The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-02


ed and confscated two ships then lying in The SCUM
the ATgonaut and Princess Roys-wbich wer
afterwards given up; required him 10 leave the spot
and broke up his establishment. He proceeds Z,
England, on behalf Of those interested in the esab
lshment and property, TO procure from that govern
ment demand of indemnify from Spain for th.
seizure Before arriving there, however Spain ha,
made known 20 Great Britain her intention 10 de.
mand from that government punishment on the ag
gressor, and guarantees ssd assurances against ia
ture aggessions by the subjects of that power OF
her possessions on the north Pacific. Gentlemen
viii bear IN mind, for this is brief the position
the parties zap 10 that Time, that Spain claimed re
dress for territorial interference; and on the arrive
of Meares, England made demand on Spain for al
injury done to personal property of one finer sub
IJeets These were the issues, terrtoI isl and per
sonal The negotiations resulted in the treaty sign
ed al the Escural ON the Gath October, 1850 Thi,
reaty provided for the restoration Of the lands and
buildings which had been seized In point OF fact
believe the reoecupsiion never took place. The two
following articles OF that convention shall read
as showing what was agreed on:
Art In order to strengthen The bonds or fiendshlp
nd 70 preserve In future perfect harmony and good
standing between the two contracting parties Il Is agreed
mat their respective subjects shall not be disturbed
stretod in esrry ing their ttss Ia the Paehc
In the south seas, or In landing the Of those
,ng u tee Of the country or Of ma.
Lins settlements r. the whole subject nevertheless to
the restrictions specihsd In The three following articles"
this subject, will give;
art As well In the places which are TO be restored 10
the British subjects by virtue OF the first article In
all other parts Of the coast Of North America
OF Of the Islands adjacent situate Ia the north Of the parts
the said already occupied by spain 6sr,rsr s ,
OF either Of the two powers shall have made settlements
since the month OF April I7sa or shall HEREAFTER
any the subjects Of the other shall have free access and
shall carry their trade without any disturbance moles
taton"
The above, Mr.. Chairman is the title conferred
by the Nootka Sound convention, so much relied on
by England. shall not stop TO inquire whether this
treaty was afterwards destroyed or abrogaed by the
war Of 1896, or revived in 1914. Commercial trea-
ties are certainly, as principle of inter national law
abrogaed by war. Why Simply because it de-
ponds upon future arrangements whether the parties
shall ever be peace, and never at peace the
ties are at an end. But will not further argue this
point. What rights do these articles quoted give To
England The right ofsoil, the right Of commerce.
! say "giue" TO England for can any ge nteman be-
ieye that England conceived herself the owner Of one
inch OF that coast by prior right, and entered into
that treaty on the terms used in it2 Did she con-
oeive thai she was acquiring title, exclusive or
otherwise, TO any ofit' The burden OF the stipua-
tons IL FOR carrying the fisheries and for trade
and commerce with the natives Of the country, cor
of making settlements there !" the whole subject to
'the restrictions in the following articles" one of
which spulaes that settlements north of the terri
tory occupied by Spain, made by the subjects of
either, after 1889, the subjects of the other should
have free access to, and right to Garry on trnden
with them. lfsubjects of Spain settled north of the
territory occupied by Spain, that was all right; if
Engshmen settled, that was all right; neither was
to be hindered by the other this right was to re-
suit from the treaty; Engishmen were to settle
under the treaty. and the privilege Of trade as we'll
as protection, was the consequence. But suppose
the treaty ended by war, or otherwise, what would
be the effect? Could Englishmen settle there then
IL 80, by what right Not under the treaty; for
that did not exist. Had they any other title Sir,
Spain had acquired title more than two centuries
S Ssa%sar y 81 Oregon This England knew Il
was notorious. Do gentlemen think she would
have stipulated for right to fish and settle there
If she did not know this IL she had no title there
anterior to this Nooika sound title, what would be
the result, then, with her, If that convention
were terminated1 She would be RENTED to her
original lille; il that did not exist, she would be
without claim pretence of right. Here sir, am
about to state prAcpe, and call the attention of
my learned colleague, the chairman on Foreign AT
fairs, Mr.. G. INGERsoLL, to it. II is this: if two
nations agree mutually to occupy territory for
any length Of time together, for indefinite pc
Rod, the right Of neither by the occupancy so
agreed for acquires gains strength against the
other during the time the agreement lasts IL this
not so' [.'Yes, yes,' from several II IS If not
So agreement for reciprocal navigation of river
would ripen into title, no matter whether within
the exclusive jurisdiction of but one power not.
A nation might demand the perpetual opening of
port, because by treaty it had been open for def
mite period We might have title to the New
foundland fisheries f this we're But il is not so.
Suppose, then, we look at the title so situated under
these circumstances. The subjects of Great Britain
entered into the territory under the Nottka sound
convention; and suppose that continued in force
til England entered into the convention of 1878 with
us, which is only admitted for argument so to be.
The agreement with ended the agreement with
Spain. Suppose we should now terminate the
into with nso Enpla nd
be RENTED to her rights anterior to her agreement
with us. What would they be- Why, an agreement
with Spain. Suppose that ag reement is terminated by
the entering into the convention with US, by the war
with Spain, or by notice: now, under our title from
Spain, England is RENTED to her rights anterior TO
the Nootka sound convention; and what theyi
Notwithstanding, sir. For she made no pretence
of title to the territory now claimed at that time.
This Nootka sound convention is now relied upon
as the foundation and supersructure Of her title,
and ifmy position be correct confers none whatever
Sir Charles Fox said Of this convention in l792-and
he waa quite as English as any body here could de-
sire an authority to he=--afer noticing several incon
gruities in it, "that it reminded him Of lawyers
will, written by HIMSELF who, at particular clause
made a marginal note: "This ,ciH afford glorious
chance for suit II, chancery" | will not stop to say
hoy x, Hygkind this remark was to the profession
!, "a. opinion Of English
men-of that treaty as the foundation Of title. VIII
JOHNNY Bull go to war on this title' Why, sir, he
has always been DESTROYS to preserve aPPcarances-
likes the world 10 believe he has good cause no
matter how the fact is Why, sir, remember in
nv Juvenile days Of reading a book called "John
Bgu and Brother Jonathan" The old gentleman
was represented lccturng his son Jonathan about
not paying taxes and tea duties, &c, without
grumbling. There was picture IN the book. There
stood Jonathan, long, lank, guant-iookins ellaw,
and beside him John Bull, very genteel in appear
ance, toilet recently made, speaking in the most
courteous manner to his unduiiful son, with one
hand in his bosom, and the other syiy slipped into
Jonathan's pocket--[great laughing. lie was pre-
serving appearances. And he will try and DO so
again, AMI, i appearances are against him. ne WIN
not fight. Both appearances and facts are against
him in our case.
But suppose England should determine to fight,
what does she risll Let us look at this as neces-
sary means Of ascertaning the probabilities about
her uitmate course in this matter Sir, this mani
festo that have been considering would be scorned
her ,,e examined, and she coHycted in the judg
mept not only contemporaries but of the world
time, of injustice, and consequently dshonor. Bu
again, gentleman the other day told US that her pos
ess,ons on the north stretched along for three thou