Page:Centennial History of Oregon 1811-1912, Volume 1.djvu/340



reached Europe; whereupon Eugiand demanded of Spain immediate repara- tion for the insult to her flag, and thus assuming responsibility for all the crookedness which had set afloat the so-called Portuguese merchant fur trad- ing ships. To the outburst of England the king of Spain issued a proclama- tion to all other nations on June i, 1790, temperately reciting the rights of Spain to the continents and islands of the South sea, concluding with: "Al- though Spain may not have establishments or colonies planted upon the coasts or in the ports in dispute, it does not follow that such coast or port does not belong to her. If this I'ule were to be followed, one nation might estab- lish colonies on the coast of another nation — in America, Asia, Africa and Europe — bj' which means there would be no fixed boundaries — a circumstance evidently absurd." Such were the hard facts of the case down to the begin- ning of the dispute between Spain and England, as to the title of Old Oregon.

And now we reach the chapter of diplomatic negotiations between these two nations to settle that dispute. Spain opened the negotiations with a proposi- tion to refer the dispute about the insult to the British flag to the sovereign of some European nation, and England declined the proposition. Then Spain ap- pealed to France for assistance in resisting the power of England should war ensue out of these matters. But France declined to commit her government to any assistance. Down to this period, England had not set up any claim to or ownership of Vancouver island covering the spot where Captain Martinez seized the ships. Hope of assistance from France being abandoned, Spain Avas forced to a treaty with England. October 28, 1790, whereb.y the buildings and tracts of land on the northwest coast of America, of which British subjects had been dispossessed in 1789 by Martinez, were to be restored to the British subjects; and the ships and other property of British subjects were to be re- turned with compensation for any losses sustained hy reason of the acts of the Spanish officer. In addition to these provisions, a right in common with Spain was to be enjoyed by the subjects of both Spain and England to navi- gate the Pacific ocean and the South seas ; and to land on places on the coast thereof not already occupied; to carry on commerce with the natives, and to make settlements with the following restrictions : ' ' The King of Great Britain agreed to prevent navigation or fishery in those seas being made the pretext for unlawful trade A\-ith the Spanish settlements. No British subject was to navigate or carry on a fishery in said oceans within ten leagues of any part of the coast occupied by Spain. "When settlements were made by subjects of either power, free access to, and full privilege to trade, were confirmed without molestation."

Such was the treaty between Spain and England about Old Oregon. At the very most, it was only a treaty of joint occupancy for trade ; no provisions having oeen made by either party for the policing or government of the country. Spain did not renounce the sovereignty of the country, and neither of the parties or both combining could make an effective treaty to bar out other nations ^vhile themselves pretending to hold the country in common. It is a fundamental principle of the law of nations, that the territorial boundaries and limits of sovereignties shall be definite and fixed, so that the nation claiming jurisdiction over any country can be held to accountability for conduct within or proceeding from such country. Joint occupancy defeats that principle of law. and is. there- fore, absurd and nugatory.