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And ye British Pi Powerful tains a co ke must i such defei place, is tl , And th at« respo man pow€ mankind, '^fluence un must our consumme i tbem. My moi contributic ai^ument i Sute, in ^ pursued b] of the day. Accusati Irespectablc fmeasures i I under con: erritory o oming fro snguage i by membei may f ourse IS ji I not the De and rej I I select, j . t>rtion 01 brk papei OREGON AND THE NOOTKA CONVENTION. SPEECH or MR. ROBEIIT DALE OWEN, OF INDIANA, DELIVERED IN THE HOUSE OF REPRESENTATIVES OP THE UNITED STATES, JAN. 28, 1844, VINDICATION OF THE COURSE PURSUED BY THE GOVERNMENT OF THE UNITED ,« STATES, IN .RELATION TO THE TERRITORY OF OREGON. Mr. OWEN said: Edmund Burke, when a member of the British Parliament, was once asked, why minisleus, when, in any case, they had a well ascertained majority, did not press the question at once, without the trouble of discussing its merits. "That has been tried," was his reply; "but it would not do. The Yninister who should persevere in it would soon have to ^o out." And yet, there is no direct responcibility of the British Premier to the people whom he governs. Powerful he is; absolute, almost, while he re- tains a controlling majority at his beck; but still, ke must defer to public opmion; or, if he neglect such deference, loi«s of power and degradation from place, is the spedy penalty. And thuSj wc of these United States, while we at« responsible for our acts as a nation to no hu- man powur, must yet defer to the public opinion of mankind, if we would retain our station and in- fluence among the nations of the earth, not only must our public acts be justifiable, but, before we consummate, we must take the trouble to justify them. My motive in rising now is to furnish siich small contribution as I may to the mass of evidence and argument so ably supplied from our Department of State, in vindication, to the world, of the course pursued by our government, on the great question of the day. Accusations of a grave character are brought, in respectable quarters, impugning' the justice of the measures recommended by the President and now under consideration by the House, in regard to the rrilory of Oregon. I do not speak of charges ming from foreign and interested sources; but of nguage used by the press here at home, and y members on this very floor. Weof fhe major- y may feel exceedingly well satisfied, that our urse IS just, and these charges unfounded; but it not the less an imperative duty to defend the e and repel the other. I select, as a specimen of the ground assumed by Iportion of the press, a paragraph from a New ~rk paper of good standing. Speaking of our ti- tie to Oregon, the Journal of Commerce, in an edi- torial of December 25, says : " The evidenne, even as far south as Toliimbia river, ii not all on ont- side, by a great deal. And when we come to latitude 4'J, the Knglish claim is better than our own." If this be truQ, then the President lost sight of right and justice, when he adhered to the offer of 49 as an ultimatum; and Mr. Pakenham was justified in expecting from our government some " further proposal more consistent with fairness and equity." And, when some London journalist triumphs itiy quotes against us such a paragraph ns that, drawir from the pages of one among the leading periodicals of the Union, he will find, in further aid of an argu- ment about the reckless and grasping ambition of these State's, certain resolutions touching war and Oif gon, offered at your table, not by some young, rash, hot-headed partisan, but by a member from Massachusetts, [Mr. WihJTHROp,] both able and ex- perienced, a gentleman whose tulent and standing no one disputes. The second of these resolutions declares: "That it would be a dishonor to the age in w liich we live and in the highest degree discreditnble to both the nations concerned, it they should sutiUr thcmselviifi to be drawn into a wai' upon a (|uestion of no immediate ur practical intereit to eithc r of them." An eminent British statesman once said, that •■* as we ought never to go to war for a profitable wrong, so neither ought we to go to war for an unprofitable right." There is much good sense in the maxim ; and the gentleman from Massacliusctts doubtless considers it slricdy applicable in the prescn aae. The direct inference from his resolution is, in the first place, that the right in dispute, if indeetl it be a right at all, is an unprofitaole right; that it is of no practical importance whether we cede to England a. part, or even the whole, of the territory lying south of 49 and north of the Columbia. He esteems it our imperative duty, rather than resort to war, to make some compromising division of this disputed tract. I will ask the gentleman to take map in hand, and answer me a question or two.