728858-1846-02-Sep-1846 — Page 4

lement be D

authentic discoveries

to enter

ave been since follow

Not 03 toment Spanish sellement. 42. can the extent of the full enjoyment of that to stretch north of that line pare, therefore, had a right to seule, which right The never exercised. The Spanish title seems Fobviously untenable against any subsisting right to

083100 and 11, therefore, unnecessary lengthy into the discussion, whether it is subjected treaty stipulations with England. So much has been gud, however, in the discussion on the Oregon Spato and question, about the Nootka Sound convention, that

it will be well shortly to explain 31. 4gainet Contend

of vec territory Uns due the anal sources of

18povary, accoin sopalile lime, or

honrot an existing

That

ever

The

TILL FRIEND OF CHINA AND HONGKONG GAZETTE.

with The actual settlement of British subjects there, 1813. The representatives of this con

t, with all the stock in hand, might be construed to give a right of possession Vest Company On the first the country sealed. But, against the United States, our title to possession is worth as little, as theirs ig the transfer, a British man

and took formal andered,

against us. We can neither he said to have diseas

The Spaniards ost, hosting the Brinah lag andered, nor seiled the country. Fort George. By the treaty of Cheat, discovered it, and we had never settled it, in the

ted the war in 1815, it was provided correct sense of the word, before 1818. Il territorios, places, and possessions what Americans stand on the same footing; they neither taken by either party from the other, during discovered nor hare settled it. But, as representing the war, should be restored without delay." Ac. Spain, they are bound, by the Nootka Convention, to allow in as a right to settle; and, as a nation of cordingly, on the sixth of October 1818, an Amer ican commissioner took formal possession of the the civilized world, they are equally bound to for, and the American flag was hoisted. The acknowledge the sa ne general right, which was what we contended for, in 1794, with Spain. In commissioner then sailed away in the ship which

the same double capacity, as we can show no er- had brought him, and the North-West and Hud:

by general ine.r- son's Bay Companies have since kept up a trading clusive claim, cither by treaty or establishment at the spot. This is the whole found-national right against them, we must allow to the

the right to setile vacant territory. The Ameri- alion of the American original claim. In the first

cans have insisted on an exclusive right; we have, on the other hand, contended for a right to seltz place, it must be observed, that under any circam- stances il nager could support u clairo for the whole territory up to 5-4 deg 40 min, it could only apply and occupy jointly with them; but as this later to the country said to he discovered, explored, and right, with the increase of seilbements and occa settled, adjoining the Columbia. The limits of this pants, must ultimately lead to inconvenienes an district would be open to discussion, but could ne danger, we proposed what we thought an equitanga ver reasonably be extended to the while territory; partition of the subject of dispute. The Americans indeed, Mr Calhoun only puts these facts forward. enggested a different one, declining our proposal. na substantiating a claim for the valley drained by It was just the very question for an arbitrator to the Columbia. It is to be remarked, too, that the settle; thrice, since the begining of last year, Lis claims of the Cuited States for the whole territory our plenipotentiary offered to refer the question so must rest on the Spanish right, which annot be arbitration, but the offer has bron declined. supported together with their independent claim. practical question then is Whether we are wil- no undoubted rigal, to tako less than we thought irreconeitable with their Spanish tile. Their ne-

we might fairly ask? I'm war, and its horrors, gotiatiors seem much disposed to shift their ground

and its taxes, or, without war, pint the epastunt ev from one to the other, and to make use of both at the same time; but the ong can derive no con-pectation of it, and the consequent languishing of commerce, in one scale, and the fragment of desart Armation from the other, but, un the contrary,

territory, between the 49th parallel and the Calam destroys it.

