The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-21

inc natives OF the country or OF making settlements
Iherei the whole subject, nevertheless 10 inc re-
slrictons specified in the three following articles
"ARr. 4th. His Britannia Majesty engages to
Jake the most efectusl measures 10 prevent the nav
gauon, and the fishery of his subjects in the Pacific
ocean, or IN the South seas from being made pre-
text for Illicit trade with the Spanish settlements;
and with thus view It Is moreover expressly supu-
lated That BRUSH subjects shall not navigate carry
on their fisheries In the said seas within the space
Of ten sea leagues from any part already occupied
by Spain.
"ART. 5th. As well in the places which are to
be restored TO the British subjects by virtue of the
first article, in all other parts Of the northw estern
coasts of North America, or Of the islands ad accent,
situate TO the north Of the parts Of the said coast
already occupied by Spain, wherever the subjects
Of either Of the two powers shall ave made settle.
ments since the month OF April, 1889, or shall here
after make any, the subjects Of the other shall have
free access, and shall carry on their trade without
| any disturbance or molesation.
CART. 9th. With respect to the eastern and west
ern coasts Of South America and 10 the islands adj
jacent, settlement shall be formed hereafter by
the respective in such part OF those coasts
as situated to the south Of those parts Of the
same coasts, and Of Ne islands adjacent, which
already occupied by Spain; provided that the said
respective subjects shall retain the liberty ofanding
the coasts and islands situated for the purpose
OF their fishery, and Of erecting thereon huts and
other temporary buildings, serving only for those
purposes"
The substance Of these stipulations, the language
Of which represents rather eonfussdly, and perhaps
not very accurately the intentions Of the parties APP
pears 10 be as follows
Spain ha. made extensive settlements in the
southern parts OF North America and in the north
ern parts Of South America; but there is much ter
ritory south Of the most sonthery and north Of the
most northehy, Of these settlements that is still I'M
occupied. 1t is agreed between the parties, that
British subjects shall have the right Of landing on
the coast Of this unoccupied territory for the pur
pose Of trading with the natives and making settle
ments-but on the coasts Of South America, these
settlements shall not extend beyond temporary
buildings, to be used in connection with the fishery
On the western coast Of North America, north Of
the most northerly Spanish settlement-ths two par
ties may make permanent settlements, and each
shall have free access to those made by the other
subsequently to the month Of April, 1889.
Such being the intentions Of the parties, it would
become important-supposing thei convention to
be still in force-to ascertain what was in fact, at
the time when it was concluded, October %, $780,
the most northerly Spanish settlement on the north
west coast; sncs i, is at this point that the preten
sions Of England, founded on the Nootka conven-
ton necessarily terminate In regard to this ques
ton there has been difference Of opinion. Previ
ously to the year 1888, there was no Spanish set
Element north Of the hsrbor Of San Francisco in lat
itude $40 49,. In the early part Of that year the
viceroy ofMexico despatched two Spanish vessels
from the port of San Bias TO Nootka for the purpose
of forming permanent settlement. They entered
the harbor on the 9Th of May, 1889, and the COM
mander Of the expedition, (Martinez,) Immediately
commenced building fort on point in the hsrbor
called Friendly Cove. Martinez was superseded in
the course of the year by another commander, but
the arrangements for the settlement were continued
with success, and when the coast was visited by
Vancouver in 1884, he found at this point a consid-
cradle village, of which he has given drawing in
his work 1t is certain therefore, that at the date of
the conclusion Of the treaty, October $780, there
was a Spanish settlement at Nootka, which is in
about the latitude Of 49o; and this, on fair con-
structen Of the third article, would seem to have
been the proper dividing line between the Spanish
possessions and the territory declared by the conven
ton to be vacant and open to both parties.
| On the other hand, Vancouver, who was sent GU,
by the British government to carry the convention
into execution refused to recognise the Spanish
tement at Nootka coming within the terms of the
third article He maintained that the place was
already occupied by the British when the Spaniards
arrived--that the Spanish commander had wrong
fully dispossessed the British settlers of their lands
and buidngs-that the first article Of the Nootka
convention provided for the restitution of these
lands and buildings to their owners-and that il
was the intention Of the parties that the lands thus
restored should include the whole neighborIood Of
the harbor and the Spanish settlement. Vancouver
accordingly announced "The Preside of San Fran
cisco, situated the entrance of the bay, in the
latitude of 37o 49, as the northernmost spot on the
Pacific coast of America occupied by the Spaniards
previous to the month Of May, 1885," and as ICON
sequently, according to the convention of 1870, the
northernmost spot on that coast which Spair
could exercise exclusive jurisdiction" The Span
ish authorities at Nooka resisted this construction
of the article and neither party consenting to Civ,
way, Vancouver left the coast without carrying TIT
convention into execution. The Spaniards remain
ed for several years in possession Of the place, ant
there was no British settlement in the neighbor
hood. The British maintain that the Spanish gov
eminent did ultimately acquiesce in the British con
struction of the article and they state, what they
deem sufficient authority, that "on the 23d o
March, 1795, the Nootka convention was carried
into execution on the spot by the Spanish Brigade
Alava and the British Lieutenant Pierce, who ex
changed declarations to that effect in the harbor o
Nootka, after which the Spanish fort was destroyed
the Spaniards were embarked on board their ships
and the British flag hoisted in token of posses
; sion.".
1t is rather singular, however, that these decara
tiens have never been published. General Alava
who was employed on the Spanish side to carry thu
treaty into execution, afterwards distinguished him
self in the military and political events that succeed
ed in Europe, and figured as aid to the Duke o
t Wellington at the battle of Waterloo.
The United States, as the representatives o