j
The undersigned no! eves ti ern to le well i
founded, and trusis that the British plenipo j
tentiary will see in them sufficient reasons 1
why he should decline his proposal.
The undersigned plouiputent ary absnffi.-s,
’ far ;he present from presenting the claims,
which the U.. Stales may have to other |pm- j
lions u the territory.
The undetsigi.ee avails himself of this oc- \
casiou to renew to the British plenipotentiary j
assurances of his high consideration
J. C. CALHOUN
R. Pakenham, Esq., &c. : kc.
September 12. ISMI. j
The undersigned, British plenipotentiary
has studied, with much interest and atten
tion, the si tc-meni (marked A) presented
by the Ameii. an plenipotentiary, getting
I'urtli the grounds on which lie dec Jpies the
proposal ()(lered oy die Rrilisb plenipoten
tiary as a compromise of the difficulties of
die Oregon question. The arrangement
contemplated by that proposal would, in the
estimation of the American p|enipoten;iai v.
have the effect of restricting the possessions
oj die United jSmies to hunts lap mope cir
cuinseribed, than their claims cleatly entitled
them to.
Trie claims of the United States to the
portion of ttrritory drained by the Columbia
river, are divided into those adduced by the
United States in their own proper right, and
tliose which they have derived from Trance ,
and Spain.
The former, as against Great ilritain,
they ground on priority of di.-covery and ,
priority of exploration and settlement,
The claim derived from France originates i
in the treaty of ]SOd, by which Louisiana !
was ceded to the United States, with all its !
rights and appurtei).uices, as fully and in the !
same manner as they had been acquired bv
the Frem h Republic; and the claims deriv
ed from Bpain is founded on the treaty con
cluded with that power in the year 1810,
whereby Ins Catholic Majesty ceded to the I
United States all his rights, claims and pre- i
tensions to the teniloiits lying East and
North of a certain line terminating on the!
Pacific, in the 42i degree of North latitude.!
Depai/ing from tiieorder in which these;
three separate i , are presented by the!
American p empoteuliary, the British Fleui- j
polentiary will first beg leave to observe!
with regard to the claim derived hum j
France, that lie has not been able to discover !
a .y evidence tending to establish the belief, !
that Louisiana, as originally possessed bv
Frauce, afterwards transferred to Spain,
then retroceded by Spain to France, and!
ultimately ceded by the latter power to the
United Siates, extended in a W esterly di
rection beyond the Rocky Mountains.—
There is, on the other hand, strong reason
to suppose that, at the time when Louisiana
was ceded to the United fSlalts, its acknow
ledged Western boundary was
Mountains: Such appdlbsto have
opinion oi President undeywnPse
auspices the acquisition ac
complished.
In a letter written by him
are to be found the vhfg wordl|^
“The boundaries (of !, wh’cJiGtasrri 6ot
admitting question, ara o lands on
iern side 01 the jMisiissijf|ii, inclosing all iisNWJUets,
—the Missouri, ofssand terminating iqtiicl
line draw ii from ihs(fiitriliard po.nt of tht Laky of
the Woods to th uearcstsouiec of the MFsfcaip.
pi ns lately settled between Great Britain and the
United States.”
In another and more formal document,
dated in July, 1807—that is to say, nearly a
year after the return of Lewis and Clarke
from their expedition to the Pacific, and fif
teen years after Gray had entered the Co
lumbia river, is recotded Mr. Jefferson’s opin
ion ( f the impolicy of giving offence to Spain
by any intimation that therlatmsof the U.
States extended tothe Pacific;and we have
the authotity of an American historian, dis
tinguished lor the attention and research
which he has bestowed on the whole sub
ject of the Oregon Territory, for concluding
ttratthe western boundaries of Louisiana, as
it was ceded by France to the United States,
were those indicated by nature—name.v,
the high lands separating the waters of tile
M isstssippi from those falling into the Pa
cific.
From the acquisition, then, ol Louisiana,
as it was received from France, it seems
cleat that the United States can deduce no
claim to territory west ofthe Rocky moun
tait.s. But even if it were otherwise, trod if
France had eveu possessed or asserted a
claim to the territory west of the Rocky
mountains, as appertaining to the territory
ul Louisiana, that claim, whatever it might
be, was necessarily transfeircd to Spain
when Louisiana was ceded to that power in
1/62, and ol course became subject to the
provisions of the treaty between Spain and
Great Britain of 1790, which effectually ab
rogated the c aim ol Spain to exclusive do
minion over the unoccupied pasts of the
! American continent.
1 o the observations of the A merican plen-
J ipotcntiary respecting the effect ol contigui
tv in furnishing a claim to territory, the un
[ dersigned has not failed to pay due attention
j hut he submits that what is said on this head
| may more properly be considered as demoix
! strating the greater degree of interest which
the United States by reason of con
tiguity in acquiring territory in that direc
tion, than as affecting in any way the ques
tion of r.ght.
Tits undersigned will, endeavor to show
hert-alter t hat, in the proposal put in on the
part ol Great Britain, the natuial expecta
tions ol the U.SSiti es, on the ground ot con
tiguity, have uol been disregarded.
