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A N S AV E 11
TO Tilt
STIIICTIRES OF MK. THOMAS FAl.("0>sER
OF MNCOJ.N'.S INN,
ON
Tin: IIISTORV OF OliKGDN AM) CALIFUKNIA,
BV ROHEKT (JREKNHOW.
Ln |)ul)lisliinir the second edition of my I listory of Oregon ;iinl CidiCornia,
I lliink it proper to present some observations, in answer to tlie stric-
tures on the first edition, made by Mr. T. Falconer, of Lincoln's Inn, in
his work " On the disrorcri/ of the Mis^i.-sijipi, mid on the South-west-
ern, Oreiron, and Norlh-wcslcrn Boundanj of tin: United Slates,'" which
appeared in LoikKmi in October, IN 1 I. These strictures are sli^litly noticed
111 the preface to my second edition ; l);il oliserviiig the importance as-
signed to them in London, I have been induced to answer them more par-
ticularly here.
iMr. I'alcoiier'sbook is a small duodecimo, containing ninety-six pages of
original matter, and as many more of translations from docuinriits toun 1 by
him in the Archives of the .Marine Department of France, relative to the dis-
covery and settlement of J^ouisiana. U{ these documents, tlic greater and
more valuable portion are already well known in the United States;* and
ji number still greater of more interesting |)apers, on the same subject, from
the same and other Archives, now lie in manuscript before nie, wliich have
evidently escaped Mr. Falconer's researclu's. i?ut while llius examining ar-
chives, and briiiginir liidden (bcuments to light, Mr. Falconer has most
singularly neglt.'cted to cast his ey(>s over works .•hic'i have been lonir I'e-
fore the workl : and of this neglect, liis book is in fact the fruit ; for
he has tiius been enabled to make many discover!' ■, new U) himself,
and to Imild on them along series of arguments, wiisdiwant nothing but a
foundation of truth to render t em irrefragable. Some of his principal
diseovi'ries of this kind I will now proceed to notice ; and they will serve to
show how much coiilidence is to be placed on his work, as evidence in
tlie important ipiestions of territorial right, now under discussion between
the IJritish and American governments.
'I'he first thirty-eight pages are devoted by Mr. Falconer to ''an ab-
stract of the events connected with the discovery, occupation, and settle-
" Sec Spnrks's Lil'o ol'Lii Sullo, uiid White's Ni-w Uecoiiilufion.
\
"4 ANSWKU.
mcnt of Louisiunn, iunl o\' ils traiisfi'v to flio liiiitcd Slates." Upon tins
traiisl'iT, he says, |iag<' lUi : —
"On October Isl, INOO, Louisiana was retroeedod l)y Spain to France,
' witli tile same extent iliat it now lias in tlii' liands of Spain, and that it
had, wiien FiaiRu; possessed it, and such as it slionid he after tht^ tri'aties
suhsefiucntly entered into between Spain aiid otliev States.' It was aii
act of retrocession, hut it transferred so inucli k-ss tlian l'"rance ori<,nnally
held, as had been shorn from it by the treaty of I7().'{, which gave to
Great Britain, tind tliroui:h (Jreat IJritain to the United Slates, nearly the
entire eastiM-n bank of the Mississipjii."
This all eorrecl ; now for the transfer of Louisiana to the United
States, respecting which, Mr. Falconer lias made a most notable discov-
ery. Continuing, he savs : —
"In iNOo, France sold Louisian;i lo the United States for eleven mil-
hons of dollars. The j)iiicliase included all lands 'on the east [iiiucre
west] side of the Mississi|)pi river, not then belonging to the United
States, as t'ar as the greU chain of mountains which divitle the waters
flowing into the Pacific, ;.nd those falling into the Atlantic ocean ; and
from the said chain of mountains to the Pacific Ocean, i)etwe(,'n the ter-
ritory claimed by Oreat Hr.cain on one side, and by Spain on the other."
— {Histonj of the Federal Government, bij Alden Bradford, Boston.
1810. p. l.SO.) No point was mentioned where the line in the chain
of mountains was to commence, nor where the tract of lain! lay, forming
a portion of Louisiana, lying between the territory claimed by Spain and
Great Hritain. France had nothing to sell but what constituted Louisiana
after the cession made to great Uritain, in 17();i. There was nt rertlieless
inserted in this treaty of sale, a reference to a perfeethj undt fined line to
the racific, having no defined jxiint of commencement, and referring to
territory having no definable boundary on llie north, or the south, or on
the east."
