The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-03

our columns has deprived ua OF the space necessary
to give this portion Of the honorable gentleman s re-
marks at length.
Mr.. A. here read the lh article Of the treaty, and
proceeded Now, sir, this fifth article controls me
third completely, and confines the British right OF
settlement TO the north of the positions occupied by
Spain. II that is not the clear construction OF II,
then under that treaty they could so clear down to
Mexico, which they never had the assurance to do
The construction | have stated is that which any
lawyer would make-that is that the nth article con-
trolls the third and limits the settlements OF Great
Britain to the north OF those occupied by Spain.
When Vancouver went back for the purpose Of
executing this convention, he found a Spanish set
element Of ten houses at Nootka sound. What
did be dol He claimed the restoration Of these
ten houses, and the delivery up of Nootka
sound But in response 10 these demands,
the Spanish commander offered TO give him a
lits corner lying between the houses and the
Pacific, containing about half an acre. This was
refused, with the assertion that the bay Of San
Francisco was the northern limit Of Spanish set.
Element. The contrary il the fact. But let me
here observe, Mr.. President, that IL Nootka sound
has ever been restored to Great Britain, to secure
which object she htled out armament which cost
her fifteen millions Of dollars, she never would have
left it as doubtful whether IL was restored; she
would have placed proof thereof in her archives
and in those Of Spain, also lfthoss proofs existed
now, she would produce themI but as they are not
produced, IL is conclusive evidence that none such
exists that the restoration took place. add for
various cause.-the wars growing out Of the French
revolution among the rest She let the matter drop
totally forgetting It for twenty eight long years
after. New, by this mode Of construction Of the
instrument, we get al the true Of each OF its
parts; and 1t is a legitimate mode, and resorted
10 by the best usage for the purpose Of strengthen
ing such construction, to refer TO the con-
temporaneous views that were held Of it,
In the debates in tho British Parliament, VIC hnd
this convention spoken Of as I'm worthy Of England
and in fact literally sneered at This is a matter Of
history; and is IL TO be supposed that had the states
men OF that time any notion OF the value 10 them Of
that convention, which is now attached to il, they
would have allowed the representations which were
made IN Parliament TO 90 forth to the world uncon-
tradctedl cannot imagine such thing. II is in
comprehensive, and no man can believe il. Let me
refer TO this matter for moment The Duke Of
Montrose in the House Of Lords, on the occasion Of
vote Of thanks being proposed to the king for the
negotiation Of the convention, says
We only restored to Nootka but Vs nay payfici
pate a northern s,nasai II We should fad any
time that northern situation would be preferable
for the carry ing on Of the trade Parliamentary HIiory
r0i % p. a3I
This is the language Of an individual who was in
favor ofthe government, and from what he says il
Is clear he did not believe word Of the senIimen s
now advanced by the British minister. After look
ing we'll into the matter; after consulting all sources
VI Ias'e Ine oes1 opportunity OF near
s az s'a' Oo SOU u, :" 'e GAINS oI
t"I D'a', no Io.'e' i i'uiSe" WIN say ing Una.
%y "' VI" ST. VI ''S'"o'N "o''. W
Fox said:
He was as much iiehi TO the claims OF spain sane
,Ny sn,1isb ninisiE Scs,,s jS, ,C. to,I,SJ - 49,
These wer~ an ,rtitirs riga Of srro,y navigation and
commerce on the seas and coasts OF spanish America The
aD'utS ahG sNyassht claims sIole rom extending the
,Si 81 oee%pgnr To wbs. did ". osi-e, bsfars St 10
tho indefinite limits Of spanish Amsrcal The objection
SUI remained for the limits Of Spanish America were still
a"asnns' wi
Following up The same argument, he adds:
"wherr admitted right Of settlement on the North
vest eSast commenced was completely undehaed; y u
SS NJ, NC "'' VOL S''U '''' ''"iSa "o"a os re-
,,a .in
we nsa s,sn Ip sa rfM 10 ,tnt except for tenn
n "A, iriSrssi. S,.en S,@ th.x banransd 10 m 49,,
We had obtained an admission of right settle the
north and even mat We had not obtained with clssTnes
Dose ws s.r TO msrt VIM oos frbsr "a o. n o. sup
we expected and dispute were to arise whether was
new or old, 1t would be difficulty to send our
builders 70 decide se''-P s'a'
But do not deem It necessary to 60 into these
debates at greater length. We learn from them that
It was openly asserted and argued in both houses OF
IVY HVsh"s W ING
Nootka convention; even Mr.. PIT himself declared
that "if they had acquired no territorial rights, they
had gained some advantages they did not before pos
sess'" believe this Is perfectly conclusive, and
shows how this convention was understood a, the
time. 1t always appeared to me, Mr., President,
that the views taken by the British minister were
suicidal OF the claims of Great Britain. Mr. Paken.
ham has said this convention is in force up to the
present time But let me ask, if it is in force, how
does ii happen that she never claimed under it the
country down 10 the Bay Of San Franciscan How
does 1t happen that Great Britain who has shown il
her constant purpose lay hold of every foot oft
earth she can has never claimed far as the bay of
San Francisco? Why she fell, she had no right;
and if she has ever done since, it was altogether
an afterthought, for the purpose Of opposing our
claims. Nothing else can account for it. And here,
Mr.. President, | will not detain you with any
heightened argument to show tina, this Nooska Sound
convention was terminated by the war between
England and Spain in 1896 It is not necessary to
my argument TO do so; but believe it is practica.
BILE to show from the law of nations, and in strict
accordance with that Interpretation sanctioned and
acted upon by England, that the Nootka Sound
was terminated bv the war If 1895
What says Mr. Pakenhana That there are certain
national rights which as in this csse would survive
y.r If,bo, he g, IN ~. ;.z,.u.. l. I:J l. = =.