Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-01-16
rhe sec4nd nrnnosilion Of the British plenipo

\ treaties containing IAN acKnoWleuSuieu'o'
sisting rights an admission oil certain plin.t
pies OF International law" not 10 be aoiosa.cu
war; Had Spain by this convention ackno"
lodged the right of all nations to make dlscoVe
ries, plant settlements and establish colonies 9
the Northwest coast of America, bringing WE
them their sovereign jurisdiction, tnsre woui
have been much force in the argument. Dut su J:
admission never was made, and never was y
tended TO be made, by Spain. The Noolha Gou
vention is arbitrary and artificial in the nlgnes
degree, and is anything rather the mere achhom
ledgmenl of simple and elementary PlinciPie: !.
consecraled BY the law OF nations. In az,
provisions il is expressly conhned 10 Grsdl %
lain and Spain. and acknowledges no right wha'
ever in any third power to interfere WIN ~ !,
Northwest coast of America. Neither 10 II
terms, nor in It's essence, does it contain any dc
acknowledgement of previously subsisting lerriloiia
rights in Great Britain or any other nalioh, ~
strictly confined TO future engagements, ana 'hes
are Of most peculiar character. even u'ue
The construction OF its provisions mama i'ieu :!
Great Britain her claim does not exlena 10 pidn
colonies. which she would have had righl 70 "
under the law of nations, had the country oeIi
unappropriated but il is limited 10 iiieie i'ssn
OF joint occupancy, mol 10 respect 10 any par, w
10 The whole, the sovereignty remaining u, aps.
ance. And 10 what kind of occupancy NO
aanarate and distinct colonies, bat scattered set
/
Elements. interminsled with each other. over inc
whole surface OF the territory, for The single Pui'
pose of trading with the Indians, 10 all oil wnich
The subjects Of each power shontu nave lrec ac'
cess, the right OF exclusive DOMINION rehnalnins
suspended Surely, il cannot De successfully con.
tended thai such a treaty is IAN admission oi
certain principles OF International law, 50 sa-
cred and SO perpetual in their nature as not 10 be
annuled by war. the contrary, from Inc cna-
racier OF its provisions, II cannot DC lol
a single moment, that il was intended lot any
purpose but that OF mere temporary afIdnSe-
ment between Great Britain and Spain. The
law Of nations recognises no such principles IN
regard 10 upappropriatcd territory as those en-
hrsced in This treaty; and The British pleniro,en-
liary must fail in The attempt to prove that u
contains Gan admission oil certain principles OF
International law" which will survive the shock
Of war.
But the British plenipolen,ary contends that
from the silence of Spain during the negotiations
of 1918 between Great Britain and the United
States respecting the Oregon territory, as we'll as
"from her silence with respect 10 the continued
occupation by the British of their settlements
in the Columbia territory, subsequently, TO me
convention Of 1914" it may fairly be entered
that Spain considered the s,ipualions OF the Most
ka convention, and The principles therein laid
down, 10 be still in force"
The undersigned cannot imagine case where
the obligations Of a treaty, once exungnished by
war, can he revived without positive agreement
10 This effect between the parties. Even il both
parties, after the conclusion OF peace should per-
form positive and unequvocal acts in accord
ance with its provisions, these must BE- construed
as merely voluntary, 10 be discontinued by either
al pleasure. But in the present case II is not
even pretended that Spain performed any acl
in accordance with The Convention OF Noolka
Sound, after her treaty with Great Britain OF 1914
Her mere silence is relied upon 10 revive thai
convention.
The undersigned asserts confidently, that nei-
Their BY public nor private law will the mere 81.
ence OF one party, whilst another is encroachns
upon his rights, even if he had knowledge Of
this encroachmeni, deprive him of these rights
If this principle be correct applied to indivi.
duals, it holds with much greater force IN regard
TO nations. The feeble may not be in condi-
ton 10 complain against The powerful; and thus
the encroachment of The strong would convert IL
sell into a perfect title against the weak.
