The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-09

objects, incidents, and history have been so graPhl'
cally deiDeated by Irving in his admirable work,
astoria" IL was the valley Of the Columbia, the
key Of which was Port George, commanding the
mouth OF the stream, This was tho country whieh
Great Britain surrendered 10 US under The treaty OF
Client and acknowledged our right 20 retain posses
sion or until the question Of title and limits should
be amcably adjusted; and that, too, only fourteen
days prior to the signing OF the treaty OF JOINT oeen-
pancy Do these facts show that the joint oeeupa-
ton was agreed 10 a substitute for war, and that
immediate hosulites would have ensued, IL II had
not been adoptedi Or rather do they not prove
that but for the joint occupancy, the United States
would have been in The exclusive possession OF the
valley of the Columbia from that day until the
present moment, with the right, secured by treaty,
to continue IN possession until the adjustment OF all
conflicting elamsi But, unfortunately as ] con-
eeiye, and make the remark without intending any
reproach, our government thought proper to
enter into the convention Of the ooh Of Oeio-
Der, 1913, usually called the treaty Of joint
occupation. IL was intended as mere tempo
rary arrangement for the regulation Of certoin
interests connected with the northwest coast, and TO
prevent disputes and difficulties between the citizens
and subjects Of the two powers engaged in nsviga-
ton and fishing, trading and hunting in those Wild
regiops. The neees s,ty for this arrangement was
supposed tn consist in the fact that vhile We were
snl,lled n ths sslsy 81 shs 0csusuoss wsfUut my
defined limits, Spain and Russia owned the country
10 the northward, and England was setting up an
adverse claim against Spain, and was disputing
the boundaries IL not the tile, with each. II should
be borne in mind that at that time We had not ac-
quired the Spanish tle and therefore had no other
title than that derived from the Louisiana treaty and
priority of discovery, exploration, and settlement OF
the valley of the Columbia. To compensate, in
some degree, for its disadvantages, the convention
was sufficiently broad in its terms 10 convey many
advantages, il we had been sagacious enough to
have svailed ourselves of them. Il applied not only
TO our territory in the valley Of the Columbia, but
conferred upon US, as against Great Britain, the
right Of Joint occupancy TO the whole country west
Of the Rocky mountains as far north as the Frozen
ocean. Independent Of the question Of title, we
have the same right under the convention TO form
establishments and settlements on Portland channel
and the shores Of the Arctic sea, that England has
on the banks Of the Columbia, the Snake, and the
Umpqua. The convention covers all "the country
that may be claimed by either party on the north
west coast Of America westward Of the Stony noun
tains;" and provides that il is "well understood that
this agreement Is not to be construed TO the preu-
dice OF any claim which either of the two high con-
tracing parties may have to any part Of the said
country; nor shall II be taken TO affect the claims
Of any other power or state to any part OF said
Countrywide only object of the high contracting
parties, in that respect, being to prevent disputes
and differences among themselves"
The reference TO the claims Of any other power or
state evidently alluded TO those Of Russia and Spain;
ed to the country called Oregon, and those Of the
latter were purchased by the Florida treaty. have
already remarked that this convention was intended
mere temporary arrangement, without being
construed TO the prejudice of either OF the contract
ing parties 1t was foreseen that the country and
the interests connected Herewith must necessarily
undergo such great and rapid changes TO require
corresponding change in the regulations for Its gov
eminent. Hence the provision that the convention,
by its own limitation, should expire in ten years
from its date. At the expiration Of the ten years
the two countries would have been placed, in re-
spect 10 their rights, in precisely the same position
they were on the Goth Of October, 1918, or that
they would have been, had the convention Of joint
occupancy never been entered into; that is to say
the United States would have been entitled to be
nstated, and have continued the party in possession
while negotiating for the settlement Of the title and
boundaries. A different course of policy, however
prevailed; and, by the treaty of the 9th August
1897 the convention was continued in force for
indefinite perod-reserving the right to either party
to terminate it at any time by giving to the Other
twelve months notice. The, second article is in
these words:
tracing parties in either should think fit at any time
after the goth of October 1873, giving due notice
nSrass,e shi. convention; and Il shall in such cass be
accordingly entirely annuled and abrogated after the
pration Of said term OF notice"
Let US pause for q moment, and inquire what gen.
tlemen mean when they deny our right TO give this
notice as peaceful remedy. Can language be more
explicit Can a right be more clearly defnedi is
not the right to give the notice and abrogate the con-
vention distinctly secured to each party by the
treaty itself, in terms which admit Of no doubt oil
equivocaiioni How, then, can it be said, with any
appearance Of pausblty, that the notice will be a
hostile neutrality-suspicious. TO declaration OF
war; Whether war will ensue, will not pretend
TO say. That Is entirely a different questionable.
pending, not upon our action, but on the wishes Of
Great Britain. If she chooses to consider the exer.
else Of an undoub,cd right our par, cause Of
offence to her, the fault will not be ours We have
her own acknowledgment of our right to give the
notice; we conceive that our interests require the
| immediate exercise of this right but we are
told that we must be cautious how we
perform the duty, lest Great Britain may
treat it is a declaration of war. Whether she will
take offence, is matter Of no consequence with ref
erence to its producing any effect on our action
The question is not whether she will be offended
but whether the measures we are about to adop
will afford any anyjnsi cause Of offence not whether
she will declare war, but whether the exercise o.
an undenable right will furnish any just cause O
,rar. If it will, we ought to pause and consider
well before we proceed. But it is no argument
against the measure to say that Great Britain vii
choose to make n rghtfu act pretext for a decla
| ration of war II is incumbent on gentlemen who
maintain that the notice is hostile movement, Il
| show what treaty stipulation II would violaie-wha
principle of the law Of nations il would infringe
what established right il would involve. No at
tempt has been made--and, apprehend, none viii
be made--to point out the right, the treaty, tn
law to be violated by it.
Having, "a think, satisfactorily shown, by refer
ence the treaty itself, that have the right Il
give the notice and annul the convention al
peaceful remedy, ] now propose briefly to inquir
what will be the effect of the measure, not only OF
the rights of the parties, but upon the amcabe re
lations Of the two powers When the notice sha
have been given, and the convention terminated, tn
United States and Great Britain will occupy tn
same relative position to each other that they di
before the convention OF 1918 entered into
The third article Of the treaty Of the 9th Of August
1927, is conclusive on this point 1t reads thus,
Art g. Nothing contained in this convention in IN
third article Of the convention Of the 10th OF October 1911
hereby continued in force, shall be construed impair
anu manner affect the claims which either ofhe conacn
parties may hsve TO any part Of the country westward
the stony or Rocky mountains"
This article is based on the supposiuon, that j
the course Of time the notice would be given by on
party or the other and in that event. it provides tn,
the two parties shall stand, in respect TO their right
and claims, in precisely the position they were o