Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-03-13

The appointment, Wltnln rcai, Ss..,u 10 RIM
ers lob. forthwith named by each parry 10 run
il The legitimate inference is, that il was run
BE This. however. as il may il is very certain ne
belief has been very general, with Inc nes: IN,
formed Ina, The i9:h parallel OF norm 'at''uue
was fixed in pursuance OF the treaty u I; ::
as The northern limit of LOUISIANA aho i nas
formed The basis of most important uea.es
tween The United States and Great Britain. MI
Monroe. minister Of the United States al LONDON,
in his letter of September >, lSO4, 10 LORD HaI-
Iowby, The British Secretary Of Foreign hn""S'
in reference TO this matter, says: W.T.. ),
"By the 10Th article of the treaty Oh otlecn'' -
is agreed that France shall restore 10 Grea' bfnai,,
The bay and straits OF Hudson, together WIN al
The lands seas sea.coasls, rivers, and places,
situate in said bay and straits, which peionS 'lele
unto; and il is also agreed on both SIDES, 10 ueier
mine within year, by commissarles 10 oe ior'h-
with named by each parry, the limits winch are 10
he fixed between the said bay oil f1uuSol anu TUG
places arpenaining 10 the French, which lImns
both the British and the French subjects shall De
wholly forbid 10 pass over or lherebyto COLO each
other. Nv sea or BY land. The same commits
sioners Shall also have orders TO eescTipe ana SCI
tie in like manner The boundaries between inc Quiet
British and French colonies IN hose paris Com
missuners were accordingly appointed p' edc"
power, who executed The slpulaliohs OF .he ircdy'
!
They fixed The nothern boundary OF Canada ana
Louisiana by line beginning on the Allanllc al
a cape or promonlory in So degrees 81 minutes
north latitude, thence souhwestwardlyt 10 inc lake
Mississin. thence farther southwest 10 The latitude
OF as Aserees north from the Equator and along
that line INDEFINITELY.
"During The negotiations" MIR. Greenhow in
forms US, "belween the United States and Great
Britain, no attempt was made on the part OF The
latter power 10 conIroven The assertions Of The
Americans respecting the supposed boundary
line" In the treaty which was negotiated and ap-
proved By the executives of both nations IN lSUI,
bul which, IN consequence OF the outrage commit
:ed on The American friga,e Chesapeake, together
with he charge in the British ministry, was not
ratified, The 49h parallel was adopted as The line
east Of the Rocky mountains; as il was in The final
adjustment oflhe boundary betwecn,he two coun-
tries, east Of those mountains.
I, would seem. considering the character OF the
question, The length of time which has elapsed,
and the apparent admission bv the two NATIONS
that the line was run in pursuance oil The lUn ar
iice Of the treaty OF Utrecht that il may be taken
a. a conceded fact But, for The purposes OF my
present argument, il is not necessary 10 establish
this; ana hence go into no detail, and express
no positive opinion. lit is q detachable cues
lion, Tor Ibis argument il is enough, for il viii
establish The point for which shall hereafter con-
tend, viz: that it is a subject tit 10 he settled hy
negotiation. IL may excite SURPRISE as This view
OF The SUBJECT is most important and interesting
one, that il has not been referred 10 by The nego-
ria,ors But The reason is plain. Each party
claimed more territory than this line w1nll give
them, and hence neither would claim under IT.
But, whatever doubt there may be on this point,
there can be none that the treaty Of Louisiana
conferred upon US the title 10 The territory as far
West as the Rocky mountains, aud lhus conferred
upon US one OF The best grounds oil our title to
OrcSon-rnnhgUiy.
