Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-12-20

the British Government for redress against Span and the
danger Of between the nations became imminent.
This prevented by the conclusion Of the Nooka Sound
convention That convention Provides by its first and
cond articles for the restoration Of the lands and buildings OF
which the subjects Of Great Britain had been dspossessed by
the Spaniads and the payment Of indemnity for the
uries sustained This indemnity paid by Spain but
sufficient evidence has been aduced that either Nooka Sound
any other spot upon the actually surrender
ed by that Power Great Britain. All know with
ainy is, that Spain continued in possession Of Nootka
Sound until 1895, when she voluntarily abandoned the place.
Since that period attempt has been made (unless very
ceny) by Great Britain her Subjects occupy either
this any other part Of Vancouves island II is thus mani
fest that she did formerly attach much importance the
exercise Of the rights, whatever they may have BEEN which
she had acquired under the Nootka Sound convention
The only other portion Of this convention important for the
discussion will be found in the third and fifth articles
They follows;
preserve in future perfect harmony and good
ing between the two contracting parties agreed that their
Ocean Or il the South Seas Or IN landing on the coasts
carrying their with the country
of making settlements there the whole subject nevertheless
to the restrictions specified in the three following arcles'
The material one Of which is:
cart S. As well in the places which are to be restored to
the British subjects by virtue OF the first article in all other
OF the Northwestern coasts of North America of the
coast already occupied by Span wherever the subjects Of
either Of the two Powers shall have made settlements since
The mont, Of April 1882 shall hereafter make the
subjects of the other shall have free access and shall carry
their trade without any disturbance molesation
It may be Observed striking fact which must have
important bearing against the claim of Great Britain, that
this convention which dictated by her Span contains
provision impaing the ultimate sovereignty which that
Power had asserted for nearly three centuries the whole
western side North America far north the 6lo oflaude
and which had been seriously questioned by Euro
pean nation This right had been maintained by Spain with
the most vgan jealousy since the discovery Of the
American continent and had been acquiesced in by all Eu
ropean Governments II had been admitted beyond the
latitude of $40 4V north by Russia, then the only Power
having claims which could in collision with Spain and
that too, under sovereign peculiarly tenacious of the terri
oral rights of her empire. This will appear from the letter
Of Count de Fernan Nunez the Spanish Ambassador
Paris to M de Montmorn, the Secretary Of the Foreign De-
partment Of France dated Paris June l6 $780, From this
that complaints had been made by Spain the
Court of Russia against Russian subjects for violating the
Spanish territory the Northwest of America, south
of the 6lo OF north ATTITUDES in consequence of which that
Court without delay, assured the King of Spain that it
extremely that the repeated orders issued prevent
the subjects of Russia from violating, the smallest degree
the territory belonging to another Power should have been
disobeyed"
This convention Of 1880 recognises right in Great Bn
TAIN either present prospective to plant colonies
the Northwest coast of America exercise such excu
jurisdiction any portion of is essential
eignty Grsat Britain obtained from Spain all she then de-
seda engagement that her subjects should not be
disturbed moesed Gin landing the of those
places already occupied for the purpose carrying
their commerce with the natives Of the country Of making
settlements there" What kind of settlements J" This is
speci6cd hut surely their character and duration limit
by the object which the contracting parties had in view
They must have been such only necessary and proper
"r the purpose Of carrying with the natives of
hscounuy- We're tbese settlements intended expand
into colonies to expe the natives to deprive Spain Of her
vergn rights and confer the exclusive jurisdiction the
whole territory Great Britain Surely Spain design
ed any such results and if Great Britain has obtained these
concessions by the Nootka Sound convention has been by
the extraordinary construction imposed upon human
MT alao
settlements which might be made by the party, the sub
ecs of the other shall have free access and shall carry
their trade without any disturbance moestaton What
trade Certainly that " with the natives OF the country,
prescribed in the hiid article and this from the very
Of things could continue only whilst the country should
remain the possession of the Indians On other
sucon this convention escape from the absurdies a
bued by British statesmen, when under discussion before
the House Of Commons.
In every place in which we might settle (sad Mr. Alter
wards Earl Grey left for the Spmards Where
another and merchant all the risks Of discov
cry and all the of establishment for property
which liable to be the subject of continual dispute and could
never be placed upon permanent footing"
Most certainly this treaty was in very nature tepora
y and the rights of Great Britain under it in
tended to be placed upon permanent footing It to
endure longer than the existence of those peculiar
which called it into being Such treaty. creating British
and Spanish settlements inermingled with each other and
dotted the whole surface the territory wherever Brit
sh Spanish merchant could find spot favorable for trade
with the Indians, could have been intended for per
manent arrangement between civilized nations.
But whatever may be the construction OF the Nooka
Sound convention has in the opinion of the undersigned
long since ceased to exist
The general rule Of national law is that terminates
subsing treaties between the belgerent Powers Great
Britain has maintained this rule to utmost extent Lord
Bathurst in negotiating with Mr. Adams in 1915, says that
Great Britain knows Of exception the rule that ell
ties put end by subsequent between the
paries Perhaps the only exception to this ulef such
may be yleds that of treaty recognising certain
reign rights belonging to nation which had previously
existed independently of any treaty engagement These
rights which the treaty did create but merely acnow
lodged, he destroyed by between the parties
Such the acknowledgment of the fact by Great Britain,
under the defnve treaty Of 1885, that the United States
free, sovereign, and independent" 1t will scarcely
be contended that the Nooka Sound convention belongs
this class Of treaties II is difficult to imagine any in
which treaty containing mutual engagements still remain
ing unexecued would not be abrogaed by The Noota
Sound convention strictly Of this character The decla
ton Of war; therefore, by Spain against Great Britain 0c
tobe, 1885, annued its provisions and freed the parties from
its obligations This whole treaty consisted Of mutual
press engagements TO be performed by the contracting parties
Its most important article he th in reference to the pre-
discussion, does not grant, in affirmative terms the
right the contracting parties trade with the Indians and
to make settlements merely engages, in negative terms
that the subjects Of the contracting parties shall be dis
tubed moIcsed in the exercise Of these privileges
Surely this is such engagement will continue ex
in despite Of between the parties Il gone forever
less has been revived express terms by the treaty peace
other treaty between the parties Such the prin
cpe Of public law and the practice Of civilized nations
Has the Nooka Sound convention bcenthus revived This