The Sun. — London, England, 1845-12-31 00:00:00

BRAZILIAN - FINANCES , the fo lowing plan' 'POI. - improving the " Currency" establishing -6'a 'Milk" at Rio de Janeiro, on a solid 18 , was laid liOrdre the Chamber of Deputies on the of July la.V,'by his E xcellency Senliar Mandel 73 . 13 ranco, Minister of Finance, and inittc.d to a ConaMit tee,of that 'Chamber, , who re titT on it the 419.i,4 4 4, thc.Aanie mouth,gPc,ommendiPg I ,o ) tion. neetirdingly, be discussed_ by the ran Legi s l at i ve: B o dy in, their next session,.which n unence iattMarmext, .and very little doubt can enter tained of its adoption, and finally, of its ac- Plilhtuent. "' „,,, _, t i e , THE l'Ctrvt . ntisiErft PROPOSAL,' 4 ,, , e 1. Tlikci`retilation 'of notes from five •tO 500 Z I shall be kuil.ted So a district. of one or.more oro purthe, Govitnment . being - authoristd . tO smite 'or pos e thotin ttrafave; tine . common, port,for, the 7 ,,” part of their .commerce. . . . , The notes tow current in the .metropolis,. and in l'ori n . , . - 4 ces %Inch may be united to it, shall be exa and markE4-crily, , a,nd. put again in circulation ; t . t c't each of ".the- other provinces, or union, shall be , i d lted by ()flier notes, distinguished from each other .1 they stanifi; which' shnll indicate . the union in , t ney Are pass, signed, by two respectable per ' in aitvh nnioti. . .. . . 4i :te notes snail be. distriVnted amongst the provinces i, ll, 4 s , in proportion to the i revenue, public and pro t_collecteltherein .; the counterparts,: or. coupons, I , l ,„' l ew notes;:remaining in the respective provincial ,;.es wherd.they were issued. r ieregulationa•e6nlitined in the law. of the 6th of oj , 18.33, are applicable to the present operation, k e v r ernment:;undertaking the remittance orthe re „unds, bY;iveatis,'or bills of exchange, drawn by ! ti ,t'tctire provincial treasuries on each ' other, or on ki:loaal trear dt ry, : and vice uersct, cancelling irnme- , ii,', the notes received by the province .which draws, itO i ng oth,Ns in the one drawn upon ; one per cent. amount thereof to be paid by the parties f o r can bßrid r e pla c i ng th e " same. . Ye this operation being-completed, no further sub al cf ii ot elhal 1 . fake 'place, except that - wh ich is red by ttli s i4w,' - nainely, the gradual' one' of notes 1 1 , 4 t sight,iiia Bold or silver coin, at ' , the option - of literthe Governmentbeing authorised . for this ,f ~., • 0 establish.a new system of gold and silver koneys;.-is hose. deoination and fineness shall be the same as thos n m e no w extant ; batthe weight of whiclif , Shill-th , the following:—viz., those of cold, of 5 and " oitavas ;" and those of silver, I 014 aned' 4 2 "'atavas;"' respectively'; • but without !y. To fixcen4life: ' _. I 'o establish, in the metropolis of the empire, a hank ef,:eirculation_ and deposits, the capital of which may be raised to 15,000 contos of reis, in shares crf3soo , milreis each. . . . ° soon. asy this law shall be duly passed, the Go ' ?,:t stall - announce the sale of the shares , which o effected, in the , first instance, through the mo orf the public treagirry; or by a commission consist at least-three " merchants, appointed by the GoeP- n t ; and 'the'ehoosing of directors shall take place e r 1,500 contos shall have been raised , in paper Y f, • 1,, rom I hs . ..sale of such shares. 4 , 11 4 e directors shall consist of three chosen by the 1 L t neut, wad ,six : elected by the shareholders, who i ii 7 called together for that purpose by public ad iltent arlindividual.summons. 1 ➢ 6 e abOV'etti)ininsticin : and Election may take place ) 4 rile, birrafterwards it must be .renewed on t he ; 4 1day in - the month -- of January in the next and th, o 4 cceedir l gle'iirYfer the purpose only of chang led e , of the directors every, year, one 'of those ap pi.:l the pOvernpieli t ;'and two Of theSe elected by ts uPrietary;-, to be,,determined by 'let, until such ~t• it ca n b e es t ablished by rotation , according to The iy. directors must -he Brazilian , citiz e n s, or . fo ers having a fixed residence in the empire, share not bang , - employed .in any other . bank, nor till lrtoj s ef th"lrtiperial -Legislature, whether general (llncial. ;'' '' ' ''' -• '--- • . ' In • pediment should occur to the elec ,lald ' e 8 ; 1 )% . i P • . ; It ,b -n g plice 0, the ..Ody appointed by the present Cut be; done sol c apon after as such obstruction ip:'vo been removed ; the former 'directors con %lll th e mean time to act ;. any vacancies_that may 111 e tween the elections, shall be filled up, ad interim, r eni ~I , ,aining,.direetors.. ~ The directors, shall elect a president from among o ,;res, and select the- officers, clerks, and servants ti':e", and r es pectable. citizens ; as also, agents re fer the .out-doer, department; . granting them i t " s tile salaries:- i ' !-- ' ' .. „ 4 , ( 1- 4 1 the p res id en t and principal officers being ap ' the CoMpany of " the Bank of Braz il " shall be ' ;e ' „ red completed ; and• as - . such .fully.. Authorised. to y ti a l nd to' manage the capital, income , and any pro & e Bank' may at - anytime have in its• .possession, Af t 't',lf)y all the powers which can, by law, be con- NI such companies, even' to the 'Making rules and t 0 the for - its "internal - management, being not con -1: The laws of the" state. . „ . 1 i )3 l t le Bank being constituted in the . manner above . ltit tl , l - 1, the,Government shall enter into treaty with t q ,',! cancelling of ,the paper money now in circula t,"te amount. of 45,Cr00.contos, in a period not ex 1° twenty" years, on the follow in g terms, viz.:— k ee ' ' L ?e Government shall - not issue an y more paper -2, (4, ' a forced circulation. `tte Gpvernment shall take Oh the national ac ,c'ent,,sharel in,.the Bank, to the am ount of "00 contos, at any time within 'the first ten Year s , -4,he dividends on. which ,shall be ex clusively,,nppropriated . to the . "cancelling its paper now in circulation, or to .payment of the interest - thereon during the ',existence of the k It ank. 1, The Government shall pay into the Bank, in the first ten `rare -of its establishment, 1,500 contos in pager *money, including the amount of divi7 dads dole to the Government. The Bank sha ll shall Purehase"(Miti the produce' of. the 'sale of shares ,t,,,rtiel, reserving therefrint . 500 contos, 8 , 11 . 01 -publicly burn, the reinaiiider; issaping directly 2;soo.contos, by. loans or discounts, in (its own) notes, payable in gold or silver on i, P - ..nurid.-- -• ' . - - ' in the-!sollowing ten years the Government .shall tal'e -in Contribution to 2,000 contos, annually, iVether With the' dividends- to-which the Go vernment may be entitled, and the Bank shall, in like. Manner, r e tain 500 contos from- each of these' i l ielmentS", ,'burning the 'remainder,' and issuing, an equal nnionnt in . (its) notes; as above t. statek.tTleans fmil discounts. The Bask.,-sbakl .employ the ;bOO ``contos annu ally reserved:inthe purchase, of gold and silver, wbich.thepshall. convert into penned money, of a new Aii.,; At the , Mint, and deposit, them in its coffers,' in ordet , to form a fund for the discharge , 6, .. r . , , 0 f its notes, payable to bear er on demand. Jo ro tn k 'and after' - the twentieth' year. the annual enntriblitiOn'Of the Government'shall cease and determine, and the Bank -shall - apply the divi dend§,aceruingdne on the Shares - of the Govern raent. to the P #.s - ;iiient of any debt Which may be clue liia,tri.the„lttltei to the Torn*, -onthe expi red, in: of the last period . of, .ten Years. The 4 ce(qinti' shall: be adjusted thr .the mutual and 1.1 ~,,netinite h i ideamity of both parties. . - i'clit 4 ,4 . he Itiverinient shall -likewise give the Bank " 5 4" ) r one per..eei4c.corbmi,siod-pn! the-.amount era ,4ll; in exchang'e for the prebiatis - Metals, and what I N ? kitty be regiiirid be and the 500 contos in paper 'lO to realise 600 contos in geld,. and silver during lk r :„ t years Orthe operation. „" ' -. • ' .41 The felNivirig itentis Of intone shall be applied, s l4lve lY , o-liei:and.above the dividends' arising from a p t it - stuirgi,ll43 ;by. Goveruineri4 to the cancel 't.,-.°l'. its paper money, v .. , . : ~ :, ~... ~ . The, . produce of alt lotteries which . may take place in the , empire, ex.clusive of those already granted,-being.-comprehended therein, not only thevxistingimpc, , st; but-moreaver: the part which appertains to. those to whem-the .grant,is• con ''k , ecded: `• The i likbditee: from .the sales of nit national ,pro- : Perty not required fof the public service; as like -wise tthatitrisM4from gold raiied , ' an d an y other minerals, itibluding,the revenue derived from the tt e , diamond diStrict. ' `'. The Prodtice.:of- 3 per cent: kledncted from the Bank dividends, from • the: eFluAive privilege of playing cards, and' from any new impost which may for the future be derived from the maim -1 faetnre „rind consumption of srmff.. - „ kkc In c -i- - 's , e , - the 'receipts above-.".indieated shall not of tilit t o the' sum of 1,500 cantos* the first ten, and NNW- in Me 'ISA Ten' yearg, --.l that sturfiliall be made 1 . ~Y a grapdnrinp i ally ,Iti the 'Budget LaW. 4 11 p A 0 authority,. wfiatsaer, • trOrn any motive, tar on tie; ti ketext.,ivbateiv,e' r,.:, gad ror phall,_ alienate - the funds 4, 1 , n t1l foru,cancell'ing Abe Bunk. paper, nor shall the tlel k " be a party in any:transaction which,may hinder or, r e , Y the etit t eellingr .. the same, under.pain of the greatest krisibit t y.. , .. , :: , ~. e -.. ~ .... .., ..,,,..-•,, ! : .: . - , /414, S.) song 'll3.‘the- Bank thall---ennamence issuing its d ap s'' no payment shall be made in , t he several p ublic ofttlients connected with the receipt ,or expenditure ` 4 4 Q ena,pire„lvhich_ d oes- not consisein the first year of Bil vf ,'wentleth part in notes of the' Bank , or in g old or thi r - ci r i in the second• year, of two - t wentieth pa rts, in the kit e , Year of the three-twentieth parts, and so on till it a nts to twenty-.twentieths.., . ‘ tf hv e Government ordering that the "cohere" of gold k i ."ltYziWOcarti - ts, shall be received or paid at such of . I ,c eflieeg,' at the''rate -- ef four thousand reis and that ) , e : -- ~i ' v r at 250 reis... The Government during the first an t ' ,a6d ;Partienlarly in the :emote provinces, may p a p :rise 'the entry or omissiort of - these quantities in lti e , e. money with the agio of the (14, or which they j fp" - ola.thg:_cgramencement of every financial year. tel', The following shall be fundamental rules and re -"Is of the Bank, viz.:— I_ . ' et ' I. +l4-proprietor yr shareholder .shall vote who does not hold five or more shares; and no one shall have 'more than. ten• votes, let him hold B eet, Whatever number of shares he may. 2 • /1e; power of' attorney-of more than six months' date, nor - granted by any shareholder residing out ef. the country, or by any one employed in the Bank, shall be considered valid. No one 'Person :can. hold powers of attorney for more than 300 shares, nor refuse to exhibit his powers; and shall, on its being required by any other Shareholder on tendering his vote, swear that he belit4es his principal to be bona fide possessed of S ect. Auch shares. 