The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-11


ties entered into in former times, and thus enable
ourselves to furnish TO people tho protection OF
our laws to which they are entitled, and the homes
4 for which thoy emgrate.
The second article OF the treaty OF 1927 runs as
follows,
1T shall be competent however to ether Of the Goa
tfacng parties IN case either sho.id hlnk ~ any ns
twelve months 10 the other contracting party to snngl and
aoressie TIL, eo9ysno5 snd shall " .aSh e,ts' ~ ~
i ton OF the said term oil noties."
/ An express reservation ia here made TO either
party TO annul this convention, whenever either
party shall think H. or the fitness OF the time Tor
giving the notice. either party can EXERCISE his own
| Judgment and discretion, and the other has no
ground Of offence, no Unsuitable esuse OF quarrel or
complaint We can exercise this reserved right
without, offering any excuse without showing any
reasons. And call on gentlemen, and particularly
those who assert that notice Is tanlsmoant TO war,
TO point me to tho first English statesman who
holds any position Of responsibility to bis own GOV.
eminent, or any post Of honor, who has asserted
that tho giving OF notice VIII be Just cause Of onenee
TO H. ! defy gentlemen 10 produce any such au-
thonty which y entitled 70 weight and consideration
with US No opinion Of the kind can anywhere %
found 20 fer as q am Advised Tue right, then, 70
clear 10 terminate this convention OF JOINT occu-
paney at the option Of either party, without why
or wherefore, simply because II may be our good
pleasure to do so. But still we have the strongest
reasons urging Ms to the adoption Of this measure,
and in friendly and manly manner the President
may IL he deems II proper, render them TO ex-
elude the suspicion Of all selfish and unjust motives
on the part Of our government. lie may state 70
the British government, ~ all sincerity and uuth
that SHE circumstances have changed in reference to
this territory, which we were willing to occupy in
common with you in times gone by; that our emf
grants have gone there; they will 90 there's and II Is
moi our wish or purpose 10 stay their progress
You are setting up claims and preensons OF TUE to
this same district OF country we want 10 know
where our boundaries may be; we want no conflict
of iurisdictiOn-no confusion. We do not desire
our citizens TO settle in your territory, and thus for
felt unwittingly their claims upon our protection
Imnecd by the wishes Of the people Of the United
States who desire the country for permanent set
dement's and homes, and in order TO avoid all future
difficulties between US, our treaty OF joint occupa-
ton must be terminated our rights must be de-
fined, and our limits must be distinctly known and
that il is equally the interest Of both nations that
this should be done without unnecessary delay"
Can such manly frankness, IN the ordinary course
Of human events, beget woful murder and disas
trous war Do gentlemen see in this honorable
straightforwardness the germ from which Is to
spring the destruction Of the peace OF the world, the
shock of nations, and the overthrow Of systems.
such chimeras dire" may be conjured up by an
i-drected brain, and may have their effect upon
the weak and the tmd but still the nerves of tho
American people will be unmoved, their hearts will
beat regularly on, and they will form no such con-
illusions till their judgments are convinced.
But suppose the notice is given, and no negoiia.
tons are concluded in the interim, at the expiration
of the twelve months, in what relation will the par
es stand TO the country There are three grades Of
title TO real estate, as laid down in the law books
possession the right Of possession, and the right OF
property. In the application Of this natural dyis.
-. -, 10 claims N the
territory we find our government not only in pos
session. but entitled to the acknowledged right Of
possession For proof Of this, it only necessary to
refer to the following statement contained in the let
ter of Mr. Calhoun to Mr.. Pakenham, at an early
stage Of the late negotiations, dated September 3,
1914; and the position there taken is where con-
troverted by the British minister;
1--WE are then admitted by Lord Csstlereagh entitled
the party possession and the convention which supu
"a ,ss Ss IL. 20 he
and subjects Of the two countries, without preu
dice to . sihes Psy pa,
the territory including the acknowedged right to be con
sdered the party in as perfectly during tbs Pc
was signed OF this there can be no doubt"
! We are, them the admitted party in possession;
we are entitled ts the right Of possession and we
claim the right Of property-of exclusive sovereign
Ity. But, by the treaty of 1878, we have thrown
barriers and restrictions around ourselves, which
preclude us from the exercise of exclusive owner.
ship and sovereignty till the termination Of that
convention. What is the position Of Great Britain
We find it distinctly stated by her own commission
ers, Messrs. Huskisson and Addington, in their
protocol submitted in the year 1896. They say:
Great Britain claims 10 sscisre soueregny any
portion Of that territory Her present claim not respect
to any part the whole is limited to right of joint
occupancy with other states leaving the right
| of exclusive dominion in abey ance"
! Thus it will appear that the United States has
possession, the right of possession, and claims
elusive ownership. Great Britain, by her own
admissions, pretends neither 10 hold posses
sion, or the right of possession, or to claim any
exclusive sovereignty over any portion of that ter
rtory" But evidently acting on the hypothesis
that this vast country has never been actually set
lied or occupied by any Christian people of the
earth and is therefore equally open to all nations
who may choose to come in and plant themselves,
while she willingly assents TO leave "ths right Of er-
elusive dominion in allegiance" she insists upon "the
right of Joint occupancy NTH other States"
A short statement Of few facts will enable us to
comprehend more fully the nature and force of her
present position. In 1853, France and England
made treaty in which the Mississippi river is ire
vocably fixed as the boundary line between the do.
minions Of the respective powers, gin that part o.
the ,oorid-the continent Of .4meriea." By this SOL
emn act and covenant, she signed qut-claim deed
to France of all her right title, and claim to any part
of the continent of North America lying west Of the
Mississippi river. And by plain principle OF
English law, it carried with it not only her rights in
esse, but in posse. In 1903, the French title was
vested in the Unitsd Staes and without the aid Of
our own discoveries, explorations, and settlements
we thus became invested with title, good beyond
question agsinst Great Britain, up to ago north lat.
tudc. But during this time Spain claimed all the
country the northwest coart of America, but
she had not reduced il to possession by actual set
clement. Great Britain, not disputng the discove-
ries or pretensons Of Spain, claimed the RICH,
10 land on the coast To fish, to trade with the ma