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

the exploration Of Lewis and Clarke, and the esta-
blishment founded at the mouth of the Columbia,
must be condemned as encroachments on the terri
torial rights OF Spain.
According to the opposite principle by which dis
covery, exploration, and settlement are considered
as giving valid claim to territory, those very
are referred to IN the course OF the same paper
constituting complete title in favor Of the United
States.
Besides, how shall we reconcile this high estima-
tion OF the territorial rights of Spain, considered In
dependently of the Nootka Sound convention, with
the course observed by the United States in their
diplomatic transactions with Great Britain, pre-
vousy to the conclusion of the Florida treaty The
claim advanced for the restitution OF Fort George,
under the first article OF the treaty of Client; the
arrangement concluded tor the joint occupation of
the Oregon territory by Great Britain and the Uni
ted States nnd, above all, the proposal actually
made on the part Of the United States for aparttion
Of the Oregon territory; all which transactions took
place in the year l8l8 when, yet, Spain had made
no transfer or cesson of her rghts-appear to be as
little reconcilable with any regard for those rights
while still vested IN Spain. as the claim founded on
discovery, exploration, and settlement accomplished
previously to the transfer of those rights the Uni
ted States.
SupposiDg the arrangement proposed in the year
1878, or any other arrangement tor the partition Of
the Oregon territory to have been concluded in those
days, between Great Britain and this country, what
would, in that case, have become of the exclusive
rights of Spain!
There would have been no refuge for the United
States but IN an appeal to the principles of the Moot
ka convention.
To deny, then, the validity of the Nootka conven-
tion Is toproclam the llegaiy OF any title founded
on discovery, exploration, or settlement previous to
the conclusion of the Florida treaty.
To appeal to the Florida treaty as conveying to
the United States any exclusive rights, is to attach
character OF encr0achment and OF violation o the
rights OF Spain to every act to which the United
States appealed IN the negotiation Of 1873. as giving
them claim to territory on the northwest coast.
These conclusions appear to the undersigned to
be irresistible.
The United States can found no claim on discove-
ry, exploration and settlement effected previously
to the Florida treaty, without admitting the princi
pies OF the Nootka convention, and the consequent
validity OF the parallel claims of Great Britain found
ed on like acts nor can they appeal to any exclusive
setting all claims adduced in their proper right,
by reason OF discovery, explorations and settlement,
antecedent to that arrangement.
The undersigned trusts that he has now shown
that the convention of 1890, (the Nootka Sound con-
vention,) has continued in full and complete force
UP to the present moment
BY reason, in the first place, OF the commercial
character OF some OF Its provisions, such express
ly renewed by the convention of August, 1914, be-
tween Great Britain and Spain,
by reason, In the next place, OF the acguiescence
oil Spain In various transactions to which Is not to
be supposed that that power would have assented,
had she not felt bound by the provisions OF the con-
ventiOn in question
And, thirdly, by reason of repeated acts of the
Government OF the United States previous to the
conclusion of the Florida treaty, manlfesting ad-
herence to the principles of the Nootka Convention,
or at least dissent from the exclusive pretensions of
Spain.
Having thus replied, and he hopes satisfactorily,
to the observations of the American plenlpotentary
with respect to the effect Of the Nootka Sound Con-
vention and the Florida Treaty, as bearing upon the
subject OF the present discussion, the undersigned
must endeavor to show that even If the Nootka
Sound Convention had never existed the position of
in m hor ri hort he
whole or to any, particular portion of the Oregon
Territory, is at least as good as that ofthe United
States
This branch Of the subject must be considered,
first with reference to princlpe-to the right OF
either party, Great Britain or United States, to
explore or make settlements in the Oregon Terri
next, supposing the first to be decided airmativey,
with reference to the relative value and importance
of the acts OF discovery, exploration, and settle
ments effected by each.
signed thinks he can furnish no better argument
than that contained in the following words, which
ne has already once quoted from the statement of
the American plenipOtentary.
"The title of the United States to the valley of
the Columbia. is older than the Florida treaty Of
February, 1919, under which the United States ac-
quired all the rights of Spain 10 the North west
coast of America, and exists independently of its
provisions" And again. the title of the United
States to the entire region drained by the Columbia
River and its branches, was perfect and complete
before the date OF the treaties occupancy of
The title thus referred to- must be that resting on
discovery, exploration and settlement.
1t this title, then, is good; or rather was good, as
against the exclusive pretenslons OF Spain, pre-
viously to the conclusion OF the Florida treaty, 80
must the claims of Great Britain resting on the
same grounds, be good also.
Thus, then, it seems manifest that, with or with
out the aid of the Nootka Sound Convention, the
claims OF Great Britain, resting on discovery expo-
ri
equally valid with those of the United States
Let us now see how the comparison will stand
when tried BY the relative value, importance, and
authenticity OF EACH
Rejecting previous discoveries north of the lorty-
second parallel OF latitude not sufficiently aufhen-
hcated, It will be seen on the side of Great Britain,
that. in IT'S, Captain Cook discovered Cape Flat
terry, the southern entrance of the Straits of Fuca
Cook must also be considered the discoverer of
Nootka Sound, In consequence of the want of au-
thenticy IN the alleged previous discovery Of that
port by Perez.
In 1877, Captain Berkeley, British subject, in
vessel under Austrian colors, discovered the Straits
of Fuca.
In the same year, Captain Duncan, in the ship
a." Princess Royal" entered the Straits, and traded
at the village Of Casset.
In 1888, Meares, a British subject, formed the
establishment at Nootka, which gave rise to the
memorable discussion with the Spanish Govern
the right OF Great Britain to form settlements in the
parts OF the Northwest portion Of the
American continent, and in an engagement, on the
part of Spain, TO renstate Meares the possession
IRON which he had been elected by the Spanish
commanders
In 1892, Vancouver, who had been sent from
England to witness the fufllment OF the above
mentioned engagement, and to effect a survey Of
the Northwest Coast, departing from Nootka
Sound, entered the Straits Of Fuca and, alter an
accurate survey Of the coasts and inlets on both
Pacific by which he returned to Nootka-having
thus circumnavigated the island which now bears
his name. And here we have, as far as relates to
Vancouvers Island, as complete a case Of discovery,
exploration, and settlement, as can well be pre-
sented, giving TO Great Britain, in any arrangement
that may be made with regard to the territory in
dispute, the strongest possible claim to the exclusive
possession of that island.
While Vancouver was prosecuting discovery and
exploration by sea, Sir Alexander Mackenzie, a
partner IN the Northwest Company, crossed the
Rocky mountains, discovered the head waters OF
the river since called Frazers river, and following
for some time the course OF that river effected pas