The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-06-04
THE OREGON QUESTION.
From the N Y. Commercial Adrertis

! The Washington letter-writers tell u
that there is pause in the negotiation be
tween Mr.. Packenham and MIR. Calhoun
that check has been given TO it by the ulti
matum OF the latter, propounded at once a.
the basis, that the forty-nlnth parallel Of lat
itude shall be taken as the dividing line be
tween The British and American possessions
; West of the Rocky Mountains. Ii is averreC
that Mr.. Packenbam's instructions are o.
such nature that, in view of this proposition
as an ultimatum, he is obliged TO send home
for more; and in the meantime the two di
pomatists have nothing 10 do. In order &c
( understand the precise effect of MIR. Cal
houn's position it is necessary 10 observe
that the United States have never claimed
any portion ofthe territory north of the 49lt
parallel; and that Great Britain does mol
claim an absolute and exclusive title South
Of that parallel, but only as much right as is
possessed by any other power, TO reduce the
country into possession. The dispute, there
fore, is virtually not upon Limitations or boun-
daries, but upon the nature oflhe conflicting
claims; Great Britain alleging that she has
as good claim as that of the United States,
both being NEGOTIATE, and the United States,
on the contrary, maintain that Great Britain
has nc claim at all, that there is no incohate
right in the matter, and that the claim of the
United States is full, perfect and incontrover-
tible
Perhaps it will be well, for a still better
understanding in the case-,7hich indeed is
evidently very much wanted, in Congress
and elsewhere,-to go somewhat more mi
nutely into the pretensIons ofrhe parties, and
the facts on which they rest.
(.raaf I,,r l. II
priority in discovery, though some show OF
stress has been laid upon certain alleged
voyages and proceedings Of the freebooter,
Sir Francis Drake, in 1879. That unscru-
pulous gentleman did certainly land upon
the Western coast of North America, and
60 through certain soemnities called ''acts
of taking possession" but though it has been
asserted that the place where he did this
was iii latitude As or thereabout, the better
opinion is that latitude 80 was the Northern
upon brakes supposed landing is therefore
virtually abandoned, and Great Britain re-
lies upon another title.
This is derived from Spain. The coast
was visited, it is alleged, in 1912, bya Span
ish expedition, which proceededas far North
as latitude A by another Spanish expedi-
tion in 1882, going as far North as 81; a.
gain, by another Spanish navigator in 1892,
and yet again by another in 164O-the last
reaching as high as 30, and the one PIE
ceding AZ. Under the visits, and the accom-
panying acts Of possession, Spain claimed
the territory until 1890, when she entered in
10 convention with Great Britain, called the
convention of the Escurial." by which
Spain surrendered the e.rclusire right de-
rived from prior discovery, and conceded TO
Great Britain an equal and concurrent tight
TO be made available only by actual occupa-
tion aud settlement. Ii is this equal and
concurrent right that Great Britain now
claims, and no other. 1t will be observed,
however, that the equality and concurrence
are only with Spain; as against all other ma
tons Great Britain alleges that her rights
are exclusive.
But in 1919 Spain, by treaty called ''the
treaty OF Florida, ''ceded 10 the United States
all her right and title to the territory North
Of the 42d parallel. Since the date of that
treaty, therefore, the United States have
stood, as it were, in the shoes of Span, hold
ing that same equal and concurrent right
with Great Britain which was established
by the convention of the Escurial.-Spain,
then, is now out of the case, as all other ma
lions were before; and the title now lies be-
tween the United States and Great Britain,
subject, of course, TO the provision in the
of the Escurial, that it is to be
made available only by actual occupation
and settlement; for Spain, by the terms OF
that convention, had OF course no right or
power TO give more complete and exclusive
title.
But besides this concurrent claim derived
rom Spain, the United States put forward
IN erclusire claim. on several grounds /
principal among which are discoveries by "a |
Captain Gray, in 1852, who entered and sail !
ID some distance up the Oregon or Columbia |
River; exploration by Lewis and Clarke;
priority of settlement by American citizens;
md the right derived from contiguty, or
perhaps we should rather say continuity, of
possession. They also rely upon the sur
ender Astoria, by the British Government,
n the treaty Of Client, 1914, that settlement
having been captured by British force in
6l3, which surrender is alleged 10 be vir-
ual acknowledgements of the American
lain, inasmuch as it was made under the
lause ofthe treaty providing for the resto-
alton by each power by all territories and
'aces captured from the other during the
var.
We do not propose to analyse these grounds
f claim the view we take, and for the pur-
ose Of presenting which this article is writ
en-, rendering that course unnecessary.
We have shown that the claim set up by
treat Britain is exclusive as against all pow
RS except the United States, and that it is
bundled solely upon the title acquired by
'pain, in the sixteenth century, under the
recess of prior discovery-We have shown
lso that the United States set correspon.
ing equal claim, derived from the same
PURGE; and in addition an exclusive claim
nder priority of settlement. We take the
round that neither of the claims derived
-om Spain is worth straw.
We protest against this whole doctrine of !
cquiring title by mere discovery. 1t is a
,lic OF the barbarous ages, in perfect analogy {
18th, il not in fact modification OF, the right ]
rmerly asserted by the Pope, TO grant at
leasure territories discovered or 10 be dis
known or only supposed s
be in existence. 1t is national fire eboot- C
g on large scale, Of precisely the same ?
ass with the plundering expeditions ofthe b
anes to England inthe time Of Alfred find a
g its justification only in the law of force, n
ID utterly destitute offoundation in reason I
morality. h