ITS HISTORY AND DISCOVERY; INCLUDING AN ACCOUNT OF THE CONVENTION OF THE ESCURIAL, ALSO, THE TREATIES AND NEGOTIATIONS BETWEEN THE UNITED STATES AND GREAT BRITAIN, HELD AT VARIOUS TIMES FOR THE SETTLEMENT OF A BOUNDARY LINE, AND AN EXAMINATION OF THE WHOLE QUESTION IN RESPECT TO FACTS AND THE LAW OF NATIONS.   BY TRAVERS TWISS, D.C.L., F.R.S., PROFESSOR OF POLITICAL ECONOMY IN THE UNIVERSITY OF OXFORD, AND ADVOCATE IN DOCTORS’ COMMONS. NEW YORK: D. APPLETON & CO., 200 BROADWAY. PHILADELP

The object which the author had in view, in instituting the accompanying inquiry into the historical facts and the negotiations connected with the Oregon Territory, was to contribute, as far as his individual services might avail, to the peaceful solution of the question at issue between the United States of America and Great Britain. He could not resist the conviction, on reading several able treatises on the subject, that the case of the United States had been overstated by her writers and neg

THE OREGON TERRITORY. North-west America.—Plateau of Anahuac.—Rocky Mountains.—New-Albion.—New Caledonia.—Oregon, or Oregan, the River of the West.—The Columbia River.—Extent of the Oregon Territory.—The Country of the Columbia.—Opening of the Fur Trade in 1786.—Vancouver.—Straits of Anian.—Straits of Juan de Fuca.—Barclay.—Meares.—The American sloop Washington.—Galiano and Valdés.—Journey of Mackenzie in 1793.—The Tacoutche-Tesse, now Frazer’s River.—North-west Company in 1805.—The Hudson’s Bay

ON THE DISCOVERY OF THE NORTH-WEST COAST OF AMERICA. Voyage of Francisco de Ulloa, in 1539.—Cabrillo, in 1542.—Drake, in 1577-80.—The Famous Voyage.—The World Encompassed.—Nuño da Silva.—Edward Cliffe.—Francis Pretty, not the Author of the Famous Voyage.—Fleurieu.—Pretty the Author of the Voyage of Cavendish.—Purchas’ Pilgrims.—Notes of Fletcher.—World Encompassed, published in 1628.—Mr. Greenhow’s Mistake in respect to the World Encompassed and the Famous Voyage.—Agreement between the World Enc

ON THE DISCOVERY OF THE NORTH-WEST COAST OF AMERICA. The Voyage of Francisco de Gualle, or Gali, in 1584.—Of Viscaino, in in 1598.—River of Martin d’Aguilar.—Cessation of Spanish Enterprises.—Jesuit Missions in California in the 18th century.—Voyage of Behring and Tchiricoff in 1741.—Presidios in Upper California.—Voyage of Juan Perez in 1774; of Heceta and de la Bodega in 1775.—Heceta’s Inlet.—Port Bucareli.—Bay of Bodega.—Hearne’s Journey to the Coppermine River.—Captain James Cook in 1776.—Ru

ON THE PRETENDED DISCOVERIES OF THE NORTH-WEST COAST. Memoir of Lorenzo Ferrer Maldonado, in 1588.—Voyage of the Descubierta and Atrevida, in 1791.—Tale of Juan de Fuca, in 1592.—Voyages of Meares, Vancouver, and Lieutenant Wilkes.—Letter of Admiral Bartolemé Fonte or de Fuentes, in 1640.—Memoir of J. N. de l’Isle and Ph. Buache, in 1750.—California discovered to be a Peninsula in 1540; reported to be an Island in 1620; re-explored by the Jesuit Kuhn and others, in 1701-21.—Maps of the sixteenth