In The present case, il was scarcely possible
for Spain even 10 have learned the tendency oil
negotiations between the United States and Great
Britain in relation line Northwest coas, OF Anne
RIGA, before she had coded all her rights on that
coast 10 the former By the Florida treaty oi "a
Feb 1919 The convention OF Joint Occupation
between the United States and Great Britain was
not signed at London until the 20h October, 1918;
but four months previous 10 the date OF The FLORIDA
treaty; and the Publications we're not exchange,
and the convention published, until The SUN oi
January, 1919.
Besides. the negotiations which terminated in
he Florida treaty. had been commenced as carry
as December. 1915 and were in iu progress on
:
signed between Great Britain and the United
States. II does not appear, therefore, that SPAN
had anv knowledge of The existence OF these ne
EQUATIONS; and even i! this we're otherwise, she
would have had no motive 10 complain, as she was
in the very act OF transferring all her righlsto The
United States.
But SAYS The British penipoleniary, SPAN
looked in silence on The continued occupation BY
the British Of the settlements in the Columbia ter
ritory subsequently to The convention OF 1911; and
therefore, she considered the Nootka Sound con-
yen;ion 10 be sill in force. The period OF This
silence, 50 FAR as il could affect Span commenc-
ed on The 18Th day Of August, 1911, the date Of
the additional articles 10 the treaty OF Madrid and
terminated on The Odd February, 1919, the date Of
the Florida treaty Is there the least reason IRON
this silence TO infer an admission by SPAN oil tbe
continued existence oflhe Nooika Sound conven
trcly confined ito landing on The coasts OF thos,
seas, in places moi already occupied, for the pur
pose Of carrying on their commerce with the ma
lives OF the country, or Of making settlement
there" |, did nonextend 10 the Interior AT III
date Of this convention, no person dreamed Una
British traders from Canada, or Hudson's Bay
would cross The Rocky mountains and encroacl
on the rights OF Spain from that quarter Urea
Britain had never made any settlement on IN
northwestern coast of America from The date OF IN
/ Noolka Sound convention until the 22d February
| 1919; nor, so far as The undersigned IS informed
has she done so down TO the preset moment Spa
could not, therefore, have complained Of any sue
settlement In regard 10 the encroachmenls whie
had been made from the interior by the Norll
west Company, neither Spain nor the rest OF III
world mad any specific knowledge Of their exi'
fence. But, even ii,he British penipo,entiaTy ha
brought such knowledge home 10 her-whic
he has not aemped--She had been exhausted
one long and bloody war, and was then engage
in another with her colonies; and was, beside
negotiating Tor transfer OF all her rights on Il
northwestern coast of America 10 the u. State
Surely these were sufficient reasons Tor her
Ience, without infeTring from il that she acqu
esced in the continued existence of the Nootk
convention. II Spain had entertained The lea
idea thatihe Nootka convention was still in fore
|
caused her 10 communicate this fact 10 the Tn
ted Sta,es, before she had coded this territory
Them for an ample consideration. Not the lea
intimation Of this kind was ever communicate
Like Grea, Britain in 1918, Spain, in iSl
had no idea tha, he Nootza Sound convenlit
, was in force. II had then passed away, and ";
forgotten.
The British plenipctenliary alleges, that Il
reason why Great Britain did not assert The ext
/ lepce OF The Nootka convention during the neg
! ,ia,ions between the two governments in Isl
was. that no occasion had arisen for lis interp
position, the American government not ha
ing then acquired the title OF Spain. Il
very true that the United States had not III,
ACQUIRED the Spanish title; but is il pcssit
10 imagine, that throughout The whole y
go,iation, The British commissioners, had tn
Supposed tbs convention 10 have been in ext:
euce. would have remained entirely silent in r
gard 10 treaty which, as Great Britain now 8
leses, gave her equal and coordinate rights vi
Spain 10 the whole northwest coast OF America
All that PERIOD Grea, Britain confined her CLAIM
10 those arising from discovery and purcha
from the Indians How vastly she could ha'
| ,nal ,baea ri n ;n,S had she then SuDpOS