The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-15

The Important Oregon correspondence.
Weglve the close of the Oregon correspondence
IN the annexed interesting letters of Messrs. Paken
ham and Buchanan, These two documents the
most important Of all that have yet been given, as
they contain the absolute refusal of Mr. Pakenham
to accept the 10Th degree, offered by Mr.. Polk; the
withdrawal Of the offer by Mr.. Buchanan, and the
assertion of the American claim to the whole or
none"
(R. P)
WASHINGTON, July -, 1916
Notwithstanding the polk discussion which the
subject has already undergone, the Undersigned
her Bntannic Malestys envoy extraordinary and
minister plenipotentary, feels obliged to place on
record a few observations In reply to the statement
(marked J. b } which he had the honor to receive
on the 10th Of this month, from the hands of the
Secretary OF State OF the United States, terminating
with proposition on the part of the United States
for the settlement of the Oregon question.
In this paper it is stated, that the title of the
United States to that portion Of the Oregon terrific
ny between the valley oil the Columbia and the Rus
sian line, In 81 degrees 40 min: north latitude; is re-
corded IN the Florida treaty Under this treaty,
United States all her rights, claims, and pretenslons
to any territories west Of the Rocky mountains, and
north of the 42d parallel Of latitude.' "We con-
tend, says the Secretary of State that at the date
Of this convention Spain had good title, as against
Great Britain, to the whole Oregon territory and if
ihs be established the question Is then decided in
favor Of the United States" the convention between
Great Britain and Spain, signed at the Escural, on
the 18th October, 1880, Notwithstanding.
IF" says the American plenipotentiary, cit
should appear that thlstreaty was transient in its very
nature; that It conferred upon Great Britain no
rg2t but that OF merely trading with the Indians,
whilst the country should remain unsettled, and
making the necessary establishments for this pur-
pose that It DID not interfere with the ultimate
sovereignty OF Spain over the territory and above
all, that 1t was annulled by the war between Spain
and Great Britan in 1876, and has never since been
renewed by the parties, then the British claim to
any portion Of the territory will prove to be dest
The undersigned will endeavor to show, not only
that when Spain concluded with the United States,
the treaty OF 1873, commonly called the Florida
treaty, the convention concluded between the former
power and Great Britain, in 1880, was considered
by the parties to to be still in force but even that
II no soch treaty had ever existed, Great Britain
would stand, with reference to claim to the Ore
gon territory, In position at least as favorable as
the United States.
The treaty of 1890, is not appealed to by the Bri-
tlsh government, as the American p!enipotentiary
seems to suppose their $" main reliance" In the
present discussion il is appealed to show that,
by the treaty OF 1919, by which "Spain ceded to
the United States all her rights, claims, and preten-
slons to any territories west OF the Rocky noun
tains and north of tina AID parallel of latitude" the
United States acquired no right to exclusive do
mnon over any part of the Oregon territory.
The treaty OF 1870 embraced, in fact, variety of
oD)ects II partook IN some OF Its stpulatons of the
nature OF commercial convention in other re-
spects, It must be considered as an acknowledgment
OF existing rlghs-an admission of certain prlnci.
pies OF International law not to be revoked at the
pleasure of either party or to be set aside by ces-
sation of friendly relations between them.
Viewed in the former light. its stipulations might
have been considered as cancelled in consequence
OF the war which subsequently took place between
the contracting parties, 1t not that by the rea-
~ concluded at Madrid, on the 18th August, 1874
1t was declared that all the treaties of Commerce
which subsised between the two nations (Great
and confirmed
In the latter point of view, the restoration of
state OF peace was Of itself sufficient to restore the
admissions contained in the convention of 1870 to
their ful original force and vigor.
There are, besdov, very positive asons for con
GLIDING that Spain did not consider the stpulatons
OF the Nootka convention to have been revoked by
the war OF 1876, SO as to require, in order to be
binding on her, that they should have been express
y revived or renewed on the restoration of peace
between the two countries Had Spain cons idered
that convention to have been annulled by the war;
In other words, had she considered herself restored
to her former position and pretensons with respect
to the exclusive dominion over the unoccupied
parts OF the North American continent il IS not to
be imagined that she would have passvely submit
ted to see the contendng claims of Great Britain
and the United States to portion OF that territory
the subject OF negotiation and formal diplomatic
transactions between those two nations.
It's, on the contrary, from her silence with
speet TO the continued occupation, by the British,
OF their settlements in the Columbia territory, SUBJ
sequently to the convention OF 1914, and when
yet there had been no transfer OF her rights, claims,
or pretensions to the United States, and from her
silence also while important negotiations respecting
the Columbia territory, incompatible altogether
with her ancient claim to exclusive DOMINION were
IN progress between Great Britain and the United
States, fairly to be inferred that Spain considered
the stlpuations OF the Nootka convention and the
principles therein laid down, to be still in force
But ne american plenlpotentlary goes so far as
TO say that the British government itself had idea
IN 1918. that the Nootka Sound Convention was
then IN force, because no reference was made to it
on the part OF England during the negotiation of
that year, on the Oregon question
In reply to this argument, 1t will be sufficient for
the undersigned to remind the American plenipo
tertiary that in the year 1918 claim, derived
from Spain, was, could be put forth by the United
States, seeing that 1t was not until the following
year (the year 1879 that the treaty was concluded
by which Spain transferred to the United States her
rights, claims, and pretensons TO any territories
west OF the Rocky Mountains, and north OF the AID
parallel OF latitude
Hence, it is obvious, that in the year 1878, no oc-
casion had arisen tor appealing to the qualified
ture OF the rights, claims, and pretensons so trans
ferred-a qualification imposed, or at least recog-
Missed, by the convention OF Nootka
The title ofthe United States to the valley Of the
Columbia, the American plenpotentiary observes,
and exists independently of its provisions Even
supposng, then, that the British construction OF the
Nootka Sound Convention was correct, it could not
apply to this portion of the territory in dispute.
The undersigned must be permitted respectfully
to inquire, upon what principle, unless it be upon
the principle which forms the foundation of the
Nooka Convention, could the United States have
acquired title to any part of the Oregon territory,
previously to the treaty OF 1919, and independently
OF its provisions! BY discovery, exploration, set
element, will be the answer
But says the American plenipotenhary, in ano-
Their part OF his statement the rights OF Spain to the
west coast of America far north as the 6lst de-
gree OF latitude, complete as never to have
been seriously questioned by any European nation
They had been maintained by Spain with the
most vlgllant jealousy, ever since the discovery oil
the American continent, and had been acquesced
in by all European powers. They had been adj
mltted even by RUSSIA and that, too, under sove-
reign peculiarly tenacious OF the territorial rights OF
her empire, who, when complaints had been made
TO the court OF Russia against Russian subjects, for
coast Of America, did not hesitate to assure the
King OF spain that she was extremely sorry that the