Next comes to be examined the claim de
rived 1 out Spain. t
It must, indeed, be acknowledged thtjtf*
by the treaty ol fBR), Spam did convey lu
tne UpiGd Stat.es uli that she had the pow
er to dispose ul uu the Northwest coast ot
America, Niffth of the 42d parallel of lati
tude; hut she could nut by that transaction,
i annul or invalidate the rights which, she
/tad, by a previous transact L-u, acknowledged
to belong to cjio,iher powor.
By the treaty ol 28-h Octubar, 1790, §pai
acknowledged in Great Britain certain rights
w.th respect *„o those parts ol the Western
coast ol America not already occupied.
I It s acktiovvffvdgernetu had reference es
pecially to Re territory which [onus the
subject ol the negotiation. If Spain could
pot make good her own right to exclusive
dominion over those regions, still less could
she confer such 3 right op another power;
and hence Great Britain argues tint front
nothing deduced lipm the treaty of 1819,
can the United States assert a volid claim to
exclusive dom.mop over any part of the Or
egon territory.
There remains to be considered the cla nt
advanced by the United Slates on the ground
ol prior discovery and prior exploration and
settlement.
In that part of the nieim.rapdun of the
American plenipotentiary which speaks of
ihe Spanish t tie, it ;s,slated tiiql the month
oi the river, aiterwards called the Columbia
liver, was was first discovered by the Bpau
ish navigator Uecet.i, The* admission i[
this act would appear to t>e altogether trre
concilaide with a claim tp priority of discov
ery lrojn anything accomplished by Captain
Utay. To one, and ,o one mi\. of ihoso
commanders-,.can fie conceded the merit of
first discovprv. ll llecepi’s ciaun is ac
knowledged, ihtu Captaip Giay is no longer
the discoverer ol lhe Cuumbia river. L, on
the o;licj hand, preference is given to the
achievement ol Captain liion Ileteluh
discovery ceases tojoe ot any value. IJut it :j
argued that the Umted States nmv repre
sent both titles—the title,of iieccta and the
title of Gray; and thtvefpre, that* unuer one
or the other, it mailers jiut which, enough
can be shown ip establish a case ot piiord.s
covery--igaiubt G:;ral B.iia.n. ‘Mils may
be true as far as relates lo the act ol first
entering the mouth of Columbia river; but
:j the Spanish claim 11 prior discovery is lo
prevail, whatever rights may thereon be
founded ate necessarily restricted hyp he s-ip
uvd ions of the treaty of 1790, which forbid u
claim oi exclusive possession.
J It the act of Captain Gray, in passing the
liar and actually entering the liver, is to su
persede the discovory of the eti.ranee—
wli (h is all that attributed to Ueceta,—
then, tliciprjnctple of progressive or gradual
i discovery being admitted as conveying, in
I proportion to the cxiem. if discovery or ex-
Jplnration, superior rights, the oprrat.ons
!of Vancouver tu tlje ciiteiiug, surveying
and exploring, to a consideiable distance
; inland, the river Columbia, would, as a
| necessary consequence, supersede the dis
|-covery ofCap'ajii Gray. to s;iy nothing of
the act of taking possession in the name of
his sovereign—which ceremony was duly
performed and authentically recorded by
S Captain Vancouver.
, This brings us Ui an examination of the
’ conflicting claims of Great Britain and the
i United Slates op the ground ot discovery,
w hich may bp said to lot in tiie essential
point in the discussion ; for it has above
been shown that the claim derr-ed from
Fiance must he considered as of little or no,
weight, while that derived from Spain, in
as tar as relates to exclusive dominion, is
neutralized by i|je stipulations of the Nool
-4a convention.
It will be adrpitted, that when the United
Slates became an independant nation, they
possessed no claim, direct otfindirecl, to the
Columbia teniloiy. Them Western boun
dary in those days was defined by the treaty
01T783. Great Britniy', oa the contiary,
had at that tune already directed her atten
tion to the Northwest/coast of America—
as is sufficiently shown by the voyage and
discoveues of Cap/ Cook, who, in 1778,
visited and explored a gieut poition of it,
from latitude 44 degs. Northwards.
That Great Britain was the first to ac
quire what may be called a beneficial
interest in those regions, by commercial
intercourse, will not be denied. Jn
ptoof of this fact, we have the voyages of
several Biitish subjects, who visited the
coast and adjacent islands previously to the
dispute with Spain ; and that her com
merce, actual as well as prospective, in that
part of the world, was cons.dered a matter
of great national importance, is shown by
tiie reso’ute measures which she took lor itsy
protection when Spain manifested a dispo
sition to imerlere with it.
The discoveries of Mearts, in 1788, and
the complete survey of the coast and its ad
jacent islands, from about latitude 40 degs.
Northwards, which was effect* and by Capt.
Vancouver, in 1792, 17l 3, and 1794, would
appear to give Great l'titain, as against
the United Slates, as stioirg a claim, on the
ground of discovery and exploration coast
wise, as can well be imagined, limited only
by what was accomplished by Capt. Gray
at the mouth ul the Columbia—which, as
far as discovery is concerned, forms the
strong point on the American side of the
question.
In point of accuracy and authenticity, it
is believvd that ’fie pc:fcrmau<:c?pf Cook &