The Sun. — London, England, 1845-12-30 00:00:00

4OTICE.-ALTERATION OF TIME AND PI7)I.7i'TION OF FArtEg. GRAVESF.ND for 6d. or 9d., UR!iild:•,! l'AcKE'rs are now rututhig at the above reduced lares.froth the Brunswick iiiackwall, at 9%, 1014, 12, 1%, 3%, and 5. Sundays, 12 and 3% emccpted. From the New Terrace Pier, Gravesend, at By, 9%, 11%, I, 214, and 5. Sundays 9% and 1 ex cepted. Fare : Fore Cabin and Second Class Railway, 6d.; Saloon and First Class, 9d. Star Office, Gravesend, Oct. 11, 1845. RAILWAY LITIGATION. At a meeting of persons, held the 17th day of December, 845, at No. 25, Throgmorton-street, London, to consider the objects ated in an advertisement recently published, and which was read as follows : "RAILWAY LITIGATION. " At a preliminary meeting of persons interested, held the 2d day of December, 1845, " It was resolved,—That proceedings at law having been threatened In various railway matters, it is very desirable that, with a view to the equitable arrangement of just demands, and the resistance of Claims obviously made under the impression that the dread of ruinous law charges will induce compliance, as also to ascertain the legal liabilities of committee-men, shareholders, and applicants for shares ; and further to elicit the actual circumstances of various railway projects (matters far too weighty and important fur indivi dual responsibility), a confidential meeting be speedily convened of Parties who are interested in these objects." WILLIAM COLLINS, Esq., M.P., in the Chair. The names of numerous persons desirous of co-operating having been given in— It was unimously resolved,—That with a view to the accomplish ment of the foregoing purposes, a Society be now formed, to be called " The Railway Mutual Protection Society." That the rules and regulations for th,,, support and government of the Society now read, be approved and adopted. And it was ordered that the same be printed for distribution, and that Messrs. Amory, Sewell, and Moores, of Throgmorton-street; the solicitors of the Society, be authorised to furnish copies thereof to applicants ; and That persons proposing to become members of the Society, aro re quested to send their names and addresses to the solicitors. Upon the motion of Sir WILLIAM Lowviioar, it was unanimously resolved— That Daniel Whittle Harvey, Esq., be appointed President of the Society, and that the thanks: of the country are due to him for hav ing originated this important undertaking. That the thanks of this meeting be given to William Collins. Esq., for his attendance, and for the able manner in which he has presided. MARCUS TRAVERS, Secretary pre tern.. ------- - RAIL WAY MUTUAL PROTECTION SOCIETY. This Society is a voluntary association of persons Interested in the success and judicious administration of railways ; and especially for ascertaining the present state of the law as affecting the rights and liabilities of those connected with railways and railway projects. That in the undefined state of the law touching the various rela tions in which persons connected with railways find themselves placed, great inducements are offered to the resistance of just de mands, and to the enforcement of groundless claims; in either case Imposing very serious expenses, amounting in the one to the denial Hof justice, and in the other to the it,flic don of positiv e wrong. It is obvious that individuals having to enforce their rights against, or to resist unwarrantable claims by bodies corporate in their cha racter, and having in their hands large funds, will do so at a serious disadvantage, without an arrangement for co-operation and mutual assistance, and the aid of a subscribed fund. It is therefore agreed that a fund shall be provided by subscription, and that the following ' • tuba _awl regulations shall he. Wax, upo,R As.,,vaPPlbels Society. That a Committee of seven persons, including the President, to be called the Council, shall be appointed to conduct the business of the Society. That a president shall be appointed, whose sanction, with two of the Council, shall be necessary to all decisions touching the institution or defence of proceedings at law or in equity. That tho Council shall consider the case of any member of the Society