3 . All agreetnents relative to the transfer of Bank- Oiares shall be null and void, which may not be paid ih full, as likewise: those catered into by -Pers(ms whose names are nut inscribed in the llank-books ; and no share shall entitle its holder to vote, or to receive any dividend due thereon, who has not been in possession thereof 'for 150 days previous to that on whieh the di* dend falls due; except the share shall have beer♦ purchased before the first election takes place. - Sect. 4. Five members of the directory, the president. being or.e of the number, must positively be pre sent at the discussions on any transactions: the president may nominate any other director to: supply his place, in case of illness or any other impediment. Sect. 5. Sixty shareholders or proprietors, possessing between them 1,000 shares or upwards, only,. can call a meeting of the - proprietors or share holders, for taking into consideration any matter for the good of the establishment ; making. public their reason for calling such meeting, at least three - months' previous thereto, in -two public prints. ' ' • , ,• Sect. 6. Every clerk or cashier of the Bank shall find two or more sureties for fifty contos of reis at least, subject t' the approval of the directors, for his good behaviour and faithful discharge Of his duties, before he can enter 'on the exercise thereof. Sect. 7. The Bank Corporation cannot, directly or indi rectly, possess any landed property, except those necessary for its accommodation and the carry ing on its business ; or such as may have been mortgaged to them, or in satisfaction of any debt previously contracted in the course of busi ness, or declared ,theirs by public auction, in consequence of any sentence obtained by them on account of such - debts. Sect. 8. The Company cannot directly nor indirectly trade in anything but bills of exchange, gold or silver in bars, dust, or coin, diamonds, produce or lands by virtue of an execution, or taken bona fide in payment of any debts, or merchandise • the produce of its estates; it cannot make pur chases in the public funds, nor charge more than 9 per cent. interest on its loans or discounts. Sect. 9, The Company cannot make any advances to the General or Pros icinal Governments for a longer period than 180 days, and even so, not in such sums as may alter the relative proportions esta blished by this law, between its realised capital and its issues: ' • Sect. 10. All bills or notes issued by order of the Com pany, signed by the president and countersigned. by the cashier or chief clerk thereof, payable. to any person Or persens whatever, to their order or to the bearer, although they may not have the Company's seal or emblem, the Company. shall be liable for the same as if issuee by any one of its members in their private capacity ; those made payable to any person or persons or to their order, shall be endorsed in like manner as bills of exchange, and those payable to, the bearer shall be transferrable. The bills and notes so issued shall be payable at sight. Sec. 11. Once every year the directors shall lay before the proprietors or shareholders at a general public meet ing, fee their information, an exact report of the debts outstanding, after the time of payment had elapsed ; as likewise an account of all their transactions and of their profits, after deducting the - losses, if any have arisen. Sec. 12. The directors shall establish branch b asks of discount and deposit, in such provinces as the Imperial Legislative Assembly may direct, on the represontation of the Provincial Assembly, setting forth that the pro vince already possesses, or is ready to take shares, to •one-third the amount, at least, of the paper money cir culating therein. They may, moreover, establish like branches wherever they - may think fit, assigning them regulations, and appointing to each from one to three directors, removable at pleasure. Sec. 13. The Inspector-General of the Treasury may demerit), every week, information respecting the state of the Bank, and may inspect or order all the books, documents, and accounts, including those of the divi dends, to be inspected. A statement of its affairs shall be published monthly, in such manner as the Minister of Finance may order. The 'Bank shall• be at all times open for the full and unrestricted inspection- of a com mittee from either - Legielative . Chamber, of a-committee of - the proprietors, and to all and every one- of the directors. The Minister - of Finance, or a committee •of either of the said Chambers, or any person authorised by the one or the other,'may order a notice to begiven for the t xamination 'on oath of the directors, .officers, • cashiers, agents, &c., of the Bank, touching any matter relating thereto or to its transactions : any one of whom refusing to comply shall he fined 100 milreis. - Sec. 14. No paper shall be discounted, nor any loan granted, for a longer period than 180 days-; and-no written obligation, bill of exchange, debt; nor proof of debt, of what nature 'soever, shall be renewect by any agreement with the Bank, after the. term has expired for 'wich it was negotiated. Sec. 15. The Bank shall make no payments in the . notes of any other bank, nor - in any -ether -thing -than lee ful coins, bars, treasury notes, paper money, or its own notes. Sec. 16. The notes' which are to be put ineirculation as money shall be prepared at the ceutral banks, duly. signed as above-described, and payable at the Bank in the metropolis, or at any of - its branches of discounts and . deposits, as specified in the note. The Bank is not, however, prohibited 'from - passing orders payable-at other banks or commercial houses, of fifty milreis or upwards. Sec. 17. The notes and bills of the -said corporation,• although made payable at a certain place, may, never theless, be reveived at any branch for disedunte and de posits, whenever they may be tendered in liquidation or payment of the balance . of any debt. " s - Sec. 18. The Bank shall not lend any money to any of its officers or agents, nor discount any bill or notes of whieh any one or more of them may be the passers, drawers, endorsers, acceptors, or a party to, on any ac count whatever ; this provision does net, however, in-- elude the -directors; 'unless they may be serving as -a salaried officer Or - agent: - . , Art. 20. The Bank - Corporation shall not be •owing more than double the amount of the paper moneys, Treasury notes, deposits of gold and silver, coins of the . precious metals, bonds of the public debt, orlanded pro perty mortgaged for hall jtm.reAl; -taw 4.2& t f fge.iyi. notes in circulation' shall exceed five times the amount of the precious metals contained in its coffers, on pain of. becoming responsible individually, as well as - the direc- Oirs.of the Bank collectively, who, being present when such excess of liabilities ,over assets was ascertained, should not immediately acquaint the - Government there with, and also the proprietors duly summoned to .attend general meeting. . . 21. The Bank - dividends shall be paid half-yearly, de ducting therefrom, besides the three per cent. appro priated by Clause 3 of Article 15 to the cancelling -and exchange of the paper money in. circulation, two per cent. more for a reserve fund (rest), which shall likewise be employed in loans and discounts for the benefit of the proprietors. . 22. The Bank shall deposit in its vaults, or transfer from one place to another, the Government securities, delivering them over to the public creditors on the pre sentation of " cheques" from the treasurer of the public or provincial treasuries, - by order of the Government, without chargihg any commission or difference of ex change ou such transactions. . 23., Should the Bank neglect or fail in making any payment in due time, the - party to whom• it is due shall receive. twelve - per cent. premium for the delay ; except in case of any extraordinary - oceurrenee- which may threaten the • existence' of the Bank.; in-whieh .case, a previous representation` to, and• a' resolution .of, his Ims penal Majesty in Council, for a limited time, will be requisite. ' • • , 24. The'Bank Shall continue- in operation for-thirty years, and two years More for the liquidation .and settle ment Of its affairs; during the whole erwhieh period -it shall possess all the rights above .enumerated, and enjoy the following'privfleges; namely . . • See. 1. The Bank Shares' shall have the same privi leges which the bonds of the 'National Debt now-have or may hereafter lee'ailted theint'' , Sec. 2. Tlje peper imported'; -as-also -the-machinery for stamping it, requited by the - Bankeshall be free of duty. See. 3. Tho'Se in th'eempley'of . the' Bank; 'throughout the empire,''gliall. be'exempt - ftom 'all-military service, whether of the National Guards, or of the army or navy., Sec. 4. The dOverninent shall cause to be 'essayed, 'smelted, andiefined, all the gold and silver sent by the Bank' for those purposes, free of expense.. - • Sec. 5. The Government shall provide et all times and places within the empire; the necessary- protection for the -funds 'of the Bank 'Corporation, and convey them gratuitously, by vessels of war or steam -boats belonging to companies having Government contracts. Sec. 6. The Government ihall give the Bank.prefees ence, on equal terms, to any other party,: as teethe dis• count of its bills; CuStdm-house notes, - or in making re rnittances to foreign countries, and in other operations which it may Le lawful for them to undertake. ' see, 1, The• Government shall cause to beltept fmthe offices ,of the Company; acid of its brancheSiiii the pro vinceees hook, in which shallbe registered the ordered to be made by the law of the 21st of Oct. 18,43._ 15. :All the conditions contemplated , by this law may undergo stieh' modifications as •the- Company. may .pro-, =pose; and' el4-C4dvernment consider . proper to be 'adopted, so as that the cancelling the present and sub stitution of other, paper, convertible in gold:or'silver, at the option of tbe - holder, shall be eccomplished iii twenty yeitr; those, boerever,, whech may be attended with any additional expense' to be subject to the.appeevel:ef, the legislatiVe body. : 26. As it will not be possibletreorganise Pneenala-oPlt or public cern pliny , Whieh shallrsulelyiundertake: the Van-, celling the paper throughout she wholn•empireethe-Go vernment iiiiiy'ende'aeeour to effect-similar establishments in some of - the 'ProVincei; or union of provinceis, consign ing them in proportion to the amount terhe•cancelled by them, not only the finids appropriated to the purchase of shares, but likewise of those destined for the 'annual con tributions.. 