bra, in the other, which should prepanderate? We have been willing to give up a portion of that fing ment; why should we be so punculions in our respect for uatioun honour, as th reluse lo resign. the whole? The fact that the Americans, who claim all the terrory, are willing to be sati-fed T we concede thus much, we fear, the motto be our unwillinguess, when it ought to be a reason for the concessionObviously, the natural thing would he, irrespective of accidental considerations, lo continue the boundary wast of the Rocky mount

The

In 1788, an Englishman named Meares, com manding in private trading expedition to the north. West Coast established a post at Nootka sound, in Vancouver's Island. Between that date and the discoveries of Parez and Hecela, the coast had been carefully explored by Captain Cook in 1777. In 178) a Spanish officer, named Martinez, command-Their original claim for the Columbin valley sling, for the sake of pace, in a case where we have ing an expedition sent by the Viceroy of Mexico, took possession of three English merchant Fessels at by another coun Nootka sound, and erected a fort on the shore. La reasonable time to settle These events nearly produced a war between Spain night to selle may boot England, but the danger was ultimately avoided gessing it, either by not ex-by the Nootka sound convention, signed in October if may conveyed by 1790, The buildings and lands of which British marican chics give an subjects had been dispossessed were to be restored. d of title Van Diemen's got it was agreed, that the subjects of the two by the Batch officer Tashian in powers should not be disturbed or molassed, either in d by mu bnglish government in mavigating carrying on their sherbes in the instance of the second description Pacific, or South Seas, or in landing on the consts of he to set 2 the western side of the those seas in places not already occupied, for the ssini, which was violded by purpose of carrying on the coinmerce with the un- 1States by treaty, illustrates the lives of the country, or of making setilemewly there.

15 settle must be borne

seem to have been almost un LBCory has beco ether vacant our exam-

Without entering into the question, whether Gray really is entitled to be treated as discoverer, it is a sufficient answer to the whole claim, that neither his discovery, nor the settlement, were of recognised national character. It is true that Messrs Lewis and Clark were sent by the chief of the American executive; but the settlement at Astoria was merely a private and temporary estab ishment by chizens of different countries, and, as Captain Vancouver was dispatched from England such, in no way a settlement, such as is necessary to receive the surrender of Moares's stablishment, to perfect a national right to possession. The tem

ains, the same as it is east of them.

The circon but it is doutful whether any thing was actuallyporary restoration of Astoria, in 1818, to the Amer- given up.

In 1795 neither Spaniards nor English ican commissioner, under the treaty of Ghent, has stance making at desirable for us to have thojad A any semenawar Nootka Sound. Vancouver been each credito un rowing this than defect ding we see, is the access this nhstudy ma

bat that was followed by no settlement, nor was navigation of the Columbia, and the existing explored the coast but made to Settlement. It has been much discussed, whether the stipulation of the the right kept alive by the convention of 1818, for ments of the Hudson's Bay Contorty. convention above quoted, agreeing to matmal right that was signed a fortnight subsequently; and, that line The Columbia în tot contin

vigable for more than 123-intled from its mouth, to stile, meant settlement for eslonization, or settle moreover, the treaty of Ghent said nothing about mant only fat trade. Bu as ngainst Spain, and the the right of possession, where rights were in is so that for anything more than the passage of mere United States as representing ber, who had claimed pate. It merely provided for a restoration of the portable canoe, la uavigation 10 the serpeyer can exclusive rigta to settle, and by whom this stipula tatu quo at the commencement of the war it gives be of any use, The Company is said to make nu tra was a concession, according to an acknowledged no new right, no confirmation of former doubtfulgent profit by as Oregon trade, and might readily and reasonable rule, the construction of the agree- right. Astoria was restored, and by the restoration be compensated for the value of its selements--

settlements which it must be romreinheros confer. iment must be made in the sense the most unfavour the United States, represented by its commissioner, able to her. It is likewise contended, that this agree- was in possession, as of its former right, which, we no rational right to the tomtory accupied by thein. This act, All the best harbours on the coast tire north of the ment did not survive the war which subsequently have shown, was worth nothing at all

under the treaty, could not give a fresh right, such

Oraits of Epcx. Tlieve sem, then, to be no in- casued between Spain and Bagland. The distinc- isus between treaty stipulations, which are, as it is

ay was never comtemplated by the treaty, there for the original right of terrænnial possession by alier a war between the parties to in) and those the settlement of the Astoria Company is untena which are abgether destroyed by a state of war, ble, it continued to be so. It follows, clearly, there seem to be of rather a subtle hnd disputed charter. fore, that this branch of the American claims is

exist

utterly work and indefensible against any good title.

