The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-12-09
(J. By
DEPARTMENT OF STATE,
Washington. 10Th July. 1915.

Washington, 18th July, lS45.
The undersigned, Secretary of State OF the Uni
ted States now proceeds to resume the negotiation
on the Oregon question, at the point where it was
left by his predecessor.
The British plenipotentiary, in his note to Mr..
Calhoun of the 18th September last, requests ''that,
as the American plenipotentiary declines the pro-
posal offered on the part of Great Britain, he will
have the goodness to state what arrangement he is,
on the part Of the United States, prepared to pro-
pose for an equitable adjustment of the questions;
and more especially that he will have the goodness
TO define the nature and extent of the claims which
the United States may have other portions Of the
territory to which alusion is made in the concluding
part of his statement, as 1t is obvious that no ar
rangement cen be made with respect to part the
territory in dispute, while claim is reserved to any
portion of the remainder"
The Secretary of State will now proceed, (rever
sing the order in which these requests have beer,
made) in the first place. to present the title of tho
United States to the territory north of the valley Of
the Columbia; and will then propose, on the part Of
the President, the terms upon which, in his opinion,
this long pending controversy may be justly and
equiably terminated between the parties.
The title Of the United States TO that portion Of
the Oregon territory between the valley of the Col
lumbia and the Russian line, in $40 40 north lati-
tude, is recorded in the Florida treaty. Under this
treaty, dated on the god February, 1919, Spain CO.
ded to the United States all her 'rghts, claims, and
pretensions" to any territories west of the Rocky
mountains and north Of the 42d parallel oflatitude
We contend that, at the date of this cesson, Spain
had good title as against Great Britain, to the
whole Oregon territory; and, II this be established
the question is then decided in favor Of the United
States.
But the American title is now encountered at eve
ry step by declarations that we hold it subject to all
the conditions Of the Nootka Sound convention be-
tween Great Britain and Spain, signed at the Escu-
rial on the 2Sth of October, $780, Great Britain
contends that, under this convention, the title of
Spain was limited to mere common right of joint
occupancy with herself over the whole territory.
To employ the language Of the British plenpoten-
tiary: eff Spain could not make good her own
right of exclusive dominion over those regions,
still less could she confer such right on another
power; and hence Great Britain argues that from
| nothing deduced from the treaty of 1879 can the
United States assert valid claim to exclusive do
mInion over any part OF the oregon territory"
Hence it is that Great Britain resting her preten-
sions on the Nootka Sound convention, has neces-
sarily limited her claim to right of joint oc
cupnncy over the whole territory, in common with
the United States the successor Of Spain, leav-
ing the right Of exclusive dominion in allegiance.
| /. is, then, of the first importance that we should
ascertain the true construction and meaning Of the
Nootka Sound convention.
| II it should appear that this treaty was transient
| in its very nature-that il conferred upon Great
Britain no right but that Of merely trading with the
Indians whilst the country should remain unsettled,
and making the necessary establishments for This
Ipurpose-tbat II did not interfere with the ultimate
sovereignty OF Spain the .territory-and above
all, that il annulcd by the war between Spain
and Great Britain in 1886, and has never since been
renewed by the parties---then the British claim to
|any portion Of this territory will prove to be desti-
tule Of foundation.
Its unnecessary to detail the circumstances Out