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

Great Britain had been able 10 maintain the APP
pearanee Of an argument against our right TO the
whole of Oregon.
We find, accordingly, that the British govern
ment, in order TO keep up a show Of reasoning on
their side, have been compelled to dispute, as ap'
pcabe to the present case the general position thai
treaties are annulled by war. This may be regard
ed as the only question Of principle now at issue;
for, though the British agents sometimes assert that
even independently Of the convention they can make
out at least as good a title as that of the United
States; they cannot, as we have already remarked,
take single step in this line Of argument, without
previously impeaching the validity of the Spanish
title, which is supported, as we have shown, in a
former article, by all the usually acknowledged
grounds of discovery, conquest, occupation, and
conIiguity; and it is officially admitted in the
respondence Of Messrs. Huskisson and Addington
as quoted above, that "whatever their claims may
have been prior TO 1880, they now rest entirely on
the text and stipulatons THE Nooka convention"
The question whether this convention was annulled
by the war, is now in force, however clear in It.
self, being, therefore, the great point now in dis
eusson, it may be proper to treat it with some at
tention.
| War is suspension Of all the friendly relations
between two nations and substitution for them OF
the Improbable contest"-as Mr.. Jefferson justly
called it-of "seeing which can do the other the
greatest possible injury" In this suspension are
included, Of course, the relations founded on spe-
cial agreements treaties, as well as those which
result from the acknowledged principles of natural
and national law. When tho parties are weary of
this state Of things, and intend to bring il to an end
they come together and close it by arrangement
which necessarily consists Of three parts |, res
toration Of the ordinary relations of amity and
commerce, founded on the acknowledged principles
OF national and natural law secondly, renewal Of
such pre-existing treaties and conventions az they
desire to perpetuate; thirdly, new stipulations
or treaties, if any should be thought necessary
existing treaties and conventions which are not
renewed, having been annulled by the war, remain
Of course in this condition, and haze no mor'
subsequent operation or effect than they had neye
been concluded.
The war Of the French revolution came Il
close in 1918; and it was stipulated in III,
treaty OF peace between England and Spain
concluded a, Madrid on the 2sth Of August of tn,
following year, that "pending a negotiation Of Q
new treaty Of commerce, Great Britain should be adj
mitted to trade with Spain upon the same condi.
tons as those which existed previously to 1885, al
the treaties Of commerce which at that time sub
sisted between the two nations being hereby ratified
and confirmed" 1t has been commended on tn
British side of the Oregon question that the Nootk
convention was a commercial treaty, and, having
as such been renewed by this stipulation
is still in full force. Mr.. Pakenham, in hi
letter to Mr. Buchanan, of July 30 of las
year, "trusts that he has shown that the Nootk
Sound convention has continued in full and com
plste force up to the present moment, by reason
in the first place, Of the commercial character o
some Of It's provisions, as such expressly renewed
by the convention Of August, 1914, betwee
Great Britain and Spain"
The Secretary of State has treated this subject 81
fully, and in manner entirely satisfactory, that
it would be quite supsrauous to add single word
in support Of his conclusion, that the convention
cannot in any sense be considered as treaty of com
nercs and was therefore, not revived by the treaty
of Madrid Lord Aberdeen himself, in his letter
of Both June, lS45, to the Duke Of Sotomayor,
son of the late Marquis Of Casa Yrujo, now Span
ish minister at London, "cearly establishes that al
the treaties of commerce subssting between Gres
Britain and Spain previous to l796, were CONFINES
to the trade with Spain alone, and did not embrace
her colonies and remote possessions" II may b
added, as is justly remarked in the able essay o.
this subject in our paper of Saturday. that the re
newal of the pro-existng treaties Of commerce, b.
the treaty of Madrid, was merely temporary
They were to continue in force pending the negotia
ton Of q ne,c treaty. This negotiation has sine
been concluded; the new treaty has been concluded
and contains no allusion whatever to the Nootk
convention.
n The assertion that the Nootka convention wa
renewed as a treaty of commerce, by the treaty g
Madrid, is therefore plainly untenable. Bent o.
proving that it is still in force, and feeling per
haps the entire nsuffeiency of this pretended re
newal, the advocates Of the British pretension
have, at times, taken different ground, and main
, taiaed that it was not suspended even during tn
war. and has never for an instant ceased to be II
full force "The treaty of 1870" says Mr.. Paken
ham, in the letter quoted above, "must be consld
: cred as, in some respects, an acknowledgment O
existing rghts-an admission of certain principles
international law not to be revoked at the pleasur
Of either party, or to be set aside by cessatlo
: of friendly intercourse between them"
On this point, too, the reply Of tho Secretary
State is complete and decisive. He shows, with tn
force of demonstration, that the view taken of tn
f treaty by the British minister is erroneous; that
acknowledged no existing rights, and admitted n
r general principles of public law, but was mer
special agreement between the parties for tn
t common use by both, for certain purposes, Of
, territory claimed by one of them and in no Wa
, alienated or abandoned by this convention, tn
question of title or sovereignty being expressly RI
served. "The Nootka convention" says Nj
Buchanan, "is artificial and arbitrary in the higi
est degree, and is anything rather than the nero al
E acknowledgement of simple and elementary principle
consecrated by the law Of nations. In all its pre-