which may be brought before them, and shall advise whether any and what proceedings shall be taken, either at law, in equity, or Otherwise, for the protection or assertion of the rights of such mem ber, and that all such proceedings as may be suggested by the Council shall be submitted to the solicitors of the Society. That, for the guidance of the Council, and for the satisfaction of the members of the Society, the opinions of several counsel at the equity and common law bars shall be taken upon the various and Most prominent questions which may affect the rights and liabilities of the subscribers and allottees of shares, as well as the Directors, Managing and Provisional Committeemen, of railways and railway ;projects. That the names of persons seeking to become members of the So ciety shall be submitted to the Council, who shall have the absolute power of admission. That an annual subscription of Two Guineas shall be paid by each member of the Society, on or before the Ist of January in each year, and no person shall be deemed a member until such subscription be paid. That members who shall not renew their subscriptions on or before the Ist day of January, 1847, and so on from time to time, on or before any succeeding Ist of January, shall cease to be members of the Society. That any subscriber who may desire to confide his own case tothe Council of the Society, may do so in strict confidence, and if his case Is one which the Council deem to be within the scope of the Society, may then have the option of requiring his interests to be considered by the solicitors of the Company upon the payment to the funds of ;the Society of such further sum of money as may appear to the Cooli p appropriate and reasonable, or of placing the business in other hs ode upon his own responsibility. Etat all subscribers shall be entitled to the benefit of the opinions of •ounsel propo*ed to be taken for the guidance of the Council, and also of the advice of the counsel and of the solicitors. Vault Daniel Whittle Harvey, Esq., he appointed the President of the e'::ouncil. Th at R. P. Davis, Esq., be appointed the Treasurer, and Messrs. Amory, Sewell, and Moores, the solicitors of the Society. That the Council shall have power to make rules for the manage toO the business ef the Society, provided they are not repugnant the ,above rules. And that no subscriber shall be liable for an; omits, charges, and expenses whatever beyond his subscri gage ption, and such other expenses as shall have been provided fo r by his en ments with the Council. UNIVERSAL GAS - LIG HT COMPANY. - PRELIMINARY ANNOUNCEMENT. Capital 100,0001., in 5,000 Shares of 201. p er Share. Deposit 10s. per 1001. Shares, in accordance with the Act. (Provisionally Registered.) Under the Management of a Provisional Committee. C 'ONSULTINQ CHEMlST—Profe,.sor Ryan, M.D., LL.D., Royal Col lege, Portsmouth, and Royal Polytechnic Institution. ria 'ems-ea —Henry Francis, Esq., Palentee, 40, Elizabeth-etreet, Eaton-square. HAI-Issas—Sir Claude Scott, Bart., and Co. Esq., 23, Bedford-row. SOLICITOR —J• F. W. Fesemney er, SECRETARY —Mr. William Nicholson. Ofilices of the Company and Working Factories, 159, Drury-lane. The Company is formed for the purpose of carrying out, more ef fectual'ly working, and bringing hsto general use, an invention se cured by letters patent for an improved manufacture of gas. The apparatus is so portable it can be fitted up on any descrip tion vt building, even at a kitchen range, without affecting the do mestbs arrangements, and the fire used in ordinary in generating the gas will be ample to produce steam for warming the most extensive premises. The most eminent engineers and chemists unite in opinion that the invention is not only practicable and free from smell or annoy ance, but by this valuable patent is secured the manufacture of a pure and superior gas, not only on new, but sound, scientific, chemical, and mechanical principles, which have been hitherto overlooked in be common modes of manufacture ; besides, this gas possesses more 4:4 the illmninating power, and will burn longer, than that now in use, In the proportion of 40 per cent. in favour of the invention. ,the patent method is app licable to lighting