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

hoSlecuhS 10 40 So SIR hese lnferences are Idr anu
rational. lst That Great Britain no longer consid-
cred it in existence binding upon her; otherwise
she could not have violated her obligations TO Spain,
by covering the same ground in treaty with anoth-
er power. I'd. That, by transferring her obligations
from Spain to the United States, Great Britain
thereby acknowledged light in the United States,
independently of Spain as existing in virtue of our
well-knoWn prior discovery, exploration, and settle
ment. This convention of Nootka, supposed by
Great Britain in 1873 to be extinct and not alluded
to, was made an element in the controversy, by our
own minister in 1924 who brought it forward UNI
der instructions from this government.
Thus forbearing, sir, in 1873 to present her
claims under the Nootka convention, Great Britain
can now repose on no other right than that gratuI-
tously without any equivalent whatever, granted to
her subjects by the convention with Of that year
and indefinitely continued by the convention of the
9th Of August, 1927; for by the conclusion of the
former treaty, she considered and treated that of
1890 with Spain a Dullity, and thus regarding it,
IL follows, as necessary and inevitable consequence
that by her acknowledgment the party In
possession the right c'Op1signiy resided in the United
States.
Should it be necessary, Mr.. President, to adduce
strong eircumstantinl proof Of the conscious want
Of claim Of Great Britain to any part of the north
west coast south of $40 40, derived from whatever
source she may now choose to select it may be found
sir, in the most solemn and imposing form. By
the convention between the United States and Rus
STA, made the 18th Of April, 1924, It was
agreed that she should make no settlement south
Of $40 40 north latitude, and we none north Of
that parallel. Ii is a fact, in the history of that
Transaction that it was contemplated 10 have, at
that time, a Joint convention between England
Russia and the United States; but after the annun-
citation by President Monroe, Of the non-colon-
Lation principle, in regard to this continent, ii
was abandoned, and separate conventions were
framed. Great Britain being thus aware SIR Of this
nj het and Ruaaa and wishing n
secure the sovereignty and possession Of part Of
that coast, entered into negotiations with Russia for
that object; and by the convention of the 18th Of
February, 1895, more than ten months after the
date of the convention between the United States
and Russia, Great Britain accepted a stipulation re-
strctIng her TO the coast lying between $40 4V and
$50 of north latitude. IT. thus accepting, sir this
striction on the south, either Great Britain tacy
renquished any pretenslons TO interfere with the
territory of the United States, the Russian gov
eminent undertook to prevent such interference $50
far she could do 1t by treaty. with the rights Of
the United States recently acknowledged by her
self, under the soemnlty of treaty forms. The
former to be presumed sir, rather than the latter
and magnanimous spirit would attribute such ac-
acknowledgement by the British government to con-
scousness Of the superior title of the United States
10 that territory above all other nations, having
then the entire Spanish title rather than to the tame
submission of nation possessing a power more
glory.
1t may be said sir, that the arrangement between
Great Britain and Russia did not affect any conflict
ing claims between Great Britain and the United
States to any territory south Of $40 4O but the
ysIue of this suggestion will be properly apprecla-
ted sir, when it is considered that in the negotia.
tons between the United States and Russia no no.
tce was taken by either party Of any claim what.
ever Of Great Britain to any part Of that territory;
which, 1t is not to be supposed would have been the
case, had any knoon, oelt.toundsd claim the part
Of Great Britain existed. A nation Of her power
would scarcely have been treated with 80 much in
difference, not to say disregard, by the other con-
tracing parties.
Moreover, sir, had Great Britain considered her
self in 1894 possessing any right the terri
tory south of $40 4U, or had she considered her
self having "a claim not in respect to any part
but to the whole limited to a right of JOINT occu-
pancy in oih other states leaving the right
Of dominion in allegiance" it is not to be imagined
as observed by the present distinguished envoy OF
Great Britain to government, lin speaking of the
pretensons of Spain TO the same territory,) that
Great Britain "wouId have passvely submitted to
see the contendlng claims of Russia and the Uni.
ted States to portion of that territory the subject
of formal diplomatic transactions between those two
nationsn
1t was important sir, to the interests Of the Uni
ted States that arrangement of this kind should
be made with Russia after we had succeeded to the
title of Spain, as Russia had eight establishments
on that coast of very considerable antiquity at SO
and 50 degrees north latitude composed of several
hundred individuals, and, on the principles of con-
tlguity and continuity, might well have claimed a
more southern boundary; and she was the only
power whose pretensons we might have found
difficult to resist, being coterminous with in our
extension north the same principle Of continuity;
for it is admitted sir, all sides, that the claim of
Spain to Nootka at 49o go is good, by virtue of
her settlement there made in 1889. Russia, then,
extending south from $50, and the United States,
under Spain, north from Nootka, would bring the
line very near the parallel Of $40 49, which these
parties did in fact establish.
Believing Mr.. President, the grounds set forth
to be conclusive of the title of the United States to
the territory in question from latitude 400 to SAC
40 north, do not deem 1t necessary to enter into
a discussion of many considerations pertaining to
the which have been brought to view by
the able efforts of distinguished diplomatists It
may, however, sir, not be inappropriate, in close
connection with this subject, and as having favor
able bearing upon our title, to notice the just re-
| marks Of Lord Bathurst, in his communication tc
our Secretary of State of the 3Oth of October 1915
| discussions being then pending to the effect and
operation of the treaty of Client, but short time
previously concluded:
"twi not be denied -" he said that the main object o
tho treaty of was mutual restoration of all terri
tory taken by either party from the other during the war
As necessary consequence of such stipulation, each
party reverted their boundaries before the war with
out reference the title by which those possessions
eequired or the mode in which their boundaries hat
previously fixed In point Of fact the United State
before acquired possession Of territories asserted TO de
pend other title than those which Great Britain coulc
confer"
| Again he says
"is Justly stated by the Anne rican minister that the
United States did not need grant of the boundary
line. The did arise out Of contested boundary
and Britain therefore, by the act Of treating with thu
United States that nation its former
excepting far the jus be had interered with them
and the object Of the treaty Of Client to cede sucl
rights to territory the jus behi had conferred"
These remarks, sir, applied to the condition o
the question concerning the territory Of Oregon viii
be to have peculiar and powerful force.
The jus beiii, sir, had given to Great Britain thu
American settlement of Astoria at the mouth Of the
Columbia river-the symbol of our sovereignty ant
title there-the rightful possession of which hat
been acquired by previously, and rested on 10th
er titles than those which Great Britain could con
fer" The main object of the treaty of Client was
"thc mutual restoration Of all territory taken b,
either party from the other during the war The
United States claimed title to the whole territory II
virtue Of discovery, exploration and settlement, II
their own right, and Ly cessIon from France; and
"wlthout reference to the title by which 1t was &C