Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-06-26


FISHERY, in the said seas, within the space of ten sea
leagues from any part of the coasts already occupied
10y SPAIN
s Art. 5. As well in the places which are to be re-
stored to the British subjects by virtue Of the first ar
ticle, as in all other parts of the northwestern coast
: If North America, or of the islands adjacent situate
TO the north of the parts of the said coast already oc-
zcupied by Spain, wherever the subjects of either of
the two powers shall have made settlement since the
{month of April, 1889, or shall hereafter make any,
1.-The subjects of the other shall have free access, and
{shall carry on their trade without any disturbance or
@molestation.
Z ART. 6. With respect to the eastern and western
ecoasts of South America, and the islands adjacent, no
settlement shall be formed hereafter by the respective
Subjects in such parts of those coasts as are situated
to the south of those parts of the same coasts and of
the islands adjacent, which are already occupied by
Spain provided that the said respective subjects shall
retain the liberty of landing on the coasts and islands
so situated for the purpose of their fishery, and of
directing thereon huts and other temporary buildings,
Serving only for those purposes.
/ ART. Z. In all cases Of complaint or infraction of
the articles of the present convention, the officers of
either party, without permitting themselves previous
ly to commit any violence or acts of force, shall be
bound to make an exact report of the affair and of its
circumstances 10 their respective courts, which will
terminate such difficulties in an amicable manner.
! With respect to this convention, it is to be observ-
q l. 4nut IL 10 III 1ut CCDIC JIG u u lDdA
sclass which is annulled by war and which lasted
therefore only so long as peace was preserved between
England and Spain, which was six years.
I 1t is not an acknowledgment of an existing right :;
but an engagement between the parties, that stheirl
subjects should not be molestcd, in landing on the
coasts, not already occupied for the purpose of carry
ing on commerce or making settlements - an engage
ment of the same class with treaties for the regula-,
stion of navigation, tariffs, or fisheries.
] In the analogous case Of the Newfoundland fshe-l
.ries, Great Britain herself insisted that the liberty
tgiven us to fish and land on the coasts of Newfound-
land was annulled by the war of 1872, taking occa-i
fsion at the same time to declare that she "knows Of
no exception t. the rule, that all treaties are put an
lend to by a subsequent war between the same par
!
1t has been said, indeed, on the part Of the British
government, that the engagements of this treaty,
even II revoked by the war, were renewed by the fol-
flowing stipulation between Spain and England in.
.ISI4, viz:
"It is agreed that, pending the negotiation of a new treaty
Fof cammeIce, Great Britain shall be admitted to tfade with
viously to 1896, all the treaties of commerce which at that
subslsted between the two nations being hereby rati-
fed and confirmed" (
To this position there are two answers; first, that
liberty to settle on the northwest coasts was not
part of a treaty of ommerc and second, thst the
obviously related only to the European do
'minions of Spain. {
2. If no war between Spain and Great Britain had
'intervened, still the engagements of the No0tka trea-.
.ty were IN their nature temporary intended to pros
for a state of things where there were 10 perma-
Inent settlements, and quite unsuited to, indeed incom-s
|patlble with, a real occupation of tie country by per-
'manent civilized communities with an established;
and a system of laws TO be administer
ed. The things contemplated by the convention were
rather trading posts and a commerce in furs, than
such permanent occupancy as we have been mem
|tioning. I
To carry out and perpctuate the treaty, accordingly
to the British interpretation, would be to condemn the
whole country to eternal waste except foE the ~purposeS
hunting and trading with the natives, or to place
there, side by side, American citizens and British sub
jects, to cultivate the earth, build towns and carry ons
a traffic through the Pacific, each class governed by az
different system of laws, different sets of magistrates, 4
and owing allegiance to different governments. That
surely is a state of things which we should be slow
to admit was agreed upon, and slow to submit to. Z
|. There are some minor arguments brought forward !.
by each party which we do not think it necessary !
here to mention. They do not change the aspect of
case as we have presented it. III the main argu-t
'ments which we have examined do not decide it, thet
smaller ones will not. !
The last propositions between tie two parties forS
THE settlement of the controversy were, on the Amer-E
'ican side, that the line of tire 10th parallel, the boun-f
diary on this side of the mountains, should be c%ontin-E
'ued to the Pacific; and on the British side, that the
lime should be continued only to the head waters of
river Oregon, and then down that river to the sea,
THE stream being the boundary, and to continue for
common to- the two nations. Whether, in the
late negotiations, different terms have been proposed
either side, we are not informed. {
Upon the whole matter, we have formed an opinion
most decided that the American claim is founded
in law and justice; and we think we do but declared
decision of the American people when we says
that the 49th parallel is a reasonable and proper conf
promise, aud the southernmost limit which American
ought to conce6e. +
With respect to the mode of dealing with the British
Government, hereafter, we must say in the first place. &
that we should be slow to submit to the arbitraments
of a European sovereign. There are many reaSomsS
a political nature why a claim of this country too
territory should not be decided by any potentate. OurS
rights are now In our own keeping, and we preferk
that they should remain so but, at the same time, Z
Notwithstanding this Discrimination to the arbitramentr
of a foreign prince we would take that much sooner thans
Incur the chances and calamities of war. We would, {
on no compromise, recede from the 10TH
That divides the territory into two nearlyH
equal parts it carries our northern boundary In a B
line from the Lake of the Woods to the?
South sea, and it secures to as what we most want-s
noble harbors about the strait of Fuca, and the
control of the river Oregon, in its wholef
course. But we would not close the door upon nego-s
,tiation. We would endeavor to persuade Greats
britain that our rights were perfect, and that we wereS
Unanimous in maintaining them. We would not be
i'm haste to close the negotiation, satisfied that every
adds strength to our possession. We woulda
afford protection to our countrymen who may go2
there to settle or to trade and for that purpose a lawE
Immediately to be passed, extending the juris-
diction of our Courts over American citizensj
THAT our reader, may be better able 10 compaie he two
conventions, we subjoin the third article Of the definite irea-5
.y of peace of 1883 4
sit is agreed that the people of the United States shall
continue to enjoy unmoleslcd he right TO take fish of any
kind on the Grand Bank, and on all the other banks Of New
foundiaDd; also in the Gulf Of st. Lawrence, and at all
'places in the sea wbeEe the inhabitants of both countries