The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1846-01-31

| iHeTc acknowledgement OF simple ano
elementary principles consccrated BY
the laws of nations. In all its provi
sions it is expressly confined to Great
Britain and Spain, and acknowledges
no right whatever in any third power
to interfere with the north bwest coast Of
America.
Neither in its terms nor in its es.
sence does the Nootka Sound Conven-
ton contain any acknowledgment oI
previously subsisting territorial rights
in Great Britain, or any other nation.
tits strictly confined to future engage.
ments; and these are ofa most peculiar
character. Even under the construc.
ton Of its provisions maintained by
Great Britain, her claim does not ex.
tend to plant colonies; which she would
have right to do under the law ol
nations, had the country been unap.
propriated; but it is limited to mere
right OF joint occupancy, not in respect
to any part, but to the whole, the SOW
ereignty remaining in abeyance. And
to what kind Of occupancy? Not sep
arate and distinct colonies, but scatter.
ed settlements intermingled with each
other, over the whole surface of the
territory, for the single purpose oftrad-
ing with the Indians, to all of which the
subjects of each power should have
free access. the right of exclusive do.
minion remaining suspended. Surely,
it cannot be successfully contended
that such treaty is ian admission Of
certain principles ofinternational law"
SO sacred and so perpetual in their ma
ture as not to be annulled by war;
On the contrary, from the character OF
its provisions, it cannot be supposed
for single moment that it was intend
ed for any purpose but that of mere
temporary arrangement between Great
Britain and Spain. The law ofnations
recognise no such principles in regard
to unappropriated territory as those
embraced in this treaty; and the Brit
isb plenipotentiary must fail IN the at
tempt to prove that it contains Gan ad-
mission Of certain principles ofinterna-
tional law which will survive the shock
of war. '% .i
But the British plenipotentiary con-
tends, that, from the silence Of Spain
during the negotiations ofl818 between
Great Britain and the United States
respecting the Oregon .territory.as well
as "from her silence with respect to
the continued occupation by the Brit
ish OF their settlements in the Columbia
territory, subsequently to the conven-
ton of 1874" it may fairly "be inferred
that Spain considered the stipuIations
of the Nootka Convention, and the
principles therein laid down. to be still
in lorce."
The undersigned cannot imagine
case where the obligations of a treaty,
once extinguished by war, can be re-
vived without a positive agreement to
this effect between the parties. Even
if both parties, after the conclusion of
peace, should perform positive and un.
equivocal acts in accordance with its
provisions, these must be construed as
merely voluntary, to be discontinued
by either at pleasure. But in the pres
ent case it is not even pretended that
Spain performed any act in accordance
with the convention of Nootka Sound,
after her treaty with Great Britain Of
1914. Her mere silence is relied upon
to revive that convention.
The undersigned asserts confidently,
that neither by public nor private law
will the mere silence of one party,
whilst another is encroaching upon his
rights, even if he had knowledge of this
encroachment, deprive him Of these
rights. lfthis principle be correct, as
applied to individuals, i, holds with
much greater force in regard to nations.
The feeble may not be in condition to
complain against the powerful; and
thus the encroachment of the strong
would convert itself into perfect title |
against the weak. ''.'-' i a.'
In the present case, it was scarcely |
possible for Spain even to have learn
ed the, tendency Of negotiations be.
tween the United States and Great
Britain, in relation to the northwest
coast ofAmerica, before she had ceded |
Ill her rights on that coast to the for
ner by the Florida treaty Of 22d Feb
'uary, 1919. The convention of Joint
occupation between the United States
ind Great Britain was not signed in
london till the Goth October, 1918, but
our months previous TO the date OF the
florida treaty; and the ratifcations
we're not exchanged, and the cohven-
ion published, until the 3Oth Of Janu-
ry, 1919. 81, + 3.lo3g 5H
Besides, the negotiations which ter