The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-12-23

The review Is, IN general, remarkably fair IN the
statements of facts as well the reasonings far
as they are presented; though the author has avail
ed himself TO the utmost of the supposed right of
an advocate to admit, or pass slightly over, what
does not favor his cause. The article attracted much
attention in England at the time of its appearance,
and was severely denounced by the principal Lon
don journals of both the great political parties.
From the Albany Argus.
| THE SOVEREIGNTY OF OREGON-THE
BRITISH VIEW OF THE QUESTION.
In the present state Of this important question, it
is the duty as well the desire of every intelligent
American citizen to obtain the fullest information OF
the facts and prevailing opinions that bear upon it.
Ii is one of the peculiar and nestmnbe traits OF our
people, that they investigate for themselves all ques-
lions affecting the rights the interests Of the coun-
try and are qualified in mean degree TO 'render
reason" for the conclusions they come to. This is
| one which comes especially within their province,
| and upon which they will ultimately pronounce an
unerring Judgment, and if need be enforce it.
strong and clear sense of right Is their first de-
sire, and the only requisite to unite them IN coEar
| mon and steady purpose
We are graiied in being able 10 lay before them
substantially paper Of high European authority,
| which will aid them in the eideavor--at this time
so prevalent and palriotic--of arriving at correct
conclusions, and strengthening the convictions of
our countrys right. The following is aynopsis of
an article in the July No Of the Edinburgh Review;
1t is attributed to the pen Of Macauay, writer and
reviewer Of great celebrity, and member Of the
British Parliament The facts, on the whole, are
fairly staied--the deductions his own. II goes
over the whole ground, and is condensed history
Of the Oregon question UP TO the period OF 1875
when negotiations were suspended We have but
one word TO say to the business Of the views la
ken in reference 10 the British claim Her people
the best judges, perhaps, of their own rights
If they choose 10 disayow any title to the Oregon
territory so be il. We cannot initiate their magnan-
unity
There is one point more to which we wish to call
especial attention. 1t is which has given rise TO
much popular error-nameiy, the overtures that our
government has at different times made for the pur-
pose of eecting amicable settlement of the ques
lion. Similar ovcrtures have been made on the part
of the British government. They have been taken
with many as virtual admissions Of defective title
This Is not claimed alluded 10 IN the present ar
cie nor is il adranesdby the nsgoiaors on The part Of
Great Britain. 1t is not tenabe.
This synopsis has been made from the original
article with much care, and by intelligent cores
pondent, and not a fact or idea advanced bearing
directly upon the subject, has been withheld mis-
represented as all will admit who have read the ORR
gina II will be borne in mind that this is an argu-
ment from the British side of the question.
The boundary Of Oregon.
The Oregon territory is bounded north by the
parallel of 81 degrees 40 minutes east by the Rocky
mountains, south by the AID parallel, and west by
the Pacific. II is about $50 miles in length, and of
an average breadth of about $50 miles, and contains
about 800, 900 square miles.
Above the parallel of AZ degrees there are many
excellent harbors but down the whole coast of the
Pacific from that parallel to Port San Francisco, far
within the Mexican frontier there is no refuge ex
cept Bulfnch harbor and the Coumbia-the former
Of which can be entered only by small vessels, and
he latt 10 inacceaehla fnr eoht yanntha nf the
year, and dangerous at all times.
The question Of Sovereignty or lille
According to international law, sovereignty may
be acquired by FIVE means-by discovery, by settle
Denf by coniigtfy, by treaty, Tor conquest and by
prescription There is one requisite, however,
which, it is essential 10 every source of title,
ought to be mcntioned--namely, that the acts by
which sovereignty is acquired must be the acts Of
government, not Of unauthorized individuals.
This, il will be seen, is "a doubtful point, and ma
conceded by either party to the negotiaions.l
First, as TO discovery. What amount of explora-
ion is necessary to title by discovery, has not been
decided. II is admitted, however that when
title by discovery, however imperfect, has been
gained by the agents of one nation, 1t 10 not SUPER
seeded by subsequent though more accurate examr
ination by those Of another.
The title by mere discovery, however, il not
permanent trequires to be perfected by settle
Ynenf "The title" says Vattel, "of navigators
going on voyages Of discovery and furnished 10Th
commission from their sovereign, has generally been
respected provided il has been after followed
by n real possession. But the law Of nations will
not acknowledge the sovereignty of nation over
countries except those in which il haE formed set
dement's, and Of which il makes actual use.".
Title by discovery and subsequent settlement,
may be lost. by the rule, If the settlement be
abandoned.
Coniiguity The extent Of tie right, by contigui-
w. has never been decided. II is the right which
nation enjoys to exclude all others from territory,
the command Of which, though il be not actually
within her occupation is essential to the convent.
enee or to the security of her real possessions.
An instance ofiis exercise is the refnsel by England
TO allow any other nation to coonlze the Chatham
islands She discovered those islands in l774; but,
as she has never attempted TO occupy them, her
right by discovery has, by her own doctrine, long
since expired. But she maintains that their occu-
patton by any other nation would be dangerous to
her settlements in New Zealand, though many hum
bred miles of, and on that ground, though not oc-
cupying them, claims the right to prevent their oc
cupa'ion by others. 3lti
Title by treaty. except with barbarous and savage
naiiona, is perfect title, regards the parties to
the treaty, but in relstion to Others it is mere evil
dence Of claim.
A perfect title, OF course, implies that the FaFv
ceding territory has previous valid title.
Prescription. The only case in which title by
prescription can exist, is that In which the rest OF