Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-01-13
THE OREGON NEGOTIATION.
Ico1r-syondcnee min he Department Of State
[coNrlSuEp.J
OBJ
Department of State,

has read win attention tue CONNER sldieueu' VI
,h- BRUSH PenipolenliaIy, but without weaken
ins hi, confidence in the validity Of the little OF
The United States 10 the territory, as set forth ia
his statement, (marked AZ As therein set forth,
il rests in The tisl place, on priority OF discovery
sustained by their own proper claims, and those
derived from Spain, through The treaty OF Florida
The Undersigned Dies mol understand the
Counter statement as denying that The Spa
nish navigators were the first 10 discover
and expl re the entire coasts OF the Oregon
territory, nor that Hecea was The first who dis
covered the mouth OF the Columbia river; nor
that Captain Gray W the first 10 pass It's par
enter lis mouth and sail up It's stream; nor ma.
these, il Jointly held by the United States Wouia
give them The priority OF discovery "hich 'ney
claim On the contrary. IL would seem tnd' 'he
counter statement, from the ground II takes, adj
mis- such would be The case on that supposion;
for /, assumes ,hatSpaip, By the Ncotka Sound
convention in 1890, Invested herself of all claims
10 territory, founded on the prior discovery and
explorations of her navgaors, and that she could,
conseous n,iy, transfer none 10 the United STATES
b, the treaty OF Florida. Having put aside Inc
claim OF Spain By This assumption, Inc counter
statement next attempts TO oppose The claims OF
the United States by those founded on me Voy-
ages If Captain Cook and Meares, and 10 supef-
ssd. the discovery OF Capt. Gray, on The ground
that Vancouver sailed farther up The Columbia
river than he did, although he effected it by The
aid of his discoveries aud charts
II will no, he expected of The undersigned, that
he should seriously undertake 10 repel what ne IS
constrained TO regard as mere assumption, I'M
sustained by any reason II is sufficient, on his
part, 10 say, that in his opinion, there is nothing
in the Noolsa Sound convention, or IN The trans
actions that lei 10 it, OF in the circumstances al.
lending il, 10 warrant The assumption. Inc con-
veniion relates wholly TO other subjects, and con-
inc MT ward in reference 10 the claims oil
Spain II on this assumption thatlh counter
statement rests lis objection 10 The well-iounded
American claims 10 priority of discovery. With
ont it, there would no, be plausible objection
left 10 them.
The two mex, claims on which the United
States rest their tile 10 tie territory, as set forth
in statement A, are founded on their own proper
right and canno. possibly be affected by The as
sumed claims oil Great Britain derived from the
NJolka convention.
The mrs. of these is priority Of discovery and
exploration OF the head waters and upper POI
lions of the Colu nbja river by Lewis AMI Clarke
By which tha, great stream was first brought 70
the knowledge OF the world, with The exception
Of a small portion near The ocean, including us
mouth. This the couner-sialement admits; but
attempts TO set off against ii the prior discovery oil
Mackenzie, of the head waters OF FraZief's river
quite an inferior stream, which drains Inc
NOrtlSTn pOEltOu Va tHC ~ % SiSo't
that, whatever right Great Britain may derive
from his discovery, it can in no degree affect The
right of The United States 10 the region drained
by the Columbia, which may be emphalically
called the river OF The territory.
The next of these, founded ON their own proper
right. is priority OF settlement. Il is not denied b.
The counter-slatement that we formed the first sell
Element in the portion OF the territory drained oy
The Columbia river, nor does II deny that Astoria,
a Ia hon nj
der The third article OF the treaty OF Ghent BY
agents on The part Of Great Britain, duly author
lied 10 make The restoration, TO an agent on The
part OF the United States, duly authorized 10 re-
t.sive It. Nor does il deny that, in virtue thereof,
they have the rishto be reinstaied, and CONSIDER
ed the party in possession, while treating OF The
tile, as was admitted by Lord Castiereash III ine
negotiation OF 1918; nor tina, the convention oi
1873 signed few days after The restoration, ard
that of 1897, which is still in force, have pre-
served and perpetualed until now all The rights
thew possessed 10 the territory at Inc time, includ-
Ing That of being reins;atei and considered The
marty in possession while the question oil TILE IS
depending and is now the case. !, IS true, II al
tamo,s 10 weaken The effect of these implied adj
missions-in the first place, by designating posi-
i've treaty s,ipulations as ian understanding be-
tween the Two governments" but change oil
phraseology cannot possibly transform treaty oo-
legations into mere understan ing, and, IN Inc
next place, by stating, that We have net since me
restoration oi Astoria, actually occupied II; OUT
that canaol possibly affect oar right 10 De rem
stated and 10 be co sidered in possession, secured
10 us by The treaty of Client, implied IN the act OF
restoration, and since preserved by positive iea-
" sipulations. Nor can The remarks OF Inc
counter statement, IN reference 10 Loru Cas'le-
reaga's admission, weaken our right OF posses
sion secured by The treaty, and us formal ana IN
conditional res Grafton By duly authorized agents.
