Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-01-16
THE OREGON NEGOTIATION.
Correspondence uiM lie Department Of STATE. ]
tcoNoLuDED.l
G.. B. p
DEPARTMENT OF STATE,

United Sales, deems il his duty TO make some OBJ
servations in reply 10 The statement OF her BIZ
tannic Majestys Envoy Extraordinary and Mi
Mister Penipo,entiary, marked K. P, and dated
29h July, lS45.
Preliminary 10 The discussion, il is necessary
TO fix our attention upon the precise question un-
der consideration, in the present Stage Of the me-
guiation This question simply is, were The IL
Ties of Spain and The United States when united
by The Florida treaty on the I'D OF February,
1919 good as against Great Britain, 10 the Ore
gon territory as tar North as the Russian line,
in the latitude Of 81 deg 40 MIMI II hey were,
il will be admitted thai this whole territory now
belongs to the United States.
The undersigned again remarks, that II IS not
his purpose TO repeat the argument by which his
predecessor, Mr.. Calhoun, has demonstrated the
American title ITO The entire region drained by the
Columbia river and its branches lie will not
thus impair its force
It is commended, on the part Of Great Britain,
that the United States acquired and hold the Spa
nish title subject to The terms and conditions OF
the Nootka Sound convention, concluded between
Great Britain and Spain, AT the Escuiial, on the
2oth October, 1880.
In opposition 10 the argument OF the undersign-
ed, contained in his statement marked J. b. main
tanning that this convention had been annued by
the war between Spain and Great Britain, in
1896, and has never since been revived by the
partSS tue DTllSH fienlpOlentldly, III MS state
ment marked Il. p. has taken the following po-
sitions
l. THAT, when Spain concluded with the
United States the treaty OF 1919 commonly called
the Florida treaty, the convention concluded be-
tween the former power and Great Britain, in
$780, considered by the parties TO il TO be still
in force"
And 3 "But that, even if no such treaty had
ever existed, Great Britain would stand with re-
- a.
position at least as favorable as the U. States"
The undersigned will follow, step by STEP the
argument OF the British Plenipotenliary in sup
port OF these propositions.
The British Plenipotentiary slaes "that the
treaty OF 1890 is mol appealed 10 By the British
Government, as the American Peni poteniary
seems 70 suppose, as their main reliance in The
present discussion" hut 10 show that, hy he Flori-
da treaty of 1919, the U. States acquired no right
10 exclusive dominion over any part Of The Ore
gon territory.
The undersigned had believed that ever since
1926 the Nootka convention has been regarded
by the British Government as their main, il not
their only reliance. The very nature and pccu-
liarity of their clai i'm identified il with the con-
sruclion which they have imposed upon This
convention, and necessarily excludes every Other
basis of title. What but 10 accord with this con-
strucon could have caused Messrs. tiuskisson
and Adlins,on. the British commissioners in
specifying their title on the 10Th December, 1896,
10 declare shat Grea, Britain claims no exclu-
sive sovereignty over any portion ui tia; terrific
ry. Her present claim, not in respect 10 any
part bu, to the whole is limited 10 right OF joint
occu pancy in common with other states, leaving
the right Of exclusive dominion in allegiance?
And again: "By that convention Col Noolka) il
was agreed that all parts OF the Northwestern
coast OF America not already occupied al that
time by either of the contracting parties, should
thenceforward be equally open TO the subjects OF
both for all Purposes Of commerce and settlement
The sovereignty remaining in allegiance" But
on this subject We are mol left TO mere differences
however clear. The British commissioners, in
their statement from which the undersigned has
lust quoted, have virtually abandoned any other
title which Great Britain may have previously
asserted to the territory in dispute and expressly
declare cha, whatever that title may have been,
however, either on the part OF Great Britain, or
on the part of Spain, prior 10 the convention OF
1890 IL iras icnccorrard no longer 10 be traeed in
vagne narratives IF discoveries, sereral If them ad
usitled IN be apocrpphai 6a in Tie text and s',pta-
tions Of that conren!ion ITSELF
And again, in summing up their whole case
they say
Admitting that the United States have acquired
all the rights which Spain possessed up 70 the
Treaty of Florida, either in virtue Of discovery
IS
Britain maintains, that the nature aud extent O
these rights, a. we'll the rights OF Great Britain
are fixed and defined BY The Convention Of Moot
ka," &C, &C., &c.
The undersigned, after careful examination
can discover nothing in the note OF The presen
British Plenipotentary to Mr.. Calhoun, OF tn
18th September last, TO impair the force Of thes
declarations and admissions OF his predecessors
On the contrary, its general tone is in perfect ac
cordancc with them.
Whatever may be the consequences, then, whe
Their for good or for evil-whether TO strengthen
or 10 destroy the British claim-it is now loo lat
for the British Government ~ vary their position
If The Nootka Convention contcrs upon them !
such rights az they claim, they cannot al this lat
hour go behind its provisions, and SET up claim
which, in 1896, they admitted had been merge
Gin the text and stipulations OF that Convention
self"
The undersigned regrets thatthe British plenipo
tep,iary has not noticed his exposition of the tru
construction OF the Nootka Convention. He ha
endeavored, and he believes successfully, TO prov
that this Treaty was transient IN lis very nature
that il conferred upon Great Britain no right bt
that of merely trading with The Indians willis
the country should remain unsettled, and maxim
the necessary establishments for this purpose; an
that il did not interfere with the ultimate sovt
resnty of Spain over the territory. The BIRTHS
Plenipotentiary has not attempted 10 resist Ties
conclusions If they be fair and legitimate, the
il would not avail Great Britain, even If sh
should prove the Nootka Convention 10 be still i
force. On The contrary, this Convention, il IN
construction placed upon il by the undersigned b
correct, contains clear virtual admission on IN
part fGreat Britain that Spain held the eventus
right of sovereignty over The whole disputed terri
tory; and consequently that il now belongs 10 IN
United States.
of D., ID do in
the same whether ar not the convention has cor
,inued to exist until the present day. But he
willing 10 leave this point on the uncontroverte
argument contained in his former statement.
But is the Nootka Sound convention still i
furce7 The British plenipo,entiary does nc
contest the clear general principles of publ
Law, shat war terminates all subsisting treate
between the belligerent powers" He contends
however, in the frs, place, that this conventio
is partly commercial; and that, so lar as il PAL
takes Of this character il was revived by the trea
~ concluded at Madrid on the 18th August, 1915
which declares, shat all the treaties OF commerc
which subsisted between the TWO parties (Grea
Britain and Span) in 1896, were thereby rati
fed and conhrmed;" and, ID, shat in other re
spects It must be considered as an acknowlede
men. of subssting Fights-an admission of Ger
tain principles OF International law" not 10 b
revoked BY war.
In regard to the first proposition, the under
signed is satisfied TO leave The question 10 res
upon his former argument, us The British pleni
poteptiary has contented himself with merely as
sertna the fact. that the commercial portion Q
the Noo,ka Sound convention was revived by tn
treaty of 1914, without even specifying what b
consider. to be that portion OF that convention :
Ifthe undersigned had desired to strengthen hi
former position, he might have repeated will
great effect the argument contained in the not
ofLori Aberdeen to the Duke of So,omayor, da
ted Both June, Is45, in which his lordship clear
" established that all the treaties OF commerc
subsisting between Great Britain and Spain pre-
vious to 1876, were confined TO the trade will
Spain alone, and did not embrace her colonie
and remote possessions.