Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1846-01-01

examine the Treaty in reference TO this argument.
The material part OF the Nootka Sound Convex
tios is contained in the Sd article BY that article,
Crest Britsin obtained from Spain an rngsgemen.
that her subjects should not be disfurbed or mo-
places no, already occupied for the purpose Of
Carrying commerce xitA the natives of the
e0sntry, or cf saaking settlements there"
Now lei US examine whether the Nootks Sound
Convention YES a trassiio,y treaty. according to
the doctrine Of Wheaton, which had Jeea cited
with appreciation ny high authority in Euglsnd -
hithits plain snd oneqavocsl language permit IT to
be tortured into treaty Of ee.sion o, Of boundary
or OF ezehange of territory, or into treaty cres-
ting permanent servitEde In favor Of one nation
within the territory Of another We imagine the
ingenuity OF man find such constructions in
its Paipsbie provisions.
Great Britain then, it 10 evident. possesses no
| right under the Nooika Sound Convention, ~he,h-
er we view il as a fransitsry treaty. or . treaty
properly 80 called We will NOT undertake to say
IN what light that compact should be regarded &C.
cording to tho principles Of national law IL Seems
to be an anomaly. and snquestionaby is highly
tihcia in all its charac,e,sticst II ws can judge
ITS object from the language employed, it seems
have been adopted for the sole purpose of pc rmit
ting the English to land in 0 eson. and make set
Elements there to aid them 10 trading with the Ind
ans Spain surrendered by it part of her ,erritor
al jursdicticn and we can arrive Al no other conciu
sion than that ii intended TO survive only 90 long
80 IL should not be annulled by war or tho country
should be occupied ly the Indian tribes There can
be no doubt that the Convention was sbroga,ed by
the war Of 1896, and has never been renewed since
that time. IL has been argued that il was revived
by the treaty Of Madrid in 1914, but the argument
will not hold good. That Treaty. in the FIRST place.
has been admitted by Lord Aberdeen to refer to
CONNIE Ieia treaties at that time existing between
| Spain herself { and not he, coioniesl and Great
Britain. Moreover the Noo,ka SQUAD Convention
10 not . treaty of Commerce Ii establishes no
commercial relations between English and Spanish
subjects, but merely grants permission to the En-
gI'sh TO trade with third party, the indian tribe,
| of Oregon.
1t must be evident, then, that England derives no
| right to tho soil OF Oregon through the Nootka
Sound Convention. Indeed so little has she relied
upon ths, compac, that the very mention off
does not occu' il the discussions the subject
iii the year 1924. and then i, was fret suggested
BY MIR. Rush our Minister ,ot,e Cour, OF ST. James
Tho Nootka Sound Conveatipn seems to have
cast the darkest shade eff suspicion that rests upon
the title Of the United Ststes the Oregon terrific
ty. Every candid man will acknowledge after an
investigation of the subject, that there has never
doubt on that score.
We come now to the second position Of our Cor
| respondent.
He says that with regard to the Frazer's River.
she has very much the same sort Of claim that we
have to the Columbia"
1, is very true that Sir Alex snder Mckenzie did
discover the head waters Of the Frs1er's River,
and followed them to the sea Bur, lot US ask, Of
what time this discovery and exploration occurred
They happened in he year 1893 WHEN the Nootka
Sound Convention in full force. and previou.
to the war with Spain BY which it ubrogated.
We have alrsad, quoted the language of The essen.
ra portion of that Convention. Can il be- so con.
strued to permit Great Britain to make terrific.
rial acquisitions by discovery and exploration -
Does the privilege of making settlements for the
put pose OF trading with the Indians confer upon
her any such right Was it not the object of the
Convention to provide bnt the claims of Great
Britain and Spain should remain in precisely the
same condition du'ing its continuance - at the
time of lis formston1 Il not Crest Britain estop-
ped by it's provisions from making any claim which
would have impaired tie just rights of Spain to
the sovereignty OF the soili We shink 90 unq"e.-
,onaby. She can no more found claim to The
territory washed by the F,srer's River upon dis
coveTy during the continuance Of the Nootka
Sound Convention. than she can make similar
claims on the score Of discoveries effected since
the treaty Of Joint Occupation with the United
States in 1919 But for the Convention of Nootka
Sound Sir Alexander Mckenzie would have been
an intruder upon the Territory of Spain. Under
that Convention he was authorized to make set.
dement's for tho purpose of trading with the Indi
ans; but such settlements could never cunfer ter
ritorsl tights upon Great Britain. We think these
points are uncomfortable.
put the United states IN claiming ma COLUMBIA
are trameed by no such treaty restrictions. The
discovery OF its mouth by Gfsy-the settlement ct
Astoria-the Exploration Of its principal branches
from the Rocky Mountains to their confluence with
the main stream BY Lewis and Clarke. gave u.
perfect title against all the world. srtept Spain
and having acquired the Spanish title by tho Flori.
da treaty in lel9, we are fortified in our claim to
The valley washed by that River by all tina, can
make titls incontrovertible.
We come to tho third proposition of our CORES
pondent. viz: ',hat with regard {, the North
branch of the Columbia River, Grest Britain mas .
clsi n similar TO that on which insisted on hold
ing the Ohio before the war of Co."
We must csndiily confess we arc unable to per.
ceiys the similarity Of the two csses.
According tic our correspondent. tho claim sci,
IN by tho American colonies to the Ohio river,
previous to the war OF 1863 was based upon three
distinct grounds; lst, priority Of exploration
End. letters patent. and Ord, the RICH; of continue
~ Now, let US ask, are not the Two last elements
oftitle-letters patent and the right of continuity
entirely wanting IN the British claim to the
north branch Of tho Columbia riverf Unquestion.
ably they are, and important munimen,s the,