Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-12-20
(R.P.)-Mr. Pakenham 10 Mr.. Buchanan.

I (R.P.) Mr.. Pakenhanl 10 Mr.. Buchanan.
! WAsHINGToS, JuLr 30, I645.
Notwithstanding the prox discussion which subject has
already Undergone the undersigned, her Britannia Majesty
Envoy Extraordinary and Minister Penipoten,ary feels
obliged to place record few observations reply to the
statement marked which he had the receive
the 10th of this month"; from the hands Of the Secretary
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 stated that te title Of the United States
to that portion of the Oregon territory between the valley Of
the Columbia and the Russian line, IN $40 4O north latitude,
is recorded in the Florida treaty Under this treaty, dated
the 22d February 1872 Spain coded to the United States
her rights claims, and pretensons to any territories
the Rocky Mountains and north of the AID parallel Of latitude
We contend says the Secretary Of State that the date
Of this convention Spain had good title against Great
Britain, the whole Oregon etory and ii this be estab
ished the question Is then decided in favor Of the United
Staes, the convention between Great Britain and Spain,
signed at the Escura the 2sth October 1890, nowh-
standing.
I," says the American PIenpoenary, ssit should APP
pear that this treaty transient its very natures that 1t
conferred Great Britain no right bur that Of merely trad
ing with the indians whilst the country should unset
tied and making the necessary establishments for this Pur
that did not interfere with the ultimate sovereignty Of
Spain the territory; and above ALL that annuled
by the between Spain and Great Britain in 1885, and has
never since been renewed by the parties then the British claim
to any portion of the territory will prove be destitute of
foundation"
The undersigned will endeavor to show not only that when
Spain concluded with the United States the treaty lSl9
commonly called the Florida treaty. the concluded
between the former Power and Great Britain 1890
sdered by the parties to be still force but that
such treaty had existed Great Britain would stand
with reference claim to the Oregon territory position
at least as favorable as the United States.
The treaty of 1890 is not appealed by the British Gov
ernment the American Penipotentary suppose
their main reliance in the present discussion APP
pealed to to show that by the treaty of sl9 by which Spa
coded to the United States all her rights CLAIMS and pree
sions any territories west of the Rocky Mountains and north
lal IF
right to exclusive dominion any part Of the Oregon
territory.
The treaty of 1890 embraced in fact variety Of objects
partook of its spulaons of the nature of CON-
mercia convention in other respects it must be considered
acknowledgment of existing ghs-an admission Of
tain principles of international law not to be revoked the
pleasure of either party be aside by cessation of
friendly relations between them.
Viewed in the former light its spulaons might have been
considered cancelled in consequence of the which SUBJ
sequeny took place between the contracting parties
not that by the treaty concluded Madrid the 2sth Au
gust 1914, was declared that all the treaties of
which subssted between the nations (Geat Britain and
span) in 1876 were thereby ratified and confirmed
In the latter point Of view the restoration of state of
peace Of itself sucento restore the admissions contain
ed in the convention of 1890 their full original force and
vigor.
There are BESIDES positive for concluding
Spain did consider the spuaons of the Nooka conven-
ton to have been revoked by the Of 1885, require
in order to be binding her. that they should have been
presy revived renewed the Of peace
the two countries Had Spain considered that convention
have been annued by the other words had she
dered herself restored her position and
with respect the exclusive dominion the unoccuped
parts of the North American continent is be imagined
Drirain and me Uhsa
that territory the subject Of negotiation and formal diplomatic
transactions between those two nations.
is the contrary, from her silence with respect the
continued occupation by the British Of their settlements the
Columbia territory, subsequently to the convention of 1914,
and when yet there had been transfer of her rights
claims pretensons the United States and from her
lence also while important negotiations respecting the Colu
bia territory incompatible altogether with her ancient claim to
exclusive dominion in progress between Great Britain
and the United States fairly be inferred that Spain cons
dered the spulatons of the Nooka convention and the pr
cples therein laid down. to be still in force.
But the American Plenipoenay goes far that
the British Government itself had idea in lsls that the
Nooka Sound convention then force because refer
made to il the pa Of England during the nego-
iaon Of that year the Oregon question.
In reply this argument it viii be sufficient for the under
signed remind the American Penpotentay that the
1918 claim, derived from Spain, could be put
forth by the United States seeing that until the ol
lowing year he year 1879 that the treaty concluded
by which Spain transferred the United States her rights
cams, and preensons to any territories west Of the Rocky
Mountains and north Of the parallel Of latitude
Hence is obvious that in the year 1918 occasion had
arisen for appealing to the qualified nature Of the rights claims
and peensons transfened-a qualification imposed
least recognised by the convention Nootka.
The title of the United States valley Of the Column
ba the American Pcnpotenay Observes is older than the
Florida treaty Of February, lSl9 and exists independently
its provisions Even surprising, them that the British
struction Of the Nooka Sound convention 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 be upon the principle which
forms the foundation Of the Nooa convention could the
United States have acquired title any part the Oregon
territory previously the treaty Of ls9 independently
Of its provisions BY discovery, exploration settlement will
be the
But says the American Penpotentary in another part OF
his statement the rights Of Spain the West Coast Of Anne
rca far north the sixiys degree of latitude were so
complete to have been seriously questioned by any
European nation.
They had been maintained by Spain with the most vigil
liant jealousy since the discovery Of the American CONT
nen and had been acquesccd in by all European Powers
They had been admitted by Russia and that too
der sovereign peculiarly tenacious Of the territorial rights Of
her EMPIRE who, when complaints bad been made the Court
of Russia against Russian subjects for violating the Spanish
territory the Northwest Coast Of America did
the King of Spain that she extremely
the repeated orders issued the subjects of
hom violating in the smallest degree the territory belonging
to another Power should have been dsobescd.
In what did this alleged violation Of territory consist As
suedy in attempted Of discovery, exploration
settlement II
At that time Russia stood in precisely the position
Satcs and acts conravenion Of those rights whether
emanaing from Russia from the United States, would
ccssarily be judged by and the rule.
How, them il be pretended that which, in the
Of Russia considered violation OF the Span
sh territory, should, in the of citizens Of the United
States, be appealed constituting valid title the terri
And