The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-12-11
GONG RES SIONAL.
DOCUMENTS ACCOMPANYING THE PRES
DENTS MESSAGE.
,o0pyspoSpENcE WITH THE DEPARTMENT OF
lVi'i STATE.
[coScLupEn.
(R P.)

[coNcLupEp.
(R P.)
WASHINGTON, July 20, ls45
Notwithstanding the prolix discussion which the
-, has already undergone, the under signed, her
S,;sonc Msiesty's envoy extraordinary and minis.
p. rl,npo,entary, feels obliged to place on record
a, observations in reply TO the statement, mark
III r., which he had the honor to receive, on the
,sS If his month, from the hands of the Secretary
!, rs STATE of the United States, terminating with a
u,onoscn on the part Of the United States for the
Si,tement of the Oregon question.
Ia this paper is stated, that 1.-THE title OF the Uni
"a States to that portion OF the Oregon territory be-
Gun The valley OF the Columbia and the Russian
r.s in $40 az north latitude, is recorded in the
To,da treaty. Under this treaty, dated on 22d
rshruory. 1919, Spain coded to the United States
n her rights claims and pretensions 10 any terrific
~. w,st of the Rocky mountains, and north of the
IN =. all,l Of latitude "We contend" says the
ser,ary of State ''lha at the date Of this conven.
Nan. Spain had good title, as against Great Britain,
be whole Oregon territory; and, If this be estab-
Shsd the question is then decided in favor of the
named states the convention between Great Brit
IN sod Snan. signed at the Escuria, on the 2Sth
october, 1890, Notwithstanding
uJfn saws the American plenipotentiary, sit
honi appear that this treaty was transient In its
..,v nature; that il conferred upon Great Britain no
TX, hut that of merely trading with the Indians,
ybla The country should remain unsettled, and
making the necessary establishments for this pur-
rose that il did not interfere with the ultimate sove-
SONY Of Spain over the territory; and, above all,
,bsi was annulled by the war between Spain and
Cr,a Britain, in lT96, and has never since been re-
n.ved by the parties, then the British claim TO any
norou Of the territory will prove to be destitute OF
foundation"
that when Spain concluded with the United States
IN, treaty Of lSl9 commonly called the Flords trea.
~ the convention concluded between the former
mower and Great Britain, in 1880, was considered
Nv The parties to it to be still in forces but even that,
| II no such treaty had ever existed, Great Britain
would stand, with reference to claim to the Ore
con territory in position at least as favorable as
the United States.
The treaty of 1870 is not appealed to by the
British government Id the American plenipotentia-
~ seems to suppose, as their ''main reliance" in
the present discussion; it is appealed to TO show
that by the treaty Of 1919, by which "Spain ce-
ded to the United States all her rights, claims, and
pr,ensions to any territories west of the Rocky
mountains and north of the 42d parallel of latitude
The United States acquired right to exclusive do
rinion over any part Of the Oregon territory.
The treaty Of 1850 embraced, fact, variety OF
objects Itparook in some OF Its stipulations OF
the nature Of commercial convention; in other re.
spects il must be considered an acknowledgment
ofexisling rghts--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 ccs-
nlon OF friendly relations between them.
Viewed in the former light, its slipulatons nigh,
have been considered as cancelled in consequence o:
| he war which subsequently, took place between the
contacting parties, 1t not that by the treaty
concluded at Madrid, on the 28th August, 1914, il
vas declared that all the treaties of commerce
which subsisied between the two nations (Greai
Britain and spain) in l796 were thereby ratified
md confirmed.
snie of peace was oftself sufficient to restore the
sdmissions contained in the convention of 1870 to
their full original force and vigor.
There are, besides, very positive reasons for con
Guiding that Spain did not consider the stipulations
Of the Nootka convention to have been re.
voked by the war Of 1916, so as to require, in or
d,r to be binding on her, that they should have
been expressly revived or renewed on the restora-
ton Of peace between the two countries. Had Spain
considered that convention to have been annuled by
he VAR in other words, had she considered herself
restored to her former position and pretensons with
respect to the exclusive dominion over the unoccupi-
Cd parts of the North American continent, it is not
TO imagined that she would have passvely sub
mlued to see the contending claims of Great Britain
and the United States to portion of that territory
m subject Of negotiation and formal diplomatic
uan'acions between those two nations.
It's, on tho contrary. from her silence with re-
pec to the continued occupation, by the British, OF
Asr settlements in the Columbia territory, subse-
penay to the convention of 1914, and when as yet
Are had been no transfer Of her rights, claims, or
p'sensons to the United States and from her ST.
snce also while important negotiations respecting
M Columbia territory, incompatible altogether with
@ ancient claim to exclusive dominion, were in
iog0ess between Great Britain and the United
mates fairly to be inferred that Spain considered the
'upuahons Of the Nootka convention, and the prin-
uPes therein laid down, to be still in force.
But the American plenpotcntary goes so far as
9@y that the British government itself had no
yea, IN 1875 that the Nootka Sound convention
s~'hen IN force, because no reference was made to
aOn me part Of England during the negotiation OF
wal year, on the Oregon question.
IN reply TO this argument, it will be sufficient for
%e Undersigned to remind the American plenipoien-
a.y mat in the year 1915 no claim as derived froi.
lam was or could be put forth by the United
seeing that il was not until the following year,
W W year lel9,) that the treaty was concluded by
snsn Spain transferred to the United States her
. sna, claims, and pretensions to any territories
nm NE Rocky mountains, and north Of the 42d
hence, u is obvious that in the year 1918 no oc-
."o ., mad arisen for appealing to the qualified ma
go the rights claims, and pretcnsions 80 trans
n "a "a qualification imposed, or at least recognise
n ny " lhe convention Of Nootka.
uue OF the United States TO the valley Of the
oiaA1 the American plenipotentiary observes,
ma ei ,Aan the Florida treaty of February, 1919,
.us,.. Independently of It's provisions. Even
NJ then, that the British construction Of the
srrls oound convention was correct, it could not
Tx "'hs portion Of the territory in dispute.
10 n".. Undersigned must be permitted respectfully
a, 'e, upon what principle, unless it be upon
Noo,ll" e'pe which forms the foundation of the
,,a0a., convention, could the United States have
p,,roua ute to any part of the Oregon territory,
IN, 10 the treaty of 1919, and independently
sn,u riU DIVISIONS, BY discovery, exploration, set
r. VIII be the answer.
w., Ays The American plenpotentiary, IN an-
De VA ae o. his statement, the rights Of Spain to
bsr,s :, coast Of America, far north the 6lst
NV IL ~ attitude, were so complete as never to
ssdoD ven seriously questioned by any European
nr .n nad been maintained by Spain with the
Ne A.am jealousy, ever since the discovery OF
BY An pcan Continent and had been acquiesced IN
o,n bv opean powers. They had been admitted
alary nusa'a; and that, too, under sovereign Pc
,upiry. Ianeeious Of the territorial rights Of her
u, so ,., VINO, when complaints had been made TO