The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-05


A.s.use sbs POSSESSES nights by virtue OF her dis
sove,y OF Fxiers river, and hsr possessions there
,S,hs same manner an VIC have rights by our dis.
ss,ery Of the Columbia river, and our possessions
u Ts,o 10 override the nights Of England upon
r,azjeIis river, we have the Spanish Title. This
ads Being older 10 point Of time, the northwest
cans, Of this continent having frst been discovered
Sv ths paaiards themselves, and we having obtained
ia tfls we are older in point OF ume and conse-
n,ndy our TIDE is superior 10 that OF Great Britain
We hold the tile OF spain, IL is trusi bu, when
"a ,ook that tie from Spain how was the casef
Ne look IL charged with all the conditions, with all
he encumbrnnees that Spain, by her own act, had
apo.od on that tile before she parted with H. II
M owner 10 Zee OF land execute mortgage upon
raj land and then sell il TO another how does that
0Iher take the lel lie takes Il subject TO this the
40 v,ons ael Of The prior owner--subjeci 10 the
rmb,anees he has voluntarily imposed upon IL.
THUS aid We take the title Of Spain; and before We
,ly upon our Spanish title 10 override the title OF
Eoeland on the Frazisrs river, we must look 10 sec
What condidon., what snea% s rested upon
This brought him 10 the Nootka Sound eonyen-
don 4, was said that the Nootka Sound convea-
Ion vss Abolished or abrogated by the subsequent
VA. M 1885 between England Spain. This was a
orooosiiloo which struck him as very remarkable
nd novel one. Treaties, II no understood them
right. may 30 fulhllsd perfectly and completely on
M he mishs &c allowed ths dshnliion) seninans in
MI Character thai s, TO be fulfilled from lime %
sm. A Il the case for instancs, with commercial
,..lss OF they may partake OF both these charae-
are as theynsy make grants OF lands In one clause
.bIeh Will nks effect Immediately, and they may
make commercial regaanon. IN sno,her clause,
which regulations viii continue 10 be fulh led iron,
i'm. 10 time But under treaty Of the fret class
a.n,d IN II ives clear, iniispulable. vested right
a., vas conveyed, he asked II a subsequent war
Ls,V,,,n the two nations Invested that vested IghR
N 80 we should be az aid, or the gentleman from
Missouri should be ahad, how we ever went 10 war
with r. anee; Tor the moment OF the dec aration Of
war he woald become French subject; II 80, he
fNr. DO should trsmi,le ever 10 90 TO war with
sa,in l,r The moment ths .deelarsIian at war
pas.ed he should Jeeoms a subject 81 the Spa,ish
crown But they saw AZ once mat such propoai
ton was absurd u was, then, for them 10 inquire
nto the character Of this Nootka 'und treaty, and
Il It's 8 artirs DID not laysal ~ eagand ryh'a
which a SUBSEQUENT war could not diyest
Mr.. d. read the 81 article % the convention OF
| Nooka sound between Great Britain and Spain, oil
October %, 1880, as follows
Art g. In order 10 sirengihen the bonds Of friendship
and 70 preserve hs,uw perfect harmony and good I'M
agreed thai respective subjects shall not be disturbed
o. Rols..ed either in na.igslipg o. carving on helr
sdng on Of those in places not already
ocrupsd ihs purpose Of carrying on their eomnerer
Ssrs .ss so sus,set nsserS.isss 70 The rseons
Ip,rlhsd In the three following srtieiss"
The right Of "msking settlements" Mark that.
What then, he asked, had Invested England Of that
right under that convention And why was not the
sosnish itle now, as il was IN l790, charged with
the sucumbrance with the condition Of giving Eng.
land the right TO make settle mems In the Oregon ter
ri,ory where she plesseR England had the right
under this convention 10 60 and plant colonies in
that territory. 10 the exercise OF tbis night, her
eIIiz.ns have gone there and erected their houses,
and made their homes. When were they bound to
departl When were they bound to abandon their
. homes and to give up the territory in which they
have made settlements' When they had made
Hsettlements," and consecrated the soil their
home, without any limitations or restrictions on
thsir righs, on what principle Of justice or Of law
could hey be compelled to abandon their homes
and surrender the territoryi .....
Unless then, the treaty did limit this right Of set
tsmrn, the English have the right under the treaty
Of 1890, to make their homes in the Oregon terri
tory, and to FIX there their permanent residences,
and no power on earth, under the treaty, could
dspossess them Of that right But the gentlemen
from Indiana [Mr. OwIsl concluded that there
was a restriction on this article contained in the
s,h article Of the treaty. Now, II this restrictive
clause has not taken away the right secured TO
English subjects under The 81 article, then we ac-
,,,.d IL. til. ar Sosir sub~ci IN ali the rondons
VIZ y; ~ 49, - ~fIl II -yl - 4. - ~ :.
sno eneumorancs, sag nsu msue uPon u uhoer 'n's
treaty.. He would now call the attention Of the
committee TO these restrictions. he would attempt
10 give them the correct construction; and II there
were any gentlemen OF the bar who listened to him,
who would read thus treaty with parhcuariy AFTER
wares, no honestly believed they would say that
The construction which ne placed upon TINS treaty
was the correct one, ana that ms posil,on was un-
answerabie Inns right under Inc lhird arucle, was
subject 10 the following restrictions. .....
Mr. D. read the 4th article OF the treaty as
follows: -. = .rgs... ......
Art His Britannia Haje.y engages to take the most
AZ N. sac,' y, M P.c .an 81 IN th. s,h .sas
from being made pre,ext for illicit tads with the spanish
settlements aud With ihi. view, 1t is moreover expressly
Stipulated tina, British subjects shall not navigate or carry
s"e. tn NV n.r Of he sos..s aI,ssdY occunied h%
SPAIN = - - -
That WAS the first res,riesos. Did that res,rc.
ton 20 to NEGATIVE Inc right on the mart of English
subjects IN make se,rlemens where ,be land was not
previously occupiedp II did not. - - -. .
Now, he 9th article is supposed to control the
"a, and Ito take away This Clear and vested right.
But the consrucon out uon il is entirely differ.
.nt. Il is in these words. =. ....' -. = I...a
49, - :. - 49,, -,