THE CONVENTION OF THE ESCURIAL. The King George’s Sound Company, in 1785.—Dixon and Portlock.—The Nootka and Sea Otter.—The Captain Cook and Experiment.—Expedition of Captain Hanna under the Portuguese Flag.—The Felice and Iphigenia.—The Princesa and San Carlos, in 1788.—Martinez and Haro directed to occupy Nootka in 1789.—The Princess Royal arrives at Nootka.—Colnett arrives in the Argonaut, July 2, 1789, with instructions to found a Factory.—He is seized, with his Vessel, by Martinez.—The Prin

THE OREGON OR COLUMBIA RIVER. The Oregon, or Great River of the West, discovered by D. Bruno Heceta, in 1775. Ensenada de Heceta.—Rio de San Roque.—Meares’ Voyage in the Felice, in 1788.—Deception Bay.—Vancouver’s Mission in 1791.—Vancouver vindicated against Mr. Greenhow in respect to Cape Orford.—Vancouver passes through Deception Bay.—Meets Captain Gray in the Merchant-ship Columbia.—Gray passes the Bar of the Oregon, and gives it the Name of the Columbia River.—Extract from the Log-book of t

ON THE ACQUISITION OF TERRITORY BY OCCUPATION. Connexion of the Sovereignty of a Nation with the Domain.—Vattel. The Sovereignty and Eminent Domain (Dominium eminens) attend on Settlement by a Nation.—Settlement by an Individual limited to the Acquisition of the Useful Domain (Dominium utile.) A Nation may occupy a Country by its Agents, as by settling a Colony. Kluber’s Droits des Gens.—The Occupation must be the Act of the State.—Occupation constitutes a perfect Title.—Bracton de Legibus.—Wolf

ON TITLE BY DISCOVERY. Discovery not recognised by the Roman law.—Wolff.—The Discovery must be notified.—Illustration of the Principle in reference to Nootka Sound.—Vattel.—Discovery must be by virtue of a Commission from the Sovereign.—Must not be a transient Act.—Martens’ Précis du Droit des Gens.—Kluber.—Bynkershoek.—Mr Wheaton.—Practice of Nations.—Queen Elizabeth.—Negotiations between Great Britain and the United States, in 1824.—Nootka Sound Controversy.—Discussions between the United Stat

TITLE BY SETTLEMENT. Title by Settlement an imperfect Title.—Presumption of Law in its Favour.—Made perfect by undisturbed Possession.—Wheaton.—Title by Usucaption or Prescription.—Vattel.—Acquiescence a Bar to conflicting Title of Discovery.—Hudson’s Bay Settlements.—Treaty of Utrecht.—The Vicinitas of the Roman Law.—Mid-channel of Rivers.—Contiguity, as between conterminous States, a reciprocal Title.—Negotiations between Spain and the United States of America.—Vattel.—Territorial Limits exten

ON DERIVATIVE TITLE. Title by Conquest.—Title by Convention.—Vattel—Martens.—Wheaton.—The Practice of Nations.—United States.—Great Britain.—Kent’s Commentaries.—Mixed Conventions.—The Fisheries of Newfoundland.—Treaty of Paris.—Distinction between Rights and Liberties.—Permanent Servitude.—Negotiations in 1818.—Mr. Adams’ Argument.—Lord Bathurst’s Letter.—Mr. Adams’ Reply.—Convention of 1818. Derivative title may result from involuntary or voluntary cession ( traditio. ) Involuntary cession tak

NEGOTIATION BETWEEN THE UNITED STATES AND GREAT BRITAIN IN 1818. Treaty of Ghent, 1814.—Negotiations respecting the Restoration of Fort George.—The United States replaced in Possession of the Post at the Mouth of the Columbia River.—General Negotiations in London, in 1818.—Proposal on the Part of the United States.—Convention of 1818.—No exclusive Claim on either Side.—Western Boundary of the United States by the Treaty of 1783.—Treaty of 1794.—Sources of the Mississippi in 47° 38′.—Convention o