by the Treaty of Florida, ratified in 1919, be-
tween The United States and Spain, "his Catholic
Majesty 'cc1ed 10 tie United States all ms 7ighis,
clQims and professions 10 the country lying West
Of The Rocky mountains, and North of line
drawn on The l2d parallel Of latitude, from a
point on The South bank of the arkansas, in that
parallel, TO the South sea, that is, TO the whole
sion claimed BY Spain West OF those mountains,
and North Of that line"
By this treaty we succeeded 10 all the rights Of
Spain on Inc Pacific North OF The AID degree-the
extent OF which we have already in part seen.-
The only treaty upon which England POUNDS any
claim 10 the territory n dispute, is that with Spain
in 1870, commonly called The Nooka Sound con-
venlon, the origin, and, 10 some extent, The cha
racier OF which we have already seen The only
portions oftha convention pertinent 10 the present
discussion will be found in the Sd and 9Th articles
They are as follows:
"AR.' g. In order 10 strengthen the bonds Of
friendship and 10 preserve in future perfect
harmony and good understanding between the
two contracting parties it is agreed that their re-
speciye subjects shall moi be disturbed or moles-
ed either in navigating or carrying on their ishe-
ries in the Pacific Ocean or in the South seas
or in landing on the coasts of those seas in
places not already occupied for the purpose of
carrying on their commerce with the natives ofihe
country, or IF making settlements there-lhe
whole subject, nevertheless, 10 the restrictions
specified in The three following Articles The
material one OF which is,
CART. 5. AS we'll in the places which are to
be restored 10 the British subjects, by virtue OF the
first article, as in all other parts ofthe Northwest
ern coasts ci North America or Of The islands adj
iaeent, siiua'c TO the North of the parts OF The
said coast already occupied by SPAIN wherever
the subjects olcilher of The Two powers shall have
made settlements since The month Of April, 1880,
or shall hereafter make any, the subjects OF the
other shall have free access, and shall carry on
their trade without any disturbance or rlolesta-
ton"
Aboutthe proper construction oftts treaty, and
the tact whether il is now in force, Great Britain
and the Unite. States widely differ We contend
thu. was transient in its very nature: that il con-
fered upon Great Britain no right but that Of
merely lrading wilh The Indians whilst the coun-
lry should remain unsettled, and making the ne
cessary establishments for that purpose; that il
did mol interfere with The ultimate sovereignty OF
Spain over tho territory; and, above all, that IL
was annued by The wal between Spain and CT.
Britain in 1896 and has never been renewedby
the parties.
On The other hand Great Britain contends,
that
"The treaty of 1870 embraced inf CT, variety
Of objects II parook, in some OF its stipulations,
Of the nature Of commercial convention: in
other respects, il must be considered as an &C.
acknowledgement Of existing rghts-an admis-
sion Of certain principles OF International law, not
to be revoked al The pleasure ofe,her party, orlo
re sci aside By cessation OF friendly relations
between them.
"V;ewed in the former light, its sipulalions
might have been considered as cancelled in con-
sequence OF The war which subsequently, took
place between the contracting parties, were il not
that BY the treaty concluded at Madrid on the
2S,h August 1914 il was declared that al The trea-
ties oil commerce which subssted between the two
nations (Great Britain and SPAIN in 1896 were
thereby ratified and confirmed.
an The latter point OF view, the restoration Of
state OF peace was Of itself sufficient 10 restore
the admissions contained in The Convention OF
1870 10 their full original force and vigor."
10 reply, our plenipolentiary insists that the
convention cannot be considered as an acknow-
lcigemenl OF existing rights, or an admission OF
certain principles Of International law, hot 10 be
sci aside hy cessation Of friendly relations be-
tween The parties; and lie shows mos: conclusive
II tina, the treaty OF 2sth August, 1914, applied
only TO Spain, and not 10 her colonies. This is
shown, not only by The words Of the treaty ITSELF
bul by The construction lately put on it by Eng
land herself
do mol mean, Mr.. Chairman, for the reasons
already given, 10 argue these questions. That
has already been done in the most mastery
manner BY our negolaor. mean only TO stale
them. My opinion is, that tie effect of the Con-
venion was 10 admit that the Northwest coast
was unappropriaed BY Spain or any other nation.
But before dismissing for The present The consider
alton of The effect OF The Noo.ka Sound Conven-
iion, there is one fact desire 10 mention, and it
is that it is not denied hatundcT ii Great Britain,
who insists that il is still 10 force, has no right TO
,,d