The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-04-28

millions extorted from the Spanards promise o
restoration and reparaon, 1t is well ascertained-
Hrsf mat the settlement in question never was re
stored by Spain, nor the Spanish flag at NoOtkf
ever struck and, secondly that no settlement hal
ever been subsequently attempted by England OF
the California coast. The claim of right set up BY
the Court OF London, 49, therefore, plain, has beer
virtually abandoned, Notwithstanding the menaclne
tone in which the negotiation was conducted by the
British administration, who cannot escape some
censure tor encouraging these Usratioss encroach.
n,ents on the territorial rights Of Spain" (Appen
dir. pp 40, ALL
What, then, Mr.. President, becomes of the terri
torlal claims OF Great Britain upon the northwest
coast; since, whatever they may have been 'priol
to the convention OF 1890, they were from thence
forward longer to be traced in vague narratives
OF discoveries, several OF them admitted to be apoc
rypha but IN the text and stipuations OF that con
ventlon itself" and they of the character have
shown them 10 be, on the authority of her own his.
torlans and her own published documents?
And, SIR, It may be observed here, that il these
views Of that convention are erroneous, and that
England did actually acquire, or procure the recog-
milton Of territorial claims there by this convention,
then, SIR, 1t may well be insisted such claim, or
title, or whatever 1t may be, enured, on principles
OF natural equity and JUSTICE TO us as her assignee
through Virginia, of the whole country.
But, sir, this convention being OF the character
have stated il to be, mere international arrange
ment for trading purposes, on q remote coast was
abrogated, on principles OF British law-and pre-
ter appealingt0 that controversy OF this nature
as pronounced by one of her most distinguished
ministers and statesmen, Lord Bathurst, In the ne
golation of 1916, between England and the United
States, respecting the Newfoundland fisheries. He
said Great Britain knows OF no exception to the
rule that all treaties are put an end to Iy subse.
quent war between the same parties" The war OF
l796, between Spain and Great Britain, abrogated
this convention therefore, and il has never been re-
newed No subsequent treaty between those
powers can be shown, which, IN its terms. or by its
spirit and intention, renews this convention.
ha v1rdn oonpon lead hvtt
OF renewing treaty after war, is by an express
recital and renewal OF it by date or particular de-
scrption and confirmation. The second section OF
the treaty OF Paris OF l763 80 often referred to- sir,
shows the mode IN which Great Britain and Spain
and France renew treaties II is in this form -
The treaties Of Westphalia OF 1913; those OF Ma.
drld, between the crowns OF Great Britain and
Spain OF 1867 aud 1910; the treaties of peace Of
those OF peace and Of commerce of Utrecht OF
l7l3 that oil Baden of l7l4; the treaty of the triple
alliance of the Hague Of l7l7 that of the quadru-
pie alliance OF London OF l7l8; the defntive trea-
a-ChapeIe OF l748; and that OF Madrid between the
crowns of Great Britain and Spain Of 1850 as well
the treaties between the crowns OF Spain and POr
tugal OF the 18th Of February 1868. Of the 9th OF
and that OF the llth Of April, l7l3, between France
and Portugal, with the guarantees OF Great Britain.
serve basis and foundation to the peace and tc
the present treaty and for this purpose they al
/ "
the treaties in general which subsisted b'treen tn
high contracting parties before the tc0r If thss
inserted here cord for ord, that they Il
Be eract!y observed for the future in their rhoi'
This, sir is the regular mode of revlving treaties
| which have been abrogated by war-not by silent
inference, but by express recognition and enumera-
ton for in this mode all doubt and uncertainty
TO the intention OF the parties is removed
The treaty OF Madrid, OF 1914, did not, nor was
II intended to, revive the NOotka convention, OF
any commercial treaty or International arrangement
which war had terminated, except those relating to
commerce between Great Britain and Old Spain,
not including her American colonies or distant pos
sessions tor clause OF that treaty stpulaes il
the trade ID opened to her colonies, England shall
be placed on the footing OF the most favored nation
In respect to 1t. How, then, 1t may well be In
qared, the text and stipuatlons of the Nootka
convention" which did not, virtually, grant any
thing to Great Britain, but merely permitted British
subjects to settle tor trading purposes upon the north
simple OF their settlements, be now regarded as
such foundation of title in Great Britain to JUS
tfy her in demanding Of us, who have succeeded,
by fair purchase to all the rights OF Spain, divl-
might tenant will, at sutferance, who has
cupied the premises OF another under license
molested Tor series OF years, demand OF the pro.
prietor, on receiving notice to quit, partition oil
the farm, or the occupied field. insist, therefore,
sir IN view Of all these facts, arguments, and ne-
rences, that Spain had not encountered her title be-
tore she passed it to u.s. II was not affected by the
convention OF Nootka, and our title through Spain
10, therefore, " clear and unquestlOnabe."
Insist, also, Mr.. President that there is great
proprIety and manifest justice In according to Spain
all the benefits OF these principles OF British law to
which have referred, and which Great Britain had
forced all nations to acknowledge; because Spain
had, for many years, made it prominent feature in
her policy to originate, and at great expense pro-
mote, voyageso oil discovery throughout the whsle
tent OF the northwest coast. SO important, sir, was
L.. cvI
ted upon her SYSTEM that she erected distinct de-
partment, (caled the Marine Department oil San
Bas) purposey to conduct explorations and surveys
OF The northwest coast OF America. She made, SIR
all the most important discoveries on that coast
and named its rivers, bays, capes, and headands
and followed up her discoveries by such settlements
were suited to her then condition; or II no set
dement's followed, continual claim was made, which
no nation questioned And why, sir, would ask,
were we not entitled to the benefit OF this as claim
ants under Spain OF that very title which these
of hers originated
As to the true exposition of the public law, sir,
upon the question Of title arising from discovery
orly, nothing conclusive can be urged. We have
seen, SIR how Great Britain has understood and en-
forced 1t. Itcannot be commended, SIR, in any view
OF the question, that nation is bound forthwith to
follow up a discovery by settlement. Az to that,
her condition, the exgencies of the State, must be
considered; but she must do some act which will
be notice to the world that she is determined to APP
propriate the discovery to herself. What particular
act this shall be, ID not setued. IL must, IN the ma
ture OF the subject, depend on very many circum-
stances-no invariable rule can be applied. Yet
some act must be done, evincing this design Of ap-
Precipitation but at what time, must always be an
open question. Spain did as mnch to notify the
world OF her intention any other nation, that is
certain, which had originated discoveries
Another view Of this convention, Mr.. President,
as a foundation Of claim by Great Britain, may,
with propriety, be urged. Whilst it was, as now
alleged by Great Britain, in full force, why did She
IN 1873 before we had ACQUIRED the Spanish title
voluntarily enter into the convention with US, on
the 10Th Of October Of that year. so inconsistent as
il is, with her engagements with Spain under the
her pretensions at that tune, as she does now, on
it's texts and stipuations," and not on "vague
narratives OF discoveries, some OF them admitted to
be apocryphal1 II she really believed the conven-
ton of oolka was in force at that time, 1t is In
BY neglectng to do 80, sir, these differences fair
and rauonal lst, That Great Britain no longer