In a note to the passage quoted in this paracrajjli, Mr. Falconer says:
— " Mr. GreiMiliow, in liis elalxu-ate work on the Oregon ([uestion, has
omitted all notice of this very important passage."
This note siirpristMl nie not a little, as I was tinablc to see the iirpor-
tance of a passage c<jntaining merely a gratuitous, and ccrtaiidy un-
founded, opinion as to tlie limits of Louisiana ; and I couhl discover no
reason for which I should have noticed it. But liow mucli greater was
my surprise, on finding that ]\Ir. Falconer had presented this jiassaae as
a st.ipvlation in the inaty of Oitoher 1?*0.'{. That such a mistake could
have b(!en made by a man professing to instruct the world as to "the
South-western, ( (regon, and IS'orth-westi.'rn boundaries of tlie United
States," appeared preposterous : but on examining farther, no doubt was
left that such was his view, or the view which h»; endeavored to imp'ess
on others. In the many [lages whicli he lias devoted to the consideration
of this point, with the object of fixing upon the United States, the stigma
of having procured the insertion in the treaty of 1H08, of u clause, by
which they might afterwards, unrighteously, lay claim to the Oregon ter-
ritory, he returns again and again to this important passage, — his principal
cheval de hataille. After relating the |)articulars of the Florida treaty,
by which Spain ceded to tlie United Stales all her claims to territories on
f
i
ANSWER. 3
the Piicific siile of America, north of tho forty-second parallel of lati'ude,
he says, (p. IS,) "Thus was tiic iinilefinctl line from llic Kooky Moun-
tains to the Pacific, iiiscrtcci in tlic; treaty wilii France, converted into
a defined line." Spcakinif of the \vest(;rn limiis of Louisiana, (j). 60,) he
says, — "'I'liere was no strip of land to the west, helon^nii<r to Franc(>, us
nieniioned in the treaty o( INOIJ, ' iyini,' !Ktwce;i tin; territcjry claimed by
Cireat Uritain on the one side, and Spain on tiie other.''" — and (pa<re fil,)
when cornparin<i the provisions of the latter treaty with tin se of the Flor-
ida treaty, he remarks — "The treaty with h" ranee, in JM)H, professed to
give 'a line' across some country lying between the t(;rri;ory claimed
by Spain and (Ireat Hritain."
It is needless to say, to any one acquainted with the history of the
trnnsfcr of Louisiana, by France to the United States, that the treaty by
which that cession was ellected, contains no oilier words respecting the
limits of the country ceded, than those extracted from the treaiv of INOO,
whereby 1*' ranee obtained Louisiana from Spain, — viz.: "the colony or
province of Louisiana, with the same exterit that it now has in the hands
of Spain, and that it had when h' ranee possessed it; and such as it should
be, after the treaties subsequently entered into between Spain and other
states;" and that no other description of Ixumdarics could ever he ob-
tained from the h'reiKdi goverinnent. Mr. Falconer quoted these words
himself; but it is most charitable to suppose that he never saw the treaty,
as he nnist otherwise stand ami^nahle to the chariie of having falsely
brought forwaril the ])assa<:e forming the subject of these remarks, as one
of its stipulations, with the obiect eC defaming the American government.
Mr. Falconer next presents a review of the accoimts in my history, of
the discoveries of the Spaniarils, oi' Cook, and of the fur trac'ers, as also
of the preleiided Mritish settlement at Nootka Sound, of which !.(! says,
"the personal liicts of the case are not of the slightest imp(/rtai;ce;"
tliough upon those facts rests th(> whole quesli(ju as to llu; su|)( riority
of the Spanish, or of th<' British claim to the territory about Nootka.
