The Sun.
London, England, 1846-01-06 00:00:00

THE OREGON QUESTION.
(From the Morning Herald.)
It is remarkable that so few writers, either in Eng-
land or America, rest the dispute about the Oregon
territory upon the just ground, viz., superiority of title.
Yet this is, after all, the real question at issue. It is a
simple case of right or wrong, without the possible in-
tervention of what Lord Eldon used to call a grey case.
America, as Mr. Polk has truly said, is entitled either
to the whole or to no part of the territory in dispute.
There is no via media in establishing, whatever there may
be in enforcing the claim. We echo Mr. Polk's decla-
ration—Great Britain is either entitled to the whole or
to no defined part of the Oregon, though she would still
possess the right to a joint occupancy, under the provi-
sions of the Nootka convention. But England and
America, assuming the question of title to admit
of doubt, are not in the same position, and do not
urge the same pretensions. If we had originally
no valid title to Oregon, we disclaim any that
might be supposed to arise on the construction of
the treaty of 1827, and accordingly are bound to
concede the whole to America. Let America, if the
right he on her side, possess every acre of land and
water in the disputed region. But if, on the con-
trary, the British title be clear as the noon-day sun,
which is our conscientious conviction, we yet do not
claim to monopolise the whole benefit of the western
shore. England has no desire to act the part of the
dog in the fable, depriving her kinsmen in America of
advantages which she cannot use herself ; but, on the
contrary, is content to share them with the Common-
wealth. Oregon's chief importance springs from the trade,
yet in its infancy, with China. England, moreover,
has expressed her entire readiness to open to American
enterprise ports to which her title is beyond question.
The navigation of the Columbia, affording a very easy
communication from the interior to the sea, is the next
matter of importance to which the conflicting claims
are directed. But England does not seek to engross the
sole use of the river, but offers to share it with the
United States. The pretensions put forward by Ame-
rica reach to a monopolisation of everything worth
caring for westward of the Rocky Mountains ; and
this distinction between the claims of the compet-
ing nations raises, in the absence of direct and con
elusive testimony of title, a presumption in favour of
Great Britain. But the question of title is not a doubt-
ful one—no, not for a moment. Great Britain is, in-
contestably, proprietrix of every acre of land or water
that lies within the disputed boundaries. To confirm
her title, precedent, fact, and every known law of the
civilised world have harmoniously and irresistibly com-
bined, and we offer the following general observations in
support of this view. The American title to Oregon is
resolvable into three distinct branches,—first, that ac-
quired by the purchase of Louisiana in 1803, from the
French liovernment ; secondly, the right derived from
Spain, by the convention of Florida in 1820 ; and, lastly,
the rights acquired from the discoveries and exploration
of American citizens subsequently to 1782. With re-
spect to the title dependent on the cession of Louisiana
by the French, we would observe that France never pre-
tended to any dominion westward of the Rocky Moun-
tain, and in support of this statement we quote the lan-
guage of Mr. President Jefferson, employel by him in
letter hearing date 1803. He says :
" The boundaries (of Louisiana), which I deem not admit-
ting question, are the high lands on the western side of the
3lississippi. enclosing all its waters (the Missouri, of course),
and teriniaating in the line drawn from the north-west point
of the Lake of the Woods to the nearest source of the Mis-
sissippi, as lately settled between Great Britain and the
United States."
This admission of its chief magistrate disposes of the
title of America in as far as it rests upon the purchase of
Louisiana, and, to use Mr. Cushing's own words, it is
now tao late to attempt impeaching a title so admitted,
even were the pretended discoveries in France of the
hon. gentleman better authenticated than they are. Mr.
President Jefferson, then, having relieved us from
arguing on the right derived through France, we come
to ,he Spanish American claim, and we may preface our
arguments by remarking that the alleged title of Spain
depends entirely upon discovery and settlement, which
we shall hereafter consider. The Spanish American
claim rests upon the treaty of Florida ratified in 1820,
by which Spain ceded to America such rights over the
estern coasts as she herself possessed. If at that period,
1820. Spain had a valid title to Oregon, without im-
peaching the original title of Spain, Great Britain
is precluded from disputing the American claim;
but if, prior to 1820, Spain had already parted with her
interest in the subject matter of the dispute, the American
claim, so far as it depends on Spain, at once falls to the
ground. But is a valid title in Spain at the date of the
treaty of Florida compatible with the received construc-
tion of the Nootka convention of thirty years previously
—viz., of 1790? We think not. For, consider the cir-
cumstances that led to the ratification of the latter treaty.
In the year 1788, Esteban, a Spanish officer, proceeded
to Nootka Sound for the purpose of founding a settle-
ment. It happened that about the same time Captain
Meares, and other British subjects, arrived in the Fe-
lice on the same coast on a trading expedition, and in the
course of the following year were seized by the Spanish
authorities. The result of this aggression of the Spanish
Government was a remonstrance, and subsequent nego-
tiations between England and Spain, which termi-
nated by Spain submitting without reserve (we cite Mr.
Cushing) to the claims of the British Governmeat. By
the convention which succeeded, the free commerce of
the north- western shores, and the right of found-
ing settlements, were guaranteed to both countries.
