140 TJiE CITY OF PORTLAND
whole of old Oregon, from Mexico clear up to the Russian possessions of Alaska at fifty-four degrees and forty minutes north latitude, we will give the record showing Spain's transfer of that title to the United States. On Feb- ruary 22, 1819, the United States made a treaty of amity settlement and limits with Spain in which the king of Spain ceded to the United States all the rights of Spain to all the territory on the American continent east of the Arkansas river, and all north of the forty-second parallel of north latitude ; and the United States ceded to Spain all claims and pretentions to territory west of the Arkan- sas river and south of said parallel of north latitude. This gave to the United States all of Spain's rights to old Oregon ; being all the territory west of the Rocky mountains lying north of said parallel of latitude and up to fifty-four degrees and forty minutes north.
In a treaty with the Russian empire signed at St. Petersburg, April 17, 1824, Russia recognized this right of the United States in the third article of said treaty, which reads :
"Article 3. It is, moreover, agreed that hereafter, there shall not be formed by the citizens of the United States, or under the authority of the said states, any establishment on the northwest coast of America, nor in any of the islands adjacent to the north of fifty- four degrees and forty minutes of north latitude; and that in the same manner, there shall be none formed by Russian subjects or under the authority of Russia south of the same parallel."
No nation has ever been more careful of its treaty obligations or better in- formed of the boundary rights of other nations than the empire of Russia; and it is not to be thought of for a moment, that Russia would in this manner recognize the rights of the United States to make settlements up to its own south boundary on the Pacific, if we did not possess such right.
In addition to the grant from Spain, the United States had the further grant from France in the sale of Louisiana in 1803. By that purchase from France the United States acquired the rights founded on the doctrine of con- tinuity, the right arising from holding contiguous unclaimed lands. In the treaty of Utrecht, made between England and France in 1713, France was con- firmed in all the territory from the Mississippi line Vv^estward to the Pacific ocean. By that treaty England received Canada and Illinois, and renounced to France all west of the Mississippi and from the heads of all streams empty- ing into Hudson's Bay clear over to the Pacific ocean, subject, of course, to any claims of Spain. For the integrity of this principle of continuity of terri- torial rights. Great Britain waged the war of 1763 against France, and by the treaty which ended that war. Great Britain transferred to France whatever rights or benefits that might accrue from the recognized doctrine of continuity, and forever barred England from asserting any claims to anything west of the north and south Mississippi line. And when the United States made the treaty with England in 1783, at the close of the Revolutionary war, this country be- came the successor of Great Britain to all territorial rights west of the Missis- sippi line, and in purchasing out the rights of France in 1803, in the Louisiana purchase, this country furthermore became the sole owner of all rights of both England and France to all the region west of the Mississippi. So that the only tract of territory that there could be any possible dispute about, was that part of old Oregon west of the Rocky mountains, north of the 49th parallel of north latitude up to Alaska. And that, as we have shown clearly, belonged to Spain and was transferred to the United States by Spain in the Florida treaty of 1819.
But nothwithstanding this clear record title, when our government came to deal with the actual possession of the country, when American citizens wanted to come in for settlement and trade, it made a sorry mess of the business. When President Thomas Jefferson purchased Louisiana of France, and hastily sent out Lewis and Clarke to explore the country, he unquestionably believed the United States had a right to colonize the country. As has been stated be-