27. , Those who may forge the notes,of,ehe, Bank; the current coins of the empire, or other securities issued by the Government or Bank, of what•description or nature soever, 'shall be condemned to the galleys. (hulks) for. life, at thelstund :Of. Fernando ; or ins the naval or, mili tary arsentilSOf ;the' provinces in whiehehermay have been tried ; independent of the fines prescribed in the criminal code.: 28. Those. coticerned in producing or circulating counterfeit money or forged paper, shall be cendernned to the galleys ('hulks) for ten or twenty years, besides the above fines.' 29. Those whoinay let or allow their premises to be occupied by'reigers, or makers- of counterfeit money, or paper, for the 'purpose of forging thessarne,• as also those who shill' harbour' or afford airy assiStanee what ever to the forgers or circulators of false coins. or paper, or shall in any wise facilitate the accomplishment of the crime, or shall conceal it, or aid the. escape of the guilty parties; after they have been discovered and pro secuted, shall he'punished as accomplices. . •.. 3 ( 0, 'Dit. chief of the pullet , 11-,0, the. Judges de Direito in tali thij! pUriFli*ol' the pAwiree ill which the f1e.160 coin or paper' shall be 'fo‘iiid r - art; the mae'istratea• who shall take cognisance of the above-mentioned crimes, and before whom they shall be brought to trial:- • 31. Two or :more proceeses, or prosecutions, may- ho formed i different parishes of the same ,province, for r• 1 r at 11;4. • , , • ihga4tne , ence ; ttie r ,J m tge§ .cte :424rettp, wno.may -have commenced the said - processes, .after tthe same hall have, been concluded, whether sentence may be passed or not, in case the delin . quenis may not have hem apprehended, shall . transmit them to the chief of the police of the same province, Who shall unite,them .alt into. one, and adding thereto what . , further investiga tions or discoveries mtsy have been made, and thereupon decide in what manner, according to law, the prosecu tion aball be conducted. , 32. In the processes which the said . judges mayform, they may examine, without liMitation as. to the number, all the witnesses that they may ha,Va any knowledge ,or.that the public accuser may indicate, or au other person or perms, and may delay the ,proceedings for thirty days. . 33. In case the dovernment should consider it neces sary, tliey may appoint a " Desemhurgador ". (a judge of the highest class) or any other magistrate for the pro. secution .of this crime, in any province, appointing spe cially to :assist him a notary public, with authority to proceed the case, as well in the capita of the pro vince as in any pariah or district thereof, as shall appear to them. most convenient. ~ vv 34. (lam the proceedings being brought to a close, they shall be immediately submitted to the jury of the capital, if then. assembled, who shall proceed with it, giving it a pref.) rence, and if not sitting, they shall be summoned to a a extraodinary and special meeting for this parti cular case. :35. All laws and resolutions to the contrary are hereby revoked. (Signed) MANOEL ALVES BRANCA. Rio de Janeiro, 10th July, 1845. MR. MACAULAY. (From the Scotsman.) The following short note from Mr.' Macaulay , will be read with interest. •It wns written in reply to one from the Secretary of the Chamber of Commerce, transmitting the memorial from that body to the'queen, in favour of opening the ports : " London, Dec. 22, 1845. "You will have heard the termination of our attempt to form a Government. All our plans were frustrated by Lord Grey. I hope - that the public interests will not suffer. Sir Robert Peel must now' undertake the settlement of the question. It is certain that he can settle it. It is by no means'certain that we could have done so. For we shall to a 'man support him ; and a large iiroportion of tho e who are not in office would have, refused to support us. On my own share in t!Jese transactions I reflect with - unmixed satisfaction. From the first, I told Lord John that I stipulated for one thing only—total and immediate repeal of the corn-laws ; that my objections to gradual abolition were insurmountable • and that if he declared for total and immediate repeal, I would be, as to all other matters, absolutely in his hands ; that I would take any office or no office, just as suited him best ; and that he never should be disturbed by any personal pretensions or jea lousies on my part. If everybody else had acted thus, there would now have been a Liberal Ministry. How ever, as I said, perhaps it is best as it is. " I do not think that, if we had formed a Government, we should have entertained the question of paying the Roman Catholic priests of Ireland. I cannot answer for others ; but I should have thought it positive insanity to stir the matter. " I will send your petition to the Secretary of State for the Home Department, as soon as it is clear that the Goverment is settled. " Ever yours truly, "T. B. MA AULAY. J. F. Macfarlan, Esq., Edinburgh:" SUICIDE of COLONEL GURWOOD. An inquest was held before F. IL Gell, Esq., Coroner for East Sussex, on Monday morning, at 120, King's-road, Brighton, to inquire into the circumstances attending the death of Colonel John Gurwood, who had termi nated his existence on, the previous Saturday, by cutting his throat with a razor. The following witnesses were examined at the inquest Sarah, the wife of George Collins, of 120, King's-road, lodging-house keeper, deposed that last Tuesday morn ing-Colonel and Mrs. Gurwoodand their three daughters came there. to reside,. They brought no servants, and witness waited.upon them. Ou Saturday she waited on them at lunch at one o'clock ; soon after this she went up to bring down the luncheon, when she saw Mrs. Gurwood - dressed, es if she were going out for. a walk. At a quarter past two o'clock a boy brought the news paper, which witness took into the drawing-room. She stirred the fire and was going down .stairs, when she glanced into the dressing-room, where the Colonel and Mrs. Gurwood had slept the night before, in consequence of, the' violence of the wind, Mid thought she saw the Colonel's-legs lying on the floor. She did not take much notice, however, as she ' understood the Colenel to be 111. .She then resumed her 'work down stairs, and afterwards mentioned what she had seen to her husband. It then occurred to her that she Might have been mistaken, .as,on, second thoughts 'she considered it very strange that a. gentleman should be stretched along the floor. She accordingly went up and coughed at the drawing-room door. No notice being taken, she wenain and stirred the fire. She then coughed again, and finding. that. the Colonel did not speak, she pulled the door of the dressing-room open, and then saw him. on the floor in a pool of blood, arising, as she supposed, from his having broken a blood-vessel. "She had previously arranged with her husband that if every thing was not right she would ring, and she now rang the bell accordingly, and her husband came up. They deliberated a few seconds as .to what was best to be done, the result of which was . that her husband ran out for Mr. E. J. Furner, a surgeon, residing in the King's-road, who came in about fiee.roinutes afterwards. Mr. E. J. Furner, surgeon, deposed that he was called on about three o'clock on Saturday afternoon by the husband of the last witness, who said that a gentleman was at 'his house very ill, he believed dying. Witness was in - forined went immediee:g..,a thz;eoned vas Colonel Gurwood. The Colonel vv.a.a lying on the floor in a pool of blood. On lifting hiin up witness found a razor grasped in his right hand, and a wound on the left side of the throat, four. inches long, and from an inch to an inch and a half deep. .In his opinion, this wound caused death, and he hadno doubt that the death was instantaneous. Sir Henry Webster, a lieutenant-colonel in the army, residing at 44, Brunswick-square, Brighton, deposed that he had known Colonel. Gurwood for thirty years. About a month since the witness heard that he was un well. He accordingly visited him and found him out of sorts, and recommended him to come to Brighton for a change. Witness heard from:Colonel Gurwood's medi cal attendant that he was in a weak, low way; and, with the sanction of that gentleman, suggested that the Colonel should come down to Brighton, and stay with him as long as he pleased. He.came dawn accordingly, and remained.with witness a few -days. Witness and, his family endeavoured to divert the Colonel's mind as much as possible by lively conversation, and getting him to walk as much as they could. After a few days Mrs. Gurwood and his three daughters canaedawn, and they took a lodging in the King's-road. CORONER — Did you form an. opinion as to the state of his mind? Witness—From his conversation upon poli tics, as well as on general subjects, I found, that he was in a very weak and despondng way. Can you assign any cause forit ?