There cannot, therefore, be a doubt of the right of this
country to found settlements in, and trade with, the
north-west shores of the Pacific, even under the title of
Spain, which America has so earnestly laboured to es-
tablish. We next arrive at the question of priority of
discovery and settlement, and we shall confine ourselves
to a comparison of the titles of England and America in
their own right, because the derivative title of America
we have already disposed of by the confession of Pre-
sident Jefferson, and, secondly, by the Nootka conven •
tion. If the discoveries of Spain established a title to
Oregon, Great Britain has succeeded to it by the treaty
of 1790. But to proceed. By the law of' nations, the
navigator who first lands on an unappropriated shore
conveys a presumptive title to his native country,
not only to ports, bays, and rivers, but also to
the interior. On this principle alone did Spain make
title to her once vast trans-Atlantic possessions, and un-
less the principle be disputed, which we cannot suppose
possible, the title of Great Britain to the whole of
Oregon, river, plain, and mountain, is complete. The
first known circumnavigator was Drake, who, in 1581,
sailed along the entire length of the north-western coast
of America, and on several oecasions planted a European
standard on the then supposed fabulous western shores.
Wake was followed by Cook in 1777, who visited every
bay and creek of the long line of coast, of course many
y ears previous to the establishment of the American
Republic. In 1786 Captain Meares actually
entered the mouth of the Columbia River, and
bestowed the name it now bears upon the
northern promontory. These acts, performed by
British subjects, all occurred prior to any attempt
on the part of the States to explore or settle the
region lying to the westward of the Rocky Mountains.
Te combat these cogent claims, the American Plenipo-
tentiary resorts to aisubtle and untenable distinctions
between landing on the shores and penetrating a few
mile i into the interior. Though Captain Meares, argues
Mr. Buchanan, was the first to anchor it the mouth of
ties river, Captain Gray it was who acquired for his
ceuntry a right to the navigation and to the surrounding
territories by ascending a few miles towards the source.
And the saute kind of argument is employed against
Captain Vancouver's discovery in 1792. But what if
we were to admit the validity of this distinction, savour-
ing as it does or special pleading ? Why, the American
Charge d'Affaires himself abandons it in attempting to
make out the claims of the Spanish adventurer, Perez.
We (note the following :-- •
" lc is unnecessary to detail the discoveries of the
Spaeiards, as they regularly advanced to the north from
their settlements on the western coasts of North Ame-
rica until we reach the voyage of Captain Juan Perez.
in 1774. 'nit navigator was commissioned by the Vice-
roy
ot stsaico to proceed in the corvette Santiago to the
GO:h degree ef north latitude, and from that point to
exemine the coast down to Mexico. He sailed from San
13!as of the 25th of January. 1774. In the performance
of this commission, he landed first on the north-west
coast of Queen Charlotte's Island, near the 54th degree
of north latitude, and thence proceeded south along the
shore of that i-land, and of the great islands of cluadm
and Vancouver, and then along the coast of the Conti-
nset until he reached Monterey. He went on shore and
hell intercourse with the natives at several places, and
especially at the entrance of a bay in latitude 49i de-
grees, which he called Port San Lorenzo, the same now
known by the name of Nootka Sound. In addition to
journals of this voyage, which render the fact incontes-
teele, we have the high authority of Baron Humboldt in
its favour. That distinguished traveller, who had access
to the manuscript documents in the city of Mexico,
state that Perez and his pilot Estevan Martinez, left
the port of San Bias on the 24th of January, 1774. On
the 9th of August they anchored (the first of all
in
European navigators) Nootka Road, which they
called the Port of San Lorenzo. and which the illustrious
Cook, four years afterwards, -called King George's
Sound."
In this passage the coasting andnlostnsdeienf are the founda-
tion of the claims ; but we do
Spanish title, which runs up, as we have
our own. e shall merely point out the inconsistency
into
or :he American Plenipotentiary, and the absulurtillsratearligneuy-
ments he adduces in support of his demands.
Amleerzeanntecri4g2
thing turned, which it does tot, on
square miles discovered and
kenzie, a 13:itish subject, carried his discoveries in 1789
preceded him ; bat, in truth, no
rate tier than any who
claim (eta be based on such a circumstance only. At.
this thy many
hundreds of
United s square miles within the
a
of the tat have never
MI r
a boundaries
1 "tt
been visited by civilised insn ; but the States, never-
thel claim these unknown regions
_ part of their
dominion, and would naturally and with reason repel
any intrusion. The rule of national is 4- [nue prev ia f—
illet he who first discovers the shore acquires a titleto
the e. djacent lauds, and on this principle of law the
title or Great I.lritaiu to the wholeineontestible. long already on
of Oregon meals
ottreaders, but
the patic,nce
,wf We hate trespassed too .
in attention to we cannot forbear can
most exttaordinary
embodied in a state argument ever
title
prove that the. Atneicaper. Mr. Buchanan, in order to
England, writes thus : an'
"Even British geogra" h is, generally admitted in
to the territory in disa"sete bane
not doubted our
till a
splendid globe now in the Department ofe
There is
thearge and
ei:ntly received from London, and owe re-
and Co., manufacturers and pubM..74.ned bY Maltby
for the Diffusion of Useful Knowls ilge
_e,' which assigns
the SocietyY
this territory to the United States."
We have not seen the globe to which the
Armen
Plenipotentiary refers ; but if his argument
anything, we would direct his attention to the m p
rtt
as
'-
Mr. Wyld, one of the first geographers of the
age
which Oregon is not assigned to the United States;asin