The Sun.
London, England, 1845-12-31 00:00:00

subjects of each Power should have free accesF, the right;
of exclusive dominion remaining suspended. Surely, it:
.P.annot be_sueeessfully,..contendcd_ that_ such a treaty is
an adinissionmofi.nirta.itt, ,pt•ittn'tyles or„internationall
law "so accred aticl. so perpetual 'Pa theurnattire 'as not "-1 4rd-.
to be appulled by war. On the'conerilfy,' liorn—the cl
ratter of its proeisionseit cannot be s..uppcsed for a single r
nromnt that it, ava,s intenckd for,apy,purPese but that of" "
a mere temporary ,arrangetnerit tween '••
and Spain. Th,e-law ot nations recognises no such -c"
ciples in regard-to
-a aappropriatellieryitory as those em=' ' -
. braced in this treaty ; and the British Plenipotintittiy - •
must fail in the attempt to prove that It eontaine an' •
admission of -certain principled of international'
which TIM sum* the shock. iwar,
But the, Brit3ialzpnipotpntia,ry. Contendi that froth the, • .
silence of spa4nduring the negotiations of 1818, between.",
Great, Britain ,and - the
.linited, 4tates, Jespecting the 1.
,
.Oregon.territory, . well as ";From. her silence with
respect to the( centinui d: occupation ,by the British 'o:'
,their.settißmentis in the Columbia. territory,subsevently"
..to the convention_ .of, 1814," it may ;_Fairly, '` be inferred -
that Spain censjdered the, stipelatipna et the Vootka
convention and the .principles therpin;laid down" to. bo
still in force."
The undersigned cannot :imagine a case where the'
obligations of a treaty, ;once extinguished,' by war, can, ,
be revived without a positive agreement to this effect'
between the--parties. Even if both parties after the
conclusion of peace should perform positive eind unequi.
vocal acts in accordanee with its provisions, these 'must
be construed as merely voluntary, to be discontinued by
either at pleasure. .13nt in the. present. cane it is not
even pretended,.) at Spain• performed any, act in accord-
ance with the, c. nvention of Nootka .Sound, after her
treaty with Great Britain of 1814. lier mere Silence is
relied upon to revive that convention.
The undersigned asserts confidently, ,that neither by
public nor private law, will the mere silence of one .
party, whilst another is encroaching upon his rights,
even if he had knowledge of this. encroachment, deprive
him of these.rights. It' this principle be correct as rip-_
plied to individuals, it holds with cinch greater force in •
regard to nations. The feeble may not be in a condition -
to to complain against the powerful ; and thus the en-
..croachment of the strong would convert itself into ra.
perfect title against the weak. -
In the present,case it was scarcely possible for Spain
even to. have learned the pendency of negotiations ,
tween the United-States and Great Britain, in:relation
to the north-west coast of .America, before she had cederl`
all her rights, on that coast to the fornier.,l3b; the
••
Florida treaty:of the 22d of February. 1819., Thp.c.on•
vention of joint cr:cupation, between the United, States
and Great Britain was not signed at London
.writil the
20th of October, 1818—hut four months previous to the .
date of the Florida treaty, and the ratifications were not ,
exchanged, and the convention published, until the 30th
of January, 1819.
Besides, the negotiations which terminated- in the
Florida treaty had been commenced as early as Decem-
ber, 1815, and were in full progress on the 20th October,
1818, when the convention was signed between Great
Britain and the United States. It does not appear,
therefore, that Spain had any knowledge of the exist-
ence of these negotiations, and even if this were other- ,
wise, she would have had no motive to complain, as she , ,
was in the very act of transferring all her rights to the
United States. -
But, says the British Plenipotentiary, Spain lookedin
silence on the continued occupation by the British. of
• the settlements in the Columbia territory subsequently '
to the convention of 1814 ; and, therefore, sheicort.
sidered the Neotka Sound convention to berstill. in force.