—I have no doubt that it was all caused by the relaxation of the nerves, in consequence of his great Work, " The Dispatches of the Duke of Wellington," having been concluded. As long ago as a month I had seen a change in him. Dr. George Hall, of the Old Steyne, Brighton, said he, was called in sonic time since...to attend Colonel Gur wood, and prescribed for him, after which he rallied and got a little better. But lately be had fallen into a very desponding mood indeed, and witness treated him ac cordingly, and had great hopes that he would get better. His despondency, however, returned, and he believed that such despondency was sufffcient to cause tempo rary insanity in auy one. This being all the evidence, the CoaoNER summed up, and the jury returned a verdict, "That the deceased destroyed himself while in a state of temporary insanity." Colonel' Gurwood was an old Peninsular and Waterloo. veteran. At Waterloo, he was upon the staff of the Duke of Wellington, and filled the importent post of private secretary to his Grace, a position which gave him pe culiar facilities; for editing the celebrated " Wellington Dispatches," with which his name will be handed doWn. to posterity.' The Duke of -Wellington rewarded the Gallant Officer's fidelity by' appointing him Deputy- Lieetenant of the Tower, an office which he has held, with much credit to himself, for some years past, and which becomes vacant by his death. He entered the army as ensign on the 30th bf March, 1808 ; became: Lieutenant in August, 1809 ; Captain in February, 1812; Major in March, 1817 ; Lieut.-Colonel in March , 1827 ; attaining his rank as full Colonel in November, 1841. In 1830, he was placed on the Unattached List. Halt's Army Li.sr a thus, describes the military services of the unfortunate deceased Colonel Gurwood served in the Peninsula with the 52d Foot from August, 1808, to January, 1812 ; -and subsequently, to the end of that war, in 18/4, as Major of Brigade to the House hold Cavalry, and to Major-General. Lambert's Brigade in the .6th 'division of Infantry ; he was present at the siege-and storm of Ciudad -Rodrigo, where he led . the ' forlorn hope of the light diyision ; he was also at the. storming of Fort Renaud ; and at the battles of Vittoria, Salamanca, Nivelle, Nive, Orthes,:and Toulouse. The galla,ht officer also served through the campaign of 1815,; and was severely wounded at the battle of Waterloo; severely wounded also at Sabugal, and slightly at Ciada,d Rodrigo." MR. DISRAELI'S Two ROMANCES, " CONTARINI FLEMING" hlld " ALROY," were formerly published, the first in four and the second in three 'Volumes. They are now re, printed together in three volumes. The republication of these • wor ks will, doubtless, be highly accept able to the numerous a d m irers of " Coningsby" and "Sybil:" Of " Contarini Fleming," the celebrated Heine justly observes that " Modern English letters have given us no offspring equal to it. Cast in the Teutonic mould, it is, nevertheless, one of the most original works ever written.. Profound, poignant, and pathetic its subject the most interesting, if not the noblest • imaginable—the development of g Oa." " 'Alroy' (says the Foreign Quarterly RevieF) is truly the very beauicleas of orientalism. Massive grandeur, luxuriant magnificence, fancy absolutely prodigal of its wealth, are the most charac teristic features of this singular emanation of creative genius ; but to these eastern qualities it adds a deep and intimate knowledge of the human heart, which has been derived from the purest philosophy of the west." FATAL RAILWAY ACCIDENT. —A fatal accident* occurred yesterday to a labourer in the employ of the South Eastern Railway Company, on the line near the Ashford sta tion, in the following manner :—Two labourers were working a lorry up the line, when a coke train from Folkestone mine up wi!b. them. The driver of the engine blew the:Whistle, shouted, and did every hiz por,e, to give them timely w•liiiiUg of biz approach ; but it a pp c arz the ins n did not heiir him in time, or did not consider the danger so imminent, for they did not make preparations to 'clear the line till the train was too much advanced, arid before they could get the line entirely clear the buffer of the engine struck one of them, and be died iA a Tory fAcril time. • '' "" J ' nli oFrtcfAt clotßxspoNDgNcE ON -THE- . OUECiON The' following are the two concluding letters 'of Mr. Pakenham and Mr. Buchanan, -and contain all the im portant points of the questions at issue • THE NEGOTIATION. . Washington, 'July 29, 1845. Notwithstanding the prolix discussion which the sub ject has already undergone, the undersigned, het Bri tannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, feels obliged to place on record a few observations in reply to the statement marked J. 8., Which he had the honour to receive, on the 16th of this month, froth the hands of the Secretary of State of the United States, terminating with a proposition on the part of the United States for the settlement of the Oregon question. . In this paper it is 'stated that " the title of the United States to that portion of the Oregon territory between the valley of the Columbia and the Russian line; in 54 deg. 40 north latitude, is recorded in the Florida treaty. Under this treaty, dated on the 22d February, 1919, Spain ceded to the United States all her right's, claims, and pretensions to any territories west of the Rocky Mountains, and north of the 42d parallel of latitude." " We contend," says the Secretary of State, " that at the date of this convention, Spain had a good title, as against Great Britain, to the whole Oregon territory; and, if this be established, the question is then 'decided in favour of the United States," the convention between Great Britain and Spain, signed at the Escurial, on the 28th of October, 1790, notwithstanding. " If," says the American Plenipotentiary, " it should appear that this treaty was transient in its vary nature; that it conferred upon Great Britain no right but that of merely trading with the Indians whilst the country should remain unsettled, and making the necessary esta blishments, for this 'Purpose; that it did not Interfere with the ultimate sovereignty of Spain over' the terri tory; and, above all, that it was annulled by the war between Spain and Great Britain in 1796, and has never since been renewed by the parties, then the British claim to any portion of the territory willeproye to be destitute of foundation." The undersigned will endeavour to show, not on/ v that when Spain concluded with the United States the treaty of 1819, commonly called the Florida treaty, the con vention concluded between the former power and Great Britain in 1790 was considered by the parties to it to be still in force ; but even that, if no- such treaty htud ever existed, Great Britain would stand, with reference to a claim to the Oregon territory, in a position at least as favourable as the United Steaes.' The treaty of 1790 is not appqaled to by the British Government, as the American Plenipotentiary seems to suppose, as their " main reliancel' in the present discus sion ; it is appealed to to show that, by the treaty of 1819, by which "Spain ceded to • the' United States all her rights, claims, and pretensions to any territories west of the Rocky Mountains, and north of the 42d parallel of latitude," the United States acquired no right to exclu sive dominion over any part of the Oregon territory. The treaty of 1790 embraced, in fact, a variety of ob jects. It partook in some of its stipulations of the na ture of a commercial convention ; in other respects, it might be considered as an acknowledgment of existing rightse.—.an admission of certain principles of interna tional law, net to be revoked at the pleasure of either party, or to be set aside by a cessation of friendly rela tions between them. viewed in the former light, its stipulations might have been considered as cancelled in consequence of the war which subsequently took place between the contracting parties, were it not that by the treaty concluded at Madrid on the 28th August, 1814, it was declared that all the treaties of commerce which subsisted between the two nations (Great Britain and Spain) in 1790 were thereby ratified and confirmed. In the latter point of view, the restoration of a state of peace was of itself sufficient to restore the admissions contained - in the convention of 1798 to their full original force - and vigour. There are, besides, very positive reasons for concluding that Spain 'did not consider the stipulations of the-Nootka convention to have been revoked by the war of 1796, so as to require, in order to be binding on her, that they should have been expressly revived or renewed on the restoration of peace between the twocountries. Had Spain considered that convention to have been annulled by the war; in other words, had she- considered herself restored -to her former position and pretensions with respect td the exclusive dominion over the unoccupied parts of the North Ame rican continent, it is not to be imagined that.she would have passively submitted to see the contending claims of Great Britain and the United States to a portion of that territory the subject of negotiation and formal diplomatic transactions between the two countries. - • It is, on. the contrary, from her silence with respect to the continued occupation, by the British, of their settle ments in "the Columbia territory subsequently to the con vention of 1814, and when as yet there had , been no transfer of her rights, claims, or pretensions to the United States ; and from her silence also. while im portant negotiations respecting the Columbia territory, incompatible altogether with her ancient claim to exclu sive dominion, were in progress between Great Britain and the United States, fairly to be inferred that Spain considered the stipulations of the Nootka convention, and the principles therein laid down; to be still in force. Bat the American Plenipotentiary goes so far as to say that the British Government itself had no idea, in 1818, that the Nootka Sound convention was then in force, because no reference was made to it on the part of England during the negotiation of that year on the Oregon question. . In reply to this argument, it will be sufficient.for the undersigned to remind the American. Plenipotentiary that in the year 1818 no claim, as derived from Spain, was or could be put forth by the Uni wed States, seeing that it was not until the following year (the.year 1819) that the - treaty was concluded by , a l tich Spain trans• ferred -to the United States her rigl", claims, and pre tension§ to any_ territeedes.yvest,sif 14, ,ei? ‘ll coy 4:za. F raueL o, a = e. - -hence, it is obvious that in the year 1818 no occasion had arisen for appealing to the qualified nature of,the rightseClaims, and pretensions so transferred -a qualifi cation imposed,- or at least recognised, by the .convention crfNootka. The -title of the United Statei to the. valley of the Columbia, the American Plenipotentiary observes is older than the Florida treaty of February, 1819, and exists independently of its .iprovisions. • Even sup e posingsthen, that the British construction of the Nootka Sound convention