The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1846-01-31
MR.. BUCHANAN'S LAST LETTER TO
ai Mr.. PACKENHAN,y
usS a,,sgt ON lp g4fFAtI
The .american Title to Oregon.
,DEpARrMENT OF STATE,


ofthe United States, deems it his duty
to make some observations in reply to
the statement of her Britannia Majes-
ty's envoy extraordinary and minister
plenipotentiary, marked R. P. and dated
29th ofJuly, l845. % -a'}la D. ''A2
Preliminary to the discussion, it is
necessary to fix our attention upon the
precise question under consideration,
in the present stage of the negotiation.
This question simply is, were the titles
of,Spain and the United States, when
united by the Florida treaty on the 29d
Of February, 1919, good as against
Great Britain to the Oregon territory
as far north as the Russian line, in the
latitude of 81 degrees 40 minutes? If
they were, it will be admitted that this
whole territory now belongs to the Uni
ted States. r..
The undersigned again remarks that
it is not his purpose to repeat the argu-
ment by which his predecessor, Mr..
Calhoun, has demonstrated the Ameri-
can title "to the entire region drained
by the Columbia river and its branch
es." He will not thus impair its force.
1t is contended on the part of Great
Britain, that the United States acquired
and hold the Spanish title subject to the
terms and conditions of the Nootka
Sound Convention, concluded between
Great Britain and Spain, at the Escu-
ria, on the 28th October, l7e0.
In opposition to the argument of the
undersigned, contained in his statement
marked ]. B. maintaining that this con-
vention had been annuled by the war
between Spain and Great Britain, In
1895, and has never since been revived
by the parties, the British plenipoten-
tiary, in his statement marked r, p. has
taken the following positions:
i. "That when Spain concluded with the Uni
ted States the treaty Of l8l9 commonly called the
Florida treaty, the convention concluded between
the former power and Great Britain, in 1890, was
considered by the parties to it to be still in force
And 2. 'But that, even if no such treaty had ev-
er existed, Great Britain would stand, with refer
tnCe 70 Claiu 10 Tie oregon teTTItOTy, III POSI-
ton at least as favorable as the United States"
The undersigned will follow, step,
by step, the argument Of the British
plenipotentiary in support Of these
propositions.
The British plenpotentiary states
s.that the treaty of 1890 is not appeal
cd to by the British government, as the
American pleni potentiary seems to sup
pose, as their 'maIn reliance" in the
present discussion; but to show that,
by the Florida treaty ofl819, the Uni
ted States acquired no right to exclu-
sivedominion over any part Of the
Oregon territory.
The undersigned had believed tha!
ever since 1896, the Nootka Conven-
tion has been regarded by the British
government as their main, if not their
only, reliance. The very nature and
pecu'iarity Of their claim identified it
with the construction which they have
imposed upon this convention, and ne
cessarily excludes every other basis of
title. What but to accord with this
construction could have caused Messrs.
Huskisson and Addington, the British
commissioners, in specifying their title,
on the 18th December, 876, to declare
"that Great Britain claims no exclusive
sovereignty over any portion of that
Her present claim not in
respect to any part, but to the whole,
is limited to right of joint occupancy
in common with other states, leaving
the right Of exclusive dominion in abey-
ance.'' ''ns.And again. sBy that conven-
lion (of Nootka)it was agreed that all
parts ofthe Northwestern coast of Amer
ca, not already occupied at that time
BY either of the contracting parties,
should ,tbenceforward be equally o pen
o the subjects ofboth for all purposes
# commerce. and settlement--the SOW
'reignty remaining in abeyance." But
IN this subject we are not left to ormere
nferences, however clear. The Brit /!
sh commissioners, in their statement,
rom which the undersigned has just :
uoted, have virtually abandoned any
ther title which Great Britain may :
ave previously asserted to the terri 5
Dry in dispute, and expressly declare .
that whatever that title may have Z
cen, however, either on the part of :
ireat Britain oronlthe part OF Spain, e
rior to the convention Of 1890, II was d
lenceforward no longer to be traced r
vague narrativespof discoveries, sew Q
raj Of them admitted to be apocryphal, 8
utjn the textsand stipulations Of that 9
onvention itself.p atidi aeaet q .
Aid again, in stunning uptheir whole 9. q
ase, they say;Sgss II s6bisaa lsgglb N ?
Admitting that the United States have scqur- q
allthe rights which Spain possessed up to the g