The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1846-01-31

as is pretended, in right Of Louisiana, Great Br-
tain maintains that the nature and extent Of these
rights, well as the rights of Great Britain, are
fixed and defined by the Convention of Nootks,"
&c. &c. af
The undersigned, after careful ex-
animation, can discover nothing in the
note of the present British plenipoten-
tiary to Mr.. Calhoun, of the 18th Sep
tember last, to impair the force Of these
declarations and admissions of his pre-
decessors. On the contrary, its gener
al tone is in perfect accordance with
them. .......
Whatever may be the consequences,
then, whether for good or for ever
whether to strengthen or to destroy
the British claim-it is now too late
for the British Government to vary
their position. lfthe Nootka Conven-
ton confers upon them no such rights
as they claim, they cannot at this late
hour go behind Its provisions, and set
up claims which, in 1926, they admit
ted had been merged sin the text and
stipulations Of that convention ITSELF"
The undersigned regrets that the
British plenipotentiary has not noticed
his exposition of the true construction
Of the Nootka Convention. He had
endeavored, and he believes success
fully, to prove that this treaty was
transient in its very nature; that it con-
ferred upon Great Britain no right but
that of merely trading with the Indians
whilst the country should remain un,
settled, and making the necessary es-
adjustments for this purpose; and that
it di1 not interfere with the ultimate
sovereignty ofSpain over the territory.
The British plenipotentiary has not at
tempted to resist these conclusions. =
If they be fair and legitimate, then it
would not avail Great Britain, even if
she should prove the Nootka Conven-
ton to be still in force. On the con-
trary, this convention, if the construc-
tion placed upoait by the undersigned
be correct, contains clear virtual ad-
mission on the part of Great Britain
that Spain held the eventual right Of
sovereignty over the whole disputed
territory; and consequently that it no W
belongs to the United States.
The. value of this admission, made in
$780,, is the same whether or not the
convention has continued TO exist until
the present day. But he is willing to
leave this point on the uncontroverted
argument contained in his former state
ment.
But is the Nootka Sound convention
still in force? The British plenipoten-
tiary does not contest the clear gener-
al principle of public law, "that war
terminates all subsisting treaties be-
tween the belhgerent powers" He
contends, however, IN the first place,
that this convention is partly CONNER
cial; and that, so far as it partakes of
this character, it was revived by the
treaty concluded at Madrid on the 2sth
August, 1914, which declares "that all
the treaties ofcommerce which subsist-
ed between the two parties Great Bri-
tain and SPAIN in 1875, were thereby
ratified and confrmed;" and, Cd, "that
in other respects it must be consider
ed as an acknowledgment ofsubsisting
rights--an admission of certain princi-
pies of international law" not to be
revoked by war.
In regard to the first proposition,
the undersigned is satisfied to leave the
question to rest upon his former argu-
ment, as the British plenipotentiary has
himself with merely assert
ing the fact, that the commercial por-
ton of the Nootka Sound Convention
was revived by the treaty Of 1914,
without even specifying what he con-
siders to be that portion ofthat conven-
lion. II the undersigned had desired
% strengthen his former position, he
night have repeated with great effe ct
he argument contained in the note Of
Lord Aberdeen to the Duke ofSoto-
mayor, dated 3Oth June. l845, IN which
lis lordship clearly established that all
he treaties Of commerce subsisting be-
ween Great Britain and Span previ-
'us to 1876, were confined TO the trade
With Spain alone, and did not embrace
er colonies and remote possessions. |
/ The second proposition Of the Brit
sh plenipotentiary deserves greater
ttention. Does the Nootka Sound
belong to that class oftrea-
les containing San acknowledgment Of
absisting rights--an admission Of GER ,
ain principles Of international law"
OF to be abrogatcd by war? Had
pain, by this convention, acknowl-
dyed the right of all nations to make ,
iscoveries, plant settlements, and es- I
,bish colonies, on the northwest coast 9
America, bringing with them their