was correct, it could not apply to this portion-of the territory in dispute. - •The- undersigned must be permitted respectfully to in quire, upon what principle, unless it be upon the prime ciple which forms .the foundation of the Nootka con -vention, could the United States have acquired a title to -any-part of the Oregon territo r y p rev i ous ly to the treaty of 1819, and independently of its provisions? By dis covery, exploration, settlem en t, w ill b e the answer. But, says the American Pl en ip o t en tiary, in another part of his statement, the rights of Spain to the west a a i n n y t n European o p i : y e n sp nation. n n w t b the most beenned by m coast of America, as far n or th as the 61st degree of latitude; were so complete as never t o have been seri ously'hf a t d io -vigilant jealousy, ever since the discovery of the - American continent, and had been acqiiieseedin by all European powers. They had been admitted, cam, by Russia.; and that,- too, under a sovereign, ,peculiarly tenacicias of the territorial rights of her empire, .who, when. cOmplaints had been made to the Court, of Russia against Russian subjects for violating the„Spani.sh terri tory on the north-west coast of America, did not hesi tate to assure the King of Spain that she was extremely sorry that the repeated orders issued to prevent the subjects-of Russia from violating in the smallest degree the territory belonging to another power, should have been disobeyed: . In What did this alleged violation of territory consist? Assuredly, in some attempted acts of discovery, explorar tion, or settlement. • At that time Russia stood in precisely the same posi tion with reference to the,exclusive rights of Spain. as the United States, and any acts in contravention of those rights, whether emanating from. Russia -or from, the United States, would necessarily be judged by one and the same rule. How, then, can it be preten ded -that acts which, in the case of Russia, were cons idered as criminal violations of the Spanish territory, should, in the, case of citizens of the United States, be appealed to as constituting a valid title" to the territory affected bY' them ?: and, yet from this inconsistency the American Plenipotentiary cannot escape, if he persists in. considering -the American title to 'have been perfected, by discovery, exploration, and , 'settlement, when as yet Spain had made no transfer of her rights, if, --, to use his own . words, " that title is older than the Florida treaty, and exists independently of its provisions." According to the doctrine of exclusive !dominion, the eigeloration of Lewis and Clarke, and. the establishment founded at, the. mouth of the• Columbia- must be -.con. denined as encroachments on the territorial rights of Spain. • • Ancording to the opposite principle, by which disco very, exploration, and settlement are considered as giving a valid claim to territory, those very acts are referred to in the course of the same paper , as constituting a com plete title in favour of the United States.., Besides, how shall we reconcile the high estimation of the territorial rights of Spain,oonsidered independently of the Nootka Sound convention, with tha_course observed 'by the United States in their diplomatic transactions with Great Britain, previously to the conclusion of the Florida treaty ? The claim advanced for, the restitution of Fort Georgeunder the first article- of the treaty of 'Ghent ; the arrangement concluded for the joint occu .pation. of the Oregon territory by Great Britain and the United States; and, above all, the propesalactually made on the part of the United States for a partition of the Oregon territory ; all which transactions took place in the year 1818, when, as yet; Spain had made no transfer or cession of her rights—appear to be as little reconcil able with any regard for those rights while still vested - - in -Spain, as the claim • founded on discovery, explora tion, and settlement accomplished previously to the trans fer of thoserights to the United States. Supposing the arrangement proposed in the year 1818, or any other arrangement for the partition of the Oregon territory, to have been concluded in those days, between Great Britain and this country, what would, in that case, have become of the exclusive rights of-Spain ? There would have been no refuge for. the United States but in an appeal to the principles of the Nootka conven tion. To deny this, then, the validity of theeNootka convene tion, is to proclaim the illegality of any title founded on discovery, exploration, or settlement, previous to the conclusion of the Florida treaty. To appeal to the Florida treaty as conveying to the United States any exclusive rights, is to attach a cha racter of 'encroachment and of violation of the rights of Speia to every act to which the Unitefl States appealed in the negotiation -of 1818, as giving them a. claim to territory on the north-west coast. These conclusions appear to the undersigned to be irresistible, THE SUN:. LONDON, WEDNES D A MORN] N'G, I3ECE Al BE It 31, 1845. 'Pbe Viiit,d a Stalei can found •no claim on discovery, 'exptoratidn, fttlement:.effected,_lDreviousty. Florida treaty, without admitting the principles of the Nootha convention, arid with the• consequent validity of the pa rand , claimof.CitreAt.Britain founded on like acts. nor can they appeal to any exclusive right as acquired by the Florida treaty, without upsetting. all claims ath, duced in their own . .pcuper,right, by reason :of,disealiery, - exploration, aud.settlemeot, antecedent to that Arrange ment. _ _ _ The undergigned.tru.sts that he has now, shown that thee convention. of 1790 (the gootka Sound convention), has continued in full and "complete force up to the iiresent: moment : By reason, in the first place, of the co . dtm.ir,,,:elrclistl:fhat racter of some of its. provisions, as suchexpressly..re ne wed by thß convention of August, 1814,lietween Great. Britain and Spain By reason, in. the next place, of the.aciltnescetaooE, Spain in various transactions to which Win not to:be. supposed that that power would have assented, lad she not felt bound by the - provisions of the convention in question : . And, thirdly, by.reason of repeated acts of %the Go vernment of the United States, previous to the conclu-. sion of the Florida treaty, manifesting adherence to the principles of the.Nootka convention, or at least dis sent from the exclusive pretensions of Spain. Having thus replied, and he hopes satisfactorily, to the observations of the American Plenipotentiary with respect to the Nootka Sound convention and the Florida greaty, as bearing upon the subject of the present dis= cussion, the undersigned must endeavour to show that even if the Nootka Sound convention had never existed, ;the position of -Great Britain in regard to her claim, whether to the whole or to any particular portion of the . Oregon territory, -is at least as good as that of the United States. This branch of the subject must be considered, first, with reference to principle—to the right of either party, Great Britain or the United States, to explore or make settlements in the Oregon territory without violation of the rights of Spain ; and next, supposing the first to be , decided affirmatively, with reference to the relative value and importance of the acts of discovery, exploration, and settlements effected by each. As relates to the question of principle, the undersigned thinks he can furnish no better argument than that con tained in the following words, which he has already once quoted, from the .statement of the American Pleuipotenr tiary - " The title of the United States to the valley of the Columbia is older than the Florida treaty of February, 1819, under which the United States acquired all the ' rights of Spain to the north-west coast of America, and, exists independently of its provisions." And again "The title of the United States to the entire region drained by the Columbia river and its branches, was perfect and complete before the date of the treaties of joint occupancy of October, 1818, and August, 1827." The title thus referred to must be that resting on dis covery, exploration, and settlement. If this title, then, is good, or rather was good, as a gainst the exclusive pretensions of Spain, previously to the conclusion of the Florida treaty, so must the claims of Great Britain, resting on the same grounds, be good also. 'Thus, then, it seems manifest that, with or without the aid of the Nootka, Sound convention, the claims of Great Britain, resting 9n discovery, exploration, and settle ment, are, in point of principle, equally valid with those of the United States. Let us now see how the comparison will stand when trued by the relative value, impoi:tance, and authenticity of each. Rejecting previous dicoveries north of the 42d parallel or latitude as not sufficiently authenticated, it will be se en on the side of .Great Britain that, in 1778, Captain Gook discovered Cape Flattery, the southern entry .of the Straits of Fuca. Cook must also be considered the discoverer of Nootka Sound, in consequence of the want or authenticity in the alleged previous discovery of that port by Perez. In 1757, Capt. Berkeley,. a British subject, in a vessel under Austrian.colours,, discovered the Straits of Fuca.. In the same year, Captain Duncan, in the ship Princess Royal, entered the straits, and traded at the village of Cla sset. Jan 1788, Meares,a British subject, formed the esta blishment at Nootka, .which gave rise.to the memorable discussion with the Spanish Government, ending in the recognition, by that power, of the rght of Great Britain to form settlements in the unoccupied parts of the north west portion of the American continent, and in an en gagement, on the part of Spain, to reinstate Meares in the possession from which he had been ejected .by the Spanish commanders. • _ In 1792, Vancouverovlio had been sent from England. to witness the fulfilment of the aboi , e-mentioned engage-. meat, and to effect a survey of. the north-west coast de parting from Nootka Sound, entered the Straits of Fuca and, after an =ciliate survey of the .coasts and inlets on both sides, discovered a passage northwards into the Pacific by which he returned to Nootka—having thus , circumnavigated the -island which now bears his name., And here we have, asifar as relates to Vancouver's Island, as complete a case .of gliscovery, exploration, and settle-, went as, can well-be . -presented, giving to Great Britain, in any arrangement that may be made with _regard to the territory in dfspute, the strongest possible claim- to the. exclUsive possession of - that island. While Vanconver was prosecuting discovery and ex -ploration by -sea, Sir Alexander Mackenzie,. a-partner in the North-West Company, crossed the Rocky Moun tains, discovered the head waters of the .river since called Trazees River, and following for some time the• course of that river, effected a passage to the. sea— • being the first civilised man who traversed the continent-, -of America from sea to sea in those latitudes. On the return of MaCkenzie to Canada, the North-West Com pany established trading posts to the country to the westward of the Rocky Mountains. .. In 1806 and 181-1 K sepectiyejy- thA AA AaA UU ...acouLce, ♦- Jesse, ana tue lumbia. - ~ : In the year 1811,-Thompson, the astronomer of the North-West Company, discovered • the northern head waters of the -Columbia, , and following its course till, joined by the rivers-previously discovered by Lewis and/ Clarke, he continued his journey to the Pacific. From •that time until the year 1811, when the ar-• rangement for the joint occupancy of the territory-was concluded, the NortheWest Company continued to ex-, tend their operations • throughout the Oregon territory, and to occupy," it -may be said, as far• as occupation can be effected in- regions so inaccessible and destitute of resources.. •-- .