So ends the claim of England to Oregon, on the right of prior discovery. As opposed to England, Spain's rights on this principle were incontestible.
{xix} By the treaty of Florida, ratified February 22nd, 1819, Spain ceded to the United States her right in the Oregon territory, in the following words: "His Catholic Majesty cedes to the said United States all his rights, claims, and pretensions to any territories east and north of said line;" meaning the 42nd parallel of north latitude, commencing at the head waters of the Arkansas, and running west to the Pacific; "and for himself, his heirs and successors, renounces all claim to the said territories for ever."
But the United States have rights to Oregon which of themselves annihilate the pretensions not only of England but the world. Her citizens first discovered that the country on which Nootka Sound is situated was an island; they first navigated that part of the Straits of Fuca lying between Puget's Sound and Queen Charlotte's Island, and discovered the main coast of north-west America, from latitude 48° to 50° north. American citizens also discovered Queen Charlotte's Island, sailed around it, and discovered the main land to the east of it, as far north as latitude 55°.[20]
England can show no discoveries between these latitudes so important as these; and consequently has not equal rights with the {xx} Americans as a discoverer, to that part of Oregon north of the 49th degree of latitude. We also discovered the Columbia River;[21] and its whole valley, in virtue of that discovery, accrues to us under the laws of nations. One of these laws is that the nation which discovers the mouth of a river, by implication discovers the whole country watered by it. We discovered the mouth of the Columbia and most of its branches; and that valley is ours against the world—ours, also, by purchase from Spain, the first discoverer and occupant of the coast—ours by prior occupancy of its great river and valley, and by that law which gives us, in virtue of such discovery and occupancy, the territories naturally dependent upon such valley.[22] We are the rightful and sole owner of all those parts of Oregon, which are not watered by the Columbia, lying on its northern and southern border, and which, in the language of the law, are naturally dependent upon it. Oregon territory, for all these reasons is the rightful property of the United States.
FOOTNOTES:
[5] Our treaty with Spain, made in 1819, adjusted the boundary as far as the Pacific Ocean, between the latter's possessions in North America and those of the United States; see Gregg's Commerce of the Prairies, in our volume xix, p. 217, note 52. By this convention the United States considered itself the heir of all Spanish claims north of the international boundary line (42°).
Our treaty with Mexico, in 1828, ratified the boundary as defined by the Spanish treaty of 1819.
By our convention with Russia in 1824, the two countries agreed to make no settlements north or south, respectively, of the line 54° 40´. This by no means established the United States claim as far as the line specified.—Ed.
[6] Robert Greenhow, born in Virginia in 1800, was educated at William and Mary College and later studied medicine in New York, afterwards spending some years in Europe. In 1828 he was appointed clerk in the department of state at Washington, where he soon rose to the position of official translator and librarian, an office retained until 1850, when he went to California with the United States Land Commission, dying in San Francisco in 1854. In 1837 he prepared, at the request of the Senate, a History of the Discovery of the North-west Coast, published in Senate Docs., 26 Cong., 1 sess., 174. This was later expanded into a History of Oregon and California (Boston, 1845). His access to the records of the state department, and his knowledge of Spanish sources, make Greenhow's books authoritative in their field.—Ed.