surmountable objections to the concessiofi liy us of the fragment of teratory question. Such a concession would involve no sacrilico of right, mor would it maturally affect the value and usefulness, present or prospective, of the portion retained, We cannot seg Tim za strangement, which would make the 19th der, the boun try to the sea, con. cede to us Vancouver's Island, extending partly south of that parallel, and which would sure Compensation, at a fair valuation, to the Hudson's Bay Company their improved hands and settle ments, Booth of the parallel, would be open to any reasonable objection, on the part of those who have candidly considered this question. At any rate, we trust no stone will be left unturned-no possible scheme of compromise left unattempted by our negotiators to avoid having recourse to the

gon will soon be forgotten conomist, June 6.

COMMERCIAL INTELLIGENCE.

(From the Bengal Hurbaru, July 25) CALCUTTA Collon There is no change to ro port in this staple either as regards demand or prices, Banla has brough previous valuo Sa R1011

on before us, however, are most ne acknowledge rules of interna- tional right as illustrated by the practice of civiliz ed courtice without touching on panciples of at strast morality, which might make some of those rules look rither questionable There has been cound fidh which is insisted on by a writer the Edinburgh Review on the Genou question, title arising from contiguity of possession; But this is hardly an independent or original source of title. Siich a co by contiguity depends on the extent of territory over which a title acquired In tic ways about mentioned, shall be taken to es read. This must, in every case, be determined by Hement, and the political or geographical situation of the country. The general principle of litle to vicant territory may, we think, be stated thus, that discovery centers the right to settle, and when fol. this case, the tight stipulated for was not a here lowed up by settlement confers an exclusive title to fineuse, or was it un artificial right, create by possession. When the right to sotale thas acquired treaty on the contrary, it was a liccuse accorapani- It results from the examination, we have gone has been abandoned, all the world has a right to ed with an intero-a in the soil, a license to make set through, of the Spanish title, the French title, and Battle, and atual settlement makes a good title intiements, which confit not be revolted, and move far the original title of the United States, that the only o setler The questions, whether such right has ties who might have soitled as they were before; and, special claim, which can fairly be maintamed by been abandoned, and how far the fruits of the pos, besides, the stipulation was for a natural night the that country, the joint right with us, to seule resión, to which a right is acquired, extend, depend right to occupy and suttle vacant territory, which the territory in question, under the supulations of on matters of fact in each case, which admit of no

was claimed by Eugland, irrespectively of treaty, the Nootka Sound Convention. We say nothing general rulo being laid down

and which must be taken, against Spain on those of the claim aslvanced by the United States govern Theresemollier acknowledged principle, derived who stand in her shoes, as fully conceded to Eng-ment, on the ground of vicinity. A reference to from the practice of nations, which is of great insland. As we hold the Spanish title to be untenable, the map will at once destroy such a pretence, more portance in considering the Oregon tits, namely, to the exclusion of England, A seerns sufficient thus particularly, when it is recollected, that, in allow last resort of arms, bindet the din of which re- that the discovery giving a right to settle, and the briefly to advert to this point, and to mention the tro|ing such a right in them, we must look to the settlement conferring the right to possession, must considerations which, to our minis, conclusively extent of their inhabited lerritory, and the position bu sanctioned by the proper authority of the go. prove the frosty to be transitory" pr enduring, of their population in 1818, since when, our res vernment The settling nation, an examination 2 The French Tulle.-This arises on the sale of peective rights and claims have been in suspense. of the history of the colonization carried on by the Louisiana, by the French Government, to the We come now to the foundation of the English Bubjects of different countries in Europe, during United States in 1503, which first conveyed ter claim. Disregarding altogether the doubtful ac- the Inst 250 moars, will prove how Universally thisritory west of the Mississipi to the latter. By the counts of Drake's explorations, the first investi sauction has beeu supposed requisite. Brests, ob treaty of Paris, 1763, the Mississipi was made the gation of the coast of the disputed territory by an

