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46
ARGUMENT OF THE UNITED STATES

contended by the Aneriean Government that. in yirtne of the Treaty of Washing- ton, by which the Floridas were ceded by Spain to the United States, the latter are beowme powesset of ail claims, whatever they might be, whieh Spain had to the vorthwest cousts of America, north to the forty-second degree of north latitude, and that when Creat Britain, in the year 1700, disputed the exclusive right of Spain to this comet, the court of Russia (as, indeed, appears by the declanuion of Count Florida Blanea, and as it would, perhaps, yet ore elearly appear by reference to the archives of the foreign department here) disclaimed all intention of interfering with the pretensions of Spain, and, consequently, all pretensions to territory sonth of the sixty-tirst degree, and that, therefore, any division of the coast Iwing between the forty-second and sixty-first degrecs oncht in strictness to he wade between the United States and Great Britain alone. ¢

When during the nevotiations of 1s24 Mr. Middleton was notitied that Great Britain would treat separately, he at once notified the Rus- sian Minister of Foreign Atfairs and Sir Charles Bagot that if any attempt was made to negotiate upon the territorial question without the participation of the United States, it would be his duty to protest in the strongest terms. Tle stated to the British Minister that, as Great Britain had “ne settlement or possession upon any part of the horth-west evs? of America.” she had no “claims” to convey except stich as she devived from the Nootka Sound convention with Spain, signed October 28, LT#0; that the United Stutes had succeeded to all the Spanish rights by the treaty of February 22, 1514, which pave the latter concurrent claims with Great Britain whatever her pretensions might be: and that for these reasons any treaty hetween Crreat Britain and Russia in which the United States was nota party would be nnga- tory as to it and could vot divest it of the right to enjoy the coast,

After having made a like declaration to Count Nesselrode. Mr. Middleton secured an interview with him on Februury 23, 1824, at which he submitted a brief paper entitled, State of the Question.” in which the territorial chtins of the United States were thas formally detined:

The United States, by their discovery of the mouth of the Columbia river and by their subsequent conf oecrpetion aud continned possesion of a district on the stne qxirt of the Northwest Coast of America, have perfected their right of sover- cignty to that territory.

By the thind artiele of a convention with Great Britain, conchiled Cetober 20, 1818, they stipelated “that auy conntry that might be elaimed by either party on the Northwest Coast of America westward of the Stony mountains should, together with its harlwers, hays and creeks, and the navigation of all rivers within the same,

eU, &.C., App., pp. 129-130,