lie then enters upon the examination oi'the rights derived from discovery
and occupation ot' a country, and (pioles a larife portion ol' the ohscu'va-
tions, in pages 1N7 to INJ) ot' my history, omittinir, however, some which
have an imporlaut 'xMring on the subject. Here be contends that "a set-
tlement nuist he understood to mean thi' estahllshment of the laws or
government of the persons making the settlement, with the consent and
authority of the nation to which they lieloiiij: ;"' that, "discoveries actually
aGCompatu\'<l b\' occupalitju, without such consent, do not entitle the
settlers to anv of tin? rights of their owi; governuieut, or to exercise any
power, (neii of the most inferior description, under liie pretcMice ol' being
a coloiiv ;" and that, " taking possession," — that is to say, the dceiaratioii
of the rii^ht of a soven.'ign, <jr state, by oik; of its olliecn's, to the pos-
session oi'ati uuoccupieil country, which lie may touch, " is the exercise of
a sovereign powt-r, a distinct act of legislation, by wliiidt the new territory
becomes annexed to the dominions of the crown." Ipon these gniinds
he regards the riiiht of LJreat Britain to the north-west coasts of America,
as paramount ; forgtMting, or concealing the facts, that Spanish oiriccrshad
laiuied on tdl those coasts, and on each occasion ha I most furmally
taken possession, in the name of their monarch, and had m.u'e a settle-
4 ANSWER.
meiit by tlircct and s|u'cial orders, from tlieir i»ovcrnmont, Ijcforc any
attcMipIs fur tilt" same piirjiosc liad hccn made tliorc hy tlic pcoiih; of any
oilier niition ; and that no authority on tlie part of tlio British jiovonunent
was aUejfed by tlie cl.imants of XootUa Sound, wliose cause was sup-
ported by thai i)o\ver in HiU), at tli(! risk of a war with Spain. Kcpially
careful is Mr. Falconer, to omit all the material arirunients adduced by
me, with regard — to t.ie controversy between Vancouverami the Spanish
Commissioner at Xootka, in 17!):2 — to the e.vaminatiuns of the Colund)ia
and the adjacent coasts, by CJray, and by the British navigators — to the
American settlements on the; Columbiii. and — to the pretended reservation
of riiilit by the British uovernment, on restoring those settlements in 1815.
On all these points 1 have nothing to change in the accounts presented in
my history. Mr. Falconer's not(> on his |iage OM, so far as I can unravel
its meaning, for it is reiulereil somewhat doui»tful l>y omissions, is as
direct and positive misrepresentation of my views, as expressed in page
281 of the history to which it refers.
At page S."), Mr. Falcone'' writes : "On the iiorih and north-western
boundary of tiie United States, 'Louisiana, it is said, stretcln'd from the
(iulf id' Mexico, to the iiorlhward and north-weslwanl, to an undefmed ex-
tent.' (Oreenhow, |). •■HG.) It van be most distinctly demonstrated, that
tiiero is not the slightest foundation for this statement."
Now in the first place Mr. Falconer has entirely mis(|uoted my expros-
sions. Specially reterring to the state of things at the commencement of
this century, I say *■' tlic territories of the Inited States were at that time,
all included between tlie Atlantic Ocean on the east, and the Mississippi
river on liie west. In the north were the British Provinces; in the wv.sl
lay Florida belonging to Spain ; ;ind beyond the Mississippi the Spaniards
claimed the vast rrgioii, called Louisi.'uia, stretciiing from the ( !ulf of Mex-
ico, nortliward ;uid north-westward to ;in uiuli'lined extent.'' These
observations, I reueat, refer only to the state of things in IH(H), when
Louisi;uia embraced no territory east of the Mississippi, except New
Orleans and its vicinity ; and nothing which I have seen has induced nie
to doubt their entire accuracy.
His conclusions on the subject are thus summed up in page 87 : " First
then, as a sid)ordiiiati' province partly fornK.'d out of I'anada, Louisiana
extend('<l no farther than tlu' distinct boundaries <d' it conld he shown;
secondly, it never extemled further iKjrth than thi; Illinois river ; thirdly,
the i|uestion of the e.Ment of Louisiana was argued at the peace of Hd'J;
fourthly, ("anada in its full extent was ceded to (ireat Britain ;nnd, lastly,
the olVicial map used by France in its neiroliations with (Ireat Britain, in-
conteslabiy pnjvcs, that the country north ami north-ucst of the Mississip-
pi was ceded as the Province <if C-'anada. No better authority for the
above statement t;an be citrd, than M. Dullot de M(d'ras, a gentleman at-
taciied to the l'"rench legation at Mexico, and the author of a work on
California, |»ublished by order of the French Government — to avoid
the possibility of misinterpretation, his own words cited."
