1818.] PRETENDED RESERVATION OF BRITISH RIGHTS. 311 



ment : " the plenipotentiaries add that " this instruction was ex- 

 ecuted verbally by the person to whom it was addressed." The 

 other document purports to be a copy of the despatch from Lord 

 Bathurst to the partners of the North- West Company, mentioned in 

 the Act of Delivery, presented by Messrs. Keith and Hickey, direct- 

 ing them to restore the post on the Columbia, " in pursuance of the 

 first article of the treaty of Ghent," in which the words "■ without, 

 however, admitting the right of that government to the possession in 

 question " appear in a parenthesis.* 



Without inquiring, at present, whether or not Astoria was a 

 national possession of the United States, agreeably to the rules and 

 definitions laid down by writers on national law, there can be no 

 difficulty in showing that it was such according to the principles and 

 practice of Great Britain ; and for that purpose, it is necessary 

 merely to refer to the circumstances attending the dispute between 

 that power and Spain, in 1790, when the British government re- 

 quired from Spain the surrender of a territory discovered by her 

 navigators, and occupied by her forces, on the ground that it had, 

 previous to such occupation, become the property of British sub- 

 jects. Whether Astoria was a military post or not, could be of no 

 consequence, as the treaty of Ghent provides for the restoration of 

 " all territory, places, and possessions, whatsoever, taken by either 

 party from the other, during the war," except those on the Atlantic 

 side of America specially named ; and that the establishments on 

 the Columbia were so taken by the British during war, has been 

 sufficiently proved. The right of the United States to make settle- 

 ments on the Columbia, existed previous to the foundation of As- 

 toria, in virtue of the discoveries and explorations of their private 

 citizens and public officers ; and that right could not be lessened, 

 by any subsequent acts of their citizens, without the consent of 

 their government. The agents of the Pacific Company, in expec- 



* The following is a copy of this despatch, as given in the British statement, which 

 will be found among the Proofs and Illustrations, in the latter part of this volume, 

 under the letter H : — 



"Downing Street, January 27th, 1818. 



" Intelligence having been received, that the United States sloop of war Ontario 

 has been sent by the American government to establish a settlement on the Columbia 

 River, which was held by that State on the breaking out of the last war, I am to 

 acquaint you that it is the Prince Regent's pleasure, (without, however, admitting the 

 right of that government to the possession in question,) that, in pursuance of the first 

 article of the treaty of Ghent, due facility should be given to the reoccupation of the 

 said settlement by the officers of the United States ; and I am to desire that you 

 would contribute, as much as lies in yqur power, to the execution of his Royal High- 

 ness's commands. I have, &c. &c, 



"Bathurst." 



