The Sun.
London, England, 1846-01-02 00:00:00

THE OREGON QUESTION.
(yrom the Times )

Our columns orMonday contained, and were almost
monopolised by, the prolix and interesting, but not amus-
ing correspondence carried on during the last twelve-
; month between our Minister to the United States and
the two foreign Ministers of the Republic, Messrs. Cal-
i houn and Buchanan. Without at all professing to:dis-
sect these State papers with the accuracy and naiOate
criticism which their importance deserves, we may yet
lay before our readers a summary of the more salient
Ipoints which this voluminous correspondence presents.
Statestbe effect
ec
to t (1)
The first letter of the American Minister, Mr. Cal
houn, dated September 3, 1844, commences rather omi-
nously
The undersigned declines the proposal of the )3ri-
-1 tish Plenipotentiary, on the ground that it would have
ifruit
s restrictingfar
morethe
circumscribed possessions of thetha
than
t e `fed
r
claims clearly entitle them to. It proposes to 1 mit
their northern boundary by a line drawn from the
Rocky Mountains, alone: the 49th parallel of latitude
detached ;
a Great
territory
l Britain,o which
to the north-easternmost branch of the Columbia riser,
e e ncp, sod, in
t addition;
and thence down the middle of that river to the pea,
g
the United Staies all south of that line, except
a
h h
a it extending
1 t
is the
ri
onand the Straits of Fuca from
pdgu,net on, the north,
he
Pacific,
to ot,,
J3o ulfinch's Harbour, to
Hood's t
co a
n
make free to the United States any port which 'the 1'
United States Government might desire, either on :the
mainland or on Vancouver'a Island, south of latitude 49
degrees."
His successor, Mr. Buchanan, Concludes his letter,' of
the 12th of July, 1845, by proposing to the British Go-
vernment, in the name of the President, that
" The Oregon territory shall be divided, between the
two countries by the 49th parallel of 'smith -latitede
from the Rocky Mountains to the Pacific Ocean ; offer-
ing, at the same time, to make free to Great Britain slily
port or ports on Vancouver's Island, south of this Pa-
mild, which the British Government mt,y desire."
It will appear, therefore, on reference being madai, to
the map, that the representative of the .American
Government claimed for his country all the district be-
tween the 49th degree of not th latitude, including Ihe
Columbia River and the land on each side of it, and its
el ueively only of euch port or ports on Vancouver's Island
as we might wish to retain, south of this line ; whilst,
on the other hand, our Minister claimec . on our behalf
all the territory that lies to the north and north-west
of a line continued from the present boundary in he
parallel 49 degrees to the north-east pulpit of the Co-
;umbia, and drawn through that river to the sea, with the
reservation of a coast district in favour of America. 'A
glance at the map will show that the objectof both diplo-
matists was to obtain for their respective countries the
navigation of the Columbia and the possession of the poke
at its mouth. The former of these the American Mi-
nister claims for the United States exclusively ; whilst
ours was content to share both the benefits of its navi4a-
don and the possession of its banks on equal terms with
the counter-claimant. But the terms proposed pleased
neither party. Mr. Pakenl.em expressed a hope that the
American Government would be " prepared to offer some
further proposal for the settlement of the Oregon ques-
tion more consistent with fairness and with the rea-
sonable expectations of the British Goveimment."
And Mr. Buchanan replied to this in a letter which
concludes the published correspondence, by withdrawing
the proposition previously made by the United States
Government to Great Britain. Such is the aspect,'as
yet revealed, of our diplomatic relations with the Ameri-
can republic. It is one which presents difficulties, but
not such difficulties as can only be cut by the sword.
The correspondence which has taken place, while it re-
flects great credit on the talent, is no less creditable to
the temper, of those who have conducted it; and though
we might be disposed to carp at some of the verbal
sophisms and special pleadings employed by Mr. Buchanan,
we are more inclined to praise the unbluster-
ing and dignified tone which distinguishes both
his and his predecessor's communications. The
rights on which rest the claims advanced by
the Ministers of the two nations are threefold ; viz ,
those of discovery, occupation, and the transmission
of Spanish rights. England claims the valley of the
Columbia River, and the coast to the south of
Vancouver's Island, on the authority of. disco-
veries by Cooke, Vancouver, and Mackenzie ; on
the authority of the Nootka Sound Convention in
1790 with Spain ; and of settlements effected and
maintained at different ti mes by British subjects. The
United States claim the territory on the ground of dis-
coveries made by her citizens Gray, Kendrick, &c.; of
the cession made by Spain in 1819 ; and of occupation
and settlements previously, as well as afterwards,
effected by American traders. It will be obvious that
the right of sovereignty which attends discovery, unless
backed by some decisive measures on the part of the
Government by whom or by whose subjects the disco-
very is made, is worth very little. Did the rule prevail
that every nation was entitled in perpetuity to the sove-
reignty of any terra. Ty discovered and claimed by any of
its subjects, without any immediate act on the part of its
Executive to enforce such claim, the tenure of most colonial
dependenciesat the presentday would be one of very equi-
vocal legality ; and, indeed, there is so much obscurity
and doubt hanging over the history of all territorial
discoveries, that it would be difficult to suggest a worse ,
title than that which is conferred by the assertion of
such a claim, uwupported by any evidence of confir-
mation by the Government in whose behalf it is repre
stinted to have been made. In the present in-
stance the honours of discovery appear to be
due to a Spanish navigator of the 17th cen-
tury, Juan de: Fuca, who has given his name to the
strait that separates Vancouver's Island from the main-
land. Nor is a much better title afforded by mere oc-
cupancy unprotected by the home Government of a
state, an( unrecognised by foreign nations. The question
of right is thus narrowed to the consideration of the
original proprietorship, and subsequent alienation. The
American Ministers assert, not only the valley of the
Columbia, but the whole of the Oregon territory—and
territory as far as the 52d degree of north latitude—be-
longed to Spain, and was by Spain transferred to the
United States at the treaty of Florida in 1819. Tbey
say that they have a title not only to the valley drained
by the Columbia, but also to the whole of the
Oregon ; and they take credit to themseh es
for evincing no small moderation in proposirg the
parallel of the 49th degree as a boundary line. The
question, therefore, arises, which is the better claim ;
that which is founded on the treaty by Spain with Eng-
land in 1790, or that which rests on the Florida treaty
with the United States in 1819 ? By the former Spain
agreed to give indemnity to British subjects dispossessed
of their settlements about Nootka Sound, and to gua-
rantee the same liberty of access to the citizens of both
nations, "as well in those parts which were to be re-
stored to British subjects," as in the other part of North
America, which then belonged to Spain. By the latter
she ceded all her authority and jurisdiction over her
provinces in North America to the United States.
