The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-02


nI-the AIgonaut and Princess Royal-wbch WEI
Afterwards given up; required him TO leave the spo
~, ana broke up his establishment He proceeds [
England, on behalf of those interested in the eslaL
lshment and property, to procure from that goveu
ment a demand Of indemnity from Spain for m
:, seizure. Before arriving there, however, Spain ha
= made known TO Great Britain her intention 10 de
mand from that government punishment on the az
Igressor, and guarantees asd assurances against N
ture aggressons by the subjects Of that power o
b her possessions on the north Pacific. GenIleme
viii bear IN mind for this is briefly the noSition n
the parties up 10 that time that Spain claimed re-
dress for territorial interference; and on the arriys
OF Meares, England made a demand on Spain for nj
injury done to personal property Of one ofher sub
Jeeis; These were the issues, territora l and per
sohai. The negotiations resulted in the treaty sign
cd at the Eseursl ON the 24ih October I1g0 Thi
treaty provided for the restoration of the lands an,
buildings which had been seized In point of fact
beheye the reoecupailon never took place. The tw,
Following articles OF that convention | shall read
as showing what was agreed on:
Art J. In order strengthen the bonds OF
and preserve In future perfect harmony good under
standing between the two contracting parties IL agree
haI er respective subjects shall not be disturbed or re
stei In csrr Ing on their 6hriss Ia Pacific ocean
~ the south seas Or In landing the Of thos,
,Hs GA oo@@sTcs Uh tfs atrs Of the country or Of ma
kHS settlements thar; the whole subject nevertheless "a
'he TesTieuons specified in the three following articles
The 9th article, being the only important one on
this subject will give;
Art As well in the places which are 10 be restored IN
the British subjects by virtue OF the first article as In
all other parts Of the northwestern coast Of North America
the said already occupied by spain b,y,rsy 6, G
e OF either Of the two shall have made
since the month OF April ITsa or shall HERS AETER ~
any the subjects Of the other shall have free aces. and
shall carry on their trade without any disturbance or
tatOR"
| The above, Mr.. Chairman, is the title conferred
by the Nootka Sound convention so much relied on
hy land al.
treaty was afterwards destroyed or abrogated by the
war OF lIs6, or revived in 1914. Commercial trca-
ties are certainly az principle Of inter national law
abrogated by war. Why Simply because it de-
Ponds upon future arrangements whether the parties
shall be peace and il never Al peace the t,,n
ties are at an end. But will not further argue this
point What rights do these articles quoted give 10
England The right OF SOIL the rig Of commerce.
say "giue" TO England; for can any gentleman be-
eye that England conceived herseIfhe owner OF one
inch OF that coast by prior right, and entered into
that treaty on the terms used in it, Did she con-
celve thsi she was acquiring title exclusive or
otherwise, 10 any ofH' The burden OF the stipula-
tons II for carrying the fisheries and for trade
ana commerce with the natives Of The country cor
OF making settlements there :" the whole subject to
1.-THE restrictions in the following articles" one of
which spulates that settlements north OF the terri
sory occupied by Spain, made by the subjects of
either, after 1888, the subjects Of the other should
have free access TO, and right to Garry on trnde"
with them fsubjects Of Spain settled north Of the
territory occupied by Spain, that all right; il
Englshmen settled, that was all right; neither was
to be hindered by the other; this right was to re-
suit from the treaty; Englishmen were to setde
under the treaty; and the privilege of trade, as well
as protection, was the consequence. But suppose
the treaty ended by war, or otherwise, what would
be the efect' Could Englishmen settle there then
IL so, by what right Not under the treaty; for
that did not exist Had they any other title Sir,
Spain had acquired title more than two centuries
9 9eISrs y 81 Oregon This England knew Il
was notorious. Do gentlemen think she would
have stipulated for right to fish and settle there
if she did not know this' IL she had title there
anterior to this Noolka sound title what would be
the result, then, with her, if that convention
were terminated She would be RENTED to her
original lille; il that did not exist, she would be
without claim or pretence of right. Here sir, am
about to state prAcIpe, and call the attention OF
my learned colleague the chairman on Foreign AZ
fairs, Mr. c. J. lNGERsoLL, to it, 1t is this if two
nations agree mutually TO occupy territory for
any length of time together, or for indefinite pc
Rod, the right Of neither by the occupancy so
agreed for acquires or gains strength as against the
other during the time the agreement lasts. L. this
not so? Yes yes" from several. Ii is so. II not
so, agreement for reciprocal navigation of river
would npen into title no matter whether within
the exclusive jurisdiction of but one power not.
nation might demand the perpetual opening of
port, because by treaty it had been open for def
foundand fisheries if this But il is not
Suppose then, we look at the title situated under
these circumstances. The subjects of Great Britain
entered into the territory under the Nottka sound
convention; and suppose that continued in force
I'll England entered into the convention of 1918 with
us, which is only admitted for argument so to be.
| The agreement with ended the agreement with
| Spain. Suppose we should now terminate the
| agreement entered into with us' England would
be RENTED to her rights anterior to her agreement
Nh.t,. ~ E.s
with Spain. Suppose that greement is terminated by
the entering into the convention with US, by the
with Spain or by notice: now, under our title from
Spain, England Is RENTED to her rights anterior to
| the Nootka sound conventions and what were they
Notbing--nothing, sir. For she made no pretence
| of tile TO the territory now claimed at that time
| This Nootka sound conyenon IL now relied upon
as the foundation and superstructUre Of her title,
and fmy position be correct coniers none whatever
Sir Charles Fox said of this convention in l792-and
he waa quite as English any body here could de-
sire authority to he=-after noticing several ncon-
gruities in it, THAT it reminded him Of lawyers
will, written by himself, who, at particular Glause,
made marginal note " This ,riH afford glorious
chance for sit in chanesry" will not stop to say
hex JH gkind this remark was to the profession
the acknowledgements opinion Of English
men-of tina, treaty az the foundation title WI
JOHNNY Bull go to war on this ti,lc' Why, sir, he
has always been DESTROYS to preserve appcarances-
likes the world TO believe he has a good cause-no
matter how the fact is. Why, sir, remember in
my juvenile days of reading a book called John
B1H and Brother Jonathan" The old gentleman
was represented lecturng his son Jonathan about
not paying lsxsn and tea duties, &c, without ,,
grumbling. There was picture ~ the book. There
stood Jonathan, long, lank, guant-iookins ie1w;
and beside him John Bull very genteel in appear
ance, toilet recently made, speaking in the most
courteous manner to his undutiful son, with one
hand in his BOSOM and the other siyiy slipped into
, Jonathan's pocket-[great laughing. lie was pre-
serying appearances. And he will try, and do So 50
again; ana, il appearances are against him, he vii
not fight. Both appeqrances and facts are against
him in our case.
f But suppose England should determine to fight
what does she risk Let us look at this as ns So
sary means of ascertalning the pro6s,b,ca aooG
her ultimate course in this matter. Sir, this mani
festo that have been considering, would be scorned
her title examined, and she CONVICTED in the judg
ment not only but OF The word g
again, gentleman the other day told US that her pos
sessions on the north stretched along for three thou