The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-18

w OF the mouth OF the Columbia riyef and came TO
the conclusion, his own language, that mo
such river that Of ST. Roc exists as laid down IN
the Spanish ehsrts."-Yoyages, &c, John Meares'
esq, page 1868
gagged on the northwest coast, Intimately con
hected with the claim of Great Britain to a right Of
JOINT occupancy in respect TO Oregon, trust II will
not be deemed superauous If examine them some
what IN detail.
Before making the explorations above referred TO-
Mesres had landed at Noolka sound, and lef par
! y 10 build small vessel. lie had for lrhing con-
sideration obtained the grant of "a spot Of ground
from Msquinna, the king Of the surrounding coun-
try, 10 build house for the accommodation Of the
party. The occupation was ayowedly for a tempo
rary purpose, and he had stipulated with MsquEna
to restore the possession 10 him. when he (Meares
should finally leave the coast. In the autumn OF
the same year he left Nootka sound with his vessels
one of which wintered in China, and the two others
in the Sand witch islands, should have before OBJ
served that he arrived at Nootka sound with two
vessels the Fejce aud the Sphgeniai and the third,
the Northwest America, was built there during the
summer. In the meantime the Columbia ard the
Washington, two American vessels from Boston,
entered the sound and passed the winter and
from all the testimony relating 10 the sub
Jeet, there is no doubt that the lot occupied
by Meares abandoned restored To Msquin-
ma IN pursuance Of the agreement between them.
During all this time il is 10 be reeollected Meares
was sailing under the Portuguese flag; and il is curl
Gus fact, that he carried with him instructions
pei by force any attempt ON the part Of Russian,
Spanish, or English vessels to seize him, or carry
HIM out OF his way. He further instructed, IN
case he was successful in capturing his assailant TO
send the vessel 10 China TO be condemned and the
crew TO be tried as pirates; and yet, sir, nowith-
standing he was sailing under foreign flag, with
orders TO treat his Britannia msjesty's subjects a.
pirates in they molested him, the British gov
eminent does not seruPe to found its title Oregon
on his yoysge.-APPendix to Meare's Voyages,
Papers No. /.
/. Though the vessels Of Meares sailed under
the Portuguese flag and under the name ola Portd-
guese subject he asserted in his memorial that the
parties in interest were British merchants. desire
10 state the whole truth, and therefore give a fact
have not seen noticed At page l73 Of his voy-
ages il will be that he took possession Of the
straits Of Juan de Fucs, in the name Of the king
Of Great Britain, in July, 1888. But indepen-
IDENTIFY Of the objection TO claims founded upon the
transactions Of an individual, who, under the most
favorable view that can be taken Of him. had sought
the protection Of foreign flag to perpeIate frauds
on the revenue laws Of China, this unauthorized
act OF taking possession under such flag pre-
coded many years by similar fomalities the part
Of the Spanish nsyigators, under express orders
from their sovereign The two-fold character which
Meares united in his person, certainly gave him
manifest advantages, both as trader and disco
yerer He was Portuguese captain when defTaud-
ing the revenue laws Of China for the benefit Of
British subjects, and British lieutenant when en-
croachng the territorial rights of Spain for the
benefit OF the British sovereign.
On the 9Th Of May, 1889, Martinez a Spanish
naval commander, with two public armed vessels,
entered Noorka sound with instructions TO assert
and maintain the paramount rights Of Spain to
the place, and TO the adjacent coasts. The
lphigenia, and the Northwest America, two of
Meares's vessels had returned from the Sandwich
islands, still sailing under Portuguese colors and
arrived in the sound on the Goth Of April six.
teen days before Martinez. The Northwest Amer
lea sailed eight days afterwards trading voyage
and the lphigenia was a short time subsequently,
seized by Martinez, the ground that her nstruc-
tions were hostile to Spain. She was however,
soon restored, and continued to trade under Portu-
guese colors--a fact which shows conolusvely that
no claim can Justly be set M by Great Britain on
the basis Of his voyage to Nooka, and his Temporal
ry establishment there. The Northwest America
also seized, for reasons not directly connected
with any question of sovereignty, and was employ
+ ed for nearly two years in the Spanish service.
In the month Of June, 1888, two vessels, the
Argonaut and Princess Royal, sailing under British
colors, arrived at Noo,ka, and were seized by Mar
tnez. IL is unnecessary to enter into the details of
this transaction. IL is sufficient to say that il led
to an animated discussion between the govern
ments Of Great Britain and Spain in respect their
rights the Pacific, and the western Of Amer
a war between the two countries, but which was
finally terminated in October $780, by the treaty Of
the Escurel, the Nootka Sound convention, as il
is more frequently denomnated with Before the
| negotiations concluded, both vessels were
voluntarily released by the Spanish authorities in
Mexico.
| As the Nootka Sound convention constitutes an
essential ingredient in the claim of Great Britain, it
will be ssary to advert to such of its provisions
as made the foundation of her title to the quail
fled exercise Of sovereignty which she asserts over
the northwest coast Of America, and to consider
them in connexion with the circumstances under
which they were framed. The articles which relate
particularly to the question under discussion, the
/ LIST, Sd, 5th, and 9th.
i The lst article provides that the "the buildings
and tracts of land situated the northwest coast of
| the continent of North America, or on the islands
adjacent to that continent, Of which the subjects of
his Britannia majesty were dispossesscd about the
month Of April, 1889, by Spanish officer shall be
restored to the said British subjects"
The Sd article provides that ain order to strengthen
the bonds of friendship, and to preserve in future
perfect harmony and good understanding between
1 the two contracting parties, 1t is agreed that their
respective subjects shall not be disturbed or modest
ed, either in navigating carrying on their fisheries
in the Pacific ocean, or in the South seas or IN
landing on the coasts of those in places not al
ready occupied, for the purpose of carrying their
commerce with the natives of the country, or of
making settlements there; the whole subject never
theless, TO the restrictions specified in the three fol-
| lowing articles"
The 5th are provides that las we'll in the
places which 10 be restored to the British sub
ects by virtue of the first article, in all other
parts of the northwestern coasts of America, or of
the islands adjacent situate to the north of the parts
of the said coast already occupied by SPAIN wherever
the subjects of either of the two powers shall have
made settlements since the month of April, 1889,
or shall hereafter make any, the subjects of the
other shall have free access and shall carry on their
trade without any disturbance or molesation."
The 9th article relates to the coast of South
America but it has an importance in containing
dehnitlon of the erections which may be made, con-
| fning them to such as may serve the purposes Of
fishing; and the provisions Of the third article are
expressly declared to be subject to the restrictions in
the three following articles, Of which is the 9th
now proceed to state some facts in respect to
this convention, and to draw from them some con-
illusions at which | arrive with some difidence
The facts shall endeavor to present with rigid
regard to accuracy. II my conclusions are errone
Gus, the better judgment Of the Senate will correct