generally, but more esp, !chilly small towns, villages, lighthouses, colleges, churches, dock yam Is, theatres, public offices, prisons, barracks, railway stations, men ufactories, printing-offices, madhouses, hospitals, and schools, &c., Anti warming the buildings, without extra expense. The benefits which would accrue to lighthouses, dockyards, and numerous localities, where the ordinary gas cannot be conveyed withot, t the formation of many new Acts and Companies, or at im mense expense, would be sufficient to obtain for this Company the most pre nninent and prosperous position. The gi eat saving to the consumer, the small portion of room requi site for it he erection of the apparatus, the simplicity of its working, and the bi illiancy of the gas, will insure the adoption of the invention throughout the kingdom ; and although the public can be supplied at a price which will defy competition, the Company can confidently hold out to those disposed to become shareholders a return upon , their capital of not less than fifty per cent. The Company being far advanced, will be in a situation, when fully ref Tistered, to take contracts immediately. A tpplications for shares, in the usual form, to be made to, and f e et, her particulars obtained of, the Solicitor, and also the Secretary, at tia e Company's offices, where may be seen the apparat us at work, and 1 :he brilliancy of the gas exemplified. C ANDLES at CLARK ' S R EDUCED PRICES. Palace Wax Candles (finest wax made), Is. lid. per lb. ; Orient Wax, Is. 9d. ; Transparent Wax, Is. 6d. ; Queen's Sperma ceti, Is, Bd. ; Sperm, is. 6d. and Is. Id. ; Clark's Royal Wax, Is. ; Patent .Sperm, Is. ; Clark's Solar, superior toellow all composite, 10d. )(mime/ Candles (six months old), 5, , id. Y Soap, 295. 485., and Cie. k's Superb Soap, 58s. per 1121bs. ; Mottled, 565. per 1121bs. ; Sweet Al Mend, Is. 9d. per lb. ; Orient Rose, Is. 9d. ; Old Brows Windsor, 2e., the finest, Is. Sd. ; Royal Musk Windsor, 2s. ; Scented Curd, Bd. S i ierm Oil, 6s. 3d: and Os. 9d. per gaPou ; Clark's Patent ,sp er m on ly ; Solar, 3s. 4d. At CLARK'S Old-established Candle And Immense Lamp Depot, 447, WEST STRAND. Please write down address. C H,R, I S T M A S!!! Awaken:l' lyre with tuneful lay, And " welt:eine" give to " Christmas Day !" It is a joyous, .happy time, When music, mirth, and love combine, To strew our path wills roses bright, And mingle friewlship with delight 1 And what is most Ossential—say, To give éclat to " Chtistmas Day ?" Why " Clothing !" that we own's a fact ; We therefore tell you hovr to act ! Away to " Hyam's "—order there Habiliments of beauty rare 1 And then with confidence and joy M o st charmingly your ttrne employ ; In scenes of pleasure bright and gay, You'll pass a happy " Christmas Day , ! !" List of Prices for Winter Garments ready-nsade £ s. d, Oa ottlemen's Over-coats from .... .. G t tntlemen's Chesterfield and Taglionis, from .. .• • ...... II 15 0 Co tntlemen's D'Orsays and Glenlyous .•••••• • •• • • • ..... •1 1 0 - 2. , Pre Over-coats .•• • • • "Yi ouths' Chesterfleids and Tag • ... ..... ...... ..... 010 6 Di 'ass Coats, in all colours, braided edges, from ••• • • • Su rteuts, ditto ditto Tr ousers, in Cloth and Doeskin, from •• • • .... • ... 6 Yt .sts, splendid patterns, in every material, from .••• . • • • 0 4 6 List of Prices for Winter Garments to order, in first-rate style and f a shion : A s. d. Ch esterfield and Taglioni Over - co ats, from ••••••• • • • " • • 0 10 0 18 0 D'Orsay and Glen l y on ditto, from • • • • • ... . . ..... ..•• • .. 1 Alb e rt and Codrington walking ditto .. ••••• • • • • ......... i 0 1 Y ou th s " Taglionis and Chesterfields •••••• • • • • • Dress Coats, made in superior style , fro m •••• • • • •. .. .• .. 1 10 0 Surtouts, from T r ousers, in Black and Fancy Doeskin, from • • • • • • • . •• • . 