^ It avails nothine to talk vaguely of tome compromise. Let him teU me what compromise, beyond that already offered, he suggests. If he recede but half a degree south 1 '^i i " }iii of 49, he touches already the straits of Fuca, the ] tlie first mnmeiil of negotiation aha contended forj antrance, and the onlv cntrai^e, to Puget Sound, if theue; to the very lant she has adhered to her pre- he abandons to En»:land but one degree out of the tcnsiuns. And whenever the dny comes, if come three, which apan this debatable land, the line cuts it docs, when she shuil reiinmiish to ua that master us wholly off from tht-se straits, from Admiralty In-1 k^^to the <",innierce of the Columbia valley, then] let, and consequently from Puget Sound; we might I will a fiivuritc ;»nd lori;^-cl rrished plan of hers fall as well take the line cif 47 i\i once and surrender [ to the ground: tlio pinn o*" settling, with British that Sound altugcliuir, aa tu cede its sole entrance 8ul)jectH, (|iiir:ily but rxclui^ively, this district of If we cor lat whi< Sir, if ^here a lis reano and exit. Is this, tjien, the gcnlloman's iroposition? that Engliiiid aljouid have the liarliors of Pugi l; imd thai it is of no praciicol importuncc, whethiT she has Ihem or not' Let Captain Wiiko.>, cxccjil for very small vi's- sols."— Ko/ rv., p. jM. And again: "No ports exist iiloni? any p:'rt of Iho (out of Orc;?oii. south of the (^nlmnbiii llivc.r, thnt wo acccfNi'ilo to any class of vi'.;st'ls. I'vrn Ihosi- of but very uniall drduirlit of water."— J',)/. I'., p. ll.i. Ab to the inftuth of tlie Columbii^ ii.self, whicli, for so many years, repelled discovery, he tells u^: "Mer'> (li't-n it have upoki-ii of thi' wil'lno^p i>lth« sronn, tlii^ iucd.ipniit roar of tKo umIimm, Teprcsi-ntiri'^ it iis ono of the most fearful sights that can oieet thu i ; c of a sailor."- ^'o/. ir., ;,. -i'xi. The surveys make by Wilkes have already grent- ]y dimi.'iifrlieil these dangers; but yet it must re- main matter of grrat doubt, whether the mouth of the Columbia can ever be used, throughout thelern roiiiifry. A (li.ttkni^iii'iied gentleman from South 'H quoatio Carolina [Mr. UiikitI seems to perceive no evi- the partu demu;, or datigf r, <'\' any .si;!'!! plan. 1 ask liim, in longings it to go tor notli'n-^, that wliile Hcven thousand iire ahou AmericiiM citizens have already settled south of the plea to ju Columlna, not one, ro i!r)i even on?, has found « tereats sc home north of that Htrt am? Are we to pass over, conclusio as of no serious import, the fact, that the Hud.'on Beverhav Bay Conijiaiiy dfliivratcly, if without viohmce, in- In a sp duce tilt! removal, to wliat they call the American kit ua ap side of ilu: river, of cvtay citizen of these Stale.i Bow pend who attempt.^ a settlement on wh*' lliey persist in tribunal callin;^ ill IJriiish ."■tier' Must lie have stronger ciplea of J portents 3ii!l? I can f'lrMi.sh iliem. The following Own; let paragraph is from Wii'esVs narrative: Father tha "As the cli.irtfr of thi^hnl^on I'ay Conipany rreclud*'. ' , thi'ir t!'^-a!fiii;z: in nvur-ciiltmal opiT itioiis, nnothcr Cam •'PPOncnt i piny h.isbi ca 'I'JCijiiv I nnlrrfli" title i>( t)\- I'uijct Sonmi pregnable t'oiiipany, and I'.i oiiir-TS aie e\.;l'isiv(ly clio«en froir put to mu( H'lioii^ lliiMa." ' • "I'lie capital of the I'ntfet .Souni »„„_ ap]F. ("tiipaiiy i.^ .C'tio.n.in; (fi'.-.n is, a'.i.mt two inillioiH and . * ^ ' half oi i!'iliarK ) "Jbe opf rations of the (onipany are, !• pient of n eoiiFe(|nence, lir:; •: thiy l>i':?'jn liy makinij latiye imporhi •ur favor. tii)n,s of stoi'k from 'alilornia, and .sonii' of the l/ost breedi < £nglanc of-attlt Ironi i.ii';-ia;id. 'I'li'^y h:ive «l>o entered into farn: ^u.-^j in^ oaancxteoMVi' Hv-.iU'.r iic.-ynl. ir.v. 'i-iS. fuunuontu settlement: tr f annus sea.so!i8 of the year, as a general port of en- trance for vessels of every draught. On the other hand, all navigators, from Vancou The Pu^rt Sound Company, observe; 'f^'^''" ^en^ T^jigij^j. jj! re of oprration.^ being Fori Nisqually, at the south- v.. _,i„„ • ! !rn exticiniiy of the Sound; the very pomt at which «i,g gj^.u in nil proiiabiiiiy, a line of cotnmunication hence tf Jcclarp China and the ivist liidicH, would terminate, ancT,, Ihe consecpifiiit point of embarcation of the Asintii Ter to Wilke.s, concur in testifying to the safety of j trade; the INcw Orleans, in short, of the Columbi the entrance to Puget Sound, and to the value of its | valley, with half the world directly open to the ves- and sheltering' in sel According to what code of logic or mor-i 's no storm in the air. Then may the patrol slum ala does it become our imperative dutysubmLseively ' berin security at his post, even when the enemy to give way, for this only reason, that she chooses cannon give warning note, that he is advancing, it pertinaciously to insist? | ma.ss, to the onset. See, in her very pertinacity^ the proof, how well '■ I pass to the second proposition of the gentleman she estimates — how differently from the gentleman frot" Massachusetts, that if, under any circumstan from Massachusetts, [Mr. Wintiirop,] or the gen- ces, we suffer war to arise, we thereby bring di* tieman from Virginia, [Mr, Pkndleton] — the value credit on our country, and dishonor on the age i: of this disputed tract and its magnificent harbors. | which we live. She ik experienced; she is far-seeing. She looks to I Discredit I dishonor ! strong terms ! I have i- practical results. On the table of her cabinet lie ready shown, that we contend for no trifle, for ti( Minute topographical surveys of the straits of Fuca, unprofitable right. The only remaining coniingen «f Admiralty Inlet, of the harbors of Puget. From cy under which such charges can justly apply, iJ "TheNoot: pnipletc ton He argur jard to til 'It must he ^hlR, an adi not to t( ! set aside b lem." In so far torial rifrh \>Qve view. ^tion, Engl any rone ipulaiions |ve. •Now, tak rpressly a{ kese in ihei lidelueidati contended for red to her pre- omes, if come 118 ti»at master a valley, ihen iin of hers fall , with British liis district of if we contend for that which is no right nt all; for at which is but a profitable wrong. Sir, if there be a situation in life, public or private, here a wise and just man wil! net jealous s^uard on is reason, it is, when he bends its powers to decide tifrom South » question of disputed r- lit, to wnirh he in one of rccive no evi- the parties. The best of us are but men. Our 1 ask him, iis Jongrings tin»e our judfi^mrnts. Thaf which we d«- ;ven thousand pire should be, how readily do we find, or frame, a ;d south of the plea to justify ! When our wishes urge, or our in- •, iins found « terests "solicit, how prone are we all to rush upon to pnss over, conclusions, to whicn our unbribed reoMon would It the Mucison never have assented ! It viobince, in- In a spirit of scrupnloua sclf-watchfulnoss, then, I the American let ui approach this question. In the great causo of these Stales Bow pending between us and Ena:li«nd, before the lliey pfjrsisl in tribunal of the civilized world, let us adopt the priii- liiive «irongei Ciples of her declaration ratlur than those of our Tl»e followini own; let us take the testimony of her witnesses, ,. '' rather than of those it is our equal privilege to sum- won. And if, even out of these materials, of our 's'''''"otyi''r ('om opponent's own selection, wf^ can still erect an im- i)i.-"l"'ii?tt Smuui pregna!)In title, not only to what we have claimed commentaries thereon, I assert, broadly and positive- ly, that this very document recognises in Spain — and consequently in us as Spain's asBl;;ncc — an abso- I.MTK AND UNDIVIDEP RICIIT OF TRRItlTORV, I'P TO THE LATITTIKi: Ofi' FORTY-N'INr. AND A IIALr: and, IN BOTH NATIONS, A JOINT RKiHT OKSKTTI GMENTTHENCC TO THE HOVNUART SINCE Ar.REKD UION WITH Rc8- SIA. I repeat it: by the Noolka Sound Convention, England wholly abandons to Spain nil territorial right south of latitude forty-nine and a Imlf; and acknowledcjes in that country equal rights with her north of that parallel. As to »he pccurary and justice of this view of th^s case, I submit it, without one doubt as to the result, alike tu scrupulous friends at home, and to just-mind- ed enemies abroad. If to the learned gentleman from Virginia, [Mr. B*ti.v,] who did not allude U) It yesterday in his arirument on title, or to n»y one else, it .swm overstrained, his attention 1 nsk to the proofs I am about to adduce. Let him aufler me, in the first place, to refer him to an episode io British history, instructive in itself, ns a specimen n of the Asiatii the Columbia ipen to the ve* And this Pug« I right, and tht ral aettlementF d; settlement spread out r'y banks of tht ut tomurli that we have otTered in relincjuish, then j of flie temper and policy of that powerful govern- the I'ligft Souni |yp„ self-jealousy may be aati.stied; and the judg- moot, and especinlly interesting in connexion with """'""''""''.; *(ient of a candid world must, iteitbice, be given m her diplomacy at the present day. m{ lutije imporii. f ur favor. ! " was in 1790. William Pitt, the ablest of tory if'ihclest l)rifil! : England, pending this rie<,'otiiilion, has virtually I .statesman, the be.it friend of negro fitedom in Eng- <)it(Mi«dintofarn; |||j^^jjf,j,g(j j,]| pli^jpjj, f(,,,„,jj,j Qi, ji(,(.()^,pry or prior ' liifid and of feudal slavery in France, — Williaai . 3:i9. settlement; (I very sutlicient proof, th.U she does not j Fitt was prime minister. In May of that year, a erve; their cen. ^i^gjjg,. d^pu tenable. In the official statement by ! royal message declared to Parliament, that certain y, at the south- ||g,p|g„jp^((.p[ ^ies, apiiendcd to the protocol of , British vessels had been seized on the northwest, point at which ^g gj^j^f, contti nee held in December 18*.2t), they ' coast of America, by a Spani.sh offii;er. and that a ication hence tc I,,^]j,fg. j demand for pati.sfaction had been fruitlewsly made 1 terminate, anc T ..^r^at,,v^f ^^^^^ n,aj. ],av,. wen, howevor, either on (lie I upf " Spain. The message therefore loconiaiendei rt of (Jreat nritm.i, or on the lart ol .spuin. piinr to thi; ; vigoi'ou.'? preparation for War. nvention of i:9'i, it wa'i. fium th.-.ice loiwiu.l, ;,<, /-iHtr,- j ']„ confirmation of this alleged outrage on the British flag, a memorial was, a few day.i afterwarus, presented to Parli.iment, signed by one John _,.. •-• , 1 ., 1 1 1 Mearen, commander of the vcsselt:) in niie.stion, in This proposition, ;: U l.e admitted, narrows down ' ^,,i,.,, ^e stated, that he had re;..,l.cd Noolka, on a e whole controversy to a very simple point; to an j tiding voyngo, in 1788; that he had then pu.cliased amination, namely, ot the '-text and stipulations" f,.,„^, Maquinna, the native chief, "a spot of j-round the con ventionm question, as the only )u.t8>mn:e,,yl,c,p„„'j,„ ^^-^^^ ^ j,,,,,^^ f^^^ \-^ ocnwMo.u.l re»- title, in either nation, to territory on the North- I i,,^,,,,,.,, ,,,^( j,^ afterward, proccided to Cl.i.ia; and itrv be? HoM ^^^/ *^"'*''''' . , , i .i • i-. .