- . , . While all this-was passing the following events occur, red, which constitute the American claim in their own proper right.-- • -, •' • , . In 1792 Gray entered the mouth of the Columbia river. •In 1805 Lewis and Clarke effected a passage across the Rocky Mountains, and discovering a branch of the Columbia river,-followed it until they reached the ocean. ; In 1811 the trading post or, settlement of Astoria was , established at the-mouth of the Columbia, on the northern side of that river. , • This post or settlement passed during the last war into British hands by the • voluntary act of • the- persons-in , charge of it—a- fact -most clearly established.. It was restored to the-United States in- 1818, with certain well- , authenticated - zteservations; but-it -was never actually re-occupied by- American citizens, -having from the moment -of the original-transfer er sale continued to-be occupied by British subjects. These are the acts of discovery, exploration, and sattle item referred-to-by the United States as giving them•a. claim to the -!villey of -the Columbia, in their own proper right. • .. , The British , Government are disposed to view them in the most liherateensef and to give -to them the utmost value to which ehercan in fairness be entitled; but there are circumstances attending each and all of them which• muse-- in the-opinien of any impartial investigator of • the -subject,. take-from -them a great deal of the effect' whit!' the American negotiators - assign -to them as' giving ""to this—oenntry a claim -to -, the entire region dtainedby the Columbia and its branches. - ~,f, In the first-place, as relates to the discovery of Gray, it must be remarked that he was a private navigator, sailing'prineipally t for the purposes of trade ; Which fact establishes aviidedifferenee, in a national point of view; between the discoveries accomplished by him and,tilose effected by Cook 'and Vancouver; who sailed in ships of the royal navy of Great Britain, and4who were -sent-to 4 the north-west coast for the-express•purpose of explore- Lion and 4iSeovery. - . - ,- •. - i • - ,• .. In the next piece, it is.a circumstance not to be-lost sight- of,, that it was not for several-years followedans by any act Whioh could give it value in a nationel point • of view ; it *as not, in truth, made known to the World either by the-discoverer himself or by his Govermtent. So recently as the year 1826, the American Plenipoten tiaries in Ltmilen, remarked with great. correctness; ire one'oe their reports, that." respecting the mouth of' the , Columbia riser we know nothing of - Gray's discoveries but through - British accounts:" - • • In the next - place, the' connexion of Gray's discovery with that of Lewis and Clarke, is interrupted bye in tervening exploration of •Lientenant Broughtore-of the Britislesurveying-ship Chatham. - •,- e ,,, - 3' • With respect-to the expedition of Lewis and •Clerke' it must, on e close examination of the route pursued- by thene 'be • confeesed that, neither on their outward journey to the Pacific,• nor on their homeward journey to the United-States; did they touch upon the head wateesof the principal branch of the Columbia river,-- which lie far teethe north of the parts cpt the country tree , versed and explored by them. • '• . Thompson, of the -British North-West Companye-wis . the first civilised person who navigated the 4rorthern, in reality the ntaitebranch of the Columbia, or traversed any part of the country drained by it. • ' ' It was by a tributary of the Columbia that Lewis-and Clarke made their way to the main stream of that river, which they reached at a point distant, it is believed,not more than 260 miles from the point to which the river had alreadybeen explored by Broughton. These facts, the undersigned conceives, will be found sufficient to reduce the value of Lewis and Clarke's ex ploration on the Columbia to limits which would by no means justify a claim to the whole valley drained-by that river'and its branches. ' As to settlement, the .qualified nature of the rights de volved to the United States by virtue of the restitution of Fore/es - eerie has already been pointed out. . • It will thus - be seen, the-undersigned confidently:be% Heves, that en -the • grounds of diseoveiy, exploration, and settlement, Great Britain has nothing to fear from a comparison of her claims to the Oregon'territory, taken as . a whole, with those of the United States. That, reduced to the valley drained by the Columbia, the facts on which the United States rest their•case are far from being of that complete and exclusive character which would justify a claim to the whole valley of the Columbia ; and , . , That, especially as relates to Vancopver's Island, taken by it.se4: tee preferable claim of Great Britain in every poilit 0; view, seems to have been clearly degion grated. ~ , , After this exposition of the views entertained by the British government respecting the relative nine and ..‘ ' 1 itupgrta l nie ~of Ow Brit4h f apd American claims, th e Arrihrican Pienipofeltitek 41 not be surprised to hear that the undersigned dues not feel-at-liberty to :aceep.. the proplsaloffixaby Atagrie -NkAipotentiary for., the. settlement of thet-Aues don. ".• - • This proposal,i in-fatiti l offees lass tllan that tendered by , the, American. Plenipotentiaries. in - .the- negotiation. of, .1826,,anddeelined by the Biitisb Government On,that occasion it wasproposed, that the .navigation 'of the.,Colun - ibia :should be made free ,to, both parties.. On Allis .nothing is said in. .the proposal, to w hich .the. undersigned has now the 'hottour toleply ; while, with respect. to the proposed: freedom. of - .the - ports .on Van-. eourer's,lsland south•,of lat. 49 legs.,, the facts. which, 'illsurp been. appealeCto in.this-paperi.yas-:-.giving to Great ..Britaiii the strongest Claim • to. the : possession, of the, ,whole seetti,to deprive such a proposal of tans value.- - the undersigned,' thereftre, • trusts that the American Plenipotentiary *ill .bepropared, to afa, some. further,. .proposal.for the settlement of..the -Oregon question.inore consistent -with fairness and equity, and with the-reason , able expectations of the Briti:_.h.government, as defined in the statement (marked:l)), which the-undersigned had .the,honourtapresent to the American Plenipotentiary at .the early part of the presentnegotiation. The andersigned, British Plenipotentiary, has the ,honour to renew to the Han. James Buchanan, Secretary .of State and Plebipotentiary. of -the-United States, the assurance of his high consideration. -• • R. PAKENHAM. Hon. James. Buchanan, &c.: 2 : ) Departnient of State; Weshiniton, Aug. 30,1845. The 'Undersigned,' Secretary of State of the: United States, deems it his .duty to .make some observations in reply to the statement of her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, marked P., and dated 29th July; 1845. • PreliMinary to the discussion; it is necessary to fix 'our attention 'upon the precise question under considers= tion, in the present-stage of the negotiation. The ques 'tion simplY is, were the-titles of Spain and the United States, when united by the Florida treaty on the 22d of February, 1819, good as against Great Britain-, to the Oregon territory as far north'as the Russian line, in the latitude of 54 degrees 40 minutes ? If they were, it will be - admitted that this whole territory now belongs to the United States. The undersigned again remarks that it is not his pur pose to repeat the argument by which hi 3 predecessor, N . rr.. Calhoun, has demonstrated the American title " to entire region drained by the Columbia river an I its branches." He will not thusimpiir its force. It is contended, on t z he part of Great Britain, that the United States acquired and hold the Spinish title, sub ject to the terms and conditions of the Nootka Sound 'convention, concluded between Great Britain and Spain, at the Escurial, on the 28th of October, 1790. - In opposition to the argument of the undersigned con tained in his statement, marked J. 8., maintaining that this convention had been annulled by the war between Sphin and Great Britain, in 1796, and has never since been revived by the parties, the British Plenipotentiary, in his statement marked R. P., has taken the following positions - 1. "That when Spain co'ncluded with the United States the treaty` of 1819; commonly Called the Florida treaty, the convention concluded betWeeri the former power and Great Britain, in 1790, was considtired by the parties to it to be still in force."' ' " ' ' And 2. " Bat that;t o vertifith : snektreaty had ever ex isted, Great Britain would stand, with reference to a claim to the Oregon territory, inzn- position at least as favourable as the United Stake — ' The undersigned wiii follow; step' by stepi the argu ment of the British - Plenipotentiarr hi support of these propositions. _ '• • • The British Plenipotentiary states, "that the treaty of 1790 is not appealed - to by the 'British Government, as the - American Plenipotentiary seems to suppose, as their 4 main rdliance' in the present dise'ussion ; but to show r that, by the Florida treaty of 1819,.tb,e United States ac quired no right to exclusive dominion -over , any part of that Oregon territory." • , , • The utfdersigtied hatl believed that ever since 1826 the .NOtka convention had been regarded by the British GOvernment as their main, if not their only, reliance. The very nature and peculiarity of their claim identified it with the construction which they'have imposed upon this convention, and - necessarily excludes every other basis of - title. What but to - aecord'with this construction could have caused Messrs. Huskisson- and' Addington, the` British Commissioner*, ite specifying their title, on the 16th of December," -1826i,'; 0 declare " that Great exoltisive sovereignty over-any porton Ofthat . territory: Her present claim,' not in respect to any part; but to thewholt, is limited'to a right of joint occupancy in common with other states, leaving the right of - Occlusive dominion. irk .abeyance." And again a • "'By that convention (of Nootka)' it was agreed that all parts of the north-western coast of America, not al 'ready oebupied the Aitae. , by ' eitlse of , the contracting • parties; should thenceforward be v equally open to the sttbjecti of both for all purpeses'of commerce and settle- - ment----4he sovereignty- ;remaining in abeyance."