0 7 0 • 0 15 0 Vests, of the newes t materials, from • • .... ........... The Ordered Department is conducted entirely distinct and sepa rate from the Ready-made, and buyers will find patterns and ma terials quite original. An immense assortment of Youths' clothes kept constantly on hand, of warranted durability, at very reduced prices. Mourning of ev ery description, and to any extent, can be had at five minutes' notice. A book, entitled " The Talk of the Town," containing list of prices, can be had on applying to L. Ilyam, Pantechnetheca, 36, Graceehurch-street, i jdo ndon. No business transacted on Saturdays until the eveld RHEUMATISIa. All those suffering from Rheumatism, Chi:Mains, Lumbago, Tie-Doloreux, Cramp, Sprains, &c., will find imm,.diate relief and a speedy cure by using CORRALL'S EMBROCATION• The great and increasing demand for this novel Embrocation trainees the proprietor to introduce it more generally to the public, satisfied that one trial alone will be sufficient to convince the most sceptical of its superiority over all other articles offered for similar purposes. Sold In bottles at Is. 1%d., 25., and 2s. 9d. each, Trott the Sole Prond - _ prietor, George Rick ardson, 12, Norland-Place, ng-hi, a ' by his appointment by Barclay and Sons, 95, Farringdon• street ; -and J. Sanger, 150, Oxford-street. Orders, by post, directed to the ..Proprietor, promptly attended to A CROS FIC addresed to MR. GRIMSTONE, ON HIS INCOMPARABLE EYE SNUFF. G ifted of men, who by thy wondrous art, R enowned in every clime, through every part, I n Europe's wide and civilised domain ; M idst Asia's contless millions, and again, S tretching from Afric's broad and scorching shores T o where the mighty Niagara roars : fj It I here accept this tributary lay, N G •T deem that I can ever well repay, xe cot In gratitude sincere, profound, 'S uch N,ondrolts benefits I so long have found. E 'en from to moment I was led to try Y cur mare 71011/1 SNUFF, the SAVIOUR OF Till EYB 1 E ase, health, ind comfort, now attend my day. S afe from the lam:Vo hewild'ring dazzling blaze, N or dreading e'en Out :un's Too burning rays. U nfit, in former days, for much employ, F eeling, not seeing: now, iideed, joy, F ree and unbounded , thrives Without alloy l Sept., 1840. J. M. S. Observe—The gigantic balance of all, the Public Press I eulogise this excellent compound of British Herbs. The reader will remem ber that this celebrated Eye Snuff has been before the Public up wards of thirty-three years, advancing in the favour of all who use it. This odoriferous Snuff is sold loose at 6d. per Onnce, or in canis ters bearing the above Royal Authority and the sanction of her .Majesty's Lords of the Treasury on eac h ' canister, at ad., 3d., Is. 4d., 4s. 4d., Bs., and 15s. 6d. each, by all Tobacconists, Merchants, A quarte rs This Eye Snuff is exported in white stone canisters to eil of the globe. A liberal discount allowed to Merchants. si:opers, Agents, and others, on taking large quantities. t,lok well to tke GRIMSTONE Signature of Inventor, W. , 434, O XFORD STREET, and 24,the KING STREET, LONG ACRE. LONDON *** For the convenience of TobaCConists, Grocers, and others who sell this Merbaosonz Eye Snuff loose and wish to have it in large quantities, they can be now supplied ' With canisters containing ten pound', or wpwards, if required. by sending a Post Office Orde `faro s , a la, 4d. canister will be rettwpd, with .full particulars, potagiaclUded, ing so on in like proi?ortton. , • VlN.i 9 * I No. 16,653. LONDON, TUESDAY EVENIN CHRIS rMAS HOLIDAYS. ROYAL POL YTECHNIC INSTITUTION, Lectures for this period of the year, by Dr. Ryan and Professor BachotYlier in CHEMISTRY and NATURAL PHILO SOPHY will be illustrated by interesting and brilliant experiments. A Lecture on the PREVALENT DISEASE in roTAToEs will be delivered by Dr. Ryan, and also on the ATMOSPHERIC .RAIL WAY, by Professor Bachoffner, a Working Model of whirl, car rying several persons, is exhibited daily. The additions to the OPAQUE MICROSCOPE, DISSOLVING VIEWS, and CHROMA TROPE are very effective. The PHYSIOSCOPE. Submarine Ex periments by means of the DIVER and DIVING BELL. Among the various additions to the Working Models is e-olennan's NEW AIin:RICAN LOCOMOTIVE ENGINE, for ascending and de scending inclined Planes. A magnificent Collection of TROPICAL FRUITS. Mr. Downe, the celebrated Flats Player, will take part in the Music, conducted by Dr. Wallis. Open from Eleven to Half past Five, and from Seven to Half-past Ten in the Evening. Admission, One Shilling. Schools. Half-price. MIDLAND RAILWAY. THE MIDLAND RAILWAY COMPANY Is prepared to