The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-17
THE DAILY UNION.

90. At last this question UTcss: Scan the operation
of law be valid HUNDRED years after il has ceased
10 be aeknowledgsdn, an europs--dukes, princes
emperoH, and among the rest the kings Of Eng
lsnd-stooped to the ponhf TO receive their crowns
at his hands and il was not I'LL 1893 that solitary
exception or dispute arose about il. II was an off
spring of the reformation by Luther. The Spanish
king had made proclamation complaining Of Eng
lish depredauons on Spanish America, when Queen
Elizabeth first questioned the ponilfS power, say
ing that where thing was stolen, y ought 10 be re-
stored; but that she denied the right, derived from
his holiness, 10 the thing claimed by the Spanish
king; that she owed the Pope no allegiance, ac-
knoWedsed no obedience 10 him, and could not be
supposed To respect his acts. That question, pro
dueed by the reformation changed International law
England, TO that time, had no claim to the Spanish
coasts Of America The probable cause Of the trea-
~ between Spain and England Ss.is held by the
Secretary of State, was about the right Of naviga-
ton, &c. The question now arises, Was the Nootka
sound treaty destroyed by the war Of 1852 Ii not,
must admit there il incumbranee on our tide,
We must admit that TO say the least Of u; for II that
treaty be still in existence, they did obtain the
current right 10 fish settle and trade the northwest
coast Of America. Well, ! am willing 10 say, with
our Secretary Of State, that it was treaty such
might be abrogaled by the war Of 1896; but Ger.
tainly will pause before go far 10 say il is a
treaty clearly abrogated TO prevent all negotia
ton. will not make so bold an assertion. Amer
inc OF 1870, oTtdi Dflldln 10 cAcItlsc
those rights and privileges there. From the year
1906, onward, they continually making settle
ments, fishing and carrying on the navigation Of the
coast, and so they continued long before the treaty
Of 1914 could have reached the British minister tell.
ing him Of the renewal Of that of 1886 We find
them constantly exercising these rights afterwards
On the face Of all this then although | concur with
those who say our claims best, feel some diff
denee in saying that the Nootka sound treaty was
abrozated by the war. So far as this government Is
concerned, II had come claim before the cession OF
the territory by Spain But all ask is this that be
they ~hatthey may, in our own opinions now, con-
sidering our conduct in relation 70 It's occupan-
cy by others-eonsidering all the circumstances Of
the ease-while our government is prepared to
its just rights let Il DC ready to treat the just claims OF
others with some respect, instead Of kicking people
out Of Oregon without negotiation. Are we to say,
in the face Of the world that we don't want to fight
about IL, that we don't want to neSotiatel Are we
to say, in the same breath, that we don't want
war, but that We must have the whole territory
Great Britain was there great many years before
we were there. We bought our title 10 il Ht time
Great Britain was there in possession, and exercs-
ing rights with our knowledge. With our knowl-
edge Yes, with our consent and appreciation. Is
that ineumbrance' In view Of these facts feel
sir, that il rejected negotiation, II claimed the
whole up TO $40 4O, would not be Just to myself
nor to my God. ] cannot do il. But probably
there will be some difficulty in settling the bounda-
ry Can any man say that thing is indisputable
that has been in dispute for years. Surely, when
our statesmen say that our tue is indsputable they
do not mean that il IL absolutely 80; they have too
much common sense for that. To suppose that
having got over all the difficulties Of international
law-havng eYpounded it to his own satsfse-
ton-hnying weighed the facts Of the case the gen.
tlemsn would then pronounce title indispulable
while he himself had negotiated on the subject
knowing il had been in dispute for years. Such 0
| aur IL TytrayaVant No sir N aavipp nuF
title is indsputabe the Secretary OF State only pro.
aounees his own Judgment, but declares his conyic-
lions ofthe cearness Of our title over that Of our adj
versarss will 90 that length with him. am as
ready to express my conviction Of the superiority OF
our title any one; but | would pause before az
fmng that to be ndisputabIe which even then was
in dispute. ! do not want to be put in that position
before the world. flour title $40 10 is so clear thai
there is question about it, hold that those who
think ought TO go for it, and take no less. But
do not think that was what had been said by the
Secretary of State, or others. in pronouncing Il un
| questionable. In doing so, they only meant to de-
clare their own convictions. have been charged
with inconsistency, by some warm friends of the
| President, for saying so; but say, no matter how
strong my own convictions are to the superiority
Of title, cannot say il is unquestionable in the
/ ullest sense of the term. The senator from lndi
ana, much more ably than could, bya long course
of argument sought TO prove tina, the title by dis
covery is good. Now, with him, I am willing tc
say it is; but must stop to ask, is il indsputable
might set myself up as an infalIible expounder o.
the law Of nations, AID at once bound all tn,
difficulties Of the case; but il il happened that upor
appealing to the world, our Interpretation of inter
national law should be disputei-that notwith
standing the strength of the convictions of the
ator and myself, we were passed oVer-what would i
matter how regarded our ritles To put my own
construction upon International law is very natural
but to insist upon and accordingly in the pres
ent case, would be to force my construction OF in
ternationai law upon the whole world But that is
not all; for so dogmatc am | that all Europe mus
bow to il. | argue for rights to the fulles
extent, as far as comprehend them; but while
do so, am compelled as man, as Christian, as
statesman to admit that these facts are subject tc
dispute. Let us see how we stand.
Mr.. g, then went on 10 say that there were Other
people besides those ofthe West prepared to fight i
necessary for the honor and interests of the coun
try; but he confessed that his principal relianc,
would be on the West, of course. He briefly recapit
uated the history of the diplomatic intercourse be-
tween the two countries relative to Oregon, for thu
purpose Of ahswing that the revolutionary patriots
the heroic sires whose spirit, and courage and un
compromising character the senator from Indian,
had so eloquently held up objects for the emula
ton of the men of the present generaton--had no.
| been so very unwilling to enter upon amcabe ne
gotiations in plying some rights on the part of Grea
Britain. What is the step proposed now, (asked
Mr.. c. that we, in 1886, are going to publish &c
the American people, that for the first time in thirty
years they have got wise and patriotic President
a wise and patriotic Congress, who know their
rights, and intend to maintain then,-that the Amer
lean people have now wise and patio,c men at the
head Of the government, and that the heart of the
country anxiously throbs for On opportunity to show
how willing we are to fight What will the people
sny' man died not long ago, who for eight years
presided over the distinies Of the nation and even
his enemies admitted that he had a heart that
never quaied-nerves, not one of which ever
faltered in the assertion Of American rights
never! Did he do this thing Under his admin
istra'ion were they not time and again at
tempting TO negotiate' Pass by every other
name, till you come TO his, shining so brightly on
the pages Of our history, and what American heart
will say, that had there not been some difficulty in
the way-some grave questions of international
law involved, the "hero of the Hermitage" never
would have assened to these negotiations But, oh
you must publish this 10 the world, that we are
more patriotic that our fathers Now all | want is
this go for our title sustain it, 80 far as it can
be sustained, and Ter that purpose am ready to
make the best argument in my power. But that is