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

Bv the treaty of Utrecht CA. d.. 1713,l all the
Spanish titles to territory in the New World, as they
stood in the time of Charles III of Spain, who died In
l7CO, had been confirmed and guaranteed by Great
Britain. BY the treaty Of 1868 the treaty of Utrecht
was confirmed, and the river Mississippi was irrevo-
cably fixed as the boundary between the English and
French possessions. In terms II declares: sin order
to re-eStablish peace on solid and durable foundations,
and to remove forever all subjects of dispute with re-
gard to the limits of the British and French terrific
ries on the continent of America, that for the future,
the confines between the dominions of his Britannia
Majesty In that part of the world, shall be fixed ire
vocably by a line drawn along the middle of the river
Mississippi, from Its source to the river lbervllle, and
from thence by a line drawn along the middle OF this
river, and the Lakes Maurepas and Pontchartrain, to
the sea- Nothing Is said of the western limits OF
the French possessions, or Of any claims OF the Eng
lish in that quarter. Now, if England had then any
title to the northwest coast, another boundary should
have been settled between her and France on that side
The OMISSION to do so, implies that she had no title /;
or if shejhad, that she then renowned 1t forever, To-
all territory west of the Mississippi, and south Of its
source, or of the 49th parallel.
We have thus explained all the original titles to-
the country. 1t remains to trace them 20 the present
claimants, Great Britain and America. Great Brit
ain has no title by cession except what she may have
obtained by the Nootka treaty America has received
by formal cession, from both France and Spain, all
their rights the first by the Louisiana treaty IN 1903.
the other by the Florida treaty IN 1919.
At the peace Of I763, France ceded to Spain "al'
the country known under the name of Louisiana u
In 15O0, by a treaty between the republic of France
and the King of Spain, in consideration of the repub-
lie charging the territories of the Duke OF Parma,
Spain ceded to the French republic 1.-The colony orr
province of Louisiana, with the same extent which III
now has in the hands of Spain, and which it had beenI
when France possessed it, and such as it should be-
according to the treaties subsequently made betweenl
Spain and other States" And in 1853, the same ter
ritory was seeded to the United States, in the namel
= - - - - = ell
ty, with all its rights and appurtenances, as fully andl
in the anne manner as they have been acquired byl
the French republic, in virtue of the above mentioned
treaty with his Catholic Majesty
Considerable discussion has been had respecting thei
proper western boundaries of Louisiana as thus ced-
ed. We are inclined 10 the opinion that 1t reached to-
the South Sea. To us, however, the question appears.
to be of less Importance In its relation to the present;
controversy, for the reason that it could only concerns
America and Spain, and that their differences respect-I
ing 1t were settled by a full cession to America by thes
treaty of Florida. Louisiana might have been great
err or less; it might have stopped at the mountains,
or have gone to the Pacific, but England, in either:
case, had no rights there she had parted with all
she had to either France or Spain, at the peace of
1903.
The restitution of Astoria, after the war, is anoth-s
er important fact, by no means to be overlooked IN
this part of the argument. 1t will be recollected that:
the post was surrendered by Great Britain TO the gov-s
eminent of this country, by a formal act, so late as.
1918; and If, as is asserted, there was any reserva-s
ton in respect to Its bearing upon the question of
right, there Is nc evidence that any such reservation !
accompanied the act OF delivery, or was made known
to our government. One thing is quite clear, that iii
Astoria was upon British soil, it was unauthorized. &
and, having been taken in lawful war, this govern-i
ment had no claim whatever to its restitution. TheT
act of restitution, therefore, admitted that Americaf
had rights in the territory, even so early as the break-E
ing out of the war, and long before the cession, BY
Spain, of her rights by the treaty of Florida. 8
Between Spain and America, there arose a ques-s
ton, after the cession of 1903, respecting the properp
limits of Louisiana which was finally terminated in
1919, by the Florida treaty, by which it was agreed, S
that a line drawn along the AID parallel of latitude, 7
from the meridian of the sources Of the Arkansas
westward to the Pacific, should form the ~northerns
boundary Of the Spanish possessions, and the soulful
ern boundary of the American possessions In that
quarter ''His Catholic Majesty ccding to the UnitedS
States all his rights, claims, and pretensions to anvil
territories north of the said line - the United Statesf
ON their part ceding Texas to Spain. Is
Whatever title, therefore, either France or Spalni
ever had to Oregon, except so far as the Nootka trea-E
ty may have modified the rights of Spain, has beens
completely vested in this country. So that, with thatt
exception, which we are about to consider, whethers
we regard the title acquired by the original discovery
Of the coast ON the Pacific and the Straits Of Fuca, or
by the Spanish settlements on that Strait, or at Moot
ka Sound, or that derived from the discovery of the
river Oregon the overland exploration of Its stream.
and The settlements on Its branches or the title derIV-S
ed from the discoveries and settlements on the Atlan-s
tic coasts and on the rivers st. Lawrence and Missis-E
sippi, we see them all tend to one point. and unitedE
In this country, vesting in US a title, as we believe,I
not to be shaken. Z
These titles all cover the country as far north ast
the 10Th parallel, embracing the strait of Fuca and
the parts adjacent; while the title derived from Gray'ss
discovery extends to the head waters of the Column
ba a little above the parallel of %, and that derivedE
from the Spanish cession Of 1919 extends to the Rus-k
sian possessions. Z
The most important grounds on which the Britishk
government defend their pretensions, are brakes voy-k
age and the Nootka treaty. The evidence, as we haveE
already said of Brakes visit above 43, is too slenders
for serious argument. Indeed, we may say that what
ever appearance of right there may be in these pref
tensions. rests altogether upon the treaty of 1870 i
and such, we infer, is the view of the British govern
ment itself: for there is no other reason for their conf
fning their pretenslons to joint occupancy and %settle-s
ment. If ahy other of their grounds were valid, their
title would be exclusives {
The British government maintain that by virtue of
that treaty they acquired a perpetual right to all partsi
of the northwest coast, s'for all purposes OF commerce
and settlement, the sovereignty remaining m abey-f
ance." The convention Is in these words Z
ART. L. The buildings and tracts of land situatedf
on the northwest coast of the continent of NortbE
America, or on the islands adjacent to that continent, I
Of which the subjects of his Britannia Majesty wereE
dispossessed about the month Of April, 1889, by al
Spanish officer, shall be restored to the said British
subjects.
Arr. 9. A Tust reparation shall be made accordingly
TO the nature of the case, for all acts of violence orr
hostility which may have been committed subsequent
% the month of April, 1889, by the subjects of eiiherl
of the contracting parties against the subjects of the
other and in case said respective subjects shall sinceI
fhe same period have been f0rclbly dlsp0ssessed of!
their lands, buildings, vessels, merchandise, and other;
nronertv whatever. on the said continent. or on tlei