receive LOANS on SECURITY of their Deben o tures fr perl ods oThee, Five or Sven Years, in su ms of not less than 1,0001. each, r at interest, after. e the rate of 41. per ceit. per annum. Applications to be made to the Secretary, at the Company's Office, Derby. By order, Dec. 16, 184 i. J. F. BELL, Secretary. EASTERN COUNTIES RAILWAY. EXTENSION STOCK, No. 2. The Directors of the Eastern Counties Railway Company do, in pursuance of the power vested in them by the General Meeting of the Proprietors held on tke 28 th Augus t last, and for the purposes mentioned in the report of the Directors to the Proprietors, call the further sum of Two Pounds per share on the shares of the Extension Stock, No 2, of the Eastern Counties Railway Company, to be paid en THURSDAY the 22d day of January next to any of the undermen tioned Bankers of the Company, who are instructed to receive the same on presentation of the Scrip. Interest will be charged upon the instalments at tke rate of 51. per cent. per aanum, if not duly paid at the above-mentioned date. By order of the Board, GEORGE HUDSON, Chairman. C. P. RONEY, Secretary. London and Westminster Bank, Lothbury, or any of its Branches Liverpool Borough Bank —Liverpool. Manchester and Liverpool District Bank—Manchester. Wilts and Dorset Banking Company—Salisbury. Messrs. Lemon and Co.—Brentwood. Messrs. Mills, Bawtree, and Co.—Colchester. MeSsrs. Sparrow and Co.—Chelmsford. xa,ttop,al 7,-. . :,.r National Provincial Bank —Birmingham. National Provincial Bank—Boston. Western Bank of Scotland —Edinburgh. Western Bank of Scotland —Glasgow. Royal Bank of Ireland—Dublin. East of England Bank—Great Yarmouth. West of England and South Wales District Bank—Bristol. Messrs. Harveys and Hudson—Norwich. Messrs. Bacon, Cobbold, and Co. 1 Ipswich. Messrs. Alexanders and Co. • • .• Cheltenham and Gloucestershire Bank—Chelteham. Union Bank—Tork. Offices, Shoreditch Station, Dec. 27, 1845. GREAT WESTERN RAILWAY On and after the Ist January, 1846, an additional Third Class Train will run daily (Sundays excepted) between Paddington and Bristol in both directions, Down at 10.30 A.M., Up at 6.30 A.M. The stoppages at the intermediate stations may be seen by refer ence to the time bills. Third Class Passengers, and Horses will no longer be conveyed between Paddington and Bristol by the 2.15 r.m. Down Goods Train ; or by the 2 P.M. (10 P.M. from Bristol) . Up Goods Train. Third Class Passengers between Exeter and Swindon will be con veyed by the 5.15 P.M. Train, instead of by the 2 P.M. Goods Train, as heretofore. From Bristol to Exeter Third Class Passengers will continue to proceed by the 2.15 P.M. Goods Train, as at present. The usual Passenger Train, from Bristol to Bath, at 6.30 ♦.M., will NOT be discontinued. By order of the Directors, CHAS. A. SAU.NDERS, Secretary. 'ftddington. Dec. 29. 1643 E AST DEREHAM AND NORWICH RAILWAY. The Committee of ➢lanagement beg to announce to the Share holders that a large proportion of the Scrip has been sent in for re gistry, and they request that persons who hold the remainin4 por tion will send it forthwith to the Secretary in Norwich, in order that their arrangements may be completed in ample time for the requia; ments of Parliament. . _ By order of the Committee, EDWARD WILLETT, Chairman. Norwich, Dec. 27, 1845 -- - LEEDS AND CARL ISLE RAILWAY COMPANY. Natio° is hereby given, that a Meeting of Shareholders of this Company, will take place at the London Tavern, Bishops gate-street, on MONDAY, the sth of January, 1846, at One o'clock precisely, to lay before the Proprietors the terms of the amalgamation which has been agreed to with the Yorkshire and Glasgow Union Railway Company, and the general state of this Company. By order of the Committee of Management, C. LOCOCK WEBB, Secretary. Gresham-rooms, Basinghail-street. HARWICH RAILWAY and PIER COM PANY (with Branches to Thorpe to ioken and Alresford). MANAGING COMMITEEE. Sir ROBERT PRICE, Bart., M.P., Chairman. Martin Stutely, Esq. Charles Sturgeon, Esq. R. Borman Fisher, Esq. James R. Croft, Esq. William Downes, Esq. John G. Wilson, Esq. ENGINEER —Joseph Gibbs, Esq. SOLICITORS. London—Thomas Jones Mawe, Esq. Colchester—William Salmon Cooper, Esq. The Committee beg to announce