Northwest boundary of the United States; Oregon question
The discovery gives an incipient claim not only to the identical spot
thus discovered, but to a certain distance beyond it. It has been
admitted that the claim extends generally, though not universally, as
far inland as the sources of rivers emptying into the sea where the
discovery has been made. The distance to which the right or claim
extends along the sea shore may not be precisely defined, and may vary
according to circumstances. But it never can be unlimited; it has never
been recognized beyond a reasonable extent. Spain was the first European
nation which discovered and occupied Florida. A claim on that account to
the absolute sovereignty over the whole of the Atlantic shores as far as
Hudson's Bay, or the 60th degree of latitude, would strike every one as
utterly absurd. A claim on the part of Spain to the sovereignty of all
the shores of the Pacific, derived from her having established missions
in California, would be similar in its nature and extent, and equally
inadmissible. It cannot be sustained as a natural right, nor by the
principles of international law, nor by any general usage or precedent.
The claim of Spain rested on no such grounds.
It was derived from the bull of Pope Alexander VI., which the Spanish
monarchs obtained in the year 1493, immediately after the discovery of
America by Columbus. By virtue of that bull, combined with another
previously granted to Portugal, and with modifications respecting the
division line between the two Powers, the Pope granted to them the
exclusive sovereignty over all the discoveries made or to be made in all
the heathen portions of the globe, including, it must be recollected,
all the countries in America bordering on the Atlantic, as well as those
on the Pacific ocean. Yet, even at that time, the Catholic Kings of
England, and France did not recognize the authority of the Pope on such
subjects; as evidently appears by the voyages of Cabot under the orders
of Henry VII. of England, and of Cartier under those of the King of
France, Francis I. Subsequently, the colonies planted by both countries,
from Florida to Hudson's Bay, were a practical and continued protest and
denial of the Spanish claim of absolute sovereignty over the whole of
America: whilst the acquiescence of Spain was tantamount to an
abandonment of that claim where it was resisted. Ridiculous as a right
derived from such a source may appear at this time, it was not then thus
considered by Spain; and the western boundary of Brazil is to this day
regulated by the division line prescribed by the Pope.
Public-domain text, read in full here on John Shaqi.
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