• )f tlicsn conclusions it will be necessary to examine only the last, to
which the others are subordinate ; it is thus fartiicr explained by Mr. Fal-
(•(puer. '" P)y the seventh article of this cession" [the treaty of 17(!!{ be-
tween I'r.ince and Oreal Biitainj " the line drawn from the source of the
r
I
ANSWER. 5
River Mississippi, to the south, gave to(Jreat Britain all the lands on the
east hniik ufthe river, and secured to France and throufih it to S|)ain, tlic
territory west of the same line. But the territory of Canada north of the
source of that river, (17"' 10 N. L.) and north of a line, running west of
the source of the river, was left as a part of Canada, of which it most iii-
disputahly t'ormed a portion."
.\Ir. ["'aiconer here |)laces his meaning heyond que.ftion. Has he ever
read the charter of the Hudson's liay C'ompany ? Certainly not, or ho
would never have made this assorticjn. That charter was granted hy King
Charles tli(' Second in l(iti!t ; it conveys to the Hudson's hay Company
in full |)ossession, and almost in sovereicnty, "all those seas, straits, and
hays, rivers, lakes, creeks ami sounds, in whatsoever latitude they shall he,
that lie within the entrane(! of the Straits, connuonly called Hudson's
Straits, together with all the lands, countries, and territories, upon the
coast and confmes of the seas, straits, hays, lakes, rivers, creeks, ami
sounds aforesaid, which are not actually jjossessed hy any ol our suhjects,
or hy the suhjects of an) other Christian prince or state." The right
to these waters and territories was maintained hy (Ireat I'ritain in her
wars with France, and was contirnied in the treaty of rtrecht,and in all sub-
se([uent treaties helween those powers relative to territories in America so
long as Franci; held any possessions on the northern continent. The ter-
ritories thus granted to the Hudson's IJay Company extend west of the
.Mississi|)pi, and sotuh of tin; latitude of the sources of th.at river, and they
were always claimed and used hy that hody imtil iNlN, when the 4!)th
parallel of latitudi; was adopted hy convention hetween (!reat liritain and
the United States, as the dividinij line hetween tlieir possessions in that
part of America. Until the conclusion of that convention, the nothern
houmlaries of Louisiana remained itmhliiird — that is, undetermined hy ac-
cord of the parties interested, as I prove clearly in my paijes XJNl and UK).
Will Mr. Falconer now maintain that the t(M'ritories, thus irranteil to
the Hudson's Hay Comi)any in l(i(i}), most indis|)utal)ly form<'d a portion
of Canada, and therefore lieloniied to France uiuil HtW r If not, his whole
theory as to the western extension of Canada falls to the groiuid. Does
he not see, moreover, that if his argument he admit:od, hy the same rule
Louisiana must also necessarily have extended to the I'acific, emhracing
the whole lower portion and the mouth of the Columhia, which his govern-
ment is now so anxious to secure ?
What "• //((' (i/firial map used by Francr, in its 7i('<;(iti(tli()ns u'ith Great
Britain^''' was, wo are to learn from M. Duilot de ^hJfras. (,)n referring
to the (juotation from that author, we see, fu'st that, " All the old 7iiap;i,
in fact, in accordance with the authors most w^orthy of credit, carry the
limits of the French |)()ssessions of Canada to the South Sea."*
It is needless to wasli; time on such an assertion ; the erroncousness of
wliich, is shown hy every old atlas. The " aiillior vwst irorttiii of rrrf/fV,"
cited hy M. de Mofras, is J/Kscarhot, in whose history of New France,
printed in 10 17, after the settlement of Florida, New Mexico, Virginia
and the New Netherlands, the whole of the American continent and
*" Tollies Irs niiciouiff lartrK. en cllct (racconl iivi'c U's iiiUinir; Ic-s \i\nfi nvcrus
li'i'irrcti'Ut (iii';i la iiirr dii Sud, In liinitciios possi-ssioii Fr:inc:iitii'S iln Cuiirnhi."'
fi
ANSWER.
islnnds north of the Tropic of Cancer, is claiincd ns New Frnnce. M. do
Mofras continues : " Finally in a map, (Mii;rave(l in 17,')?, and annexed to
the Memoirs of tlio Commissaries of the Ivin<,'s of France and Fint,'land in
America, it may he sct-n heyund dunht that New France extended to tho
Pacific ; and on it will he found on the west coast of America, under lljo
•l(!th decree of latitude, a jireat river traceil in a (hrcction exactly conformu-
hie with that of the river Colunihia."*
'J"he work last cited, is a collection of statements, presented respect-
ively hy the Commissaries of France and Kiijiland, appointed under the
treaty of Aix la Chapellt! in 17 IS, to settle the limits of certain territories
in America. It is well known, antl may he found in all larije lihraries.
