The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-15

four months previous to the date of the Florida
treaty and the Publications were not exchanged
and the convention published until the Both OF Janu-
ary, 1919.
Besides the negotiations which terminated in the
Florida treaty had been commenced as early as
December, 1915, and were IN full progress on the
10th October, 1918, when the convention was signed
between Great Britain and the United States
1t does not appear, therefore, that Spain had any
knowledge of the existence OF these negotiations
and even If this otherwise, she would have
had no motive to complain, she in the
very act OF transferring all her rights to the United
States.
But says the British Plenpotentiary, Spain look
ed in silence on the continued occupation by the
British of the settlements in the Columbia territory
subsequently, TO the convention of 1914 and there
fore she considered the Nootka Sound convention
TO be still in force. The period OF this silence. so
far as it could affect Spain, commenced on the 18th
day of August, 1914. the date OF the additional ar
ticles to the treaty of Madrid and terminated the
22d February, 1919, the date OF the Florida treaty
Is there the least reason from this silence TO INFER
an admission by Spain Of the continued existence OF
the Nootka Sound convention In the first place,
this convention entirely confined to landing on
the coasts Of those seas IN places not already occu-
Pied Tor the purpose OF carrying on their commerce
with the natives OF the country, or OF making set
Elements there 1t did not extend to the interior
AT the date of 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 that quarter. Great Britain
had never made any settlement on the northwestern
coast of America, from the date of the Nootka
Sound Convention until the I'D February, 1919; nor
so far the undersigned IS Informed, has she done
so down to the present moment. Spain could not,
therefore, have complained Of any such settlement
In regard to the encroachments which had been
made from the interior by the Northwest company,
neither Spain the rest OF the world had any spe-
cifc knowledge of their existence But, even II the
British penipotenuary had brought such knowledge
home to her-which he has not attempted-she had
been exhausted by one long and bloody war, and
han ann red in thpr WI
was, besides, negotiating for transfer OF all her
rights the northwestern coast OF America to the
United States. Surely these were sufficient reasons
for her silence, without nterrlng from that she ac-
quesced in the continued existence of the Nootka
convention If Spain had entertained the least idea
that the Nootka convention was still IN force, ner
good faith and her national honor would have caused
her to communicate this fact 10 the United States
before she had ceded this territory to them for an
ample consideration Not the least intimation OF
this kind was ever communicated.
Like Great Britain in 1918, Spain IN 1919 had no
idea that the Nootka Sound convention was IN force.
Ii had then passed away, and was forgotten
The British plenipotentiary alleges, that the rea-
why Great Britain did not assert the existence
Of the Nootka convention during the negotlati ons
between the two governments in 1918, was, that no
occasion had arisen for its lnterpOslon, the Amer-
can government not having then acquired the tItle
OF Spain 1t is very true that the United States had
not then acquired the Spanish title; but Is il possible
to imagine, that throughout the whole negotiation,
the British commissioners, had they supposed this
convention to have been In existence, would have
renamed entirely silent in regard to treaty which,
as Great Britain now alleges, gave her equal and CO.
ordinate rights with Spain to the whole northwest
coast of America! At thatSperlod, Great Britain
confined her claims to those arising from discovery
and purchase from the Indians. How vastly she
could have strengthened these claims, had she then
supposed the Nooka convention to be IN force, with
her present construction OF Its provisions! Even In
1924 it first introduced into the negotiation, not
by her commissioners, but by Mr.. Rush, the Ameri-
can penipotenuary.
But the British plenipotentary argues, that " the
United States can found no claim on discovery, ex-
poraon, and settlement effected previously to the
Florida treaty, without admitting the principles OF
the Nootka convention y "nor can they appeal to
any exclusive right acquired by the Florida trea
ty, without upsetting all claims adduced in their
own proper right by reason OF discovery, explora-
ton, and settlement antecedent that arrange
ment."
This is most ingenious method of making two
distinct and independent titles held by the same ma
ton worse than one-of arraying them against each
other, and thus destroying the validity OF BOTH
Does he forget that the United States own both
these titles, and can WELD them either separately or
conformity against the claim OF Great Britain at their
pleasure! From the course OF his remarks, It might
be supposed that Great Britain, and not the United
States, had acquired the Spanish title under the
Florida treaty. But Great Britain is third party
an entire stranger to both these tifles-and has no
right whatever to marshal the one against the other.
BY what authority can Great Britain interpose in
this manner! Was 1t ever imagined in any court OF
q
the old one and pce versa, that the purchase OF the
old title destroyed the new one In question OF
mere private right, 1t would be considered absurd, IT
stranger to both titles should say to the party who
had made settlement, you shall not avail yourself
Of your possession, because this taken in viola
ton OF another outstanding title, and although l
must admit that you have also acquired this outstand-
ing title, yet this shall avail you nothing be-
cause, having taken possession previously to your
purchas,, you thereby evinced that you did not re-
gard such title as valid. And yet such is the mode
by which the British penlpotentlary has attempted
TO destroy both the American and Spanish titles.
On the contrary, the case mentioned, the posses
sion and the outstanding title being united IN the
same individual, these conjolned would be as per-
feet as if both had been vested in him from the be-
ginning.
The undersigned, whilst strongly asserting both
these titles, and believing each Of them separately
TO be good as against Great Britain, has studl-
ousy avoided institutlng any comparison between
them: But admitting, for the sake OF the argument
merely, that the discovery by Captain Gray OF the
mouth OF the Columbia, Its exploration by Lewis
and Clarke, and fhe settlement upon its banks, al
Astoria, were encroachments on Spain, she, and
she alone, had right to complain. Great Britain
was third party and, as such, had no right to IN
terfere in the question between. Spain and the
United States. But Spain, instead OF complaining
OF these acts encroachmens, on the I'D February,
1919, by the Florida treaty, transferred the whole
title to the United States. From that moment all
possible conflict between the two titles was ended,
both being united In the same party. Two titles
WHICH uiient nave c0nhcteu, uheieioic, wcic uiu'
blended together. The title now vested in the
United States is just as strong as though every OF
discovery, exploration, and settlement on the part
Of both powers, had been performed by Spain alone,
before she had transferred all her rights to the Uni
ted States. The two powers are one In this respect;
the two titles are one and as the undersigned will
show hereafter, they TO confirm and strengthen
each other. If Great Britain, instead OF the United
States, had acquired the title of Spain, she might
have commended that those acts OF the United States
were entertainments but, standing in the attitude
OF stranger to both titles she has right TO inter
tere in the matter.
The undersigned deems it unnecessary to pursue
this branch of the subject further than to state, that
the United States before they had acquired the title
OF Span always treated that title with respect. In
the negotiation Of 1918, the American penipoten-
tiaries did not assert that the United States had
perfect right that country but insisted that their
claim was at least good against Great Britain = and
The convention of October 10, lS1S unlike that Of
Nootka Sound, reserved the claims OF any other