The Sun.
London, England, 1845-05-23 00:00:00

OREGON TERRITORY.

CONVENTIONS WITH THE UNITED STATES
TO THE OREGON TERRITORY.

The conventions in force have evidently been founded
upon a treaty between England and Spain, concluded at
the Escurial, on the 28th October, 1790, and well known
as " the Nootka Sound Convention." It is upon this
convention that the right to the Oregon territory really
turns ; for, in the treaty between Spain and the United
States for the purchase of Florida, Spain conveyed to
the United States all its rights, privileges, and immuni-
ties, with respect to the north-west territory of North
America, held by it under the Nootka Sound Conven-
tion, to the United States ; and any rights they possess
therein or thereto, they possess in virtue of their stand-
ing in the place of Spain. The following are the articles
in the convention of 1790, which relate to the territory
now called the Oregon :
" Art. 1. It is agreed that the buildings and tracts of
land, situated on the morth-west coast of the continent
of North America, or on islands adjacent to that conti-
nent, of which the subjects of his Britannic Majesty
were dispossessed, about the month of April, 1789, by
a Spanish officer, shall be restored to the said British
subjects."
The second article of this treaty authorises reparation
for all acts of violence and hostility committed, subse-
quent to April, 1789, by the subjects of either power ;
and by article 3,
" It is agreed, that their respective subjects shall not
be disturbed or m-lested, either in navigating or car-
rying on their fisheries in the Pacific Ocean, or in the
South Seas, or in landing on the coasts of those seas,
in places not already occupied, fur the purpose of car-
rying on their commerce with the natives of the country,
or of making settlements there ; the whole subject,
nevertheless, to the restrictions and provisions specified
in the three following articles :
" Art. 4. His Britannic Majesty engages to take the
most effectual measures to prevent the navigation and
fishery of his subjects in the Pacific Ocean, or in the
South Seas, from being made a pretext fur illicit trade
with the Spanish settlements ; and, with this view, it is
moreover expressly stipulated, that British subjects shall
not navigate, or carry en their fishery in the said seas,
within the space of ten sea leagues from any part of the
coasts already occupied by Spain.
" Art. 5. It is agreed, that as well in the places which
are to be restored to the British subjects, by virtue of
the first article, as in all other parts of the north-
western coasts of North America, or of the islands ad-
jacent, situated to the north of the parts of the said
coast already occupied by Spain, wherever the subjects
of either of the two powers shall have made settlements
since the mouth of April, 1789, or shall hereafter make
any, the subjects of the other shall have free access, and
shall carry on th( ir trade without any disturbance or
molestation.

"Art. 6. It is further agreed, with respect to the
eastern and western coasts of South America, and to the
islands adjacent, that no settlement shall be formed
hereafter, by the respective subjects, in such part of those
coasts as are situated to the south of those parts of the
same coasts, and of the islands adjacent, which are
already occupied by Spain ; provided that the said re-
spective subjects shall retain the liberty of landing
on the coasts and islands so situated, for the purposes of
their fishery, and of erecting thereon huts and other
temporary baildings serving only fur those purposes.
"Art. 7. In all cases of complaint, or infraction of the
articles of the present convention, the officers of either
party, without permitting themselves previously to com-
mit any violence or act of force, shall be bound to make
an exact report of the affair, and of its circumstances, to
their respective Courts, who will terminate such dif-
ferences in an amicable manner."

The Americans having stepped into the place of the
Spaniards, we now come to the convention between his
Britannic Majesty (George III.) and the United States,
signed at London, October 20th, 1818. This convention
sets forth, that, these two powers being "desirous to ce-
ment the good understanding which happily subsists be-
tween them, have for that purpose named their respec-
tive plenipotentiaries," viz., the Right Hon. F. J. Robin-
son (a"terwards Lord Goodrich), and Henry Goulburn,
Esq. (then one of the Under Secretaries of State,) on the
pita of Great Britain ; and Albert Gallatir, Esq.,
then the United States Envoy Extraordinary and Mi-
nister Pleripotentiary to the Court of France ; and Ri-
chard Rush,F,ei., then holding the same office at the
Court of London. The first article of this treaty settles
the boundaries within which the Americans may take,
dry, and
rrespect
pceuerte t fish,o
thBce disputed e.
boundary line between; the second is the memorable one
Maine and British America, which is only noticeable
here for its reference to " the Stony [uow generally
called Rocky'] Mountains;" the line set forth therein
being agreed "to form the southern boundary of the
said territories of his Britannic Majesty, and the north-
ern boundary of the territories of the United States,
from the Lake of the Woods to the Stony Mountains."
But it is with the next article in this treaty of 1818
that we have now to
do, as it forms the basis of the ex-
isting convention with the United States in reference to
the Oregon territory. We give it entire:—
" Article 111. It is agreed, that any country that may
be claimed by either party on the north- west coast of
America, westward of the Stony Mountains, shall, to-
gether with its harbours, bays, and creeks, and the navi-
gation of all rivers within the same, be tree and open
for the term of ten years from the date of the signature
of the present convention, to the vessels, citizens, and
subjects of the two powers, it being well understood,
that this agreement is not to be construed to the preju-
dice of any claim which either of the two high eontracting
parties may have to any part of the said country, nor
shall it be taken to affect the clainis of any other power
or state to any part of the said country; the only object
of the high contracting parties, in that respect, being to
prevent disputes and differences amongst the mselves."
The other articles of this convention have no reference
to the Oregon or north-west territory. We now come
to the " convention between his Britannic Majesty and
the United States, relative to the territory on the north-
west coast of America," which was
signed at London,
August 6th, 1827." It recites that his Majesty the King
of Great Britain and Ireland (George IV.) and the
United States, " being equally desirous to prevent, as
far as possible, all hazard of misunderstanding between
the two nations, with respect to the territory on the
north-west coast of America, west of the Stony or Rocky
Mountains, after the expiration (in October, 1828) of
the third article of the convention concluded between
them on the 20th October, 1818 ; and also with a view
to give further time for maturing measures which shall
have tier their object a more definite settlement of the
claims of each party to the said territory—have respec-
tied! named their Plenipetentearies to treat and agree
concerning a temporary renewal of the said article ;"
viz., the Right lion. Charles Grant (afterwards Lord
Glenelg), and 11. U. Addineton, Esq. ; and Albert
Gallatin, the United State s Envoy Exti a military and
Minister Plenip )tentiary to his 13ritennic Mijesty. As
this convention indefinitely extends and continues in
fdrce, all the provisions of the third artic'e of that of
October, 1818, and is the treaty of the intention to annul
Which notice (it is tmderstoed) has just been given by the
British Government., we insert the whole of its articles
entire :

" Art. the provisions of the third article of the
convention concluded between his Majesty the King of
the United Kingdom of Great Britain and Ireland, and
the United States of America, on the 20th of October,
1818, should be, and they are hereby, further indefinitely
extended and continued in force, in the same manner ea
if all the provisions of the said article were herein speci-
fically recited.
Art. ll.—lt should be competent, however, to either
of the contracting parties, in case either should think fit,
at any time after the 20th of October, 1818, or. giving
due notice of twelve months tl the other contraetinz
party, to annul and abrogate this convention: and it
should, in such case, be accordingly entirely annulled
and abrogated, after the expiration of the said term of
notice.