~'S

I

The period of this silence, so far as it could affect Spaini !-•
commenced on the 28th day of August; •1814,.,the; „„
date of the additional 'articles to the treaty of Madrid,:?. ,
and terminated on the 22d of February, -1818, the .
date' of the Florida treaty. Is there the reason 7
from this silence to infer an admission-ofe Spain of the
continued existence of the Nootka Sound convention? In
the first place, this' convention was entirely vonfinedta.
landing on the coasts 'of those seas, in places not already.
occupied, for the purpose of carrying on their commerce -:es t
with the natives of the -country,nr of makingsettlements
there. It did norextend to- the interim:. At the date ot, .
this convention- no person -dreamed that British traders
from Canada or, ?Hudson's Bay would cross the Rocky
Mountains, and encroach on the rights of Spain from 77)
that quarter.' `'Great Britain had never made any settle-
ment on the aerth-westernfcoast“of America, from tho.vfel 7 -
date of the Nnetka Senna convention- untikthe
February, 1849,1 nor; ,So far as • the' undersigned is in-,At.
formed, has site donefao down to .the-present moment.-,-i-vr,io I, ''•
Spain coati:V/lot, therefore, ltave complained'oritny' ' 1 '"
such settlement.ln regard to the 'encrbachiliettta' whiclir
had beentaadelfrerir the interidr by the North-WeitCotr.o"
patty, neithee Slade nor the'rest6f the World hadany sea ' . • " '
cific knowleditebf their existebeF? Btit eeen Witte Whiff-, - '
Plenipotentuifylaid biOnght sikh itrioteietige lioniettiher;
which he has tiotatteino ted;she hid been eitittnited
long and bloddy theefiJengdged'id drintirer" '•
with her colonies ; and was, besidei: negotiating-fora'
transfer of all 'lief • tights tile= north-iveiferii
America to ifirUnlted "Stalis.'"'SrifelY.tlieise 'Odd Stift
cient reasonerirber without .'iiilferfittk.
acquiesced in tSh ctsniiiiued existence of the Nobtkci'ioni- - "
vtntion. ' If Spain had entertained the least idea that, -
the Nootka 6`tiVentionteitil 'stilt force, hertfyod faith l-
and hernatiortallionotir'wotild'lniv*Ctitisteiliete
municate this fact Stitterbefore
ceded this tefitory to them' for an ampre'conslderation.• " '
Not the least intimation of this kind was ever coinmarii-I''' 7.
Like Great Britain in 1818; Spain in 181 g Had no idea '""
that the'Noolltd SoUrid convention' viraa'iri`force. It haq
then passed as ay arid air forgotten; ' "'‘ '
The British Plenipotentiary alleges, that the rettibit"wri'm
why Great Britain did not assert the existence of tht P"."1
Nootka contention' during the negotiatiobs ..betWeen 1"
the bad
o' Giiiernnipytil ;n oil e,
mon arisen for its interposition, the American
Government "lint" having then acquired the title "o '
Spain. It 'very trite that tliW United States` hitii"
not then acquired thh'SpaniSh' title ;'-but 'poi%
sible to imagine that throughout the whole negOtiatkn-
the British Commissioners, had they supposed this etni
yention to haie beenin existence, would have-red:tithed _
entirely silent' in regard' itti a treaty'which, ii-Grert
Britain nevi 'alleges, gave her' equal and ce ordinate '
rights 'with - Spain 'to the. 'whole- north-west 'Coast ok.. '•
America ? At that period Great Britain Confined her
claims to these arising"fiom discovery arid' purchase '
from the Indiins. How vastly she-could hitie strength's.
ened these ciiima; had 'She' then supposed the Nootka •
convention to be in force, with her present constructic c •
of its provisions": ' Even in it was'first
into the negOtiatinn,.na her'Conintissienertfibitr''' ••
Mr. Rash tWAmeriniiii PleniOntentiery, ''"(sir '
But 'the British. Pletiipotefitiary ' argu'es that "Oil • '-'
United S tat& cah ibunit he'Eaitri on 'discovery,'
tion, and settlement effected preiindslY'to the Vioti7iit *.
treaty, Withdfit'admittit the principles 'of the NOOtlt'a. •
convention ;" 6 nor can' they appeal tb any' ofchigfee
right as'lleguira by tife Florida treaty, vvitheit' ti et,.
Ling all claims adduced. in their own
,proper "'.
reason cif di3FO'verY"; UPloration, and settlement eidetic.:
dent' tcf that litiarigernent." I)."''''" •
Thia is a 'ictibit 'ffigleiiiousineflidd of 'making 'two dit•;"
tinct and independent titiei held by the same
worse they/ one—of arriving "them ''againgt • Watch
other, and thiis destraying:the validity Of_ both. Doc
he forget till filieTtfiiiteirStates- own both these titles. -
and cab '`them either separately beennjOinity
against the Oahe 1/41-: 'Great' Brifiun at theitilleasure
From the coarse of his remarks; it might be supposed
that Great Britain; 'and nbt the United Stlitea, bad at -
quire& The 'SpiniSli 'title-Under the- Florida- treaty:
But 'Great Britain is a'-third piety=-an entire stringer
to both these titles, and has no right whateyer to niarstal
the onettgaititt the 6661 • • ' '