that it is their intention to pro ceed to Parliament in the ensuing session, and that the standing orders to the present time have in all respects been fully complied with. The share list will close on the sth day of January next, previously to which forms may be had and applications will be received, accom panied by references to a banker, or person of known responsibility, addressed to the solicitors in London or Colchester, or to the brokers already advertised By order, 4, New Bridge-street, Dec. 23, 1845. T. PRICE, Secretary. GRAND UNION RAILWAY. ISSUE OF SPALDING AND BRANDON JUNCTION RAILWAY SHARES. Notice is tereby given, that the Shareholders of the Grand Union Railway who are desirous of taking shares in the Spalding and Bran don Junction line, are required to send in the original scrip for re gistry on er before the 6th of January, 1846. signed by the owner The scrip must be accompanied by a letter, with his name in full, his occupation, and residence, stating the quan tity of scrip, and the respective numbers sentin for registry, together with the name of a party in London to whom reference may be made as to responsibility, otherwise it cannot be received. A receipt will be given for the scrip deposited, and at the expiration of two days (if the holder be considered sufficiently responsible by the Directors) it will be returned, together with a letter of allotment for the Spalding and Brandon Junction Railway shares. The allotment will be in the proportion of one share for every five of the Grand Union Rail way scrip. Application must be made on er before the day above named, otherwise no claim for the Spalding and Brandon Junction shares will be recognised. The deposits will be payable at the several Bankers specified on the Letter of Allotment, on or before t he 15th of January, and the Deeds will lie for signature as under, when theßankers' receipts may be exchanged for Scrip Certificates. London—At the Company's Offices, 78, Cornhill, and at the Offices of the Norfolk Railway Company, Guildhall -buildings, from the sth to 20th January, 1846, inclusive, between the hours of Ten and Five o'clock. Nottingham—At the Offices of the Grand Union Railway Com pany, St. Peter's. square, Friday, 16th January, 1846. Leeds—At the White Horse, Saturday, 17th January, 1846 . Manchester—At the Albion Hotel, Monday, 19th January, 1846. Liverpool—At the Angel Hotel, Tuesday, 20th January, 1846. As it is understood that Parliament will meet on the 22d January, the time for payment of Deposits and execution of the Deeds can on no account be extended. The Plans, Sections, and Books of Refe rence were deposited with the Board of Trade and the several Clerks of the Peace on Saturday, the 29th November, and all necessary arrangements have been made for obtaining an Act in the ensuing session of Parliament By order, 78, Conditll, Dec. 24, 1845 . ALFRED BEESTON, Secretary. NATIONAL LOAN FUND LIFE ASSUIt.• ANCE SOCIETY, 26, CORNHILL, LONDON. Capital $500,000. Empowered by Act of Parliament. This institution offers important and substantial advan tages with respect both to Life Assurances and Deferred Annuities. The assured has, on all occasions, the power to bonny, without ex pense or forfeiture of the Policy, two-thirds of the premium paid, (see table) ; also the option of selecting benefits, and the conversion of hi; interests to meet ether conveniences or necessity. Assurances' for terms of years are granted on the lowest possible rates. DIVISION OF PROFITS. The success and increasing prosperity of the Society has enabled the Directors, at the last annual investigation, to declare a third Bonus, varying from 31J to 75 per cent. on the premiums paid en each Policy effected on the Profit scale. EXAMPLES. Vil 1 Pr 4 g ~ , d ce rr mi ' t 4 Bonus Bonus in iii ari 4 •0 to :,T . 0 , a "1. ' added. Cash. i'; ; E' r 4 15 I • • ._, t , • E. F..- 1 (4. _,-.-- - --- ----- -- -- IA 1 74 1 x ii . 4 1537 £l9l 13 6 £B7 13 5 £ l3 17 1 £395 11 1 4 ' 1838 165 13 0 74 13 10 11 8 6 346 2 3 60100 1839, 138 13 6 61 14 3 9 210 296 13 4 1540 89 0 0 41 13 4 6. 