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

that she had acquired right under trade with the colo
MES or REMOTE territories of Spain when she obtained stpu
aton in the same treaty that in the event Of the commerc
OF the Spanish American possessions being opened to foreign
nations, his Catholic Majesty promises that Great Britain shall
be admitted to trade with those possessions the most favor
ed nation.p
But, evsn the first additional article Of the treaty Of 1914
were not thus expressly limited the revival Of the trade Of
Great Brtn with the kingdom Of Spain Europe without
reference any other portion Of her domnons the Nooa
Sound conenon can never be embraced under the denom
nation OF treaty OF commerce between the Powers.
contains ne provision whatever to grant regulate trade
between British and Spanish subjects It's essential part
far as concerns the present question: relates any trade
commerce between the subjects Of the respective Powers
merely prohibits the subjects Of either from disturbing
moestinghose Of the other in trading with third
natives ofhe country The "gant of making settlements
whether understood its broadcast restricted sense
relates TO etoral acquisition, and trade
in any Imaginable form The Nootka Sound convention
then, cannot in any sense, be considered treaty Of com
and not therefore revived by the treaty of Madrid
OF 1914 When the commenced between Great Britain
and SpaiR 1896, several treaties subssed between Them
which vfaf hotn title and in substance, treaties Of
msrce tssa and these alone, revived by the treaty
Of 1914
That the British Government itself had no idea in 1918
that the Nooka Sound convention was then in force NAV be
fairly inferred from their silence upon the subject during the
whole negotiation of that year the Oregon question This
convention not referred by the British Penpoten.
tares They then rested their claims upon other founda
tons Surely that which their main reliance would not
have escaped the such statesmen had they then
supposed il in existence.
In view Of all these considerations the undersigned respect
fully submits that Great Britain has valid claims any por
ton of the Oregon territory they upon better oun
dation than that Of the Noolka Sound convention.
It is far from the intention of the undersigned repeat the
argument by which his predecessor Mr Cahoun has de-
monstrated the American title "to the entire region drained
by the Columbia and its branches He has shown that
to the United States belongs the discovery of the Columbia
river, and that Captain Gray the first civilized man who
ever entered its mouth and sailed up its channel, bapsng
the river itself with the Of his vessel that Messrs
Lewis and Clarke, under commission from their Govern
ment first explored the waters of this almost from
head springs to the Pacific passing the winter of 1905 and
1906 its northern shore, the that the first
Element upon this river made by citizen Of the United
States Astoria and that the British Government solemny
recognised right to the possession of this settlement
which had been captured during the war; by surendeng it
to the United States the 9th day Of October 1885,
obedience to the treaty of Client If the discovery of the
mouth OF river followed up within reasonable time by the
first exploration, both Of its main channel and its branches
and appropriated by the first settlements its banks do
constitute title to the territory drained by its the
nation performing these acts then the principles consecrated
by the practice OF civilized nations the discovery
the New World must have lost their force These principles
necessary to the peace Of the world Had they
not been enforced in practice, casng claims newly
cred territory and perpetual strife among the nations would
have been the inevitable result
The title of the United States to the entire region drained
by the Columbia river and lis branches perfect and
plete before the date Of the treaties of occupation of DC
ober lsl6 and August and under the express pro-
visions of these treaties this title whilst they endure
be impaired by any of the British Government In
the strong language of the treaty Of 1897 nothing contain
ed in this convention, the third article of the convention
of hereby continued in force shall be construed inn
pair any affect, the claims which either of the
ward OF e Stony Rocky Mountains. Had the
venton contained this plain provision which has prevented
the respective parties from looking with jealousy the
patton Of portions OF the territory by the citizens and subjects
Of each other its chief ojecwhich preserve peace
md ureye
been entirely defeated IL then manifest that neither the
grant of this territory for term of years. made by Great B
tain to the Hudson Bay Company in December 1921,
the extension Of this grant 1885, the settlements trad
and forts which have been established by that
pany under it. can, in the slightest degree strengthen the
British impair the American title any portion of the
Oregon territory The British claim is neither better nor
than the 29h October 1885, the date of the
first convention.
The title Of the United States to the valley Of the Columbia
is older than the Florida treaty of February, 1919, under
which the United States acquired all the rights of Spain the
Northwest of America, and exists independently of its
provisions Even supposng them that the British construc
ton Of the Nootka Sound convention correct could
not apply to this portion of the territory in dispute.
venon between Great Britain and Spain, originating from
dispute concerning petty trading establishment at Nooka
Sound, could not abndge the rights of other nations Both
in public and private law agreement between two parties
bind third, without his consent express implied
The extraordinary proposition viii scarcely be again urged
that acquisition Of the rights Of Spain under the Florida
treaty in any weaken impair preexistine
title. may often become expedent for nations il is for
individuals purchase outstanding title merely for the
sake peace and has heretofore been imagined that
the acquisition of such title rendered the old less
valid. Under this principle, party having two titles would
be confined to his worst and would forfeit his best Our
QUESTION Of the rights Of Span then, under the Florida trea
ty whilst affect the prior title OF the United States
to the valley Of the Columbia has rendered il clear and
unquestonabe before the world We have perfect right to
claim under both these titles and the Spanish tide alone even
il necessary confne ourselves to it. would, the
opinion Of the President be good against Great Britain
merely the valley Of the Columbia but the whole terri
tory of Oregon.
Our American title, the extent of the valley Of the
Columbia resting does discovery, exploration and
possession possession acknowledged by solemn act
of the British Government iselfs sufficient assurance
against all mankind whilst superadded title derived from
Spain extends exclusive rights the whole territory in
dispute against Great Britain.
Sch Wing the opinion of the President in regard the
title of the United States he would have consented yield
any portion of the Oregon Territory had he found himself
embarrassed If not committed by the of his predecessors
They had uniformly proceeded upon the principle Of compo
scented him. after entering upon the duties Of his Office was
whether he should abruptly terminate the negotiation which
had been commenced and conducted between Mr. Calhoun
and Mr. Pakenham the principle avowed in the first pro-
oco Of contenng for the whole territory dispute, but
establish permanent boundary between the countries
OF treating othe respective claims Of the parties with view
westward Of the Rocky Mountains"
In view Of these facts the President has determined to pur
the present negotiation to its conclusion upon the pnc
pie of compromise in which commenced, and make
effort 10 adjust this longpcndng controversy In this
determination he that the British Government will
cognsc his sincere and anxious desire TO cultivate the