f"P I

By What'aitthority can-Great Britain 'idlerpkie thli
manner ?-IVas it ever irnagined in arifCrinit of justice
that the' si'cqiiisition of -tt 'new ' title destroyed
old one-; Mind vice that 'the purchase or the
old `title dairoyed' the Yneve-'one ? In if:question of
mere yriviite right; it 'would he ciinsidered absurd
it a stranger to both titles should 414 .to the party
Who had made a self lcient, you shall not avallyourself,
of your pos'sesiion, because this was taken in viOlatinn
of another'OutStanding and although I must ad-
mit that yoAhave also acquired' this Outstanding title, yet ,
-den this Wall dVail you nothing, becaUse;having taken
poisealtit previously to
„your purchase, 'you thereliy.
evincelihtit'you did not regkrd such title as valid. And
vet such is the Mode by which the BritishrleniPdten--
tiary 110 attempted to destroy both the 4inerican and
Spanish' titles. On. the contrary, in the case mentioned,
the possession andkliedutatanding title being united in
the sarti conjoined would be as perfect
as if both, hid been vestedin him from the beginning.
Theiitidersigned; whilitiifronglY asserting both thein
titles, AAA believing es.6-1C tpiem separately to be
.gOeti
els agaitist Great Britain, Ants
.studiously avoided mid-
luting illy comparison'Etetween But
for the sake of the ariuthentigterely,Ant tte , diScOiery
by Captain Gray of `of the Columbia,' ifs ex- _
ploration 'by'Lewia and glirkg,' and the settlement upgn
its batiks at.Astorik; were eTieigaChments on Spain,
.S 'he,
and se'lll64e had ti right to coin_ plain. , Great Britain
was third party ; and;" as such, -had no right to 'inter-
fere in'tyie question between SPaidatidthe United States.
But Sinir., instess. :of anplaining of these acts AB
encroaehmei.ts, on the 22d 'February', by
the Merida treaty, transferred the
_Whole `title
to the 11,Tnited ' States, From 'that moment,
su
possiblif &inflict hetweTi the two, ' titles was endeli; Stith
being united in the o.me party... Tviotitlei which might
have conflicted, therefere; were 'ihtis blended tOfether.
The title now vested in the'United States it jiist as Strong
as thotigl7i every act of discovery, exploration, and 'settle-
ment:on the part of both poWers ad been performed by
Spain alone, before she had transferred allherriAti to the
United States. The two Powers are one ib Uri; feipect ;
the two titles are One ;,'and, as' the undeiiignecl will
show. hereafter, they serve to confirm and strengthen each
ther. It Great Britain, instead of 'the- united States,
had acquired the title of Spain, she might have contended
that those acts of the United States , were encroachments,
but, standing in the attitude of a stranger to both titles,
she has no right to interfereln the matter. . ,
=Tll6'undersigneddeems it unnecessary to pursue tnis
branch of the subject further than to state that the United
States, before they had acquired the title ofSpain, alWay
treatedthat title with respyct. In the negotiation of 1818,
the Atherican Plenipotentiaries " did not assert that the
United States had a perfect right to that' conntri ;' but
insisted that their claim was at least 'goodagainst Great
Britain," and the convention of October 20, 1818, unlike
that disTootka Sound, reserved the claims of any other ,
power or state to any part of the said country.. This re-
servation could have been intended for Spain alone. But,
ever singe the United States acquired the Spanish title.
they have_always assertedand maintained their right
Russian in
the strongest terms up-to the line,. even whilst,
offering, for the ,sake of harmony and peace, to diside
the territory iii dispute gy the. 49th paralleil of latitude.
-The British Plenipotentiary, then, has eutirelY,
to sustain his position, that the tnited,States cars found
no claiM on discovery, exploration, and-iettlement, with-
out admitting the -principles of the Nootka convention.
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