- .But on' this subject,. we .are not left too mere inferences, how ever clear. .The British-t ommissioners,. in their state ment froin which , the undersigned has. just quoted, have , virtually abandoned any other title'which Great Britain may have previously' asserted .to the territory in dispute., and expressly declare' , " thet,whatever -that title may 'have - been, however, either.on-the.pa-rt of Great Britain 'of On that of Spain; prior toltheeolvvention of 1790, it Wes . thenceforward- no. longer4o be traced in' vaeauenar lativeii—Of discoveries, ‘several - of them admitted to be ,but in the text-'and stipulations of that con- Writionitself." — And:again, in summing up their whole case, they say: —" Adinitting that the United , States have acquired Fall the rights which Spain possessed up to the treaty of eitbe, ;to,, a rt. m . It, to pre- Lemma, in right of , Loastsiantr, - , Great Britain maintains that the and extent-of these rights, as well as the 'rights' of Great Britain, are fixed' bard defined by the con- Yention*Of Nootka, &c. ' The 'undersigned, literanareful 'examination, can dis ' cover 'nothing in the , noteof the , preeent British Plenipo: tentiary to Mr. Calhoun-, - of the , 112th of September last, ' the force- of these declarations and admissions "or his predecessors. On the contrary,. its general tone perfect accordance with them. Whatever may be 'the consequences, then,-whether for geed or evil—whether to strengthen or tb. destroy the British claim—it is now too late for the British. Gotern meut to vary their 'position:. If the Nootka convention confers Upon them no 'such -Tightt as . they claim, they cannot at this late hourgo- behind its provisional; and set gip claims which,in 1826p:they admitted had been merged "in thelext and stipulations of that convention itself." The undersigned-regrets that the British Plenipoten tiii'y has not noticed his exposition of the true construe- - lion Of the •Nootka convention. He had endeavoured, 'slid he believes suocessfully, , to prove that this treaty was transient in its very nature; that it conferred upon Gieat Britain no right but that of merely trad ' Wing with the Indians whilst the country should remain Unsettled, and making the necessary establishments for this purpose; ' -and that it did not ' inter= fere With the ultimate sovereignty of Spain over the ter ' ritory. 'The British Plenipotentiary has not attempted to reSikthesititmehlsinflit, If they be fair and legitimate, then it:would-not avail Greaf Britain, even if she should tordve` fife Nbotkaconeention to 'be still, in force. On 'the contrary, - thirconvention;ift the construction placed 4 o t ki l t ly m th s e k r der i signe'd , be f correct, contains tih t a s clear eV i ' i th% lev is entii n al righttf so art ° vere r i e g a nty r o l v a e n r' t the a 'whole dispifted territory; and consequeßtly that it now belongs los the United States. , ' • - '''The,Value of this admission,. made in 1799, is the same - Whetheior not the convention had continued to exist until 'ilie present day. But be is willing to leave this point on the linebntroverted arg ument contained in his former statement.. - ~ - - :`' ' -, •*- ' " . ' ' Ifni' is the Nootka Sdut&erinvention still in force ? The' British Pienipotentiary . does not cotitetst , the clear general' principle oftniblio law, " that war 'terminates all subsisting treatierbdtweett the bffligerent powers." ' He contendS, however, in the first place, that this convention is partly commercial ; , and that,V3'far as it partakes of this character; ' , ir 'was revived by the treaty con cluded at Madrid on the 28th of August, 1814, which 'declares " that al4 the •treaties•of cdnimerce which sub 'siitecl lietweeir the tdVo parties (Great lAritain'and Spain) inl796 i were therebrtatified and confirmed •," ' and, se cond", "_ that in 'other - respecti it must be considered as an #k, noWledgment of subsisting rights, an admission of cer taiApriiiciples'-of• Ititernational" law" not to be revoked ! 1 11' " 1 0% ''' '''' ' ' ' ''' ' •' • - ,In, regard to the first proposition, b the undersigned is s ~ • a • tis . .fied, to leave the question'question' td rest upon his former argument, at 'the' Brithfirlenipotentiary has contented :laimaelf Mth Merely tie4errint'tlici - fact that the-commer cial ippitiontf tWe NootltaiSiititd'ConventiOn was revived by.tlie treaty -of 1814; Wlthutit 'even Specifying what he eonsulers to be that portion of the convention. If the nutlet-Signet:l'W (leaked to Xlitengthen his former posi 'tidn; he might have repited with great effect the ergo; mesa,contaided in the' hole of Lord Aberdeen to the Eiuke: 2 4 Sotdmayer; dated tBtith June,: 1845, in which his IJordship clearly eStablished that all the treaties of comEngtee sabdiStitte , between Great Britain and Spain previous to . 1796 were donfitied to' the trade with Spain alone, and did not 'embrace her colonies and remote p05;...1„_.: ;...1„_.: - 1 ~,!, L !., . ,-. .„., ... "!', u. 19: The sicotirpropaition of 'the British Plenipoten ' tlry ~ A ./setves 'grtitifer attentibn. Does the Nootka Sound s "cOntentiiti heiciartb that class of treaties con taining " abilicitritSwlefignient: of suaisting rights—an adadesion of certain principles of international la w " not to be abrogated' by`war? ' Had Spain by this con vention acknoWledgedthe rights. or all nations to make cliscoieri,s, plant settlerhents; .and establish c olonies, on the north-west Collet of America, bringing with them their sOvereignjuristliction, there would have been much forcein the arganient. ' But such an admission never was made, and never wits intended to be made, by Spain. The Nodtka convention is arbitrary and artificial in the highest degree, end is' anything rather than the mere acknowledginent of siinple and elementary principles consecrated'by the'la* of nations. In all its provisions it is expressly confined - to Great Britain and Spain, and acknowledges' nb . right Whatever in any third power to interfere with the north-West coast of America. Neither in its terms, nor in its essence, does it contain any ac ' knowledge - fent'of prediolislY subsisting territorial rights in Great Britain, or any other nation. It is strictly con fined to fature engageMents, and these are of a most peculiar' character. ' 1 -',' ' . .. . Even under the construction of its :provisions main tained by Great Britain, her 'claim does not extend to plant colonies, which she would have had a right to do under the law of nations, had the country been, unap propriated ; but it iti limited' to a mere right of joint oeduptincy, bot,.l . tYr4pcct . t9 any part, but to the whole, the - sovereignty' rniaining . in' . abeyance. And to whist kind of bcCupancy?" Not separate and distinct colonies, but scattered seltlenients : Intermingled with e ach other, over.. the whole iniface Cif die territory, for the single Volvos° of trailing Witlithe Indians, to all of which the 3 ?; i~ : '. , subjects of each Power should have free accesF, the right; of exclusive dominion remaining suspended. Surely, it: .P.annot be_sueeessfully,..contendcd_ that_ such a treaty is an adinission m of i .nirta.itt, ,pt•ittn'tyles or „ internationall law "so accred aticl. so perpetual 'Pa theurnattire 'as not "- 1 4 rd-. to be appulled by war. On the'conerilfy,' liorn — the cl ratter of its proeisions e it cannot be s . .uppcsed for a single r nromnt that it, ava,s intenckd for,apy,purPese but that of" " a mere temporary ,arrangetnerit tween '•• and Spain. Th,e-law ot nations recognises no such -c" ciples in regard-to - a aappropriatellieryitory as those em=' ' - . braced in this treaty ; and the British Plenipotintittiy - • must fail in the attempt to prove that It eontaine an' • admission of -certain principled of international' which TIM sum* the shock. i war, But the, Bri t 3ialzpnipotpntia,ry. Contendi that froth the, • . silence of spa4nduring the negotiations of 1818, between.", Great, Britain ,and - the . linited, 4tates, Jespecting the 1 . , .Oregon.territory, . well as " ; From. her silence with respect to the ( centinui d: occupation ,by the British 'o:' ,their.settißmentis in the Columbia. territory,subsevently" ..to the convention_ .of, 1814," it may ;_Fairly, '` be inferred - that Spain censjdered the, stipelatipna et the Vootka convention and the .principles therpin;laid down" to. bo still in force." The undersigned cannot :imagine a case where the' obligations of a treaty, ; once extinguished, ' by war, can, , be revived without a positive agreement to this effect' between the--parties. Even if both parties after the conclusion of peace should perform positive e i nd unequi. vocal acts in accordanee with its provisions, these 'must be construed as merely voluntary, to be discontinued by either at pleasure. .13nt in the. present. cane it is not even pretended,.) at Spain• performed any, act in accord ance with the, c. nvention of Nootka .Sound, after her treaty with Great Britain of 1814. lier mere Silence is relied upon to revive that convention. The undersigned asserts confidently, ,that neither by public nor private law, will the mere silence of one . party, whilst another is encroaching upon his rights, even if he had knowledge of this. encroachment, deprive him of these.rights. It' this principle be correct as rip-_ plied to individuals, it holds with cinch greater force in • regard to nations. The feeble may not be in a condition - to to complain against the powerful ; and thus the en ..croachment of the strong would convert itself into ra. perfect title against the weak. - In the present,case it was scarcely possible for Spain even to. have learned the pendency of negotiations , tween the United-States and Great Britain, in : relation to the north-west coast of .America, before she had cederl` all her rights, on that coast to the fornier.,l3b; the •• Florida treaty:of the 22d of February. 