Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-02-12

pute as now refused all arbitration and FASTENED her
military preparations equpPng, by incredible exer-
tons and at cost of fifteen million dollars, seventy
ships Of the line in FIVE months. SPAIN in this
gency, applied for aid to the National Assembly Of
Frances and Mirabeau reported IN her favor. The
language of bis report might almost be supposed to
have supplied text for use in our own day:
Shall do much injustice (sad hey to the char.
acer Of enlightened nations suppose they would
lavish their blood and treasure for the acquisition oil so
distant SO barren spot Of ground u
/ With many high compliments TO England the report
concludes that Spain must not be deserted, at mo-
ment of danger; and, accordingly, the Assembly
voted augmentation Of the naval force. But the
reluctance Of France TO engage in war with England
soon became apparent that Spain finding herself
pressed, with naughty urgency, for categorical
answer considering that Great Britain had augmented
her navy hundred and ftyelght sail Of the line,
while her own numbered but seventy line ships, final
" in October of the year, submitted to neceSsi-
~, and signed at the Escurial, the celebrated Con-
vENTIoN OF NooTKA the same since claimed by
England as the basis Of all her territorial rights
the northwest coast.
/ 1t behooyeS us TO examine, with strict care, the
provisions Of that Convention.
lis first and second articles declare, that the
buildings and tracts Of land of which the subjects of
/ His Britannia Majesty dispossessed" IN l7S9,
shall be restored; and that just reparation shall be
made for ali acts Of violence and fOrcble seizure Of
property, on the northwest coast.
Its third article secures both nations the navga
ton and fishery in the Pacific and South Seas Subject
nevertheless to the provisions and restrictions spec
fed in the three following articles that is to
say, the 4th, 9th and 9th.
The fourth article prohibits British subjects from
navigating fishing within ten sea leagues Of any
Spanish settlement.
And the fifth article, the most important of the
WHOLE lying at the very basis of the present dispute
reads thus
1T Il lee in ha NJ hSch
he restored the British subjects, by virtue of the
first article, in all other parts of the northwestern coasts
of NUrh America, Of the islands adjacent, situated to
the north Of the already occupied by Spain, wher
ever the subjects of the powers shall have made settle
ments since the month of Apr 1899 shall hereafter
make any, the subjects of the other shall have free
and shall carry their trade without any disturbance
molestaliOn (Ihe OH article refers 10 South America
Observe, pray you, the wording of this article.
The species Of Joint occupation thereby established is
to be, well Nootka if land 5e there restored to
British Subjects in other parts of the northwest
coasts, ''si.uated to the north Of The parts ALREADY
OCCUPIED By Spain.'' OCCUPIED" is the word, not
even legally possessed; and Glready occupied that
is at the date of the Convention towit on the 2Sth
October, $780, That, at that date Nootka had been
"already occupied by Spain,' is fact which one
pretends to deny; fact established, indeed, by the
memorial of Meares itself
But the latitude of Nootka is little north of forty
nine and half. 1t follows, that by that very Con-
vention which the British Commissioners appeal in
which they profess to discover the sole authentic
source of all her territorial rights the northwest
coast England has not shddOIo Of claim south Of
fortg-nine and halt, and but joint right Of settle
7lent north Of that latitude
Is this a new view of the subject new interpre-
tation of that Convention and the reciprocal rights it
confirms 1t may be new TO many members of this
House. 1t may lie new, even, among the arguments
called forth by the negotiations this subject for
those who conducted for the negotiations not ad-
hitting that the Nooka Convention is still in force,
may have deemed it necessary ScrUpulouly test
the bearing of its provisions. 1t Is not to Eng
land TO matter with what skilful ingenuity she has
hitherto kept it out of sight To the British Cabinet
it is nearly as old as the Convention ITSELF 1t is es-
tablished by that commentary the Convention Of
all others he most authentic, namely the debates in
Parliament occurring but few weeks after its sigma
ture, and growing out of the usual motion for an ad-
dress of thanks to the King, on the occasion.
In the Lords, the Duke Of MontroSe moved the vote
of thanks. How does this apologist of the Crown
construe the rights accruing under the Convention
Hear him:
ave are not only restored to Nooka but zee may parti
cibafe ia a nothern settlement if should find at
ANYTIME that northern situation would be preferable
for the carrying of the trade Hsforu
Vol. 2S p. 934.
In the Commons, the mover of the Address did not
even aude 10 the acquisition, by the Convention, OF
any territorial rights whatever; but a certain loyal
Mr.. Smith, who followed him. boosted, in the exulta-
ton of his heart
THAT the tohole coast of Prince WiLias Sound wa.
free for to settle place being occupied by Span
ish Colony ."-Parfamenta History, VOL %, D. ESQ.,
Prince Williams Sound lies in sirty north latitude
more than seven hundred miles north of Nootka. II
Mr.. Smith still alive, he would have to settle
that claim with the Russians, not with us.
But the chief debate in the Lower House. and that
which is decisive of the entire question, was between
the two master spirits of the day. Fox and Pitt tt
it | invite your special attention.
Mr.. Fox, whose patriotism man ever doubted
first makes concession of the greatest Importance
to Spain. He said:
HE much friend to the claims of Spain, sane
toned by the treaty of Utrecht Count Florida Blanca
any Spanish minister, because ey lUere founded ia
justice These ercLuSire right of territory
navigation and commerce. the and Span
lsh America. The absurd and exlravagant claims arose
from extending the term Spanish America seas ana
coasts 1vhere Spain had right Of occupancy. TIC
what did we object before, but the indefinite limits Of
Spanish America. The objection still manned for the
limits of Spanish America were still undeined"-p 99I
Following up the same argument, he adds:
''Where admitted right of the north
west coast commenced was completely underlined. If
rvas said at Nootka ,Oe did not O.U that NoOtka cono
be ressOred''-I6id
And again:
Thus had given up all right TO settle, except TO-
temporary purposes TO the south Of the Spanish settle
ments, or ii the intervals betveen them If they happened
to be distant We had obtained an admission of our rich
to settle to the north and that obtained
with clearness As Spanish settlements the only marx
of limits suppose TO meet with one further 10 IN,
north than expected. and dispute were 10 arise wbe
ther it was new or Old it would be difficulty to sent
out builders to decide, &c."-b. 9s5.
Such were Mr.. Fox's interpretations ofthe Conven
ton Will it be argued that they are but the opinion:
/ of opposition member, however distinguished fol
probity and ability! But we have the reply of Mr.