n a reasonable principle. The territory

Castern boundary of the province of Louisiune, di Englishman was effected by Captain Cook in 1777 required is cational property; its leads are claimed viding it from the British colonies, and by the It will be recollected that Spanish officers had by the government of the nation; civil original grant of Louisiana in 1712, o Antonie preceded him. Captain Vancouver, in 1702, sent risdiction are exercised over it by Crozat, by Louis XIV, that province comprised out to receive the surrender of territory, under the the legislature.or of the executive of the country watered by the Mississipi and in tri- Nootka Sound Convention, surveyed the coast as and therefore, the act of requisition con-bularies, to the Illinois. There seems no pretence far worth as the trails of Face In 1703, Mac- nights, and imposing these duties on for supposing that Louisiana, even in none, ever kenzie comssed the Rocky mountains, and descend- stions is reasonably required to be extended across the Rocky mountains to the Pared to the Pacife by the valley of Fraser's river, the proper constitutional authority, cific; much less, that French discovery or settle. The first establishment west of the Rocky moun ther point, of primary importance, to nient had ever given a foundation to such an tains, subsequent to Meares temporary une, men- especting ISI estion, viz,that, ussomption. Even Mr Greenhow, the chief Ationed above, was in the latitude 54 deg, at Fraser's the convention of 1518,continuedmorican writer on this question, and the zealous Inke It was erected for purposes of trade, by the England and the United States, advocate of his country's claims, admits, that the North West Company, in 1808, In 1811, Mr. ard just as they were at the highlands separating the waters of the Mississipt, Thompson, employed by that company, explored

from those flowing into the Pacific, are i

are the true the noribern branch of the Columbia, and des. western boundaries of Louismana. It is to be borne conded that TLAKA 10 its month. By the North

whatever rights the Nourish

and gran

he only change rights, es invo, since acquired by

can be founded

|

Yes,

overy in mind tog, 3 HVD Ug respecting Oregon, Bay

tlement at

either Seimd conventionį selements against Spain, are equally good against any clan | 1821

founded or the subsequent acquisition of Louisian.ject From 1765 40 1300, that colony was possessed by ther The torn Spain, and therefore, when reconveyed by her to

gestion", France in 1800 it could

330, subject to all

ught to

nonnatient rights ollecting it acquired against Spain, art of Ords Fanny time previous to the just mention

3 We have therefore,

Dali American chung lel.

Ke

per ma

Exports as above, from 1st to 23rd July- ~ Onia, -

inde. 18 885

Singapore and Penang, Opium. —The market has been quiet, and thongh several clippers are on the point of sailing there has been no animation, and prices aro but little higher, yesterday quotations were

Fatra, Co 8 Rs 1,150 a 1155 per chest, Benares

$1,080 a 1,035 Exports as above. —

Singapore and Penang. Other Places

SHANGHAL

Chests 1,699 591

DOUE,

Ban, arriv

DER.

Per Aqua Marne, British ship, from Hongkong

and Amoy, athved July 1846.

HOLLIDAY, WISE & Co.

1,360 pieces Grey Twills,

500 Mustins,

Il cases reteens,

30

33

trasses Woollens,

Wine vino 200 Dollars,

love glue #665 Dellars.

And Sut

isan and Hong-

A CALDEM