• j in 1789 sent two ve>sels to the north west coas:; that if she would « "'='"^'" '" "'-hitration, by any one of the Kings ard to this Convention, that °' »^"'ope, to be chosen by England; but the Brit- ish Government, not then as much in favor of that "It must he rorisidered as .in acknowle.igment of .xi.ting j ^ode of settling a dispute as now, refused all arbi- tration and hastened her military preparations; setasiMeby ii cessution of fiienilly tx-iiitioin l)'etwpen ' equipping, by incredible exertions and at a 'ost ol' l»*">" j fifteen million dollars, seventy ships of the line in In so far as the Convention actunlly recpgniaes ter- \ five months. Spain, in this emergency, apjilied for torial rights, then exis/in^, there is force in the j aid to the National Assembly of Franee; and iVfir.i- l)ove view. And, at ail events, after such a decia- ; beau reported in her favor. The language of l.ia ^tion, Engl , id is for ever barred from demurring ' report might almost be auppo.sed to have supplied a text for use in our own day: any eonclosion, to which, following the text and ipulations of that Convention, we may justly ar- Ive. I Now, taking the words of that Convention thus rpressly appealed to by (ireat Britain, interpreting kese in their plain and obvious sense, corroborated lidelucidaled by the most authentic coteinporaneous 'Shall we Jo so much injuttice (snid he) to the rharacter oftwo t'nlighteiie I natiuni!, as to suppose they woiilil lavish their Mood and treasure for the acquisition oi eo 'iiv.aut, lo barre ii a spot of grou iid ?" With many high corfjpliments to England the report concludes, that Spain nm.it not be ittsertcd. 4 at 8 moment or danger; and, accordingly, the Aa- lembly voteth, and Gih. The fouiih article pn)hil>its British subjects from navi<]^atin^ or fi:i5lly iiDsses.Td; and '^already occupied," that is, at tliedare of the convention, to wit on the 28tli Octoljfir, 1731). That Nootka, at that dale, was "alrciuly occupied by Spain" no one pretends | JVow/' to deny. It is a factt stablished, indeed, by Mcares' j^^^ memorial itself, thai it had been settled by the Span- iards eighteen months before. And it remained a Spanish settlement, os we shall see, for more than four ycius aft** wards. But t!)e I tiitade of Nootka is a little north of/o»7y- fiine and a hulf. It follqws, that by that very Con- vention to \vhi«;h the British commissioners appeal. in which they profess to discover the sole authentic source of all territorial rights on the Northwest Coast, England has not a shadow of a claim south of fvrt^'^wxc and a hulf, and but a joint right of settlement north of that latitude. la this H new view of the subject? a new inter- pretation of that Convention and the reciprocal rights it confirms.' It may be new to many members of this House. It may be new, even, among . the arguments cdled forth by the ne- gotiations on this subject; for our negotiators, not admitting that the Nootka Convention is still in force, may not have deemed it necesaary acrupuloualy to test the bearing of its proviaiona. It is not new to England, no matter with what akiU ful ingenuity she has hitherto kept it out of aight. To the British Cabinet it is nearly us old aa the Convention itself. It is raiablishe'l by that com- mentary on the Convention, of all others the moat authentic, namely, the debates in Parliament occur- ring but a few weeks aflcr its signature, and grow- inofout of the usual motion for an address of thanks to the King, nn the occasion. In the Lords, the Duke of Montrose moved the vote of thanks. How does this apologist of the crown construe the rights accruing under the Con- vention' Hear him: "We are not only restored to Nootka, hut wr may parlici- pale in it iiKiir ninihu-n sriilrinriil. if we ,Kliotild find at any iimi% th;it a mon^ northern situation woul.l be preferable for thiuiarrving on of the trade." — I'lirliimenlani lliitory, iul. '2a, p. (m. In the Commons, the mover of the address did not even allude lo the acquisition, by the Conven- tion, of any territorial tights whatever; but a cer- tain loyal Mr. Smith, who followed him, boasted, in the exultation of his heart, "Th;it the ivlnilr moat of Piiurf If'iHinm Snunii was free for us to settle nn, no plitee bt-inir occupied there by a Span- ish colony." -i'a)7.//txf.. i o/. -K ;>. 9»0. Prince William's Sound lies in .ttxft/ north latitude, more than seven hundred miles north of Nootkn. If Mr. Smith were Ftill alive, he would have to set- tle that claim with the Russians, not with us. But the chief debate in the Lower House, and that which is decisive of the entire question, was between the tv/o rn inter spirits of the day, FoX and Pill. To It I invite your sperial attention. Mr. Fox, whose palriutism no man ever doubted, first makes a concession of the greatest importance to Spain. He said: "lie was as much a friend to the claims of Spain, sanc- tioned by tlie treaty of L'trecbt, us •'.ount Florida Blanca, or any Spanish minister, beraus- ihry were fuvndril in jxtslicr. 'I'heso weie', riu rir/Kvjre ?fi;Af of teirilnri/, navigation niul commerce, on the seas and coasts of Spanish America. The alisurd and extrava){ant claims ^rose fvom e\t«/nding the lerni S|)anish America, lo .sun miit ctiauls v.here ypiiin liadtio n'Klit of occupancy, 'i'o what did we object before, liat to the in'icfinite limits ol Sp.mish An. 'ica? The objection xiill reniaintid; for tlie limits ot Spanish America were still undefined."