Now, when it is recollected that in 1789, Spain
abandoned her settlements in Nootka Sound, and
that from this time she appears to have ne-
glected this portion of her colonial empire alto-
gether, it seems a very questionable doctrine to hold
that any treaty made 30 years afterwards could trans-
fer to another nation possessions left, and recognised as
left, in the hands of Englishmen. The only parties to
the treaty of 1790 were England and Spain. The
country which was the subject of the treaty was after-
wards abandoned by Spain. The parties expressly men-
tioned in the treaty as to be " indemnified ' and " re-
stored " were English. It seems difficult to avoid one of
two conclusions on premises like these, viz., that the
property and possession of this district were virtually
ceded to England, or that Spain and England were to
hold it on terms of joint occupancy. In the former case
Spain could have no right whatsoever to transfer it
by a treaty made 30 years afterwards ; in the other
she could only surrender the moiety of her posses-
sions and rights which she shared with England.
In neither case can the United States claim the exclu•
sive sovereignty of the Oregon territory. But we are
aware that it is not the equity of a title which is alone
allowed to determine questions of this kind. The inte-
rests of the litigant parties form an important element
in the materials for the deliberation of diplomatists. It
is for the advantage of the two countries that the dis-
pute should be speedily settled ; it is for the advantage
of the whole civilised world that it should be settled.
amicably. it would be monstrous that two nations:
which have for twenty or thirty years been enjoying.
this vast territory on terms of joint occupancy,;
should now proceed to a violent and sanguinary ter-
mination of their several claims. It would be monH
strous that claims virtually disallowed by the hitherto
existing conditions of settlement should now be
set up to deprive British settlers of some of
,the chief
advantages which they have heretofore possessed in
security. If Great Britain had no right to any portion
of the Oregon territory, or if the occupation of the
Columbia valley was an invasion, how comes it that the
United States Government did not remonstrate long;
ago ? Why were Englishmen allowed to settle at all mil
the Oregon ? How came they there at first ?
The
answer is plain. There could have been
exclusive
to the
right avowed on the part of the United States
possession of this district at the period of their first d
.
settlement. There is nothing of the pretended to
in this correspondence. The whole country was prob-
ably regarded as open to the c
lonists of every slat' •
Afterwards, the treaty of Floridawas pronounced
or pretended to have ceded the entire gmernment of
it to the United States. But the very policy a
pursued by
them shows that they felt the difficulty of acting upon
such a title. And, if there were difficulties then in the
way of an exclusive claim, there are no less difficulties
now, when the numbers of the settlers have been in-
creased and their relations complicated by time. It
must be a wetter of arrangement. Each of the two
nations has enjoyed the full advantages of the district,
in respect of rivers and harbours. It would be unjust
to make such a partition as would take from the subjects
of either state privileges to which they have been accus-
tomed. Great Britain proposes to civide the use of the
Columbia River with America. Why should the latter
reject this offer ? The subjects of Great Britain have
hitherto enjoyed this privilege in common with American
citizens. It would be carrying concession to the verge of
servility were the English Government to assent to such
a deprivation without obtaining ',rime compensatory
benefit ; and why did the American Government reject
the proposal of submitting the question to arbitration ?
The English Government has no other desire on this
subject but that which inspires the English people to act
in the spirit of fairness and of peace. It covets no ex-
tension of empire ; it seeks no unjust aggrandizement ;
it oarnestl) deprecates the notion of hostilities between
two kindred nations, but as earnestly revolts from the
idea of neglecting a few helpless subjects in a remote
and unprotected district, or of submitting to any sacri
Lice incompatible with the national honour. It, there-
fore, would willingly confide the decision of its claims
and the definition of its rights to any impartial arbiter,
if it should be found impracticable to arrive at a
factory settlement by negotiation,