The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-21
THE UNION.
THE OREGON QUESTION.


treaty with Spain, and its subsequent confirmation
by Mexico, is complete title; that 1t rested origin
ally, not, as has been pretended, upon the papal
bulls Of demarcation, but on all the foundations
usually relied upon in similar eases-viz discovery,
conquest, occupation or settlement, and contiguity;
and that il is still perfect and impregnabe, except
ing 30 far as it may have been qualified by the
acts of Spain herself, performed before it came
into our possession. Any title, however clear and
complete, may, of course, be impaired or entirely
abandoned by voluntary concessioni and it is con-
tended by the advocates of the British pretensons
in Oregon, that the claim Of Spain to exclusive
sovereignty over that territory, whatever may have
been its value BEFORE was lost forever by the effect
of the Nootka convention. Those persons, who,
like Messrs Gallatn and Riyes, regard the original
Spanish title as an "absurd and ridiculous" preten-
sion, attach no great importance to this point in
the argument Il would, in fact, be a matter OF
very little consequence, whether claim, which was
originally worthless, had, had not, lest any part
Of its force by the act Of the party possessing it,
On the view which we have taken of the subject
the effect Of the Nootka convention is the point
upon which the controversy between Great Britain
and the United States considerably turns. II the
Spanish title be, have represented il, perfect
and impregnable, except SO far as it has been quail
fled and impaired by that treaty. and if that treaty.
whatever may have been its original operation, be
no longer in force, then Great Britain has no
right, claim, or pretension whatever-or, in the
language Of Mr. Clay, mot even colorado title"
to, or in, any part Of Oregon. IT. on the contrary
as has been maintained by some Of the advocates Of
the British side, including, as it seems, Mr. Gal
latin the Nootka convention be still in force Great
Britain, of course, possesses at present all the
rights which were secured to her by that instrument
We are bound, in that case, to acknowledge their
existence and either acquiesce in her exercise Of
them, or prevail upon her to relinquish them for
fair compensation TO US.
1t is accordingly remarked with justice by
Messrs Husksson and Addington, British plen-
ipotentiaries, in a statement made by them
during the negotiation Of 1862, that whatever
may have been the respective claims Of Great
Britain and Spain to- or in, the northwest coast Of
America before the Nootka affair, they "wsre
thenceforward no longer to be traced in vague
ratives Of discoveries, several Of them admitted to
be apocryphsl, but in the text and stipuations Of
the convention ITSELF"
In like manner, Mr.. Pakenham, in his letter to
the Secretary of State Of July IS, ls45, undertakes
to prove, that "the Nootka Sound convention has
continued in full and complete force up to the pres
ent moment" and although he also sfirms, that
even without the aid Of this convention, his gov
eminent have sat least as good case as the United
States" he is able to maintain this line Of argument
only by unduly depreciatng the value Of the original
Spanish title. On the view which we have taken Of
that branch Of the subject, the questons-what was
the original effect of the Nootka convention--and
whether il is still inforce,-are therefore, some Of
the main points upon which the two governments
are now practically at issue.
1t is one of the singular sports of fortune, that
this riAing incident in the great action Of the last
century, which, appearing at the time Of its occur
renee like little cloud on the verge Of the political
horizon, passed of without leaving any other
traces than few public documents, and in the midst
Of the mighty commissions of the French revolu-
ton was Immediately overlooked and forgotten,
should have become one great point upon which the
question of peace or war for the civilized world is
made to turn. In saying this, would not be under
stood to imply that we have any strong apprehen-
sion, that the latter branch Of the alternative will be
realized. Wedeem it almost next TO impossible that
Great Britain and the United States should now go
to war for any motive and least of all, upon such
quarrel as this We hope that it will terminate in an
honorable peace. But should the contrary result
doubtedly, be difference Of opinion between the
two governments upon the construction and results
of the Nootka Sound convention.
This branch of the subject has been treated with
mastery and universally acknowledged ability by
the Secretary of State. The few remarks that we
propose to make upon it, will relate chiefly to sug'
gestions made by Messrs. Gallatin, Rives, and
others, since the publication of the official cores
pondenoe.
THE NooTKA CONVENTION.
1t is immaterial to the present purpose, and would
occupy too much space, to recapuate in detail the
series of events that terminated in this transaction
They had their origin pary traffic in furs between
a lieutenant in the British navy, and some of the
native inhabitants of the northwestern coast
carried on at the harbors Of Nootka on the
west side Of Vancouver's island. The yes
sells employed in this traffic were seized by
the Spanish authorities, bu. from consideration
for the British flag, were restored by the vceroy
Mexico, before the affair had been made subjec
of discussion between the two governments. Th'
Spanish government, on being informed Of Thu
transaction, addressed Immediately, through thei
ambassador at London, to the British minister o
foreign affairs, remonsrance against the violation
of their colonial system by the entrance of British
vessels into the harbor of Nootka. Far from &C
knowledgng the Justice of this complaint, the Brit
ish ministry replied by demanding, in rather in,
perious manner, further satisfaction for the insul
offered to the British flag by the seizure of the yes
sells bearing it, before they would even consent L
negotiate upon the merits Of the case In tn
mean time royal message was sent to Parliament
representing the affair according to the British
sion and recommending immediate pr operations 70