— p. !t91. Following up the same argument, he adds: •'Where our admitted ri(?ht of settlement on the North- WK.si coast commenced \\ as completely undefined. If il was said iit Noolliu, wi: did not know lliat Xuolka uould Ae »«- Ihid. And again: "Thil'; we had s^icfi vp alt ru-l\t to settle, except for tem- jiorary purposes, tn Ihr ^nuth of ll\f. Spirnish srtlltmenli. nr in lir intrn-alr, httwtrn them, if' they Itappeniid lo be distant We had ubtnitii .'1 an adnii'i.iiuii of our right to settle to thr north, and evi-n that wu had not obtained with clearneiii .■Ks Spanish f» ttlements were the only mark of limits, sup- pose we were to meet with one farther to the north than we expected, and a dispute were to a rite, whether it wii new or old, it would be some ililBculty to send out ow builders to decide, ice.'"— ;i. 9'J5. Such were Mr. Fox's interpretations of the con- vention. Will it be argued, that they are but th( opinions of an ojiposilion member, however dis- tinguished for probity and ability ? But we havf the reply of Mr. Pitt, officially recorded, to prove, what was admitted, and what denied, by the British cabinet. I will ask ivy fellow-members to read thatapeecli of Mr. Pitt, us they will find it in the "Parliamenta- ry History of England," from the first word to th« last. dictii byh Fox tory •tipu denii 8erte( resto if su( limit silem Mr. I Ureal or pe over Britis mferc "evoi edgme d it necesaary its provisions, vith what skil' it out of sight. ^ as old as the 1 by that com- ithers the most rliamuiit occur- ure, and erow- Iress of thanks 'ose moved the polngiot of the under the Coii« lit we may partici- hoiild litid at any 1,1 In; prfferable meutanj ]li$tory, he address did ly the Conven- !ver; but a cer- J him, boasted, Unund was free I thtTi; by a Span- y north latitude, Drth of Nootka. uld have to set- wiih UH. ler House, and 3ue8iion, was ay, PoJt and ;ntion. n ever doubted, teat importance of SjiRin, sane- 01 ida Blanca, or vrnlrtl in juslicr. uavifftition niiil h America. The fxtwiiding the ei'e l''/iiiiii had »lo ct licfore, but to Tlic objection niuricu were still he addq: on the North undulint-d. If it lolka iiould ht rt- except for tern- s''/^/* men'*, or iiiid to be distant lit to .iftth- to thf "^ with clearneis ;v' of limits, sup- the north than !, wh«therit wai to Kund out oiu } ns of the ron- | ".y are but thf | however di«- * But we havf * ded, to prove, by the British :ad that speech "Parliamenta- It word to the last. They will find there not one syllable comra* dieting the assertions made, and inferenccH drawn, by his great rival, in the forejgoing extrnctu. Mr. FV)X had said, that Spain's claim of exclusive terri- tory in Spanish America was sanctioned by treaty stipulations and was founded in justice. No denial of this by Mr. Pitt. Mr. Fox had as- serted, that either Nootka, if indeed Noolka was restored, or a yet more northern Spanidh si;tt!*MTient, if such nIiouIu hcrcuftcr be found, was iho ninrK of limit on the north, of Spanish America. Mr. Pitt's silence admits the accuracy of this interpretation. Mr. Pox had declared, that to the soiitj) of theue Ureat Britain had renounced all right of 8ovcrei»;nty or permanent settlemefit. That, too, by passing it over unttnswered, Mr. Pitt concedes. Nay, the British minister goes further yet. In reply to the inference deduced by Mr. F'ox from the above, tluU "every new regulation was a concession, not an uc- ijuisilion," Mr. Pitt admius: "That though what this country (Oreat llif^un^ li.id gained con.Hiiiifd nut of iiuw rigltto, it cuitdinly Uil ui new advantaijoii."— /I. KIOJ. And then he proeeods to cxputiute — on tenitoriul rights acijui red.' on the privilege of settlement south toSan Froncisco? Not u word of it; but on the whale fishery and its advantages; and therewith he winds up his sfiecch. Now is it credible — i.i it conceivable even — that a minister, than whom one more abl ; in debate or more accomplished in diplomacy never guided tlie destinies of Britain, should have listeneil to ,"iil tlicijc assertions, thus publicly put forth in the Nclionnl Legislature, by a member hardly second to himseir in talent and in stunding ; knowing, too, that, the next morning, the thousand tongues of the prena were to declare tiiese aloud, to England, to Spain, to the civilized world ; U it, I ask, within the bounds of possibility, that such a minister should have suf- fered all this, without protest or contradiction, if .-aiy protest eould reach, if any contradiction could dis- prove it.> It iu not credible, not conceivable, not pos- sible. No man, who stands on his reputation for common sen.se, will argue or believe it. The conclusion is irresistible, that, let England's pretensions on the i'Vorthwest coast, be, at the pres- ent day, what they will, they extended, in 1700, no further than to a joint right of settlement, north of latitude forty-nine and a half, shared with her eaually by Spain. Such \vm, then, the " acknowl- edgment of existing rights," which, Mr. Pukenham declares, "cannot be revoked at tlie pleasure of either party." I might here rest, without another word, the whole case. But it is tiseful as well •; -• eitrious, to pursue the matter a litiie further, and lrui;e the growiii of these pretensions of England, from their modest shape in 1790, to their overgrown form at the pres- ent day. The first opportunity on which England, in ac- cordance with u policy which has gradually secured to her the dominion of a large portion of tlie