There are not less than four co|)ies of it in Washington. If Air. Falconer
will take tlie trouhle to examine it, he will lind the map in tho fourth vol-
ume, as specially stated hy M. dc Mofras, heinjj; indeed the only one in
the colleetioti, emhracinij the western part of America ; hut he will as-
suredly not fhid on it ain/ I'ircr nilrriii^ llif Pacijic from the interior of
Aiiierira, near the 4(i//( decree of lulilmlr, nor any river reannhling the
Columbia^ nor (unj allusion to Conwla or New France, nor any sign
whalsoerer of the exialenre of French iloviinion in America, 'i'he map
was in fact, drawn and presented hy the French Commissaries, as
its title purports, with the ohjcct of exposing the extravagant preten-
sions of the IJritish in America ; and iIk; whoh,' division of the con-
tinent from sea to s( a, hetween the lOth ;inil the INth j)arallels of latitude, in-
cludin<r, of coiu'se, nearly all Canada, appears on it as JS'ew Knirland.
Yet this map Mr. Falconer presents as " the ojjicial map used hi/ ['ranee, in
its iie>;olitilion:< with (ircal Britain,''^ (mistakui^f, as the context a!)undantly
siiow« the Clommissaries appointed under the treaty of Aix la Chapellc,
f rieiiipotentiaries who sii^ned the treaty of Paris :) and as incontes-
ta ovini; " thai the coiinlri/ north and north-west of the Mississippi^
1 i ..led as the proeinee of Canada.''''
The quotations from M. DuUot de Mofras, are made from some articles
by him on ( )re!jon, wliicli appeared in the Paris .lournal des 1 )ehats. This
gentleman lias since puhlished, und( r the auspiees of the French govern-
ment, a work on t^reiion and California, professinir to lu; ttie results of
personal examination of those countrit s, and of subse(juciit laliors and re-
searclies ; i)iit in reality containing little else than extracts from my his-
torj', with alterations to suit the views of the author. The conclusions of
M. de Mofras are — that Canada certainly extended to the Pacific — that
the Canadians are now as yood FVenchmcn as in the da\s of Beauharnais
— that they will soon throw olf the defesfed yokeof (Ireat Britain, and
will then forma grand Franco Canadian Hmpire, extending from the At-
lantic to the Pacific, and emhracing Oregon, which will be bound to
France by every tie of religion, feeling and policv.
It will be uniiecessury to pursue farther, the evidence of Mr. F^alconer's
""Enfin, 'l;uis nnc ciirtp },'rav^'e en 1757, at nmipxec mix Menioirps dos Commis-
sniri'S des Rois kV' Fiaiice et d'Anj-lt'tcrrc en Aiiu'riqiU', en pout coristiitcr, que Id
Novcllc Fruiii'L' s'lti'iulait iusqiii- a l;i nicr Piiciliqiu' ; et I'dii y tronvc, ii hi cote
oucst (If rAmr'rii|ii(', sous le .1(1'' ilfirii', unc i;ran(l riviert-, truefL' (l.iiis iiiu- <Iiri'('tion
t'xactiuicnt coul'urnii' ii cillt; du Rio Coluuiijia."
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I
ANSWER. 7
incompetency to treat the important matters to which he has devoted his
nttentioii in this vohimc ; or to expose liis mistakes, misciuotations, and mis-
representations of iill kinds. In his conchiding page, he declares that" It
is nut hunorahle, while the title to the territory of Oregon is undetermined
between the respective governments, to urge measures lo pojnilate it with
American citizens, in order to give facilities for its occu[)ation at a future
period." ( >u this point, I will simply refer him to the letters addressed hy
Messrs. Pelly and Simpson, tl>e governors of the Hudson's IJay Company,
to the Colniiiul Department, in IKH, soliciting a renewal of their charter,
as puMished hy order of parliament in IHIO, where he will find, that those
pentliMnen claimed and received the aid and consideration of i^ovvrnment
for their encn;!/ and success in ejiiellimr the Americans from the Colum-
bia reiiions^ and J'crming silt/cmeuts there, by means of lohich they ivere
rapidly converlinir Oregon into a British colony. Since that period
things liave changed ; and nothing hut prudence is required, on the i)art of
the American government, to convert OreTOU, ere long, into a State of the
Federal Union.
ROBERT GREENHOVV.
Washington, April, 1845.
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