1819., Thp.c.on• vention of joint cr:cupation , between the United, States and Great Britain was not signed at London .writil the 20th of October, 1818—hut four months previous to the . date of the Florida treaty, and the ratifications were not , exchanged, and the convention published, until the 30th of January, 1819. Besides, the negotiations which terminated- in the Florida treaty had been commenced as early as Decem ber, 1815, and were in full progress on the 20th October, 1818, when the convention was signed between Great Britain and the United States. It does not appear, therefore, that Spain had any knowledge of the exist ence of these negotiations, and even if this were other- , wise, she would have had no motive to complain, as she , , was in the very act of transferring all her rights to the United States. - But, says the British Plenipotentiary, Spain lookedin silence on the continued occupation by the British. of • the settlements in the Columbia territory subsequently ' to the convention of 1814 ; and, therefore, sheicort. sidered the Neotka Sound convention to berstill. in force. ~'S I The period of this silence, so far as it could affect Spaini !-• commenced on the 28th day of August; •1814,. , the; „„ date of the additional 'articles to the treaty of Madrid,:?. , and terminated on the 22d of February, -1818, the . date' of the Florida treaty. Is there the reason 7 from this silence to infer an admission - ofe Spain of the continued existence of the Nootka Sound convention? In the first place, this' convention was entirely vonfinedta. landing on the coasts 'of those seas, in places not already. occupied, for the purpose of carrying on their commerce - :es t with the natives of the - country,nr of makingsettlements there. It did norextend to- the interim:. At the date ot , . this convention - no person - dreamed that British traders from Canada or , ?Hudson's Bay would cross the Rocky Mountains, and encroach on the rights of Spain from 7 7) that quarter.' `'Great Britain had never made any settle ment on the aerth-westernfcoast“of America, from tho.vfel 7 - date of the Nnetka Senna convention - untikthe February, 1849 , 1 nor; , So far as • the' undersigned is in- , At. formed, has site donefao down to .the - present moment. -,- i - vr , io I , ''• Spain coati:V/lot, therefore, ltave complained'oritny' ' 1 '" such settlement.ln regard to the 'encrbachiliettta' whiclir had beentaadelfrerir the interidr by the North-WeitCotr.o" patty, neithee Slade nor the'rest6f the World hadany sea ' . • " ' cific knowleditebf their existebeF? Btit eeen Witte Whiff-, - ' Plenipotentuifylaid biOnght sikh itrioteietige lioniettiher; which he has tiotatteino ted;she hid been eitittnited long and bloddy theefiJengdged'id drintirer" '• with her colonies ; and was, besidei: negotiating-for a' transfer of all 'lief • tights tile= north-iveiferii America to ifirUnlted "Stalis.'"'SrifelY . tlieise 'Odd Stift cient reasonerirber without .'iiilferfittk. acquiesced in tSh ctsniiiiued existence of the Nobtkci'ioni- - " vtntion. ' If Spain had entertained the least idea that, - the Nootka 6`tiVentionteitil 'stilt force, hertfyod faith l and hernatiortallionotir'wotild'lniv*Ctitisteiliete municate this fact Stitterbefore ceded this tefitory to them' for an ampre'conslderation.• " ' Not the least intimation of this kind was ever coinmarii-I''' 7 . Like Great Britain in 1818; Spain in 181 g Had no idea '"" that the'Noolltd SoUrid convention' viraa'iri`force. It haq then passed as ay arid air forgotten; ' "'‘ ' The British Plenipotentiary alleges, that the rettibit" wr i' m why Great Britain did not assert the existence of tht P"." 1 Nootka contention' during the negotiatiobs .. betWeen 1 " the b ad o' Giiiernnipytil ;n oil e, mon arisen for its interposition, the American Government "lint" having then acquired the title "o ' Spain. It 'very trite that tliW United States` hitii" not then acquired thh'SpaniSh' title ;' - but 'poi% sible to imagine that throughout the whole negOtiatkn the British Commissioners, had they supposed this etni yention to haie beenin existence, would have - red:tithed _ entirely silent' in regard' itti a treaty'which, ii - Grert Britain nevi 'alleges, gave her' equal and ce ordinate ' rights 'with - Spain 'to the . 'whole - north-west 'Coast ok .. '• America ? At that period Great Britain Confined her claims to these arising"fiom discovery arid' purchase ' from the Indiins. How vastly she - could hitie strength's . ened these ciiima; had 'She' then supposed the Nootka • convention to be in force, with her present constructic c • of its provisions": ' Even in it was'first into the negOtiatinn,.na her'Conintissienertfibitr''' •• Mr. Rash tWAmeriniiii PleniOntentiery, ''" ( s ir ' But 'the British . Pletiipotefitiary ' argu'es that "Oil • '-' United S tat& cah ibunit he'Eaitri on 'discovery,' tion, and settlement effected preiindslY'to the Vioti7iit *. treaty, Withdfit'admittit the principles 'of the NOOtlt'a . • convention ;" 6 nor can' they appeal tb any' ofchigfee right as'lleguira by tife Florida treaty, vvitheit' ti et , . Ling all claims adduced. in their own , proper "'. reason cif di3FO'verY"; UPloration, and settlement eidetic.: dent' tcf that l itiarigernent." I). "''''" • Thia is a 'ictibit 'ffigleiiiousineflidd of 'making 'two dit•;" tinct and independent titiei held by the same worse they/ one—of arriving "them ''againgt • Watch other, and thiis destraying:the validity Of_ both. Doc he forget till filieTtfiiiteirStates - own both these titles. - and cab '` them either separately beennjOinity against the Oahe 1 / 4 1 - : 'Great' Brifiun at theitilleasure From the coarse of his remarks; it might be supposed that Great Britain; 'and nbt the United Stlitea, bad at - quire& The 'SpiniSli 'title - Under the - Florida - treaty: But 'Great Britain is a' - third piety = -an entire stringer to both these titles, and has no right whateyer to niarstal the onettgaititt the 6661 • • ' ' f"P I By What'aitthority can - Great Britain 'idlerpkie thli manner ?-IVas it ever irnagined in arifCrinit of justice that the' si'cqiiisition of - tt 'new ' title destroyed old one - ; Mind vice that 'the purchase or the old `title dairoyed' the Yneve - 'one ? In if:question of mere yriviite right; it 'would he ciinsidered absurd it a stranger to both titles should 414 . to the party Who had made a self lcient, you shall not avallyourself, of your pos'sesiion, because this was taken in viOlatinn of another'OutStanding and although I must ad mit that yoAhave also acquired' this Outstanding title, yet , - den this Wall dVail you nothing, becaUse;having taken poisealtit previously to „ your purchase, 'you thereliy . evincelihtit'you did not regkrd such title as valid. And vet such is the Mode by which the BritishrleniPdten- - tiary 110 attempted to destroy both the 4inerican and Spanish' titles. On . the contrary, in the case mentioned, the possession andkliedutatanding title being united in the sarti conjoined would be as perfect as if both , hid been vestedin him from the beginning. Theiitidersigned; whilitiifronglY asserting both thein titles, AAA believing es.6 - 1C tpiem separately to be . gOeti els agaitist Great Britain, Ants . studiously avoided mid luting illy compariso n'Etetween But for the sake of the ariuthentigterely,Ant tte , diScOiery by Captain Gray of `of the Columbia,' ifs ex- _ ploration 'by'Lewia and glirkg,' and the settlement upgn its batiks at.Astorik; were eTieigaChments on Spain, .S 'he, and se'lll64e had ti right to coin_ plain. , Great Britain was third part y ; and;" as such, - had no right to 'inter fere in'tyie question between SPaidatidthe United States. But Sinir., instess. :of anplaining of these acts AB encroaehmei.ts, on the 22d 'February ' , by the Merida treaty, transferred the _Whole `title to the 1 1,Tnited ' States, From 'that moment, su possiblif &inflict hetweTi the two, ' titles was endeli; Stith being united in the o.me party... Tviotitlei which might have conflicted, therefere ; were 'ihtis blended tOfether. The title now vested in the ' United States it jiist as Strong as thotigl7i every act of discovery, exploration, and 'settle ment:on the part of both poWers ad been performed by Spain alone, before she had transferred allherriAti to the United States. The two Powers are one ib Uri; feipect ; the two titles are One ; , 'and, as' the undeiiignecl will show. hereafter, they serve to confirm and strengthen each ther. It Great Britain, instead of 'the- united States, had acquired the title of Spain, she might have contended that those acts of the United States , were encroachments, but, standing in the attitude of a stranger to both titles, she has no right to interfereln the matter. . , =Tll6'undersigneddeems it unne cessar y to pursue tnis branch of the subject further than to state that the United States, before they had acquired the title ofSpain, alWay treatedthat title with respyct. In the negotiation of 1818, the Atherican Plenipotentiaries " did not assert that the United States had a perfect right to that ' conntri ;' but insisted that the ir claim was at least 'goodagainst Great Britain," and the convention of October 20, 1818, unlike that disTootka Sound, reserved the claims of any other , power or state to any part of the said country.. This re servation could have been intended for Spain alone. But, ever singe the United States acquired the Spanish title. they have_always assertedand maintained their right Russian in the strongest terms up - to the line,. even whilst, offering, for the ,sake of harmony and peace, to diside the territory iii dispute gy the . 49th paralleil of latitude. - The British Plenipotentiary, then, has eutirelY, to sustain his position, that the tnited,States cars found no claiM on discovery, exploration , and-iettlement, with out admitting the - principles of the Nootka convention . •, a ,} . D 3!. ' i:Fi"'i J _