New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-06-12
<ootka and Client.


Nootka and Client.
p~;,~ % ,h. wear 1890 Great Britain and Spain
had respectively asserted territorial rights over the
Moth. Yves, Coast Of America, founded on di-cov-
cries and explorations By subjects Of these nations
respectively. Spain in asserting her assumed rights
OF sovereignty over he country bordering on NOoka
Sound, had seized the property Of one Meares' 2
British subject Grea, Britain demanded rcpara
lion which Spain at first refused. and War appcarcd
inevitable. Bot this was avcrted by Convention
concluded at the palace Of the Escural in Spain Oct
2sh. 1870. which Convention after siiPulaiing Tor
"a Jus, PREPARATION" by spain for the alleged spoia
lion Of Meares the preceding year proceeds
~Ar. In order 10 strengthen the bond offrcnd'hP
and 10 preserve In future perfect harmony ana sDo'
understanding between the two contracting paiiles
Agreed Thai their respective subjects shall not be- d.
tlrbed or mOe,ed either In navigating or ofisn- VI
their fisheries the Pacific Ocean or IN inc south Hea
or In landing on the coasts Of those seas IN pisces no
already occupied for the purpose Of carrying on men
eouncrce with the natives Of the country, or Of MAXIM
settlements there. the whole SUBJECT neverthe'-- ~
The RESTRICTION, specified In the three following Articles
(which restrictions do no, affect the point IN dis
pu,e)
This is the essential part Of the 'Nootka treaty
20 far as il is now material all the rest temporal!
or incidental Ii is claimed by Great Britain maj
this Treaty-nerer hoging been rnof,pfd ny 1"5
saJ,.gneaf arrongomeat nor even b. an in'ima'ion
from either parry that it, termination was assumed
or desired-is obviously and in its nature an endur
ing, sobss,ing adjustment Of all preexis'ng tern
toral claims Of the two nations, far as they may
be affected by this Treaty. We believe this Is .
true and just claim, consistent with and sustained
by the admitted Laws Of Nations. In tins iai'h
Great Britain has since prosecuted discoveries ana
EXPLORATIONS. made settlements upon and - no" ID
possession Of good part Of the territory known a.
Oregon. all which the coast. al any rate comes a.
rectly within the purview OF the Treaty stpuia'''
above auoted-Span has never since madc Sei''''
pneut in the whole region, and we believe sne ma
mover since 1895 made explorations on ITS coast III
1915. she ceded all her rights IN that quarter HUN
Ia, 40 Norhward 10 the U. States ana 'hey are
now onr rights Such is the Oregon case IL mai
tara nothing how much Mcares lied under what iae
y. ,ven, IN Nootka nor how scandalously Spain was
.windled in the amount OF indemnity paid him.
The case in point regards only the substance and
force Of the Nootks Treaty. II will be seen that
,his Treaty says nothing of Pr'c'leges granted by
spain 10 Great Britain or her subjects. The first and
fourth articles of the Treaty premise that certain
buildings and tracts Of land situated on the North
West Coast of America are to be restored TO Britis
subjects. from whom lit was alleged and supposed
no matter for the present purpose, how truly SPAN
lad wres,ed them. Not a word is found in the
Treaty implying that this restitution or the night Of
making settlements were 10 be considered a. ten
norsrv arrangements South Of the Spanish settle.
ments in America the subjects of either power
tArt. g. shall retain the liberty OF landing on Inc
.coas,s and islands so situated for the purpose o.
their fishery and Of erecting thereon huts and o'hc
Temporary buildings SERVING only for those P"r
poses Mark the radical difference in the language
used in the two cases respectively
Now TO the case of the Newfoundland Fisheries;
Great Britain, by the Treaty Of Independence l7'2'
conceded to us certain privileges IN the Fisheries
not only upon the Banks of Newfoundland but also
Of driving and curing Fish the barren sands OF tho
shore. known of all men 10 be undsputed BRUSH
territory These privileges we enjoyed unques
toned Ill, interrupted by The War of lsl2 When
the Commissioners of the two nations met al Ghcn'
IN lsla 10 negotiate Treaty of Peace, the British
ambassadors at the rery first meeting gave our
formal notice tina, their Gorcrnmeaf woUld NOT re
ner the Fishing pr,riicges which we had enjoyed
under the Treaty of Paris. Our able Commissioners
In reply. maintained that any stipulation on n~
,ub,ec, ,cos unneccssarv;hai peace being restored
ON the basis of American Independence, all the pm
vileges secured to us by the Treaty OF lndepend'
euce revived of course The British reloined thai
they knew OF no Treaty siipulations which W ar did
NO, pu, an end to-and here the matter was dropped
sscb marty standing on its reserved rights, and mel
Their insisting on stipulation on the subject Such
10 substantially the Client case regard to the Fish
sres Three wears aiierward the difference was
adjustedby compromise.
Now. while we do most heartily believe
that our own Commissioners were right IN the
main. we cannot doubt that the Nootka Treaty
i, valid and subsistng according 10 the pm
cipies oontended for By EITHER party at Gheni-
That the American doctrine covers this position. W.
surelv need not argue Bu, that the British ais
does. is clear TO our mind, from the fact that The
Commissioners on that side felt impelled 20 give
early and formal notice that their government would
consider our rights in the Fisheries thencciorih a, an
end They certainly would not have given this n
ri,ating notice had they not deemed it clearly nccc
sary to do SO. in order 10 prevent the revival OF
course of our Fishing privileges under the Treaty Of
PaYis Their remark, therefore. that war puts
end to all Treaty stipulation is plainly defined and
modified by their own acts to mean only that war
se,s every thing afoat-renders every former stipu
la,ion, not necessarily invalid butlegi,imacly qucs
tionsble Thus il our Commissioners urged that
the doctrine of the other party justified the nonre-
cosni,on of our Independence itself the obvious
aver was Yes, sirs Great Britain has the clear
right il she chose, TO say now that she VIII no,
make Peace ON the basis of Your Independence.
and on your dissent, there will be no course cii
but TO figh, on till party or the other ia brought
10 terms But if nothing had been said about the
Fisheries Al Gheui who does not see that our priv
lcses would have been revived by Peace. according
10 the plain understanding of 10th parties Tho
Noo,ka case is just like this except wherein II Is
stronger.
cT- FREDERIC Dor6tAss. the Fugitive Slave
whose Life was noticed in our columns Yesterday Lee.