The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-04-28

sion OF soil and sovereignty, or OF recognitlon o.
territorial or national rights, as ~ Grea
Britain. II secured simply, SIR, 10 the subjects o.
both Great Britain and Spain certain privileges on
that coast Look, sir, at the fourth article Vi the
treaty OF 1868 tor the terms nations use IN cedng
soil and sovereignty. They are far different from
those used in the Nootka convention. There are
words importing grants.
No terms ct grant or cessi0n OF any sort being
found in the Nootka convention II must be deemed,
like the convention we are seeking to annul and abb
rogate, mere international arrangement tor the
purposes of trade, which can have no influence on
the question OF sovereignty and TITLE Great Britain
was seeking national sovereignty or jurisdiction
on that coast but to protect the individual property
of her subjects there, and trading privileges, TOR
the purpose OF carrying on their commerce with the
natives of the country, or OF making settlements
there y and these subject to many restrictions,
which Spain, as the rghful sovereign, could alone
impose.
II is difficult sir, to misunderstood the relative
position OF the two parties TO the conventon-Spai1
Great Britain simply spulanng tor the protection OF
the private rights OF her subjects within it, tor the
sole purpose of trading with the Indians on the
Spanish coast; stpulations which would be lnno-
cent and admissible if applied this very day In favor
of foreign power to the Atlantic coast OF the UNI
ted States. Such grant would be perfectly HARM
less, and would convey to such power no more, and
as much, sovereignty as was conveyed by the Moot
ka convention.
Indeed, SIR Great Britain, 30 late as the 10th De-
cember, 1896 declared to our Minister that she
"clalms no exclusive sovereignty over any portion
OF that territory her present clalm not IN 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 abeyance" This,
It must be admitted, sir, Is very vague and unde-
fined claim the convention recognising only the
right OF British subjects to trade with the natives
only, and even that subject to restrictions. Yet
Great Britain admits, that whatever the title may
have been, "ether on the part Of Great Britain,
the part OF Spain, prior to the convention OF $780,
it was from thencetorward no longer to be traced
in vague narratives OF discoveries, several OF them
admitted to be apocrypha, but in the text and stpu
lations Of that convention ITSELF" Why, 1t may be
asked, make such a convention with Spain, If she
had right of soil or sovereignty there she was
not entitled, British principles OF public law, to
the full benefit Of all her discoveries and settlements
on that coast, which she was at so much pains and
expense to make, through an organized department
OF her government established for that express pur
pose Great Britain, up to that tlme sir, had never
sent out single ship for any such purpose. Drake
was pirate, and navigated the seas tor plumber,
and instead of halter, received from his sovereign
knighthood. Cook was sent to discover the much
wishedfor western passage to China, and had strict
orders not to take possession Of any part OF the coast
already discovered or visited by any European
power. In uninhabtted countries he was to erect
The proper symbols OF possession. He made no dis
coveres, sir, which had not been made years before
by Spanish navlgaiors, except, perhaps, the Icy
Cape. Perez was In Nootka Sound In lH4, and
Bodepa Quadra in IT'S had named a mountain
under the parallel of 81 deg. Mount Sun Jacinto
which Cook saw in ITS, and called Mount Edge.
comb. And it may be asked, sir, whose right Of
Exclusive dominion" over this country was thus
"to remain in allegiance Z" Did Spain, by that con-
vention, agree to any thing more than this, that
whilst the convention existed, her exclusive sove-
regnty and jurisdiction over the country, up to the
6lst degree OF north latitude which she had repeat
eddy asserted and insisted before the powers OF
Europe, and not questioned by them, should not be
exercised as to the subjects OF Great Britain
This, Mr.. President, appears to me to be the true
meaning and spirit Of the convention OF Noolka.
Great Britain did not claim the sovereignty the
treaty was not made to convey the sovereignty: II
was to re-estabsh British subjects in the
Of such Glands, buildings, vessels, and merchan-
they had been torclbly dispossessed "or," IN de-
fault thereof, :" a just compensation to be made e
them " for the losses which they had sustained"
Neither the message Of the King. sir, nor the dis
cussions in Parliament, nor the language OF the d..
pomatc correspondence, nor the words OF the treaty
itself, make the least alusion to claim OF sove.
regnty by Great Britain, nor to direct denial OF
such sovereignty as existing In Spain. The debates
in Parliament, sir, which ensued this convention,
will be IN vain appealed to, as furnishing any EVIL
dence that il was the understanding of any British
statesman OF that day, whoitook part in the discus.
sion, that any territorial rights, jurisdiction, or sove.
reignty, were acquired by it. Besides, sir, what
ever it may be, It was extorted from Spain whilst
under moral duress. she was not in q condition
to resist any demand Great Britain In her arrogant
spirit, might choose to make. 1t was an extortion
the most distinguished British historians, in CON-
mentng upon this transaction, 80 derogatory to the
tame Of great and proud nation, says:
"By the treaty OF 1868, the river Mississippi,
flowing from north to south, in direct course OF
fifteen hundred miles, was made the perpetual
boundary OF the two empires; and the whole coun-
try to the west of that vast river belonged to his
Catholic Majesty, By Just as valid tenure as the
country eastward Of the riuer to the King Of Eng.
land. Exclusive of the recent and decisive line oil
by which the relative and political
rights OF both nations were clearly ascertained the
Spanish Court referred to ancient treaties by which
the rights Of the Crown OF Spain were acknowledged
ia their full ertent by Great Britain"
After commenting on the offer OF Spain to refer
the matter to any crowned head IN Europe, which
Great Britain refused, and the proceedings Of the
King and Parliament, he says:
"No assistance being had from France, Spain,
yielding to necessity, complied with the harsh de-
mands for restitution and ndemnlficatlon ; and at
length, on the 18th Of October, 1856, convention
was signed at the Escuria, by which every point in
dispute was conceded by Spain: Inc settlement Of
Nootka was restored, free navigation and right of
fishing in the southern Pacific were confirmed to
Britain; full liberty of trade, and even OF settle
ment, was granted to ali the northwest coasts OF
America beyond the most northerly OF the Spanish
unaccompdnied, however, by any formal
OF their rights OF sovereignty
This, Mr. President, Is the language OF the i'm
partial British historian, Belsham, (vol. 8, PIP
$751; and clearly shows that no sovereignty was
acquired by Great Britain any part OF the north
west coast; and such privileges as were actually
granted, it not exercised by the grantee during the
continuance OF ownership by SPAN, (and they were
not) would not attach TO the territory when out OF
the possession OF Spain. The convention would not
bind the nation to whom Spain ceded. It is not a
covenant running with the land, and to adhere to il
through all the mutations Of ownership. Ii that
country, sir, had become settled after this convention
by our own citizens, or subjects Of foreign power
and they had established their independence, the
would have been ipso facto abrogated,
he case Of Texas, sir, for an example. Whilst an
nation, she made treaties with several
81 the European Powers. She is now no longer
such nation-she is Incorporated into our Union.
What becomes OF these treatiesl Are they binding
upon us Can those foreign powers demand OF us
The ful6lment of the engagements OF Texas! do
not 30 understand it, sir. No more can Great Bril-
lain claim, that the country upon the northwest
A. @dSdt m mel nv 2nan pncumbeYcd