0 247 4 6 -' - The division of profits is annual, and the next will be made in Do cenier of the present year. F. FERGUSON CA.MROI7%. Sib e. ANNUITIES. THE AUSTRALASIAN, COLONIAL, and GENERAL LIFE ASSURANCE and ANNUITY COM PANY, 126, Blshopsgate-street, corner , el Con hill. Capital, 200,000/., in 2,000 Shares. DIRECTORS. Edward Barnard, Esq., F.R.S. Gideon Colquhoun, E. Robert Brooks, Esq. C. E. Mangles, Esq. Henry Buckle, Esq. Richard Onslow, Esq. John Henry Capper, Esq. William Walker, Esq. TRUSTEES—Edward Barnard, Esq., F.R.S. ; J. H. Capper, Esq. ; Edward Thompson, Esq. AUDITORS—JaMeS Easton, Esq., and C. Richardson, Esq. Sommoza—Messrs. Maples, Pearse, Stevens, and Maples. BANKERS—The Union Bank of London. COLONIAL BANKER£P—The Bank of Austral -frias, asia London.rp (incoorated by Royal Charter, 1835), 8, Austin PRYSICIAN—Dr. Fraser, 62, Guildford -street, Russell-square. ACTUARY AND SECRETARY—Edward Ttyley, Esq. to par- To the purchasers of Annuities this Company, in addition ticipation in profits, holds out the advantage of a much higher rate of Annuity than can be g ranted with safety by companies which make their investments entirel y in this country. The following are specim ens of the rates of annuities granted for every 1001. sunk Male Female \ 1 Male Female Age. Lives. Lives. Age. Lives. Lives. 40 Z 7 8 3 Z 6 18 2 65 Zl2 12 0 £ 10 19 0 60 016 6 714 4 70 15 0 8 13 2 6 60 10 16 3 99 0 75 18 9 2 16 3 5 Prospectuses, with Tables, forms of Proposal for the purchase of an Annuity or for malting an Assurance, and every information, may be obtained by application at the Office of the Company. JONES'S DEM ULCENT COUGH LO ZENGES, the best remedy ever discovered. Persons or afflother icted Nish cough, asthma, diffic ult y of breathing, consumption, diseases or derangement of the respiratory organ*, will experience mmeAli a te relief, and derive p ermanent benefit, by the us of JONES'S DEMULCENT COUGH LOZENGES, which are so silica cious, that they will cut short the most violent paroxysm of cough ing, and are so agreeable to ths palate that they may be eaten as a con y fection. Sold b the proprietor, Peter Jones, operative che mist, 11, Norton folgate, Bishopsgate-street, London, in boxes ls. 114 d., and in tins at 2s. 9d. each, duty included ; and by most chemists and patent medi cine veedors in town and country. DREDGE'S HEAL-ALL, or CELEBRATED EMBROCATION, Has long been known throughout the West of England as the most effi ca cious remedy for rheumatism, lumbago, pains in the limbs aid numbness, sciatic and paralytic afTecgrins, face-ache, sprains and bruises, barns and scalds, spasms and cramp, §tlffness of the joints or neck, frozen limbs, chilblidllS before they ars broken. It is likewise an infallible cure for that dangerous disorder, the unitise) , or sore throat, in which it was never known to fail after a few hours application. OBSERVE—That none can be genuine unless the Stamp affixed to each Bottle contains the Name and Address of BARCLAY and SONS, No. 95, l',aringdon• street, who have purchased the property in this valuable article from the executors of the Inventor, William Dredge, late of Wishford, Wilts.—Retail price, Is. lid. Anil 2s. 9d. per bottle ; and solCretail, by all respectable 131.04 1 1.0 tows. and oountry. PUBLICATIONS. 41FNLARGEMENT OF THE ATHEN 2 EUM. On and from January 3, THE ATHENALUM will be PER MANENTLY ENLARGED to Twenty-Four Large Quarto Pages. Price Fourpence. Pice 35., No. XL., New Series of THE JOURNAL of AGRICULTURE and the TRANSACTIONS of the HIGHLAND and AGRICULTURAL SOCIETY of SCOTLAND. Published Quarterly. William Blackwood and Sons, 45, George-street, Edinburgh; and 37, Paternoster-row, London. Sold by all booksellers. rrHE DUBLIN UNIVERSITY MAGAZINE I_ for JANUARY, price 2s. Gd., contains :—Prizes in the Lottery of Repeal. The Prodigy of Salzburg, Old Letters—by Elizabeth Youatt. Irish Rivers—No. ll.—The Bride. Literte Orlentales— Ottoman Poetry. The Falcon Family : or, Young Ireland. Present State of our National Defences. Captivity and Adventures of Joseph Pitts, an English Slave in Algiers. Italian Peets—No. VI.--Ariosto, Part 111. Newman on the Development of the Christian Doctrine. The Stone of Witness—by a Dreamer. The Wanderer's Return— by J. Fullarton. Spare me yet Awhile—by John Fisher Murray. New Year's Night Wishes—From Jean Paul Richter. Social Disor ganisation in Ireland—The National Club. Dublin : William Curry, jun., and Co. London : W. S. Orr and Co., and all Booksellers. TAITS EDINBURGH MAGAZINE, for JANUARY (the Commencement of a Volume), Price One Shilling, contains — Visit to Mr. O'Connell at Derry - nane ; by William Howitt.