Ii is ON these and not on the DENIAL OF Tue ahtheh-
liciy 0. Lord Casllereash's despatch, that the
United States rest their right OF Possession, what
eyer verbal communication the British minister
NAV have made al the time TO our Secretary Of
State. and i, is on these thai they may safely resi-,
se,pg aside altogether The admission OF Lord
CasIiereaSh.
Tn. next claims on which our title 10 the terri
tory rest are those derived from SPAN, oy Inc
Treaty ceding Louisiana 10 the United States, IN
GLIDING those she derived from Great Britain oy
The treaty Of 1873. lteslabi>hed the MISSISSIPPI
as SHE irrevoca bic boundary between The terrific
ries OF France and Great Bri,aip;" and thereby
The latter surrendered to France all her claims on
this Continent West of that river, including, OF
course all within The chartered limits of her linen
colonies which extended 10 The PACING ocean.
on these united with those Of France, as The pos
SCISSOR of Louisiana, We rest our claim OF con-
,iouty, as extending 10 that ocean, without an OPP
posing claim, except that oil SPAN, which we nave
since acquired, and consequently removed, py we
Treaty Of Florida.
The existence Of these claims The counter
s,a,emen, denies, on the authority OF Mr.. Jeffcr.
son: but as i, appears 10 the undersigned, without
alternate reasons He does not understand Mr.
Jefferson as DENYING that The United States &C
onired any claim 10 the Oregon Territory BY the
acouisi,ion oil Louisiana, either IN his letter OF
1858 referred to by The counter statement and
which il gives an extract, or IN the document OF
1907, TO which il also refers IL is nan'ies', rom
The extract ITSELF that the object Of MT Jefferson
was 10 state the extent OF the claims Urea
with Louisiana, but simply 10 state how lar us
unouestioned boundaries extended; and these he
limits Westwardly by the Rocky Mountains. II
is in like manner manifest from The document,
as cited nv the counier-s'atemcnt that MS ooJscl
was no, 10 denv tina; our claims extended 10 the
territory, but simply 10 express MS opinion OF inc
impolicv in the then state OF our relations WIN
Spain, Of bringing them forward. ms, 50 iaf
from DENYING that We had claims, admits them by
the cleafesl implication. II, indeed, in either
case. his opinion had teen equivocaliy expressed
the prompt measures adopted by him 10 explore
The territory after the Treaty was negotiated, ou'
before il was ratified, clearly show that II was
his Opinion no, only that we had acquired claims
10 ii, bit highly important claims, whlchdeserveo
prompt attention. . =,
In addition TO this denial OF our claims 10 me
territory ON the authority OF Mr. Jefferson which
the evidence relied on does not seem TO sustain
The counter statement inlimales an objection e
continuity as the foundation Of right, 90 ,h'
ground that it may properly be considered (it
use his own words) as demonstrating the create
degree OF the interest which the United States pos
sessed, by reason Of con,guity in acquiring ter
ri,orv in a westward direction. Conlguity, may
indeed, be regarded as one Of The elements con
shutting the right OF contiuuy-which is NOR
comprehensive is necessarily associate h
with the Ugh, OF occupancy as has been show,
in statement A. 1t also shows that the laws whicl
usage has established, in the application OF In
right to this continent give TO The european SCI
,lements on its eastern coasts an indefinite exten
sion westward. II is now TOO late for Great br'
tain 10 deny righ, on which she acted SO Ions
and by which she has profi;ed so much; or 10 re
gard il as mere facility, not affecting, IN an