The quarterly of the Oregon Historical Society, Vol. 1, No. 2, June, 1900Oregon Historical Society
History
The quarterly of the Oregon Historical Society, Vol. 1, No. 2, June, 1900
Oregon Historical Society
Oregon -- History -- Periodicals
Louisiana had been purchased by the United States from France, or,
rather, from the First Consul, who at the time embodied in himself the
government of France. Spain, however, though by a convention three
years before the sale having agreed to retrocede the territory to
France, had remained in possession almost to the day of its transfer to
our government, so that possession of the territory virtually passed
to the United States immediately from Spain. The transfer left Spain
still with possessions within the present boundaries of the United
States of vast extent and of immense value. East of the Mississippi
were the Floridas, and west of that river was a great region extending
from the ill-defined western boundary of Louisiana westward to the
Pacific. These were conceded possessions of Spain. Besides, Spain was
a claimant, on the grounds of discovery and exploration, of the Oregon
country.
Spain had long claimed exclusive sovereignty over this region, with
the right to forbid the encroachment of other nations, on the ground
that it belonged to that region allotted to her by the bull of Pope
Alexander VI. England had never recognized Spain's claim to exclusive
sovereignty based upon papal authority, but had asserted her right to
settle upon any lands included within the limits prescribed by the
papal bull, even if discovered by Spain, if, after a reasonable time
allowed for settlement had passed, such lands remained unoccupied. This
attitude of England's appeared in her policy as early as the reign of
Elizabeth; it appears in the Queen's reply to the Spanish ambassador
on occasion of his remonstrance against the expedition of Drake, "that
she did not understand why either her subjects, or those of any other
European prince, should be debarred from traffic in the Indies; that
as she did not acknowledge the Spaniards to have any title by donation
of the Bishop of Rome, so she knew no right they had to any places
other than those they were in actual possession of; for that their
having touched only here and there upon a coast, and given names to
a few rivers or capes, were such insignificant things as could in no
way entitle them to a propriety further than in the parts where they
actually settled, and continued to inhabit." This principle, thus early
enunciated, of actual settlement as essential to ultimate validity of
title, is important to note, not only for its bearing against Spanish
pretensions at this time, but because of its ultimate and decisive
effect as against England herself in the settlement of the Oregon
question. The same principle emerged again in 1770, in the affair of
the Falkland Islands, and again still more distinctly ten years later
in the Nootka Convention. The point at issue in each of these cases was
that Britain claimed the right to make settlement upon a part of the
American coast claimed by Spain but remaining unoccupied by her, while
Spain denied this right and asserted her exclusive sovereignty over
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