There has always been a dispute as to how far into the region of the
northwest this claim of the French extended. In the sale no parallels
were given; but it was claimed that their rights reached to the
Pacific Ocean. Dr. Barrows says, "If, however, the claims of France
failed to reach the Pacific on the parallel of 49 degrees, it must
have been because they encountered the old claims of Spain, that
preceded the Nootka treaty and were tacitly conceded by England.
Between the French claims and the Spanish claims there was left no
territory for England to base a claim on. If the United States did
not acquire through to the Pacific in the Louisiana purchase, it was
because Spain was owner of the territory prior to the first, second
and third transfers. It is difficult to perceive standing ground for
the English in either of the claims mentioned.
The claim of England that the Nootka treaty of 1790 abrogated the
rights of Spain to the territory of Oregon, which she then held, is
untenable, from the fact that no right of sovereignty or jurisdiction
was conveyed by that treaty. Whatever right Spain had prior to that
treaty was not disturbed, and all legal rights vested in Spain were
still in force when she ceded the territory to France in 1800, and
also when France ceded the same to the United States in 1803.
The third claim of the United States was by the commission sent out by
Jefferson in 1803, when Lewis and Clarke and their fellow voyagers
struck the headwaters of the Columbia and followed it to its mouth and
up its tributary rivers.
The fourth was the actual settlement of the Astor Fur Company at
Astoria in 1811. True it was a private enterprise, but was given the
sanction of the United States and a U. S. naval officer was allowed to
command the leading vessel in Astor's enterprise, thus placing the
seal of nationality upon it. True the town was captured and the
effects confiscated in 1812 by the British squadron of the Pacific,
commanded by Captain Hillyar, but the fact of actual settlement by
Americans at Astoria, even for a short time, had its value in the
later argument. In the treaty of Ghent with England in 1814, Astoria,
with all its rights, was ordered to be restored to its original
owners, but even this was not consummated until 1846.
America's fifth claim was in her treaty with Spain in 1818, when Spain
relinquished any and all claims to the territory in dispute to the
United States.
The sixth and last claim was from Mexico, by a treaty in 1828, by
which the United States acquired all interest Mexico claimed, formerly
in common with Spain, but now under her own government.
Such is a brief statement, but I trust a sufficient one, for an
intelligent understanding of the questions of ownership.
Public-domain text, read in full here on John Shaqi.
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