Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-01-24

i q SOuICc. Dut Tic COHNcHuOH uCClSNCiJ
proves that the United States did not acquiesce in
the aniquated claim of Spain to the absolute and
exclusive sovereignty the whole country since,
if they had recognised that prior claim to the whole,
they could have had none whatever to any portion
| of it.
It is therefore undenable that the assertion Of the
| Spanish claim of absolute sovereignty cannot be
sustained by presumed acquiescence on the part
| OF the only nations which now claim the country.
II may perhaps be said that their opposition came
too late, and that they neglected too long protest
against the Spanish pretension on the Pacific. No
stress will be laid on brakes voyage, which had
warke character. But the British charters to their
colonies show hattho pretensons were disregard
| ed at very early date. There was no occasion
for opposition direct denial with respect to the
Pacific, until the attention of other nations was d
rected towards that remote country. This was ne
elected because all the commercial nations were in
their attempts to coIonize or to conquer foreign and
till then unexplored regions, attracted by countries
far more accessible, and were exclusively engaged
| in pursuits much more important. The East In
dies and the West India Islands offered vast and
lucrative field for commercial enterprise and terri
torial acquisition. With respect to the continent of
America, France, England, and Holland most natu-
rally planted their colonies on the nearest opposite
shores ofthe Atlantic; and they did it in opposition
to the pretended claim Of Spain, which extended to
the whole of America Although strenuously en-
gagged in extending those colonies westwardly these
in the year 1854, twenty years only before Cooks
third voyage, hardly extended beyond the Missis-
| sippi. What immediate interest could then have
impelled either France or England to enter formal
protest against the antquated claim OF Spain to
country with which they had never attempted even
to trade And what opportunity had occurred for
doing it prior to Cooks voyage?
But what is still more conclusye the country IN
question was equally neglected by Spain herself
Some exploring voyages, few Of which are authen-
tic, were indeed made by Spanish navigators and
the claims which may be derived from their dis
coveries have now been transferred to the United
States, so far as discovery alone can give claim,
and no further. But during more than two centu-
ries that Spain had no competitor on the Pacific,
there was on her part no occupancy, settlement,
or attempt to make settlement She had some
missions on the western coast of the peninsula of
California ;but her missions settlements in North
ern or New California are of quite recent date !;
that of the most southern San Diego in 1869, and
that of the most northern (San Francisco) in 1916
two years only before Cooks arrival at Nootka
Sound.
In point of fact, the contested territory had been
utterly neglected by Spain. All the energies, such
as they were, Of her Mexican colonies were much
more advantageously applied to the Improvement of
the vast and rich countries which they had con-
quered, principally to the discovery and working OF
the richest and most productive mines of the pre-
cious metals as yet known.
i Anson's expedition was purely military, and con-
fined to southern attitudes But the narrative drew
the public attention towards the Pacific ocean, and
gave new impulse to the spirit of discovery.
Almost Immediately after the peace of 1863 voy-
ages were undertaken for that purpose by the Gov
ernments of England and France the Pacific was
explored: the Russians on the other hand had,
more than thirty years before ascertained the con-
tlnuity of the American continent from Behring's
Straits to Mount ST. Elias. 1t was them and not till
then, that Spain, rather the Mexican Government,
awakening from Its long lethargy extended its mis-
sons to New California. In the year l774, Perez
with his pilot, Martinez. sailed far north as the
northern extremity of Queen Charlotte's Island,
having anchored in Nootka Sound, and, as Martinez
asserts, perceived the entrance Of Fuca's Straits
New and important discoveries were made by
Qusdra and Heceta in the year ITS. The sequel
| is well known.
But on what foundation did the claim of Spain
rest! IL she had indeed an absolute right to the
whole country bordering on the Pacific, derived
either from natural or international law, or from
usages generally recognised il matters but little, as
respects right, whether other nations had acquiesced
| in, Or opposed her claim. If there was no founda-
ton for that absolute and exclusive right Of sove-
reignty, Spain could transfer nothing more to the
United States than the legitimate claims derived
from her discoveries.
The discovery gives an incipient claim not only
to the identical spot thus discovered, but to
tain distance beyond it. II has been admitted that
the claim extends generally, though not universally,
as far inland as the of rivers emptying into
the sea where the discovery has been made. The
distance to which the right claim extends along
the sea shore may not be precisely defined, and
may vary according to circumstances. But it never
can be unlimited it has been recognised be-
yond reasonable extent Spain was the first Eu-
ropean nation which discovered and occupied Flor
da claim on that account to the absolute sove-
reignty over the whole of the Atlantic shores as far
as Hudson's Bay, or the Goth degree Of latitude
would strike every one utterly absurd. A claim
on the part of Spain to the sovereignty Of all the
shores Of the Pacific derived from her having esta
blished missions in California would be similar in
its nature and extent and equally inadmssible. I'll
cannot be sustained a natural right nor by the
principles of international law, nor by any general
usage or precedent The claim of Spain rested on
no such grounds.
II was derived from the bull of the Pope AIexan-
der vi, which the Spanish monarchs obtained in the
year 1893, Immediately after the discovery Of
America by Columbus. By virtue of that bull, com
bined with another previously granted to Portugal,
and with notifications respecting the division line
between the two Powers, the Pope granted to them
the exclusive sovereignty over all the discoveries
made or to be made in all the heather portions Of
the globe including, il must be receected, all the
countries in America bordering on the Atlantic, as