The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-16

although IN the actual posboSSiOui SN~y PooseSSoh
being BY the consent Of the party holding the
title and which the tenant is not at liberty to dis
pute II is now for Great Britain to show her title.
We have made out primd tdcts case as against
her, and can recover on its strength, unless some
act has been done by US, or by one or all OF the
parties through whom we claim, TO defeat recov-
cry. Since this charter of 1909, and the treaty of
1853, Great Britain could put forth no valid preten'
son sir TO any part Of this continent West oithe Mis-
sssip1i, unless she can found 1t on some transac-
ton or treaty subsequent to those dates The COLI
cuson 10 rresistibe-there is no escape from It; she
has given up all the continent west OF that TIVeT,
and can claim nothing there, unless on the ground OF
some subsequent arrangement by which valid claim
has been acquired. And this sir, It ID pretended she
has acquired by the convention between Spain and
Great Britain signed at the Escurlal on the 18th oil
October, 1890 called the "Nootka convention"
This convention, allowing British subjects to make
settlements for uade with the Indians, without any
grant Of soil sovereignty, Is alleged changes the
position of the parties, and defeats our claim TO
recovery II remains TO be seen, Mr. President, II
this is soft the convention does secure 10 o. recog-
Mise in Great Britain such territorial aim as will
defeat our title
The language Of the convention, sir, speaks for
itself There Is not syllable In It, nor sentence,
which can be tortured TO convey the idea OF ces.
sion of soil and sovereignty, or OF recognition OF
territorial or national rights, as pre-exlsng IN Great
Britain. II secured simply, sir TO the subjects
of both Great Britain and Spain certain privileges
on that coast Look sir at the fourth article OF the
treaty Of 1863 for the terms nations use IN ceding
soil and sovereignty. They are far different from
those used in the Nootka convention. There are
words importing grants.
No terms OF grant or cession OF any sort being
found in the Nootka convention, II must be deemed,
like the convention which we are seeking TO annul
and abrogate, a mere international arrangement for
the purposes Of trade, which can have no influence
on the question Of sovereignty and uue. Great
Britain was seeking no national sovereignty or lu-
rsdlcton Oh that coast but protect the individual
property of her subj cts there, and trading prlvi-
eges, "for the purpose of carrying on their com
merce with the natives Of the country Of making
settlements there;n and these subject 10 many re-
strlctlons which Spain, as. the rghlul sovereign,
could alone impose.
II is difficult sir, to mlsunderstand the relative
position Of the two parties to the convenuon-Spaln
claiming to be the sovereign of the country, and
Great Britain simply STIMULATING for the protection
of the private rights of her subjects within it, for the
sole purpose Of trading with the Indians on the
Spanish coast; stpuations which would be lnno-
cent and admissible if applied this very day in
favor ola foreign power to the Atlantic coast Of the
United States. Such a grant would be perfectly
harmless, and would convey to such power no more,
and as much, sovereignty as was conveyed by the
Nootka convention.
Indeed sir, Great Britain, so late as the 10Th De-
cember, 1926, declared to our minister that she
claims no exclusive sovereignty any portion
of that territory her present claim, not 10 respect TO
any part but the whole is limited to right Of joint
occupancy in common with other States, leaving
the right Of exclusive dominion in allegiance" This,
II must be admitted, sir, is very vague and unde-
fined claim; the convention recognising only the
right of British subjects to trade with he natives
nd hat n
Great Britain admits, that whatever the title may
have BEEN "either the part of Great Britain, or
on the part Of Spain, prior TO the convention OF
1890 it was from thenceforward no longer to be
traced in vague narratives of discoveries several OF
them admitted be apocryphal, but in the text and
stipulatons Of that convention itself" Why, 1t may
be asked make such convention with Spain, If she
had no right Of soil or sovereignty there's if she WINS
not entitled on British principles Of public law, TO the
full benefit of ui her disco veries andsettcrenfr on
that coast which she was at so much pains and ex.
pense to make, through an organized department OF
her government established for that express purpose
Great Britain, up that time, sir, had never sent
out single ship for any such purpose. Drake
was pirate, and navgated the seas for plumber,
and instead Of halter, received from his sovereign
knighthood. Cook sent to discover the much
wished-for western passage TO China, and had stric
orders not to take possession Of any part of the
coast already discovered or visited by any Euro
pean power. In uninhabled countries he was tc
erect the proper symbols of possession. He made
no discoveries sir, which had not been made years
before by Spanish navgators, except, perhaps
the Icy cape Perez was in Nootka sound in TIA
and Bodega Quadra in ITS, had named noun
tain under the parallel of Mount San Jacnfo which
Cook saw in ITS, and called Mount Edgecomb
And it may be asked, sir, whose right of "excu
sive dominion" over this country thus "to re
main in abeyance2' Did Spain, by that convention
Il. IL. IL
convention existed, her exclusive sovereignty an,
jurisdiction over the country, up to the 6lst degree
Of north latitude which she had repeatedly ASSERTED
and insisted on before the powers of Europe, ant
not questioned by them should not be exercised al
to the subjects of Great Britain
This, Mr.. President, appears to me to be the tru'
meaning and spirit of the convention of Nootka
Great Britain did not claim the sovereignty; thu
treaty. was not made to convey the sovereignty;
was to re-establish British subjects in the pos
session of such Glands buildings, vessels, and mer
chandse and other property" Of which, 1t wa
alleged, they had been forcbly dispossessed; cor,
in default thereof, "a just compensation" to b.
made to them for the losses which they had sus
tained.n Neither the message Of the king, sir no
the discussions in Parliament, nor the language o
the diplomatic correspondence, nor the words Of tn
treaty itself, make the least allusion to claim o
sovereignty by Great Britain nor to direct denia
Of such sovereignty as existing in Spain. The de
bates in Parliament, sir, which ensued this conven
tion will be in vain appealed to as furnishing an.
evidence that it was the understanding of an.
British statesman Of that day, who took part in tn
discussion, that any territorial rights, jurisdiction
or sovereignty, were acquired byit. Besides, Sill
whatever it may be, it was extorted from Spar
whilst under moral duress She was not in a con
dtion to resist any demand Great Britain, in he
arrogant spirit, might choose to make It was al
exortion which shocked the moral sense Of nations
One of the most distinguished British historians, i
commenting upon this transaction, so derogatory t
the fame Of great and proud nation, says:
"By the treaty ofl76s the river Mississippi Sowing ro
north to south In direct Of fifteen hundred mile
made the perpetual boundary OF the two empires an
the whole country to the west Of that vast river belonged
his Catholic majesty By just raiida tsnur as me couh
.osfrard Of me river 10 The King Of England Exclusive
the recent decisive line OF demarcaton by which III
relative political rights Of both nations were clearly
the Spanish court referred to ancient treaties
which the rights ofthe Of Spain were acknowledge
| in their tuH sItent by Great Britain
After commenting on the offer of Spain to reft
the matter to any crowned head in Europe, whc
Great Britain refused, and the proceedings of tn
| king and Parliament he says:
mo assistance being had from France, spain yielding
necessity complied with the harsh demands for resttutio
and ndnmnIfcaon; ana at length on the 18th of Octobe
1870 convention was signed at the Escural by which
ery point IN dispute was conceded by Spain The sett
men Of Nootka was restored free navigation and right
fishing in the southern Pacific confirmed TO Brita
| =, r. tI.-, a