The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-11

own discovery secondly, upon the ground mat uns
condition Of the territory then was, and afterwards
continued 10 be such, that there was no exclusive
right Of sovereignty to be found in any natoni and
that the Nootka Sound convention OF ITO, was
founded upon the principle that such was the pecu-
liar and anomalous condition OF that coast ana Ter
riory that they were open 10 occupation anu seS
| tement by every nation who might succeed IN oe-
occupied and settled by others. What stood IN inc
wayi The Spanish title acquired by discovery, ana
alleged subsequent possession; the American uue
asserted TO have been acquired IN the nrst instance
by discovery and possessioni and the Russian t.e
asserted by Russia to have been obtained IN the
same way. Whilst in the exercise Of these rights
by whom were they questioned Not by the Uni
ted States, until comparatively recent period-not
by Spain subsequently, 10 the treaty OF lIyO-not by
Russia subsequent 10 her treaty with England In
1924 and far az we were concerned, our treaties
with her of 1918 and 1897, went upon the admis-
sion--and were the men Of that day more false 70
their trust'-that there were some rights on the
part Of England TO some portions OF the disputed
territory. Now, when the treaty Of 1878 was
made the United States 30 far from claiming under
any Spanish title were claiming upon the ground OF
their own independent title, against the title OF
Spain-claiming by virtue Of discovery and settle
ment From 1875 down 10 the hour at which we
have now arrived, Spain has never had possession
north of latitude 42 and for the greater period Of
that time-having lost, in the interval all her Amer
lean property-she has had no foothold from the
day when she conceded her interest to the United
States by the treaty Of 1919, upon the American
continent, from 1895 up to 1914 period OF TWEEN
ty-four years; and If Spain barred by the aban-
donment of the territory when we came IN under
Spain, in 1919, we might well be said to be barred
also. Now, in my judgment, Mr.. President, i
would be better for their respective pretensions, IL
the treaty OF 1870 held to have been terminated,
and never revived, by the war Of 1896. II 30 ter
minated, and Engand's possession is not 10 be at
tributed to the rights recognised-or coded, II gen.
tlemen will have 1t so-by the force Of that treaty
then they adverse TO the rights Of Spain and all
| the world; and, becoming adverse from 1896 up to
l5l9-Spain having abandoned the continent or this
portion Of the continent, from 1875 up TO 1871
should like to know whether, against SPAIN these
adversary rights of England might not be well
maintained. | not here 70 contend that the
treaty OF l79O was abrogated or not, by the war OF
l796. am not here 10 contend that, II abrogated,
revived by the subsequent treaty Of 1914 but
maintain that II is infinitely better for the validity
of the American title TO consider the treaty TO have
been in force than 1t is TO hold il TO have been
nulled by force Of that war. Now, we did, until a
comparatively recent period, make out our title
first by discovery Of the river by Gray in 1892, Of
which have no doubt; next, by the exploration Of
the head waters Of the river from the head waters
to the mouth, by Lewis and Clarke, and Of that
there can be no doubt thirdly, by the treaty OF
louisiana; and lastly, by the treaty with Spain in
Il
far these respective claims Of title 60, each is
inconsistent with the validity Of the other. If
had any rights in 1918, we had them by virtue OF
our own discovery, to which have referred. II
we had no rights il was because the title vested in
/ Spain. But if we derive the title from France,
/ there could have been no title in Spain. If are
to derive the title from Spain, it is only because we
derive title by force Of our own discovery, by
force of the transfer of title from Spain. Now, Mr..
President if you look at the correspondence which
preceded and led to the treaty Of l8l8-hs treaty OF
| Joint occupation-you will find that the United
| States stoutly and earnestly maintain
ed the validity Of their title as they have
done at any time since, or now-maintained
it as an original, independent and, in my judgment,
made it out original and independent right, to
portion of the territory. But tina. was only that
portion watered by the river which they had dis
covered, and all its tributary streams, which could
carry up to about the latitude Of ago. II we had
not that the title derived from the French grant il
the best. Now, 20 far as that latter title is concern
ed, it is perfectly manifest that il does not carry
| beyond ago. In 17l3 the treaty Of Utrecht was
made by its tenth article it provided that France
should restore to Great Britain the bay and straits
4 Of. Hudson; and commissaries appointed TO
define within year the limits to be fixed between
that bay and the places appertanng to the French,
and also to describe and settle in like manner the
boundaries between the other British and French
colonies in those parts. On this let me read from
| a paper communicated by Mr. Monroe, then min
lister of the United States at the court ofSt James,
in justification of the United States for their refusal
to ratfy the fifth article Of the treaty Of l803-that
fifth article providing for the running of certain
| boundary between the two nations; and in order
to Justify the United States in refusing to rafy that
fifth article, Notwithstanding the treaty had been
signed, and signed under the authority of instruc-
TONS including that article as well the others,
Mr.. Monroe communicated to the British govern
ment the fact, that after these instructions
sued, they having been granted at the period when
our acquisition of Louisiana was not supposed to be
probable, and without any reference to any title
which we might acquire from the force Of any
grant Of Louisiana from France, as we had some
| short time afterwards, and before the govern
| ment Of the United States was called on to decide
whether it would confirm the fifth article or not,
we had right to go up the line far north ago
and to go up to 49o upon the ground that the line
had been established exactly in accordance with the
provisions of the 10th article of the treaty of l7l3
Mr.. J. here read the extract from Monroe's COM
muncation, of which he had Just given the SUBJ
| stance.l Thus it would be seen that from the car
lest period subsequent to 173the dateo of the trea
ty Of Utrecht--that line, now supposed not to be
run, was run, and is to be found on every map Of
any authority from that day till this modern
doctrine the subject started, (fI recoect right
for the first time by Greenhow, is that the line was
in fact never run. Why, it was never contempla-
ted to be in fact run. 1t would have been almost
phi sicaly impossible to have run it in the condi-
ton in which the country then was, and the great
extent of territory over which it was to extend; and
hence the words in the treaty Of Utrecht are that
Hshall be described" And it was, described az we
ourselves say speaking through Mr.. Monroe; and
he acting under instructions from Mr.. Madison,
described it running latitude ago and upon this
latitude Of ago indefinitely to the ocean. Now
make bold to say, that at the period to which
have adverted, the 9Th of September, 1904, no
branch of the government pretended that we had
right to 60 beyond the latitude Of ago, but that
| there our right was clear and unquestionable, and
so think. But the condition in which the title
now stands necessarily demands compromise; and
there is no senator this floor, who reflects for
moment, but will admit that, in the absence Of COM
promise, is inevitable. Spain has relinquished
all claim. Russia pretends to no claim south Of
$40 40. No other government asserts any claim
to any part of the disputed territory north of 400
up to $40 40 except England and the United States
How are their conflicting claims to be settled If
| it is new question: after we have induced
them or permitted them to come in under
the treaty of 1918, to hold in common with
ourselves, keeping the question of sovereignty
1 LII r. L.. IL