Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1846-02-19
IConiiaued from first page. !

agreed on rs that between them and ircst
Britain, from the Lake OF the Woods 10 the
Stony Mountains, should be extended TO the |
Pacific. To this DIVISION Of the territosy
Great British would not acced.; and the
provision for a joint occupancy during
the next ensuing years was substituted
A clause was inserted that the agreement
should not be- taken to effect the claims
of any other Power Of State Ia any psr'
of the country west Of ,h" STONY Noun
tsins. This provision clearly referred To The
claims Of Russia and Spain. The noiihern
aud southern boundaries Of the country. !
which the two contracting parties might
claim. were left underlined Grent Buuain
probably though, herself bound by The Nootsa
convention to respect the Spanish claims Ia
the extent provided by that instrument the
United States could no, but recognise those
derived from discovery. with which they
were nj that time bot ,mpcrlectly acquainted,
since their own clni,ns were IN great de-
gree derived from a slnIlar source. But the
convention decisively proves tha, the United
States did not acquIcscc in the antiqnatcd
claim Of Spain to The absolute aud exclusive
sovereignty Of the whole country; since, II
they had recognised that prior claim Ia the
whole, they could have had none whatever
TO any portion of 1t.
II is therefore undcniable that the assertion
of the Spanish claim of absolute sovereignty
cannot be sustained by a presumed acqnics
cence on the part of the only nations winch
now clam the country. II may perhaps be-
snid that their oppuslion cnine too late, ard
that they neglected. too long to protest n.
gainst the Spanish pre,cnsion on the Pacific
No stress will be laid on Drak.'s Voyage,
which had wnrlIkc character. Bat the
British charters 10 their colonies show that
those pretensIons were disrcgardcd at very
carly date. There whs no occasion for OPP
position or direct denial. with respect to the
Pacific, until the attention of other nations
wus directed towards that remote county,
This was neglected because all the com.
merclal nations were, in their attempts To
colonlse, or to conquer, iorei On and tlll then
UNEMPLOYED regions, attracted by countries
far more accessible, and were exclusively
engaged in pursuits much more important
The East Indies and the West India Islands
offered a vast aud lucrative field for CON.
mercial enterprise and territorial acquisition.
With respect to the continent of America,
France England, aud Holland mos, naturally
planted their colonies on the nearest op-
pusi,e shores of the Atlantic snd they did
II in opposition to the pretended claim Of
merica. Although sircnuously engaged in
extending those colonies wcs,wafdly, these.
IN the year 1854, twenty years only before
Couk's thlrd voyHge, hardly extended be-
yond the Mississippi. What immediate in
terest conld then have impelled either France
or England 10 enter a formal protest against
the ani,quatcd claim Of Spain 10 a country
with which they had never attempted even
to trade And what opportunity had occur
red lur doing II prior Ia Cooks voyage.
But, what is still more conclusive, the
country IN question, was equally neglected
by Spain herself. Some exploring voyages,
irw OF which are authentic, were indeed
made by Spanish Davlga'ors: and tho claims
which may be derived from their discoveries
have now been transferred To the United
States, so far ne discovery alone can give u
CLAIM, and no in'her. But. during more thnn
two centuries ,ha, Spain had no competitor
on the Pacific, there was on her part no oc-
cupancy, no settlement, or attempt TO make a
settlement. She had some nlssIous on the
western coast oi the peninsula OF California
bot her missions or settlements IN Northern
or New California are Of quite recent date
Tint uf the most southern (San Dlego) III
ITl6, and that of the most northern (SEn
Fraucisco) in i776, two years only before
Cocks arrival at NuO,ka Sound.
In point of fact, the contested territory had
been utterly neglected by Spain. a Ia"
energies, such rs they were, Of her Mexican
rolcn!ee were much more aavanlageoosly
applied to the Improvement OF The vast and
rich counties which they had conquered
principally to the discovery and working o'
The richest and mos, productive mines oil tht
precious metals as yet known.
Ans0us expedition wns purely military
aud confined 20 southern letliudcs. But the
narrative drew the public attention towards
the Pnc,fic ocean, ond gave new impulse
to the spirlt Of discovery. Almost llnme.
dla,ely after The peace OF i7G3. voyages were
undertaken for that purpose by the Govern
mcnts OF England & France {: the PncIhc wns
explored The Rnsslans Oh The other hant
hnd, more than thirty years before, ascertain
ed the continuity oi The American contncn
from Behring's S,rai,s To ilount 81. Elias. !
was then, end not ull then, that Spain, Ol
rather the Mexican Government, awak"uin.
from liz bong le'hargv, extended rs misslon
10 New California. In the year ia, Perez
with his pilot, Martinez, sailed AS tar nurll
MS the northern extremity OF Queen Char
lottc's Island. having anchored IN Noo'k;
Sound, and, as Mar,ncz asserts, perceived
the entrance Of Fuca's Straits. New and i'm
portsnt discoveries were made by Qnadri
aud Hccc,n ~ the yeaf i775. The sequel u
well known
But on what foundation did the claim o
Spain res, /? II she had indeed an absolute
right to the whole conntty bordering on The
Pacifc, derived either from natural or inter
national law, or from usayes generally recog
nlsed. IT matters but litle, "a respects right
whether o,her nations had acqulesced IN, oI
opposed, her claim. II there was no iounda
tlon 10. thut absolute mud exclusive right o
sovereignty, Spain could transfer noth'n!
more to the United States than The iegn'
mate claims derived from her discoveries.
The discovery gives an inc,p'ent clan no
only TO the idcnucal spot thns discovered
but certain distance beyond u. II has beef
rdm,ted that the cloia extends generally
though moi universally, ns for inland as III.
source Of rivers cmptying into tho sca where
,l, dr,royery mas been made. Tho distance
10 which the right or claim extends along tn
sea rhure may not bc precisely defined, an'
may vary according to circumstances Bu
il never can be unlimited; II has never bee
recognised beyond reasonbe extent
Svn,n was III. first European nation whc
a. .,,,v,,.d mad nccupied Florida. A CLAIM