Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-12-20

they be fair and legitimate, then il would avail Great B
tan should prove the Nooka convention 10 be still
in force. On the contrary this convention if the constitute
ton placed upon by the undersigned be correct contains
clear virtual admission the part of Great Britain that Spain
held the right of sovereignty the whole disputed
territory and consequently tina, belongs the United
States.
The value Of this admission, made in $780, is the same
whether the convention has continued TO exist until the
present day. But he is willing leave this point on the
unconoveed argument contained in his former
But is the Nootka Sound convention still in force The
British Plenpotenary does not contest the clear general prn
cpe Of public law that terminates all subsistng
between the begerent Powers" He contends however
the first place, that this convention partly commercial and
that far as parakes Of this character it revived by
the treaty concluded at Madrid the 2sth August 1874
which declares that all the treaties of commerce which sub
sisted between the parties Great Britain and Spain) in
1895, thereby ratified and confirmed y and I'd, that
in other respects be considered acknowledgment
Of subssng nghtsan admission Of certain principles Of in
ternationa law" not TO be revoked by war.
In regard the first proposition, the undersigned is satisfied
70 leave the question to rest upon his former argument the
British Plenpoenary has contented himself with merely
sorting the fact that the commercial portion of the Nootka
Sound revived by the treaty of 1914, without
specifying what he considers be that portion of that
convention. II the undersigned had desired strengthen
his former position he might have repeated with great effect
the argument contained in the note Of Lord Aberdeen to the
Duke of sotomayo dated 30th june ls45, in which his
odshp clearly established that all the treaties of
subssng between Great Britain and Spain previous 1876
confined TO the trade with Spain alone, and did not
brace her colonies and remote possessions
The second proposition of the British Plenpoenary de-
greater attention Does the Nootka Sound
ton belong that class of treaties containing "an acknow
edgment of subssng ghan admission of certain princi
Piles of international law not TO be abrogated by Had
Spain by this convention acknowledged the right of all nations
make discoveries plant settlements and establish colonies
the Northwest Coast OF America bringing with them their
sovereign jurisdiction there would have been much force in
the argument But such admission made and
intended TO be made, by Spain. The Nootka
Convention arbitrary and artificial in the highest degree
and any thing rather than the acknowledgment
simple and elementary principles consecrated by the law Of
nations In all its provisions expressly confined Great
Britain and Spain, and acknowledges right whatever in
any third Power interfere with the Northwest Coast Of
America. Neither in its terms, in its essence, does il
contain any acknowledgment of previously subsng territorial
rights Great Britain any other nation tits strictly
fined to future engagements and these Of most peculiar
character Even under the construction of its provisions
maintained by Great Britain her claim does not extend
plant colonies which she would have had right do under
the law of nations had the country been Incorporated but
is limited to right of joint occupancy, not in respect
any part but the WHOLE the sovereignty remaining in
allegiance. And to what kind of occupancy Not separate
and distinct colonies but scattered settlements intermnged
with each other the whole surface of the territory for
the single purpose Of trading with the Indians to all of which
the subjects of each Power should have free the right
Of exclusive dominion remaining suspended Surely it
be successfully conended that such treaty is adms
sion of certain principles of international law, sacred and
perpetual in their nature not to be annued by On
the contrary from the character of its provisions be
supposed for single that intended for any
purpose but that Of temporary arrangement between
Great Britain and SPAIN The law of nations recognises
such principles in regard to unappropaed territory those
embraced in this treaty and the British Penpotenay must
fail in the attempt to prove that contains admission of
principles Of international law which will survive the
shock of war
But the British Plenipoenary contends that from the
silence of Spain during the negotiations of 1918 between
Great Britain and the United States respecting the Oregon
territory, well from her silence with respect the
dnued occupation by the British Of their settlements the
Columbia territory subsequently, to the convention of 1914
may fairly be inferred that Spain considered the stpula
tons Of the Nooka convention, and the principles therein
laid down, to be still in force
The undersigned cannot imagine where the obiga-
tons Of treaty, exinguished by be revived
without positive agreement to this effect between the par
ties Even if both parties, after the conclusion of peace,
should perform positive and unequivoca in accordance
with its provisions these must be construed merely voun
not pretended that Spain performed any
act in accordance with the convention Of Noota Sound after
her treaty with Great Britain Of 1914 Her silence
relied upon TO revive that convention.
The undersigned confidently that neither by public
private law will the silence Of party whilst ano
ther is encroachng upon his rights if he had knowledge
OF this encroachment deprive him Of these rights If this
principle be applied TO individuals il holds with
much greater force in regard nations The feeble may
be in condition to complain against the powerful and thus
the encroachmen Of the strong would itself into
perfect title against the weak.
IL
have learned the tendency Of negotiations the
United States and Great Britain, relation the Northwest
Coast of America before she had coded all her rights that
the former by the Florida treaty of 22d February
1919. The convention Of ont occupation between the Uni
ted States and Great Britain signed London until
the 10Th October lssbu four months previous the date
of the Florida treaty and the Publications exchanged
and the convention published until the 0th of January, 1919
Besides the negotiations which terminated in the Florida
treaty had been commenced early December 1885, and
in full progress the goth October, 1918, when the
signed between Great Britain and the United
States II does appear therefore, that Spain had any
knowledge Of the existence of these negotiations and
f this otherwise she would have had motive
plain, she in the very Of transferring all her rights
to the United States
But, says the British Plenpoenary, Spain looked in ST.
ence the continued occupation by the British Of the settle
ents in the Columbia Territory subsequently the
Sound convention be still in force The period Of this ST.
lence far could affect Spain. commenced the 2sh
day OF August 1874 the date OF the additional articles
the treaty Of Madrid and terminated the 22d February,
lsl9 the date Of the Florida treaty Il there the
from this silence infer admission by Spain of the
continued existence Of the Nooka Sound convention In
the first place, this Convention entirely confined to-
cuped for the purpose Of carrying their with
the natives Of the country, Of making settlements there
did not extend TO the interior At the date Of this
venion person dreamed that British traders from Canada
Hudsons Bay, would the Rocky Mountains, and
croach the rights Of Spain from that quarter Great BIZ
tain had made any settlement the northwestern
America, from the date Of the Nooka Sound convention
until the 22d February 1872 nor far the undersign-
ed is informed has she done down the present
Spain could not therefore, have complained Of any such
Element In regard the encroachments which had been
made from the interior by the Northwest copapy neither