The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-11-24
THE DAILY UNION.

the Pacific. Whereupon the British government
said: Well, it must be confessed we have no tito
whatever in Oregon, either by discovery, settlement
or otherwise. We discaim all title, and we set up
a claim as follows:
"Greai Britain claims no exclusive sovereignty
over any portion Of that territory. Her present
caim--not In respect to any part, but the whole
is limited to right of joint occupancy, in common
with other states, leaving the right OF exclusive do
minion in abeyance."
Such are The precise words Of the final official
claim Of the British government, after all pretence OF
title the part of Britain had been thoroughly re-
futed and exploded by us, and given up by herself
Or, as the same point is stated by the American
minister in his official correspondence:
"Great Britain considered the whole Of the unoc-
cupied parts Of America being open to her future
settlements, as heretofore. They included within
these parts, as well that portion Of the northwest
coast lying between the 42d and 5ls degrees of lat
itude as any other parts. The principle Of coloni-
cation on that coast, elsewhere, on any portion OF
those continents not yet occupied, Great Britain
not prepared to relinquish."
Now all these facts are notorious, and accessible
to whatsoever persons choose to seek them and yet
in the face of the official disclaimers Of the British
government, there are many persons IN the United
States who, misled, apparently, by the British For
eign Quarterly Review, and the British Edinburgh
Review, and the British London Times and the Brit
seem, that Great Britain has probable, nay, good
and sound title to the whole or great part of Ore
gon. No; she does not claim pretend any title what
ever TO Oregon; but only the general right to colo
nze, now, at this day, in North America.
To be sure tie Edinburgh Review, admitting, as
the writer is constrained to do for he had read the
documents that Great Britain has no title whatev.
er in Oregon either by discovery settlement, trea-
ty, conquest, prescription yet alleges that Great
Britain has shado,o Of title north of the 49th paral
lei, by reason of contiguity, inasmuch as she now
holds the country north of that parallel this side
Of The mountains. To this | reply, that the British
government advances no such claim prevented, per-
haps, by the consideration that, II this ground Of
claim gives to her the shadow of right north of 49o
it deprves her of even the shadow of Alright south
Of AGO; and she is not content with this, which
would be almost equal division of Oregon. Be-
sides which, the British territory this side of the
mountains is incapable of extension by contiguity
for it belongs TO the Hudson Bay Company, which
company is limited by its charter to "the lands on
the coasts and confines of the seas lakes and rivers
within the Hudson strails;" and it would be ridicu-
lous, nay, hpudent, past all endurance, for Great
Britain to pretend that the coasts of Hudson's straits
cover the shores of the Pacific ocean! which is ne
cessary in order TO carry the jurisdiction of the Hud-
sons Bay into Oregon
Great Britain defends her pretension to treat Ore
gon as unoccupied country, subject to colonization
by her, on two grounds:
First, she argued that, conceding her own defect
of title still we had no better title To this the
United States replied, by showing that we had a
better title in OUR own prior discovery, prior ex-
poration, and prior settlement of Oregon, and in
our rights under France and Spain.
Whereupon, secondly, Great Britain alleged a
right to colonize in Oregon under concession
made to her by SPAIN in one of the clauses of what
is called the Nootka convention; word OF expla-
nation concerning which, will conclude all have to
say on the subject of title in Oregon.
suppose there is not, in the history Of modern
times, any case of war undertaken or threatened
with greater precipitancy, or on pretexs more flu
tile, than the Nootka Sound quarrel of Great Brit
ain with Spain. The Spanish government the first
discevcrer Of Noo,kn Sound, sent Don Esteban Mar.
tinez there in 1888, to form settlement in all the
forms of legality and of public right belonging to
any European establishment in America. Mean
while, two vessels came to trade on the northwest
coast, under the general command Of one Meares--
the Felicc with Meares for master, and the lphge-
MIA, having Douglas for supercargo. These
two persons English adventurers, but the YES
sells were Portuguese, with Portuguese owner and
Portuguese papers, fitted out in the Portuguese col
ony of Macao, in China. In 1885, the lphigenia
(Meares being absent in the Fece) was seized by
Don Esteban Martinez for an alleged breach OF
the Spanish law--and justly seized, perhaps
but Immediately released, on Douglas giving
bonds that his (nominal) owner in Macao would
pay her value on demand 10 the order Of the
Vceroy Of Mexico, in the seizure should be
pronounced legal and valid; after which, the Iphge-
mia continued her business uDdsturbed along the
northwest coast. Subsequently two other vessels,
the Argonaut and Princess Royal under the direc-
ton of one Conett made their appearance also from
Macao, purporting to be the property of the
(British) King Georges Sound Company. These
vessels, together with vessel built on the coast by
Meares's people, called the Northwest America
were seized by Martinez the same year, and the
Argonaut with Colnett on board, was sent to San
Bias for adjudication.
The Condo de Revagigedo, then viceroy, de.
cded that the seizure was lawful and for good
cause; but ordered the vessels to be released an
act of comfy towards England, and because of the
| alleged ignorance of the parties in regard to the
rights of Spain--of all which Spain herself in thu
spirit of candor and fair dealing, gave the first in
| formation to the English government Meares, how
ever, Immediately repaired to England, and, upor
the representations made by him--representatio
now known, and universally seen to be grossly ant
shamefully false in all essential partculars-th,
| British government decided upon war, unless amp,
satisfaction should be made by the Spanish govern
ment. Spain was in no condition or spirit to igh
with England, and accordingly submitted withou
/ reserve to the demands of tho British ministry
| The result was the convention Of 1890, called 0
the Escurial, or more commonly of Noolka Thu
convention provides, among other things, that thu
respective subjects Of Spain and Great Britain shal
not be disturbed moested, either in navigating OF
carrying on their nSner1es IN the racine ocean, o
| in the South seas, or in landing on the coasts o
those seas and places not already occupied, for tn
purpose of carrying on their commerce with tn
| natives of the country, or of making settlement
there; it being subjoined that in any settlements L
be made'by either party, the subjects of the othe
shall have free access, and shall carry on their rad
without molestation.
Under this convention, Great Britain claims tn
right, by concession from Spain, now to make set
dement's in Oregon as against the United States, 81
| far as we hold from Spain,
| The United States reply, that the conditions o
this convention are nothing but commercial stpu
lations of temporary occupancy for the purpose o
fishing or trading, leaving the Spanish sovereign,
unimpaired, or at least only in allegiance; and tina
upon the face oft, also, the convention is Of tina
class of treaties which cease with war, and II wa
accordingly extinguished by the war, which 500
afterwards broke out between Great Britain an
Spain.
Such are the claims and pretensions Of the tw
governments.
On this part of the subject, then, the qucstio
stands, in brief, thus:
i We of the United States have, as we think, goo
.