The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-29

accordingly appointed by eaeh power, who executed the
supulatons Of the treaty in establishing the boundaries
proposed by H. They fixed the northern boundary of
ada and Louisiana by line beginning the Atlantic
cape PrOmonoy in os degrees 80 minutes north lat
farther southwest to the latitude Of 4s dsgreesnorh from
the equator. and along that line IsprFNIrrIr"
: "During the negotiations" Mr.. Greenhow in
8 forms u.s. "between the United States and Great
Britain, attempt was made on the part of the lat
power controvert the assertions Of the Ameri-
cans respecting the supposed boundary line" In the
treaty which was negotiated and approved by the
executives Of both nations in 1907 but which, in
consequence of the outrage committed on the Amer
lean rgate Chesapeake, together with the change in
the British ministry, not ratified the 49h par
IaIlel was adopted as the line east Of the Rocky
mountains as il IN the final adjustment Of the
boundary between the two countries, east Of those
} mountains.
Il would seem, considering the character Of the
Question the length Of Time which has elapsed, and
the apparent admission by the the two nations that
the line was run in pursuance of the 10Th article OF
the treaty of Utrecht that II may be taken
coded fact II so, there is an end TO all difficulty
about this matter and the 18th degreee is already the
boundary fixed by treaty But, for the purposes ofmy
present argument, Il Is not necessary TO establish
this; and hence go into no detail, and express
positive opinion lf is debatable question for this
argument il is enough. For Il will establish the
point for which shall hereafter contend viz: that il
, is subject fit to be settled by negotiation. IL may
excite surprise this view Of the subject in most
important and interesting one that IL has not been
referred to by the negotators. But the reason is
plain. Each party claimed more territory than this
. line would give them, and hence neither would
claim under IL. But, whatever doubt there may be
on this point, there be that the treaty Of
Louisiana conferred upon the title 10 the terri
tory as far west the Rocky mountains, and thus
conferred upon us one Of the best grounds of our
title to Oregon eontigtity.
By the treaty of Florida, ratified in lsl9 between
the United SIstes and SpaIn "his Catholic majesty
'cedtd 10 the United States all his rights Claims, and
prstrnsOns' 10 the country lying west ofth Rocky
mountains, and north Of line drawn on the Add
parallel OF latitude, from a point on the south bank
Of the Arkansas, in that parallel, TO the South sea,
that is, to the whole region claimed by Spain west
} of those mountains, and north Of that line"
BY this treaty we succeeded to all the rights Of
Spain on the Pacific north Of the 42o-the extent Of
which we have already in part seen. The only
treaty upon which England POUNDS any claim to the
territory in dispute, that with Spain in $780, COM
monty called the Nootka-sound convention, the orr
GIN and, extent, the character Of which we
have already seen. The only portions Of that con-
vention pertinent TO the present discussion will be
found in the Sd and 9Th articles They are as fol-
lows:
"ARr g. In order strengthen the bonds OF friendship
and to preserve future perfect harmony and good
a their S SSs S o Ss
moes,ed either in navgang or carrying on their h,he
the those in places not already occupied
the purpose ofcarrying their commerce with the
tives Of the country OF making settlements there
whole subject nevertheless to the restrictions specified in
the three following articles" The material one OF which
is
"ARr s. As well in the places which to be restored
the British subjects by virtue Of the first article as in all
other parts Of the coasts Of North America
othe islands adjacent situate to the north OF the parts Of
the said coast already occupied by Spain wherever the
ments since the month Of April 1850, shall hereafter
the subjects Of the other shall have free access
and shall carry their trade without disturbance
Imolestston"
About the proper construction of this treaty, and
the fact whether it is now in force, Great Britain
and the United States widely differ We contend
that it was transient in its very nature; that 1t con-
ferred upon Great Britain no right but that of
lly trading with the Indians whilst the country
should remain unsettled, and making the necessary
establishments for that purpose; that il did not in
terfere with the ultimate sovereignty Of Spain
the territory; and above all, that it annulled by
the war between Spain and Great Britain in 1876,
and has never been renewed by the parties,
On the other hand, Great Britain contends that
1.-THE treaty of 1900 embraced in fact variety of objects
partook in of its stipulaons OF the nature Of
msrca convention IN other respects must be consider
ed acknowledgment ofexisting righs-an admission
Of certain principles of international law not to be revoked
the pleasure OF either party to be set aside by
ton Of friendly relations between them
been considered IS can eed in consequence Of the war
which bsequently took place between the contracting
I'd on the qsh August sia il was declared that All the
les OF which subsistcd between the
the latter point of view the restoration of of
peace OF itself sufficient restore the admissions
aned in the convention 1870 to their full original force
und vigor"
In reply, our plenipotentiary insists that the
venon cannot be considered us an acknowledge
i ment of existing rights, admission of certain
principles of international law not TO be Set aside
by cessation Of friendly relations between the par
ties; and he shows most conclusvely that the treaty
of 2ath August, 1914, applied only to Spain, and
not to her colonies. This is shown, not only by
the words Of the treaty ITSELF but by the construc-
! ton lately put on il by England herself
9 do not mean, Mr.. Chairman, for the reasons
already given, to argue these questions That has al
. ready been done in the most mastery manner by
. our negotiator. 1 mean only to state them. But
before dismssng for the present the consideration
Q ofthe effect of the Nootka Sound convention, there
is fact desire to mention, and u.s. that is not
+ denied that under it, Great Britain, who insists that
4 it is still in force, has right colonize the
G try in dispute This, however, will be referred TO
more particularly hereafter
o desire now, Mr.. Chairman, to call the attention
Of the committee to the concessions and admissions
which have been made by the United States and
Great Britain, relative to this country, in their ne
4 gotiations with each other.
In the negotiations which preceded the conven-
ton Of 18lS the United States offered the 18th par
allel which Great Britain rejected and she offered
the parallel until it ntersected the northeast
y ernmost branch Of the Columbia river, thence down
"
taking the country north and west Of that line and
the United States that south and east of it, which
the United States rejected. These negotiations ter
minated in the convention Of the goth Of October,
d 1873 the Sd article of which is in these Words
at agreed that any country that may be claimed by
party the northwest coast Of America westward
of the Stony mountains shall together with its harbors
bays and creeks and the navigation Of all rivers within
the be free and open for the term OF ten years from
the of the signature Of the present convention to the
vessels citizens and subjects oil the two powers it being
understood that this agreement not 70 be construed
the prejudice of any claim which either of the two high
contracting parties may have to any part of the said conn
try; nor shall IL be affect the claims of any other
power any part of the said country; the only
object of the high contracting parties in that respect being
disputes and differences amongst themselves"
In this connexion il is proper to state that, in the
i negotiations which preceded it, the English minis
IS ter admitted the right Of the United States under
the treaty of Ghent to be restored to the possession
l., of Astoria which had been taken by the British in
a the late war. And Mr.. Rush says that "Lord Cas-
e tlereagh admitted in the most ample extent, our
right to be reinsa,ed and to be the party in posses
IL Il. 4 tbn t1o