The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-16

upon uS Gan tnose foreign powers ueHHnu oi ur
the fulflnent Of the engagements Of Texas ! do
not 80 understand il, sir. No more can Great Britain
claim, that the country upon the northwest coast
coded TO by Spain, Is eecumbered IN our hands by
supulations which Spain entered into whilst she pos
sessed il.
But look, sir, 10 part Of the letter Of Alleyne
FItzherben, the British minister at Madrid, 10 the
Count Florida Blanca, the Spanish minister, for the
true understanding and real view which Great Brit
ain then entertained of this question He says, IN
his reply TO the counts memorial, after speaking OF
the reparauon TO which England entitled for
the violence al Nootka:
Finally 10 the nature Of the satisfaction which the
court Of London exaets tins occasion and on which
your excsllency appears to desire explanation
dhOiE d. sir to assure you that II his Catholic majesty
consents TO make declaration In his name bearing 10 sub
stance that he had determined to Offer to his Britannia maj
ssy and equitable satisfaction for the insult altered ~
has fag such OFFER Joined 10 P'omt.s OF making resttn
on Of the vessels captured aud 10 indemnify The PT0Psi0s
under the conditions specified IN the oical letter Of MIR
Merry the 18th OF May will be regarded by his Britain
nc majesty a. continuing hIty The SaitgGeti0h ds~"dd
and his said majesty will accept OF such by counter
declaration on his ParL"-C1pP'ndI, pOSms page aa)
Florida Blanca made the required declaration,
which Fitzherbert accepted by his promised counter
declaration. And now, sir what does this British
historian say Of the whole proceeding Hear him,
sir
But though England At the expense Of three millions,
extoted from the Spsniards promise Of restoration and
repa ration 1t is well sined-fr that the settle
question restored by Spain the Spanish
flag at Nooa struck and secondly that no settlement
has been subsequently attempted by England on the
California coast The claim Of right set by the court oi
London Ia therefore plain has been virtually abandoned
notwithstanding the menscng IN whch the ncgots
ton conducted by the British administration who can
not escape censure for encouraging hs, vIaou
1Oaehmsn' ." the territorial nghh OF Spain (iPP'ndT'
PP 30, AZ
What then, Mr.. President, becomes of the terri
ritorial claims Of Great Britain upon the northwest
coast, since, whatever they may have been "Pror
to the convention Of 1890, they were from thence
forward no longer to be traced in vague narratives
of discoveries several of them admitted To be apoc-
ryphal, but in the text and spulatlons Of that con-
yention itself" and they of the character ] have
shown them to be, on the authority of her own his
torians and her own published Documents
And sir it may be observed here, that II these
views of that convention are erroneous, and that
England did actually acquire, or procure the recog
milton Of territorial claims there by this convention,
then SIR it may well be insisted such claim or utle
or whatever il may be, enured, on principles OF nat
ura equity and justice, to us as her assignee,
through Virginia of the whole country
But, sir this convention being OF the character |
have stated il to be, mere International arrange
ment for trading purposes, on remote coast, was
abrogated on principles OF British law-and pre-
fer appealing to that IN controversy OF this nature
AS pronounced by one OF her most distinguished
ministers and statesmen, Lord Bathurst, in the ne
gotation Of 1915 between England and the United
States, respecting the Newfoundland fisheries.
He said Great Britain knows Of no exception TO
the rule that all treaties are put at an end to by
subsequent war between the same parties" The
war Of 1876, between Spain and Great Britain, alb
rogaed this convention, therefore, and 1t has never
been renewed. No subsequent treaty between those
powers can be shown, which, in its terms, or by It's
spirit and intention, renews this convention.
The mode, as pracused, sir, by those very pow
ers of rene wing a treaty after war, is by eX-
press recital and renewal of it by date or particular
description and confirmation. The second section
of the treaty Of Paris Of 1863, often referred TO-,
sir, shows the mode IN which Great Britain and
Spain and France renew treaties. 1t is in this
form:
The treaties Of Wesphalia Of 1885, those of Madrid, be
tween the crowns of Great Britain and Spain Of 1867 and
1870 the treaties OF peace Of Nimeguen oil l61s ana io OF
ofi7ls that Of Baden Of ma the treaty OF the triple ALI
OF the Hague that OF the qr.drupe alliance Of
dentve treaty Aixa Chapee Of 74s and that of Ma
dd between the crowns Of Great Britain and Spain of 76o
as well as the treaties between the OF Spain and
Portugal of the 18th February 1868 of the 9Th OF Februs,
~ Ills and of the 18th of February 1851 and that Of the
nth of April l73 betw France and Portugal with the
guarantees Great Britain basis and foundation
and to the present treaty and Tor this purpose
thew are ali renewed and confirmed the hest I'll
as the treaties in geuea which ubsised betw the high
contracting parties before the war as they were inserted
here word for word that they be exactly oherv
ed Tor the future in their whole tenor &c.
This, sir, is the regular mode Of revving treaties
which have been abrogated by a war-not by silent
inference, but by express recognition and enumers-
ton; for in this mode all doubt and uncertainty to
the intention Of the parties is removed.
The treaty of Madrid of 1914, did not, nor was 1t
intended to, revive the Nootka convention, or any
commercial treaty or international arrangement
which war had terminated, except those relating to
commerce between Great Britain and Old Spain not
including her American colonies or distant posses
sions for one clause of that treaty stpuates, if the
trade is open to her colonies, England shall be
placed on the footing Of the most favored nation in
respect to it. How, then, it may well beinqured can
| "the text and stipuations of the Nootka conven.
ton" which did not, virtually, grant anything to
Great Britain but merely permitted British subjects
to settle for trading purposes upon the northwest
coast and did not even grant to them the fee
simple of their settlements, be now regarded as such
foundation of title in Great Britain, to Justify
her in demanding of u.s. who have succeeded by
fair purchase, to all the rights of Spain, divi-
sion of the country With equal propriety, sir,
might tenant at will, at suerance, who has oc-
cupied the premises of another under license un-
moesed for a series Of years. demand of the pro-
prietor receiving notice to quit partition othe
farm or the occupied field. insist, therefore, sir
in view of all these facts, arguments, and differences
that Spain had not encountered her title before she
passed it to US. 1t was not affected by the conven
ton Of Nooka, and our title through Spain is there
fore "clear and objectionable"
insist, also, Mr.. President, that there is grea
proprety and manifest justice IN according to SPAN
all the benefits of these principles of British law to
which have referred, and which Great Britain had
| forced all nations to acknowledge; because SPAR
had, for many years, made it prominent feature II
her policy to originate, and at great expense
promote, voyages Of discovery throughout the
whole extent Of the northwest coast. SO i'm.
porant, sir, was this object in her view, and sc
deeply was it ingrafted upon her system, that sh'
erected a distinct department, (called the Marine
Department of San Bias, purposely to conduct ex
plorations and surveys Of the northwest coast o
America. She made sir, all the most mportan
discoveries on that coast and named its rivers, bays
capes and headlands, and followed up her discover
les by such settlements were suited to her thel
condition; or if no settlements followed, continue
claim was made, which nation questioned. AM
why sir, would ask, were we not entitled to tn
benefit of thsus claimants under Spain of that yer,
title which these acts Of hers originated
As to the true exposition of the public law, sir
upon the question of title arising from discovery on
Ily, nothing conclusive can be urged. We hav
seen, sir, how Great Britain has understood and en-
forced it, 1t cannot be commended, sir, in any view
Of the question, that nation is bound forthwith t
follow up discovery by settlement. As that, he
condition. the exigencles of the State, must be con
l.tla hut do ri uhich will he