world, aaw fit to push onward her territorial claims in Northwestern America, was the ai>pointment of commissioners to curry out the first article of the Nootka convention. The Cttlebratcd navigator Vancouver, was ap- pointed on behalf of Et.gland, and a Seilor Uuadra, on the part of Spain. They met ut Nootka, in Au- gust 1792; and the account of their negotiation is giTcn to us by Vancouver, in the narrative of his voyage. Their respective views as to the matten in dispute were soon found to diflfer very widely. diiadra maintained, that Meares never had actu- ally purc.ased any land ft Nootka; that he had nev- er even had posscssiun of any, except a single spot, "forming nearly an equilateral triangle, not extend- ing a hundred yards on any wne side, bounded in front by the sea; and on the other two sules by high cj-oggy rockn;" on which i;!olntrd spot Mr. Mearea had erected his temporary residence. Ilo adduced, in proof of his assertions, the testimony of two American captains. Gray and Ingrahani, who had been present at Noolka in 1788 and during the whole proceedings in 1789. These gentlemen de- pose, that tiiougfi they retnain«'d there nine months and could converse perfectly with the natives, they never heard of any purcliu.se of land by M« ares. In regard to buildinge, oiid in proof that even the above spot of ground wa.s abandoned by Meares, wlicn hiS lci,st vessel, the Iphcgcnia, commanded by a Captain Douglass, left the Sound, in the autumn of 1788, they add: "(»n the arrival of the < olnnibia, in the yoar 1789, there was ,1 lioMsc, or rather a hut, ronsiKlinj; of roiiph poMtfl, covered with t>oardy, niado by Die Indians: but tbii Captaiu llou'j^la^.s piilli d to pivrc!:, prior to Iiih sailing; lor tlic sand- >wieh islamls, tlie sanie yci-r. The boards he took on board the ljih(';;c'nia, and the foot he ^ave to Captain Kendrick, whieii was cut up and Used as firewood on board the Co- luinliia; Kuthat, on the arrival of Don Martiiie'A, there was) no vestige of any house remaining."— Prop/i ond lUtutrm- tiiint to Greenhuw's Ihiiion, ;i. 416. Under these circumstances Sefior Quadra very naturally concluded, that Meares had been dispos- .sessed of neither lands nor buildings; and, conse- quently, that there was "nothing to deliver up.'* He observed, at the same lime, (so Vancouver in- forms us:) "That S'unlkii oujit in be thi' last o>- most northwardly SjiituUh s.-ifle-neiit; that Ihfi'' the difidin^ jioivt should htfix- fd; and that, from tlience to the, nnrthwar,! shoiihl bo free for eiitronct;, u.'^c, and commerce to both parlieii, comforma- Idy witlithe liltli article of the cuitvculion; that oHtahlish- ments should not !»? formed without permission of the re- sjTectivc courts; and Mi/ /A- /■'•lilisli sliovld not pass to the south of Faca."—l'tint:o>ivrr^s i'o>j'i%r., wl. J, p. Mi. In a word, the Spanish commissioner put upon the provisions of the Convention the very same in- terfiretation which h.id been put upon them, public- ly and uncontradicted, by F'ox and others in the British Parliament, two years before. Subsequently, Seiior Quadra oftered to leave Van- couver in possession of the spot Mr. Meares had occupied, and even to plnce at his command the houses, gardt.ns and offices then occupied by the Spaniards, whilst himself retired; but "tpttAoul prejudice to the legitimate right of Spain." To this Vancouver declared, that he was not au- thorized to agree. He contended, that the words "buildings and tracts of land" employed in the first article of the Convention could not possibly be con- strued to mean merely a triangular spot hardly con- taining one acre of ground, and "That at least the whole port of Nootka, of which hit Majesty's sul)ject.s had been forcibly dispossessed, and at whicii themselves, their vesHcIs and cargoes had been cap- tured, must have lieea the proposed object of restitution."— V'oynse, Vol. -i p. IJ75. He also put forward the British claim, then for the first time asserted, to equal settlement with Spain, South to LalUxidt thirty-eight; declaring that he "Conceived port St. Francisco to b« the northemmoat settlement occupied by the subjects of Hi« Catholic JMajei- ty, in -April 1789."- Voynse, Vol. Q, ;». 3,v0. This, by the way, was oot, in ony sense, the mmmm 6 nucstion; tho -words "u/rrorfj/ or-nnicci*' clriiily re- ferrinp to lh»! ilati; of the ronvrntioii, to wit O. tuber, 1790; nn»l not, ')/ nny |>oHsil)!i' coiHtnicii'vn, ,n Vniicouyer would have ihcm refrr, to ilii- il I'e of the nllffred rapture. Ah an oiV-itt to the eviJpnee of rupiuint < l,;\v .intl Int^niham, iind, no faru.i it n(t|vnr<(, .h the r* >]>■ wur- ranl beyond ih»* wori).< of tlie r,i)nvr>"iii), (■\t Hm* (I .» i.'n ■ n cf lojii > ■, yml MiiniP trillini; arti>"U'a: that tin; nailviK wno ('('■'''>'''>^'>t- iKli«((l, nail, with flu' chifl>i, liH !iitma:< <<• ^Ir. Miiirt\ ,m i,',iu- sF'trrii^n. arcMilinK to the ristoni ul thi- \'i>a.Tli \ . x.'." ro^iisf, yol. v!., p. 370-:;; I. This staloiucnt of Dulna's is an utter fnlr-clKnul; whether an horned for the o^•.c,l^ own i>rni'i|>al witness nhall dsprowi il; the ropuU'd sovrnicu, '.ho very roon, who i.s said to have made tlii« imj.