The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1845-12-24

veInment; and he also shows that M, ta,,;,
rights In the whole region, iu the whole We
ern side OF the American continent, as far NJ,
as Lar. oil, had been assisted by Spain and a.
covery of America. In 1890, the wear in Ills us
was negotiated this very convention be,w ",oh
SPAN and Britain, Spain made a complaint IN ~"
Russian government, of encroachments nv D."
sian subjects, South Of Lat. 81 and in renlv 10
Russian government expressed its regret for tbaas
violations Of Spanish territory, contrary to il.
orders, and declared that effecual steps should ~
taken to prevent future aggression And ahss
quoting this negotiation between Spain and Rr.
STA, Mr.; Buchanan quotes the discussions in III.
British House of Commons upon this very conven
tion of 1890, to show that in the opinion Of r.;
fish statesmen, it Invested in Britain no ,ero,;,
rights.
Mr.. Buchanan next shows that this conven,o,
at lI9O, which granted no rights which the r.,
tish now claim in Oregon, was annuled bv n.
war declared by Spain against Britain in 1896 H.
was treaty Ut more transient character, and mo,
oil that class which survive war between n.
parties and this doctrine Mr.. Buchanan ,riumnb'
antly quotes against Mr.. Pakenham, from the deo
laration of Lord Bathurst TO Mr.. Adams in 1915
Lord Bathurst says that "Great Britain kpows
no exception to the rule that all treaties are nnt
an end To by subsequent war between parlie. %
But he admits as probable exception, trea,is.
recognizing sovereign rights in nation, which
had previously existed independently of any tre,.
ty, like the treaty of 1888, which acknowledge
the independence Of the United States Then 40
this convention of 1890 was not treaty within
the exception, it was according to British author.
~, annuled by the war of 1896.
Mr.. Buchanan then shows that the onlv trs,,v
between Spain and Britain after the war of 1896
| for the renewal Of any engagements between them
before that war, was the treaty Of 1914, and tina,
this merely gave TO Britain the right of tradioc
with Spain, but not with any Spanish colonies
Spain had always excluded foreigners from ,,adiO,
with her colonies, excepting in the famous a.
sleno " contract of l740 TO Britain, for SUPPLYING
the Spanish colonies with African slaves, Gi6
and IN this very convention Of 1890. In no Other
case had Spain granted to any other nation, any
intercourse with any of her colonies Therein.
Mr.. Buchanan urges that Spain in granting to
Britain by the treaty Of 1914, the commercial
privileges allowed befare the war Of 1896 confined
the treater to her European dominions and to
demonstrate this as the only admissible construc
lion, he quotes subsequent article of this yerv
treaty of 1914, promising that if The Spanish colo
MES should be opened to foreign nations, Britain
should be admitted to trade with them as the
most favored nation. But even if the convention
OF lI9u had been revived by the treaty of 1914 it
| is not general treaty of commerce, but merely
special privilege of trading with the Indians. and
therefore involves no territorial right He adds
that before the war Of 1896, several treaties of
commerce existed between Spain and Britain,
which did not include the Spanish colonies, and
that these only were revived by the treaty oflSl4.
He then adds that in the convention of 1918, the
British government did not suppose the convention
of 1890 then in force; and he very Significantly
lnfers that ifthey thought it were, they would NOT
in negotiating that convention of 1918, have
overlooked what they now urge as their main re-
lance.
MIR. Buchanan refutes, and with no little dry
and caustic humor, the position of Mr. Pakenham,
that, our acquisition of the Spanish title by The
treaty of 1919, impairs our previous title by dis
covery. He says that nations, as well as indivdu-
ais, may purchase outstanding title for the sake
of peace. and that it has never been supposed that
the acquisition of such new title impaired The va
lidity of an old one. II it did, party with two
titles would forfeit his best, and be confined to his
worst. The Spanish title might be urged against
our own for the benefit of Spain, but not that of
Britain; and we having acquired the Spanish ii.
tie, and both that and our own being good against
all the rest of the world, one fortfes the other a.
ganst Britain.
Mr.. Buchanan concludes with the offer of the
49th degree, on The principle Of compromise, and
because 1t had already been Offered by the IaIs
President. AS this has been declined the United
States are now thrown back upon their clear right
to the whole territory; and there let them stand,
s,oordin hand Having successfully me, British
fraud, we can, as we have t,oice heretofore, sue
cessfully meet British violence.