The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-06-09


coasts of South America, and the islands adjacent,
no settlement shall be formed hereafter by the re-
spectve 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 al
ready occupind by Spain: provided that the said
respective subjects shall retain the liberty OF land
ing on the coasts and islands so situated for the
purpose Of their fishery, and of erecting thereon
huts and other temporary buildings, serving only
Arr T. In all cases of complaint or infraction of
the articles of the present convention, the officers of
either party, without permitting themselves pre-
viously TO commit any violence or acts of force,
and of its circumstances to their respective courts,
which will terminate such differences in an amicable
manner.
With respect to this convention, it is to be OBJ
served,
i. That 1t is an executory agreement, one of that
class which ls annuled by war; and which lasted
therefore only so long as peace was preserved be-
tween England and Spain, which was six years. "A
II is not an acknowledgment of an existing right;
but engagement between the parties, that "their
subjects should not be moesed, in landing on the
coasts not already occupied for the purpose of car
rying on commerce or making settlements" an en-
gagement of the same class with treaties for the reg
uation of navigation, tariffs, or fisheries.
In the analogous case of the Newfoundland fish
cries Great Britain herself insisted that the liberty
given us to fish and land the coasts of Newfound-
land was annulled by the of 1872, taking occa-
sion at the time to declare that she knows OF
no exception to the rule that all treaties put an
end to by a subsequent war between the same
parties"
1t has been said, indeed, the part of the British
government that that the engagements of this treaty
even il revoked by the war, were renewed by the
following stipulation between Spain and England
in 1874 viz:
IN off
Great Britain shall be admitted to trade with
Spain upon the conditions those which existed pre-
vousy to 1896 all the treaties Of which at that
period subssed between the two nations being hereby rat
fled and confirmed"
To this position there are two answers; first, that
the liberty TO settle the northwest coasts was not
part of treaty of commerce; and second, that the
stipulation obviously related only to the European
dominions of Spain.
2. If no war between Spain and Great Britain
had INTERVIEWED still the engagements of the Nootka
treaty were in their nature temporary; intended TO
provide for state of things where there were no
permanent settlements, and quite unsuited to- indeed
Incompatible with real occupation of the country
by permanent civilized communities with an estab-
shed government, and system of laws to be ad-
ministered. The things contemplated by the con.
vention were rather trading posts and a commerce
in furs, than any such permanent occupancy as we
have been mentioning.
To carry out and perpetuate the treaty, accord
ing to the British Interpretation, would be to
denim the whole country to eternal waste except for
the purpose of hunting and trading with the ma
tiyes, or to place there, side by side, American
citizens and British SUBJECTS to cultivate the earth
build towns and carry on a traffic through the
Pacific, each class governed by different sys.
tenn of laws, different sets of magistrates, 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.
There are some minor arguments brought forward
IL Il &.
here to mention They do not change the aspect OF
the case as we have presented it. If the main argu-
ments which we have examined do not decide it, the
smaller ones will not.
The last propositions between the two parties for
the settlement Of the controversy were, on the Amer
lean side, that the line of the 49th parallel, the
boundary on this side of the mountains, should be
continued to the Pacific; and on the British side,
that the line should be continued only to the head
waters of the river Oregon and then down that river
to the sea, the stream being the boundary, and TO
continue for ever common to the two nations.
Whether, in the late negotiations different terms
have been proposed Oh either side, we are not In
formed
| Upon the whole matter we have formed an opin-
ion the most decided that the American claim is
founded in law and justce and we think we do but
declare the decision of the American people when
we say that the 49th parallel is a reasonable and
proper compromise, and the southernmost limit
which America ought to concede.
With respect to the mode of dealing with the
British government, hereafter, we must say, in
the first phase, that we should be slow to sub
nit TO the arbitrament of European SOW
ereign. There are many reasons of politi-
cal nature why claim of this country to ter
ritory should not be decided by any potentate. Our
rights are now in our own keeping, and we prefer
that they should remain so; but, at the same time,
notwithstanding this Discrimination to the arbitra-
ment of foreign prince, we would take that much
81 tLo oha,, 49,
We would, moreover, on no compromise, recede
from the line of the 49th parallel That divides the
territory into two nearly equal parts: it carries our
northern boundary in straight line from the Lake
of the Woods to the South sea, and 1t secures to
what we most want--the noble harbors about the
strait of Fuca, and the exclusive control Of the rv
or Oregon, in its whole course. But we would not
close the door upon negotiation. We would en-
deayor to persuade Great Britain that our rights
were perfect, and that we were unanimous in main
| tanning them. We would not be in haste to close
the negotiation, satisfied that every day adds
strength to our possession. We would afford pro-
lection to countrymen who may 60 there to set
tie or to trade; and for that purpose law ought
Immediately to be passed, extending the jurisdiction
of our courts American citizens in that coun-
try So long as there was any hope of an amicable
arrangement we would not terminate the Joint oc-
cupancy provided by the conventions Of 1918 and
1927, believing that TO do so would but irrate, and
might break off negotiation. But if negotiation
does not promise favorable results, and soon
reasonable prospect of adjustment by that means
we're past, we would terminate the joint occupancy
in the mode provided by the conventions and estab
ish territorial government. If, then, Great Brit
tain chose to resist, would meet force by force.
If that day should ever come, (Which may God
avert the consequences of the struggle are beyond
the reach Of human eyes. Some of them, however,
we may reasonably anticipate: and, in regard to all
our countrymen have no just cause of apprehen-
sion.
The hnal result of the warlike operations would
probably be the extinction of British power on this
continent. At first, no doubt we should suffer i'm
mensely from want of adequate preparation to meet
the vast dlsposabe force under the control Of Grea,
Britain II seems weakness of republican govern.
ment not to, prepare itself for such emergencies
jealousy Of great establishments, especially those
which are supported by the State seems inseparable
from popular institutions. Such, at least has beer
our experience. Great Britain on the other hand
i is thoroughly prepared: with well disciplined and
| numerous armies, with ships of war hoyer,no or