-ui; mt purchase, and who piiblislifd. tb« mv\'. yt'i.', liie narrative of bis vwvHsrf and Ins i-lcmia .imi hi.s wrongs; even Mr. Mearts iiiiiis<'lf. ilere l;i; in, in \ciy respect.'ible tiuarto form. And wb.u i« I11.1 Ics- timony.' What nays bin daily jrairiwd of ihc pro- ceedioi^s at Nootka? Under date the Ijlih Mav IT-^H ( Duflin baa it the 17ih or ISili) .Mra;( s- s ly-, tiuit he had a vi jit from trc two >i'ooika clneis. Hi- adds: "A jiroRi'iit f o;isistin^ ( r. iron iiml o:a"i ijratily- ins? nrliclf. , was nrn t; 10 is ■•'iBrinill.i unl < iiliicuiii; vvlio.on ri'ceiviia; if, toiik , .r nM-';,t>T ^.iiiMMt*, ili cvv tl!<):p. in the ai.ist ifi'afel'iil laanin.-:', fit cr.' i>n't aa.l I'viijii. eil, ill the. iin.titired ^arb ofnatari', i>n llio lii-vk." - I m/H,'. , 7) 113-114. A ^fsenf nlwervo; and ?pneroti<;ir retiiri a], too. But is there no mention nude, on ih 1: il ay, i-r nn the 17ib or IHlb, of the purchase (ifN.aiilt;!; n.iih- ins; said <.f theflatteriiifj iio\na;;c df)iie i>i Ai; . M- M-e.s as sovereign? Not a sylluBlc, rither rai liw l7Ui, IHib, 19th, yOtb, norany other day. '!'!'■> s^le t'onn- (iation for thi-* roniancf; of th>.' s;r:cii'. nj-o. if r.uin- d.Mion it have, nl ail, is to be found in M(-...ii sV j.mr- nal, under date of the *jjth of that ninuii, wiicie he says: ".Maqailli hal not only most realily poi^eiv'.l •■> jrniiit •as il spot 1)1 f;io«n(l in his tciritory, whcrcia a nnase ri:it,lu l>« built forlh« nccornrni)rf, leave tliiTf. bill ha'l pyoiai-oil as a!-d Ins iis a.- tuaff la I'lirwaidiat; oui' works, anl hi-; pioif '•tiini oi't') ■ (>i:.y, who were ilostiae.i to lemaia ut Nootk i (laiin!.' ot/ absvii-e. In return lor this kindness, the clti-.-f w-.m [iri'soateii wta a p.iir ol piKtols, which he had reijarded wilh an eye oi ^olijiluili- I. vcT •^ince our arrival."' — Voya'^e, p. j 14. Was ever, in a grave dispute between two great rations, pretension so idle supported by falscbood 8(1 shamcl'iss! The whole proweJiiii^ i.-< a type, but •00 strictly faithful, of Eni^land'H pretensions 0:1 liie Northwest coast. Thus it stamlf: Mfares, a British trader in s'^an-h of fii' >, puts into Nootka Sound. There, acconlincr to his own story told his own way, the nativ; chit^f "consents to a;raiit," not to sill, a '-snot of ground," whereon he may build; and "in return for thi.s kindiiestj" — no pretence lisre, of paymcnl, even tor tinu .;;iot of {jroufid — the trader makes to the chief a siujll [rtsent. In the rnmmencement of this man's memorial laid before Parliament two years afierwurdH, it is still only "a spot of ground, whereon he built u house for his occasional residence;" but it is purckattd from Maquilla. Kven Iwfore the memorial con- cludes, however, this modest spot of ground haa swelled into "the lands belongm^ to your memo- \ rialist." The men in buckram increase in number as the dram,* proceeds. By the month of October 1790, and in the words of the Convention, it had become "buildings and tracts of land," of which Mearea b.ad been diRfiossessed; and when two years more had passed over the trnnsanion, nothing short oi' the whole Hettlcmetit of Nootka, with the recogni- tion of Miiares as sovereign of the territory, would Muii.sfy the voraciously iiicrcasing appetite of the I'ritish claim. S[>!«in, as may well be supposed, was not pre- pared to keep pace with these yearly-increasing de- mands. Cluadra and the British navigator parted m personal kindnes.'^, but after a fruitless negotia- tion; Nootka remaining in the possession of ijpain. Vancouver expressly says: . "1 r><(|iii'sted in conversation th« next day (Heptemhrr lA. ITP'I) to bi^ informed, if he it^iindia) wan positively resolved to ;it letter? and on r<'Oeiving from him :i reply in the nllinnative, I acn,aaintrd him, thitt I shoald eoiisiiior .NoolLa us f e;roun(l ha« your mein»- imber as the >ctober 1790, I iiHd become 'hich Meares years more lin^ shoK of the recogni- ritnry, would petite ol' the van not pre> n creasing do- isfHtor parted tIeHD negotia* ion of ^ain. (i^eptdmbrr 16. lir«'ly rKsolved ,', to thf the Hurrcnder, but oiily tlial the Spaniards Imd left the piurc. A D'ccnt KiigliHh historical work of reputation, witli tho name oflli" CiuiTii and most uftlu! nulnlity on ila lint of subset ibetri, varuii this Hlory, tliuii ■ ••It may lie nifntioiiril lu-rt". thit, in- \TM>, tlm territory man /•iriiialljl Inki n jint^-iii m nj \iy l.ii-iili imiit I'li i.i o! Jlic •jrilnh navy, iiiul riccivi-d tin; iiaiii-) ol' Kiiiu (ti'iiiuti'ii Mouuil."- .'/rfo/;,'i;is'« /i/^'ii (•/' (iei.'r';i 111. vft. 1 y. Wi. Nothing about u suirrntler, here. It "\vu;j for- mally taken posscH-sioii of" uiid named; a very «-.i.sy thing fur a Lieutenant Piero*, or iiiiy one elst; lu do, itfter the Sp uiiurds hud vitcaird the »ettU-in<'Mi. Whence this "Lieu'enant Pierce of the Marines'' Npran;;, all of u HUildci), docs not appear. VaiK.ni- »»:rpay8 not a worJ, ill iiis voy.iije, of Icavinc; any one at Nooiku. And, on tin; face of it, it !.■< a ilimy; Qiofll unlikely, tliat Eii^;!nii(l should entrust tlu^ iilti- ntuteaettleineiit of a dispute that cost Iter miiluui.s, and had biiilk'd llie diul-imacy of Vam'-ouvcr, to a simple Lieutenant of Maniiew. Uut, furilicr, even coiicetiinf; nil tlicBO glarin;: im- proliiibililies, we neither know wli it aniounl. ot land was restored, nor under wiiat contiitK-iiM or limita- tions the Hurrender is alleged to have been made. Nor could the simplri surrender of any "buiidii):;.j and tracts of land" there, alter the f.ict, that .Nooika wau, in Octulier 1790, "alre.viy occup;."d by Spain;"' nor the express stipulation of the Conveniioii, tliiit, north of that point of occupation only, was the coast to be free for settlement to both Powers, Vet even tliis is not the entire caa;;. Two histo- rians — the only two I have found whose works date witliin a few year.