The third rule is, “that whenever any European nation has thus acquired a right to any portion of territory on that continent, that right can never be diminished or affected by any other Power, by virtue of purchases made, by grants, or conquests of the natives within the limits described.”
“It is believed,” continued the commissioners, “that this principle has been admitted, and acted on invariably, since the discovery of America, in respect to their possessions there, by all the European Powers. It is particularly illustrated by the stipulations of their most important treaties concerning those possessions, and the practice under them, viz., the Treaty of Utrecht in 1713, and that of Paris in 1763.”
The practice of European nations has certainly recognised in the nation which has first occupied the territory of savage tribes, that live by hunting, fishing, and roaming habits, the sole right of acquiring the soil from the natives by purchase, or cession, or conquest, for the purpose of establishing settlements. The more humane spirit of the modern code of nations seems disposed to reduce this right to a right of pre-emption, as against other European nations.
The applicability of the above principles to the solution of the questions at present under discussion between the governments of the United States and Great Britain, will be considered in a subsequent chapter.
CHAPTER XIV.
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 claim up to 51° N. L.—British Objections.—Convention of 1790.—Discovery by Captain Gray a private Enterprise.—Mr. Rush’s Reply.—Gray’s Vessel a national Ship for such an Occasion.—Superior Title of Spain.—British Answer.—Pretensions of Spain never admitted.—Drake’s Expedition in 1578.—Mr. Rush’s further Reply.—Treaty of 1763, a Bar to Great Britain westward of the Mississippi.—Exclusive Claim of the United States to the entire Valley of the Columbia River.—Proposal of the British Commissioners of the Parallel of 49° to the North-easternmost Branch of the Columbia, and thence along the Mid-channel of the River to the Sea.—Counter-proposal of the United States of the Parallel of 49° to the Sea.—Negotiations broken off.
The Convention of 1818 had provided that the country westward of the Stony Mountains should be free and open, for the term of ten years from the signature of the treaty, to the vessels, citizens, and subjects of the two Powers, without prejudice to the territorial claims of either party. Two years afterwards a committee was appointed by the House of Representatives in Congress, for an “inquiry as to the situation of the settlements on the Pacific Ocean, and as to the expediency of occupying the Columbia River;” and a bill was subsequently brought in “for the occupation of the Columbia, and the regulation of the trade with the Indians in the territories of the United States.” The bill, however, was suffered to lie on the table of the House, and although it was again brought before Congress in the ensuing year, no further steps were taken until the winter of 1823. (Greenhow, p. 332.)