Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1846-01-08

tween ueSe TWO Po"9S, "o HIST VI WHICH ~
follows:
81. is agreed that pending the negotiation Of
new treaty of Commerce, Great Britain shall
admitted to trade with Spain, upon the same col
ditions rs those which existed previously
1876: all the treaties Of Commerce ,ohicA at Ia
period su6sisted bef,cecn The f,0o Nations, bein
hereby ratified and confirmed"
And upon this subject, Mr.. Buchanan says:
"rhe first observation to be made upon this al
ticle is, that it is confined in terms to the trad
with Spain, and does not embrace her colonies o
| remote territories.''
Now, think candid men of all parties vii
concede that there is more Of special pleading
suited to en- argument before a county justice
than OF sound logical reasoning, snited TO the
high and dignifed position Of an American Ne
goiiator, in this observation Of Mr.. Buchanan's ;
Tor II the first branch of the article quoted above
does In terms confine the trade TO Spain alone.
the latter branch PROFESSIONALLY covers the whole
trade OF territories well of Spain itself, az
existing IN and before 1896, which was interrupts
ed by tne war, for all such treaties were thereby
ratified and confirmed
III VIII be found In the long run, that in dipfo-
matte negotiations between Nations as In pri-
Va'e transactions between man and man, that
honesty is the best 2oiicy''-and am sorry to
oeliese that our government has not practised on
the adage, as there will be further occasion to
show.
~ the time of the war in 1906 between Spain
anu Great,Bri,ain, the trade of the Orepon terri
.ofy had been opened 10 Great Britain, as has
oeeh seen by the Nootka Sound Convention, but
hau not been opened 10 other foreign natiops.-
80 In 1914, after the general peace OF Europe was
established, the trade of her other colonies and
remote territories had not been opened 10 forepn
nations, and therefore in the treaty Of Madrid it
was further stipulated that Sin the event of the
spanish American possessions being opened TO
foreign nations, his Catholic Majesty promises
That Great Britain shall be admitted to trade with
'Nose possessions as the most favored nation."-
A very proper and necessary provision, even if
taken wholly independent of the Oregon trade,
and yet Mr. Buchanan deduces it as an ..irresist-
'ble inference" that Great Britain admitted that
she had acquired no right under it to trade with
the colonies or remote territories of Spain, where
She obtained this siipulation--whch il is appar-
ent to any clear mind is far-fetched and unten-
able deduction.
l have undertaken TO show that the Nootka
Sound Convention, embraced two distinct objects
the first was TO regulate the commerce between
the subjects oil these two powers in the Oregon
territory; and the second, to secure the right 10
the subjects OF each 10 make settlements the lat
Ter part ct which as being permanent and endur-
ing IN its character (while the first part is ONLY
temporary, and liable to alteration or destruction
is entitled to, as it must carry with it, much the
greatest weigh, and importance.
Mr. buchanan says, "fhe general rule Of ma.
honal law Is, that war terminates all subsisling
nea'eS oet"eeh the Oeilgerent powers. Great
britain has maintained this rule TO its utmost ex-
tent. Lord Bathurst in negotiating with Mr..
Adams In 1918 says, "ihat Great Britain knows
OF no exception TO The rule that all treaties arc
put an end TO by subsequent war between the
same parties" Perhaps Continuing Mr.. Buch-
ahan) me only exception to this rule-if such it
may be styled-is that of a treaty. recognising
certain sovereign rights, and belonging to a ma
uon which had previously Gristed, independently
OF any treaty engagements. These rights which
inc treaty did not create, but merely Acknowledged
cannot he destroyed by war between the parties"
ne hrst question 10 be here determined, if the
Posiiion OF Mr.. Buchanan is correct, which am
not disposed at this time to dispute, is whether
INC Nootka Sound Convention created rights on
The part OF Great Britain, or whether it Gckno,c-
'e"Sea rights existing previously to the treaty -
amp 'his may ce question of much difficulty in
9eteImihing: Certain 1t is, however, that Great
britain claimed it as right TO make settlements
In oregon prior TO the Convention, founded on
her real or supposed discoveries, regardless of the
rights oil Spain; precisely we had done on the
discovery OF ihe mouth of the Columbia river bv
Gray, and by the explorations of Lewis and
CLARK otherwise she would not have demanded
and obtained Indemnity from Spain for the inju-
ries sustained by dispossessing Meares, one of
her subjects; and equally certain it seems 10 be.
mat Spain recognised such rights; Otherwise
Whatever concessions she might then have been
disposed to make, she would not have acquiesced
In the demand for indemnify, if no previous right
was acknowledged to eXist-and therefore it may
he regarded not as creating, bat as acknowledge
ing nights previously eXisting-so that, accord
ing TO MIR. Buchanan's own shelving, the war of
100 ala not and could not, destroy the sovereign
rights OF Great Britain. But apprehend that
whether these sovereign rights of Great Britain
existed or not, prior TO the Convention of $780,
they being then recognised and established, could
not have been abrogated or annulled by the sub
segment war OF '96, except by consent or conces-
sion.
But hear Mr.. Buchanan again he finds it me-
ceSsaIy to deny that the treaty. of 1890 was eo,,
merc'nI treaty, for if ii were, then il was revived
ny the treaty OF Madrid in 1914, which declared
that sail treaties of commerce which at that ne
rod, NI96) suhssted between the two nations.
being hereby ratified and confirmed - and he pro.
ceeds to say: "The ''grant Of making settle
mems, "Whether unders God III its broadcast or
most restricted sense, relates TO territorial ac0ui-
@i6n, and not to trade commerce in any i'm
aginabie form. The Nootka Sound Convention
then, cannot in any sense, be considered treatv
OF commerce, and was not therefore revived bv
the treaty of Madrid of 1914" But then. if this
be So the other alternative presents itself; if the
Nooka Sound Convention was not commercial
treaty, but Convention which contained full
recognition OF territorial acquisition and teryjtori-
al rights, how could the war of 90 or the treaty.
of Florida in 1919 deprive Great Britain of her
rights thus acquired and acknowledged in 1900
And yet this is the claim now for the first time
set up under our Spanish title to The 1ohole nj Ore
gon as ''clear and unquestionabe," which is 70
justify refusal on the part of our government tn
compromise the question, or to arbitrats il bur
which, at the bidding of Mr.. Polk, is to p,nnoe
us suddenly and rudely into Il war, with the most
powerful adversary could find on earth. and
with nation between whom and ourselves, from
every consideration that can present itself. IN !,
| 70 nd no kon IL c.y