The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1846-01-14
NO. XIII.


toned, the possession and the outstanding title
being united in the same individual, these con-
joined would be as perfect as if both had been
vested in him from the beginning.
The undersigned, whilst strongly asserting
both these titles and believing each of them se-
parately to be good as against Great Britain. has
avoided instituting any comparison
between them. But admitting for the sake of
argument merely, that the discovery by Captain
Gray of the mouth of the Columbia, IFS explora-
ton by Lewis & Clarke, and The settlements on
its banks at Astoria were encroachments on
Spain, she, and she alone, had right to COM
plain. Great Britain was a third party; and, as
such, had no right to interfere IN the question
between Spain and the United States. But
Spain, instead of complaining of these acts as
encroachments, on The 22d February, 1919, By
the Florida treaty. transferred the whole to the
United States. From that moment all possible
conflict between the two titles was ended, both
being united in the same party. Two titles
which might have conhicted therefore, were thus
blended together. The title now vested in the
United States is just as strong as though every
act of discovery exploration, and settlement on
the part ofboth powers had been performed by
Spain alone, before she had transferred all her
rights TO the United States. The two powers
are one in this respect; the two titles are ones
and, as the undersigned will show hereafter, They
serve TO confirm and strengthen each other. If
Great Britain, instead of the United States, had
acquired the title of Spain, she might have con-
tended that those acts of the United States were
encroachments, but, standing in the attitude of a
stranger TO boIk titles, she has no right to inter-
fere in the matter.
The undersigned deems It unnecessary TO pur-
sue this branch of the subject further than to
state, that the United States, before they had
acquired the title Of Spain, always treated that ti-
lie with respect. In The negotiation Of lSlS,the
American pIenipotentiaries did not assert that the
United States had perfect right to that country;
but insisted that their claim was at least as good
as that of Great Britain and the convention Of
October 20, 1918, unlike that of Nootka Sound,
reserved the claims of any other power or State
TO any part of the said country. This reserva-
lion could have been intended but for Spain a.
lone. But, ever since the United States acquired
the Spanish title, they have always asserted and
maintained their right in the strongest terms up
to the Russian possessions, even whilst offering,
for the sake of harmony and peace, to divide the
territory in dispute by the 49th parallel Of lati-
tude.
The British plenipotentiary, then, has entirely
tailed tc sustain his position, that the United
States can found no claim on discovery, explora-
ton and settlement, without admitting the prin-
ciples OF the Nootku convention. That conven-
ton died on the commencement of the war be-
tween Spain and England, in 1896, and has ne.
yer since been revived.
The British pIenipocntary next 'endeavors to
prove that, even if the Nootka Sound Convention
had never existed, the position of Great Britain
in regard 10 her claim, whether in regard TO tho
whole or to any particular portion Of the Oregon
territory, is at least good as that of the United
States In order to establish this position, he
must show that the British claim is equal in va
Iidlty TO the titles of both Spain and the United
States. These can never now be separated.--
They are one and the same. Different and di-
vergng as they may have been before the FIori-
da treaty, they are now blended together and
identified. The separate discoveries, explorations
and settlements of the two powers previous to
that date must now be considered as if they had
all been made by the Uniled States alone. Under
this palpable view of the subject the undersign-
ed was surprised to find that in the comparison
and contrast instituted by the British plenipoten-
tary between the claim of Great Britain and that
of the United States, he had entirely omitted to
refer to the discoveries, explorations and settle.
ments made by Spain. The undersigned will
endeavor 10 supply the omission.
But before he proceeds to the main argument
on this point, he feels himself constrained to ex-
press his surprise that the British plenipoteniary
should again have invoked in support Of the Bri-
tish title the inconsistency between the Spanish
and American branches of the title of the Uni
ted States. The undersigned cannot forbear 10
congratulate himself upon the fact, that gentle.
man of Mr.. Pakenham's acknowledged ability
has been reduced 10 the necessity of relying
chiefly upon such support for sustaining the
British pretensions. Stated in Brief the argu-
ment is this: the American title is not good a.
gainst Great Britain, because inconsistent with
that of Spain; and the Spanish title is not good
against Great Britain, because inconsistent with
that of the United States The undersigned had
experienced something far different from such an
argument in circle. He had anticipated that
the British plenipotentiary would have attempted
to prove thar Spain had no right TO the north
western coast of America; that il was vacant and
unappropriated: and hence, under the law of ma
tons, open to discovery, exploration, and set
Element by all nations. But no such thing. On
this vital point of his case, he rests his argument
solely on the declaration made by the undersign-
ed that the title of the United States TO the val
ley of the Columbia was perfect and complete
before the treaty of joint occupation Of October,
1918, and August, 1927, and before the date of
the Florida treaty, in 1919. But the British
penipoieniary ought TO recoect that this title
was asserted to be complete not against Spain,
but against Great Britain; that the argument was
conducted not against Spanish, but British
plcn ,otentary; and that the United States, and
not Great Britain, represent the Spanish iitle.--
And, further, that the statement from which he
extracts these declarations was almost exclusive