* of this transaction — one u French authority, iheotiur Briti.'sh — a;,'ne in dt'iiy- ing that there was any re.<^titution whatever. S-'- g«r (he Elder, French ninliaa^ador sueceiLsively at the courts of St. Peter.«>>uii;:h, Berlin and Vienna, writing, in 1801, a "political picture of Europe from 1786 to 1796," says : "Kngliind, under the flimsy iirptencc of reclaiming some contnmaud ships taken l>y the Soaniurds on tho wost coasi «f North America, thriMtened to declare w,ir against Spain." • "Franci" after a short hesitation, iiotwith- slundiii^ the disorder of her tiaaiices. determined to support Spain againEt the KuKlish. And tlie caliinet of LoiidoM. in timidated by this enerijetic and unexpected resolution, postponed its amiiitiou.s j)rojucts; contented i/trlf villi thi fenlitnlion uf Ikf Kni^lishreiirUlhnt had been raptumt; timl apreed, with the court of M.idrid, uiu'iially to disarm."— h'sur'a Rti^n of Fred. IVilliam, lo'.. ':,]>. y.i and 171. The motive may be incorrectly inferred; but ae lo the fact, we can hardly suppose it unknown to one of the most n ited ciploniatislsof the day. The testimony of tlie British historian Belsham, writing in 1«05, but ten years after the date of the alTair, is still more distinct. In summing up the history of the Nootka dispute, he says: "So insitjnilicant was the object in contest, that no one. either in or out of Purliameut, has, so far as appears, thoutjht it worth while to inquire, whetiier reston-jtion hiis really been made in the mode prescribed by the treaty or not. It is certain, nevertheless, from the most authfnic'iuh- .?('7Ufnn'n/i/?-;«a'(on, that the Spanisli flag Hying at the fort and settlement of Nootka was ne»er struck, and thnt the whole territory has been virtually relinquished by Great Britain."— JS'/iAam'y Hiit. of Knzland, vol. S.p. 3M S. And again, in the appendix to the same volume, nficr civinsf the olTuial documents connected with the ilispule, he adds: 'But ihou'»h iMf't'ind. nt the e.xpenie of thnjo millioni, exii.ili"! frotii the h(M;ii,»rilii h piuiniite of re torulion and ii'|iiii.itin:i, it is wi.'ll ,is>'i'rtaiiicil, Hml, lliiit the tuttlenieni in >|n.-4tloii nrver w.i.i le'tored I'V t^pitin, oor the HpaiiikU 11.1.; .t .N'Mdk. I ever struck, and i'tconil.) . th»t no settle-, nient liiiit ever been iut.sriiueiitly alti:inpted by h^iiKlaiid on llii' ' '.illlo, ;ii in I oa.-.; " . Ipi'f ili.r, jifi. .|U II. Tlie r.iliiilijrKh U^view of July Inst lakes nenrlf the ^amc VII w of the f.ir's. Its words an:: ■ I'.iii.-uin rr li'Jt iNuiilk^i Sound i.i tin' pn.i.ieKriion of the S|i,4ni;tiil>, and tliirit j.i cuiisiden le duiilit, wlielli) r any liiii . V. I i\' e\e,- resloifj Iv V^ijrc",, m \» lictlici there weie .ii.> tu rtolorc. .W, ne liiiow l«. Hint, in I ;;i ;, all part.ri, S|i,ifii,ir>i . Hill .'".'v.^ii'li. lm>i '.IcMi'loHcd Nool|.:i .Sound, unil It h,i . j.ot 1.1 cti reo O'lpii 1 " lUmw, />. J.-ii, i 7. Airl, finally, coriobomting evider.ce of the ,siroii>,'e.it und moiit uuilii nlic kind, in proof, tliiil Nootk.i wi.s iievir {.loienderrd lo (jireat lirilain by Spaiii, ii'id thnt Spain rc'iarded her ex.-.!usive right :>< \;i,i of NoDili.i u^' adjulled, i.s to Ijc f.niiid in a ver >• i.iirion,- original .S|i.iiii.sli nianu.script, preserved . in ilie L'bri.iy of Coii^retis, and entitled •'Coiifi- (leiiiiti lnf!'.ni( tions for tlie Kii)j;doni of New 8, Mill," driwn up by (^oiint Gii-c-Jo, former Vice- roy, aiul a.Uicr<.sed to liis nuccessor, the Marquis 15iniuiiortc, i*.iii-d .luiie ;jij, |7i'l. Ill these iiiMtnutions, kivcii, it oii'.'ht to be borne III iiiiml, slric'.ly q.m a iii 'tter of coiifideiili.il liii,siiie.ss, and not, ny po.-,;*ii)iIity, for tho Make of eO'cci, the ex-vii;fcroy says, in puragiapli 711: ■' ■lii'i'iiver ii wiilalvvr, ! In- iiecctsary, th.lt there be, in one ol tiie-,1' ports, eilln r i.i tli;it of .S.iii Krancisro Jor IJu- cji.'-iy or thai if Soolkfi iistif, in jiuisr.miri of Ikr I'li- atiirul- i.iil ii»i.vir,'. iM 1 •l«l:i.'li:nt'iits uf (inr>, to make resjierted the authority <)( tlie SdVi ieif,ii. (Vi\" \Vf car, hardly hav^ any tliinj; more con,;lusive. And e<]Uilly to the [loint is a pvirtion «if paraijraph 71!?; in wincli. iifier givino; it an his opinion, that it v.a> '•advi.siibic lo contrnct the Spanish iimiuii as far as tin; Plraila of I'Vic.h," Gi^ji'do adds: "\''ji!r I'.Mvllincy ;ilrendy knowK how inar.h the p.wt dii> .'W'n'.ioii-i h;n I' coit. ^.|)tv\I'll.^tilnd!nl; the ;;oijd tieatment wliicit I ^'ive the l°,n!;li>b prisoners, and the conipensMtion I ii,.li're'aniin.itiini, in conformity with these princi|iles, has been rt''eived,_/(ir aprini? up, in r prairie. It is ere the peaaant of any. The r have trained, liouaanda, not h every esaen- that terrible re which the ■witneas New child. ly, that if we, crosa the At- irt iaie. the at> Bat. And she her own fate, hemiaphere. Neither can t war of con- ihe reault of a irfare, but of aacrificed for , ia a thine to orrors and ite r eat neatly to be thruat up- set it. If, m muat be giv- je, *'he gives resent crisis, ith any it be ilf, nor yet I us aa an in- neaa, ia to be rmanent) be-