New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-02-07
THE OREGON QUESTION.

The Courier and Enquirer has been for several
days ably presenting and advocating our claims to
Oregon. We do not clearly understand whether
the Editor insists on our exclusive right as extend
ing to n lat $40 40, and thus shutting out Great
Britain altogether from the Pacific or as merely
embracing all the territory watered by the Colum-
ba. From the tenor of his last argument, we in-
fer the latter. We wish he had seen fit 10 quote
the third article of the Convention OF the Escuria
instead of giving its substance rs he very proper
" does with those articles which Go not bear the
stress of the present controversy. Then we could
wish that he had consulted the best authorities on
the Law of Nations before asserting so positively
that "There can be no doubt that treaties are an
nuiied by pdy, and that they cannot aferwardl
be considered in force unless they are formally
renewed Unless we have read incorrectly, there
are Treaty stipulaticns which Var does not annul,
and others which are merely suspended by War,
and which become OF force again, ,cithout formal
stipulation, on the return of peace. VIII the
Courier reconsider this point, and see whether this
Convention of the Escurial was not one of the
latter class 2
Letus illustrate: Two nations agree Gas Frank
lin once urged) that the ships at sea OF private
citizens, peacefully engaged in commerce, shall,
rs between those two nations, be no more subject
to capture and spolia,ion, than the dwellings,
crops and movables OF citizens on land Certain
ly War would not annul nor suspend this stipula-
tion. Again: we have settled with Great Britain
our entire Northern Boundary, from New Bruins
wick to the Rocky Mountains. Suppose we
should now be foolish enough TO go 10 War, and,
when its disasters had pounded little common
sense into both Nations, we should agree simply
TO be at peace again. Would not our Northern
Boundary I'm the absence OF any stipulation at
tecnng ~ be thereafter JUS, the same as it now is
We think so, most certainly; we are confident
that this whole ground is very clearly coveredb
Wheaton, md We think it is by Va,tel and other
European authorities, bu, of Them we will not
speak positively.
Let us now call the Courier's attention TO some
further considerations:
We must be CAREFUL in asserting our right 10
Oregon, not TO base 1t on grounds which contra
dict and so destroy each other.
Either Spain had or had not a general RICH, to
what we now term Oregon prior TO the Convea
ton OF the Escurialin $780, We believe i, a, once
right aad expedient on our side TO ADM, such
rgh,--nay, insist upon it. Thus we get rid a,
once of all controversy about priority of disco
very and possession. We say, Ii matters no,
whether Capt. Gray, IN private trading vessel,
had or had not authority 10 take possession OF
tho region Of the Columbia; for it had been dis
covered and claimed for Spain by Heceta, sew
'enseen years before, and was Spanish territory
when Gray visited it-and thence is now oar
territory, having been indisputably transferred
so US in 1872 But if we reject this ground,
and nsser, claim founded on Gray's discovery,
We at once open the discussion as 10 the right OF
Capt Gray-a private citizen in a trading vessel
to take valid possession Of new county-sn