The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1846-01-14

should prove the Nooka convention to be still IN
farce. On the contrary, this convention, if the
construction placed upon it by the undersigned
be correct, contains clear virtual admission on
the part of Great Britain that Spain held the e.
ventual right Of sovereignty over the whole dis
puted territory;and consequently that it now be-
longs 10 the United StMes
The value Of this admission, made in 1890, is
the same whether or not the convention coniinu-
ed to exist until the present day. But he is will
ling TO leave this point on the uncOntroverted
argument contained in his former statement.
But is the Nootka Sound convention still in
force? The British pIenipotentary does not con-
test the clear general principle of public law,
"that war terminates all sublstng treaties be-
tween the bellIgerent powers" He contends, how
ever, in the first place, that this convention is
partly commercial; and that, so far as partakes
of this character, it was revived by the treaty
concluded at Madrid on the 28th August, 1914,
which declares "that all the treaties of commerce
which subsisted between the two parties (Great
Britain and Span) in 1896, were thereby ratified
and cOnfrmed;" and I'd, ''that in other respects
it must be considered as an acknowledgement OF
aubssting rghts-an admission of certain Prin,
ciples of International law," not to be be revoked
by war.
In regard to the first proposition, the under
signed is satisfied TO leave the question, rest up
on his former argument, as the British plenipo
lentae ims contenled himself with merely assert.
ing b act that the commercial portion of the
Noo'AH Sound convention was revived by the
tref 1lf 1914, without even specifying what he
coral:EFs TO be that portion of that convention
If the undersigned had desired to strengthen his
former position, he might have repeated with
great effect the argument contained in the note
of Lord Aberdeen to the Duke of Stotomayor
dated Both June, lS45, in which his lordshr
cI,arly established that all the treaties of com.
merce subsisting between Great Britain and
Spain previous to 1896 were confined to the
treaty with Spain alone, and did not embrace heI
colonies and remote possessions.
The second proposition of the British plenipo
tentlary deserves greater attention. Does the
Nootka Sound convention belong to that class o
treaties containing Gan acknowledgement of sub
sisting rights--an admission of certain principles
of international law not TO be abrogated by war
Had Spain by this convention acknowledged the
right OF all nations to make discoveries, plant
settlements, and establish colonies, OH the North
west coast OF America, bringing with them the
sovereign jurisdiction, there would have beer
much force in the argument. But such an ad
mission never was made, and never was intended
10 be made, by Spain. The Nooka convention
IS arbitrary and artificial in the highest degree
and is anything rather than the mere acknowl
edgemen Of SIMPLE and elementary principles
consecraod by the law of nations. In all its
provisions it is expressly confined to Great Br
tain and Spain, and ackno Wedges no right what
ever in any third power to interfere with the
Northwest coast eff America. Neither in it:
terms, nor in its essence, does il contain any ack
nowledgement OF previously subssting territorial
rights in Great Britain, or any other nation. Ii
is strictly confined 10 future engagements; and
these are Of most peculiar character. Ever
under the construction of its provisions maintain
ed by Great Britain, her claim does not extend
to plant colonies; which she would have right
to do under the law of nations, had the countr,
been unappropriated; but it is limited to mere
right Of joint occupancy, not in respect to any
part, but to the whole, the sovereignty remain.
ing in allegiance? Not separate and distinct col
onies, but scattered settlements, interminged
with each other, over the whole surface OF the
territory, for the single purpose of trading with
the Indians, TO all Of which the subjects of each
power sholld have free access, he right of excln.
sve dominion remaining suspended. Surely it
cannot be successfully contended that such trea.
ty is Gan admission of certain principles of inter.
national law" so sacred and so perpetual in their
nature as not to be annulled by war. On the
contrary, from the character of its provisions, il
cannot be supposed ior a single moment that II
was intended for any purpose but that of mere
temporary arrangement between Great Britain
and Spain. The law of nations recognizes no
such principles in regard to unappropriated ter
ritory as those embraced in this treaty; and the
British plenpoentiary must fail in the attempt TO
prove that it contains ian admission of certain
principles of international law" which will sur
vve the shock of war;
But the British potentiary contends that
from the silence ofSpan during the negotiations
of 1918, between Great Britain and the United
States respecting the Oregon territory, as we'll as
"from her silence with respect TO the continued
occupation by the British of their settlements in
the Columbia territory, subsequently TO the con-
vention of lSl4,'' it may fairly 'be inferred that
Spain considered the stipuations of the Noolka
convention, and the principles therein laid down,
to be still in force"
The undersigned cannot imagine case
where the obligations of treaty, once extin.
guished by war, can be revived without positive
agreement 10 this effect between the parties.-
Even if both parties, after the conclusion OF
peace, should perform positive and unequivocal
acts in accordance with its provisions, these must
be construed as merely voluntary, to be dsconti.
nued by either at pleasure. But in the present
case it is not even pretended that Spain perform.
ed any act in accordance with the Convention
of Nootka Sound, after her treaty with Great
Britain Of 1914. Her mere silence is relied up
on to revive that Convention.
The undersigned asserts confidently that nei.
ther by public nor private law will the mere ST.
lence Of one party, whilst another is encroachna
...... k.. IL.