The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-04-28

AsA O~PSS "eAAys So,A~t YEAR
-
OF CLAIM OF Great Britain to any part OF the north.
west coast south OF 81 40, derived from whatever
s sou.ce sne may now choose to select, il may be
Iouno, sir, IN the most solemn and imposing form.
ny tne convention between the United States and
rlussis, maoe on The 18th of April, 1924 II was
agreed that she should make no settlement south
OF o. ~ norm latitude, and we none north of that
parallel Il Is fact, IN the history of that trsnssc
tion, that 1t was contemplated to have AZ thar lime
a joint convention between England, Russia and
the United States; but after the annunciation 40
President Monroe Of the non- colonization nrinc;os
in regard to this continent, il was abandoned. and
separate conventions were framed. Great Britain
being thus aware, sir, OF this arrangement between
us and Russia, and wishing TO secure the sovereign
~ and possession OF part OF that coast entered
into negotiations with Russia for that object and
by the convention of the 2Slh Of February, 1875,
than ten months after the date of the conven-
ton between the United States and Russia, Great
Britain accepted stipulation restricting her to the
coast lying between "a 40 and Sc OF north latitude
In thus accepting sir, this restriction on the SOUTH
either Great Britain tacity relinQuished any preen.
slons to interfere with territory of the United
States, or the Russian Government undertook to
prevent such interference ESQ far she could do it
by treaty. with the rights Of the United States N
recently acknowledged by herself, under the solem-
nifty OF treaty forms. The former is to be presumed
sir, rather than the latter; and magnanimous spirit
would attribute such acknowledgment by the Bri-
fish Government TO a consciousness OF the superior
title OF the United States to that territory above all
other nations, we having then the entire Spanish
title, rather than to the tame submission Of nation
possessing power more extensive than that of
Rome in the p,enitude Of her glory.
1t may be said, SIR, that the arrangement betw zen
Great Britain and Russia did affect any conflict
ing claims as between Great Britain and the Knitted
States to any territory south of 81 40 but the value
OF this suggestion will be properly appreciated sir
when it is considered, that in the negotiations be-
tween the United States and Russia no notice was
taken by either party OF any claim whatever OF Great
In nj hat fprri -
to be supposed would have been the case had anv
knot0n, ,CeN founded claim on the part OF Great Br-
tain existed. nation OF her power would scarcely
have been treated with SO much indifference not 10
say disregard, by the other contracting parties
Moreover, sir, had Great Britain considered her
self In 1924, as possessing any right the terrific
~ south OF "a 40, or had she considered herself as
having claim not in respect to any part, but to
the whole, limited to right OF joint occupancy is
tCith other States, leaving the right OF do
minion IN abcyance," It Is not to be imagined, aa
observed by the present distinguished Envoy of
Great Britain to our Government, Gin speaking of
the pretensions of Spain to the same terrtory that
Great Britain "would have passivey submitted to
see the contendng claims OF Russa and the United
States to portion OF that territory the subject of
formal diplomatic transactions between those two
nations"
1t important, SIR, to the interests of the United
States that an arrangement OF this kind should be-
made with Russia after we had succeeded to the
title of Span Russia had establishments on thar
coast OF very considerable antiquity at IS and SO
composed red
individuals, and, on the principles Of contiRur and
continuity, might well have claimed a more SOUTH
ern boundary; and she was the only power whose
pretenslons we might have found difficult to resist.
being coterminous with US in our extension north
on the same principle Of continuity for il is adj
mited, sir, on all sides, that the claim of Spain to
Nootka at ~ 80 is good, by virtue of her settle
aon snd ~ me- sss then extending
north from Nootka, would bring the line very near
the parallel OF "a 49, which these parties did In fact
establish.
Believing, Mr. President, the grounds set forth
to be conclusive OF the title of the United States To
the territory in question from latitude AZ to 81 40
north, do not deem II necessary to enter into a
discussion OF many considerations pertaining to Inc
case which have been brought to our view bv the
able efforts OF distinguished oipomatlsts. Il nav.
however, sir, not be inappropriate as IN close coS
nexlon with this subject and as having a favorable
bearing upon our I!e, 70 noce the just remarks OF
Lord Bathurst, IN his communication to our Secre-
tary OF State OF the Both of October, 1916 discus
sons being then pending as to the effect and opera
ton OF the treaty OF Client, but short time prev-
= 1t will not be denied" he said that the main
object OF the treaty Of Client was the mutual restor
aon Of all territory taken by either party from the
on sac du,ng .ns war AS necessary
boundaries as before the icar cithout rerewcs 10 Ii.
title by tchich these possessions icere ocqwired or "a
the mode in ichich their boundaries had been previou,v
fred 4! point Of fact, ihe United States had bsfors
acquired possession of territories asserted TO depend an
other TITLES than those which Great Britain , could
confer"
Again, he says-",It is justly stated by the Ame-
a new grant OF the boundary line. The war did NOT
arse out Of contested boundary; and Great BIZ
tam. therefore, by the act Of treating with the
dimensions, excepting SO far the JUS bell, had in
tensred with them and it was the object Of the
treaty OF Client to cede such rights to territory a.
the jus betlt had conferred"
cd IN ceL~
question concerning the territory Of Oregon will be
seen to have a peculiar and powerful force
Ihe 1ss oeii., SIR, had given to Great Britain the
American settlement Of Astoria at the mouth Of the
Columbia river-the symbol OF our sovereignty and
title there-the rghtful possession OF which had
been acquired by US previously, and rested on
other titles than those which Great Britain could
confer" The main object Of the treaty Of Client
was, the mutual restoration OF all territory taken
by either party from the other during the war"
The United States claimed title to the whole
and settlement, In their own right. and by ces.
sion from France; and "wIthout reference 10
the title by which 1t was acquired" they revert.
60 70 the rignt as II existed before the war Be-
OF the territory of Oregon-of distinct parts in
the name Of the whole. BY the war We lost II: and
by the unconditional surrender Of this part, on the
9th OF October, 1873 without any reservation what
ever, we were from that moment, again in legal
in the exclusive possession and be-
came sovereigns de tdco not de jSre, Of the whole
country ciaimeo; tne Driusn Government, through
their authorised functionary, admitting, ain the
most ample extent, our right to be reinstated, and
10 be the party IN possession while treating OF the
lltle" Great Britain is estopped from denying our
right to be in possession by her own acknowledge
ment; she cannot now contest it. This right Of
possession, sir, we now, and from thence, have
wholly enjoyed and we cannot be deprived Of the
right, except by force or by voluntary cesson on
our part. Having thus, SIR our sovereignty acknow-
lodged, fourteen days after the restoration Of Asto-
ria, the 20h Of October, 1875 without any equi.
valent whatever the concessions in the first
article OF the convention Of that date were intended
BY the high contracting parties as an equivalent :,
we agreed with Great Britain, that tins territory
shall, together with its harbors, bays and creeks
and the navigation OF all rivers within the same be
ree and open tor the term Of ten years from the date