ON THE LIMITS OF LOUISIANA. Hernando de Soto discovers the Mississippi, in 1542.—British Discoveries in 1654 and 1670.—French Expeditions.—De la Salle, in 1682.—Settlement in the Bay of St. Bernard, in 1685.—D’Iberville, in 1698.—Charter of Louis XIV. to Crozat, in 1712.—The Illinois annexed, in 1717, in the Grant to Law’s Mississippi Company.—The Treaty of Paris, in 1763.—Secret Treaty between France and Spain.—Louisiana ceded to Spain, in 1769.—Retroceded to France, in 1800, by the secret Trea

TREATY OF WASHINGTON. The Treaty of San Ildefonso.—Ineffectual Negotiations between Spain and the United States, in 1805, respecting the Boundary of Louisiana.—Resumed in 1817.—M. Kerlet’s Memoir cited by Spain, Crozat’s Charter by the United States, as Evidence.—Spain proposes the Missouri as the mutual Boundary.—The United States propose to cross the Rocky Mountains, and draw the Line from the Snow Mountains along 41° to the Pacific.—Negotiations broken off.—Spain proposes the Columbia River a

NEGOTIATIONS BETWEEN GREAT BRITAIN AND THE UNITED STATES IN 1823-24. Proceedings in Congress after the Convention of 1818.—Russian Ukase of 1821.—Russian Title to the North-west Coast of America.—Declaration of President Monroe, of Dec. 2, 1823.—Protest of Russia and Great Britain.—Report of General Jessup.—Exclusive Claim set up by the United States, on the Ground of Discovery by Captain Gray, and Settlement at Astoria.—Extent of Title by Discovery of the Mouth of a River.—The United States cla

EXAMINATION OF THE CLAIMS OF THE UNITED STATES. Exclusive Sovereignty for the first Time claimed by the United States over the Valley of the Columbia.—The Statements relied upon to support this, not correct.—The Multnomah River erroneously laid down in Maps.—Willamette Settlement—Source of the Multnomah, or Willamette, in about 43° 45′ N. L.—Clarke’s River.—Source in 46° 30′.—The Northernmost Branch of the Columbia discovered and explored by Mr. Thomson.—The Pacific Fur Company not authorised by

NEGOTIATIONS BETWEEN THE UNITED STATES AND GREAT BRITAIN IN 1826-27. Revival of Negotiations.—Written Statements of respective Claims.—The United States.—Great Britain.—Rights supposed to be derived from the Acquisition of Louisiana.—Jefferys’ French America.—Cession of Canada.—The Illinois Country.—Treaty of Utrecht.—Treaty of Paris.—French Maps.—Charters.—Declaration of Court of France in 1761, as to respective Limits of Canada and Louisiana.—Contiguity of Territory.—Hudson’s Bay Territories.—

NEGOTIATIONS BETWEEN THE UNITED STATES AND GREAT BRITAIN IN 1844-5. General line of Argument on either Side.—Original Title of the United States.—Nationality of a Merchant Ship.—Mr. Buchanan’s Statement.—Mr. Rush’s View.—The Practice of Nations makes a Distinction between public and private Vessels.—Tribunals of the United States.—Laws of South Carolina.—The Distinction rests on the Comity of Nations.—It is not arbitrary, at the Will of each Nation, nor can it be disturbed.—Dr. Channing on the C

REVIEW OF THE GENERAL QUESTION. Presumption in Favour of the Common Right of Great Britain.—No exclusive Rights in Spain or the United States.—Convention of 1818.—Convention of 1827.—Mr. Rush’s Admission in 1824, that the United States had not a perfect Right.—Cession of Astoria.—Course of the Negotiations.—Messrs. Rush and Gallatin in 1818.—Mr. Rush in 1824.—Mr. Gallatin in 1826.—Negotiations of 1844-5.—Mr. Buchanan’s Offer.—Mr. President Polk’s Message to Congress.—Consequences involved in the