— Children.—Fairies and Railroads.—Naples in 1A43-4 ; by Madame Wolfensberger. —Notes on Gilflllan's " Gallery of Literary Portraits ;" by Thomas De Quincey; No. 111., Shelley.—Love, Jealousy, and Vengeance; a Highland Tale, by Sir Thomas Dick Lauder.—Oliver Cromwell's Letters and Speeches.—How is Parliament to get through its Railway Business ?—Literary Register.—Politics of the Month. W. Tait, Edinburgh ; Simpkin, Marshall, and Co., London. COLBURN'S NEW MONTHLY MAGAZINE. Edited by W. HARRISON AINSWORTH, Esq. Contents for JANUARY. No. CCCI. I. The Murderer's Confession. By Horace Smith. 11. The Westminster Play. By Sergeant Talfourd. 111. Echoes from the Backwoods. By Captain Levinge. IV. The Vision of Carl Van Quiet. By Charles llooton. V. New Year's Day. By Dudley Costello. VI. The Prixateersman. By Captain Marryat,.l3,l4: VIT. The Roberties orilhelr Travels. By Mrs. Trollope. (Concluded.) VIII. Beauchamp. By G. P. R. James, Esq. IX. Sonnet to Sergeant Talfourd. By E. Kenealy. X. Old Romalioes concerning Bernardo del Carplo. By John Oxenford. XI. Sketches of the Lives of Lords Stowell and Eldon. XII. Lights and Shades. By W. 11. Maxwell, Esq. XIII. The Old Pilgrim Ferry. By Andrew Winter. XIV. Travels and Opinions of Mr. Jolly Green. XV. Revelations of London. By the Editor. XVI. Literature of the Month. Embellished with a Portrait of W. HARRISON AINSWORTH, Esq., by DANIEL MACLISE, R.A. Chapman and Hall, 186, Strand. WITH AN ILLUSTRATION BY GEORGE CRUIKSHANK. AINSWORTH'S MAGAZ IN E. Contents for JANUARY. No. XLVIII. I. The Count of Monte Christ*. 11. The Guerilla's Daughter. 111. Tom Walker's story. By Jackson Lee. IV. The Miseries of a Prize. By George Raymond. V. Life and Writings of Nimrod. By the Author of "Handley Cross." VI. Deeds not Words. By J. E. Carpenter. VII. How Miss Mountnorris got a Husband. By Shirley Brooks. VIII. Saib and Nourmahall. By Thomas Miller. IX. The Diamond Lance and the Golden Basin. A Breton Le gend. By W. Hughes, Esq. X. Shelley. By E. Kenealy. XI. Dreams. By J. L. Forrest. XII. SIR LIONEL FLAMSTEAD. By W. HARRISON AINSWORTH, Esq. WITH AN ILLUSTRATION BY GEORGE CRUIKSIIANK. hapinan and Hall, 186, Strand. JUL LIEN'S MUSICAL ETRENNES for 1846; or, ALBUM DES BA LS DE LA COUR. This Album contains JULLIEN'S newest and most fashionable QUADRILLES, VALSES, and POLKAS, as performed at the Court Balls, and at the Grand Bal Masque on Monday last. It forms an excellent selection for the balls and parties of the present gay season, and, at the same time, a most recherche cadeau for the New Year. M. Jullien has also published L'ALBUM VOCAL, L'ALBUM DE L'OPERA, and several other beatitully illustrated volumes, which are now being exhibited at his Depot Musical, 214, Regent-street, in the style of " Expositions du Jours de I'An," at Paris. DEDICATED BY PERMISSION TO DR. ABERCROMBIE. In One Thick Volume Octavo, double columns, price 145., TIIE SEVENTH EDITION, ENLARGED, CORRECTED, AND IMPROVED, OF A DICTIONARY 'OF MEDICINE, DESIGNED FOR POPULAR USE," containing an Account of Diseases and their Treatment, including those most frequent in Warm climates; with Directions for Admin istering ➢ledicines ; the Regulation of Diet and Regimen ; and the management of the Diseases of Women and Children. By ALEXANDER ➢IACAULAY, M.D., Fellow of the Royal. College of Surgeons of Edinburgh, and Phy sician-Accoucheur to the New Town Dispensary. " Just such a work as every head of a family ought to have on his book-shelf."—Brighton Herald. Adam and Charles Black, Edinburgh ; Longman and Co., London. PARIS AND LYONS RAILWA.Y. (GANNERON'S COMPANY.) A PUBLIC MEETING of the Sharehokiers of this Company will be lieldat the City of London Tavern, Bishosgate-street, on FEIDAY NEXT, tke 2d of January, 1846, at Twelve for One o'clock precisely, to receive the report of the Committee relative to the general fusion of the Companies formed to bid for this line, and on other matters. By order, WILLIAM VILLESBOISNET, I E „eeTetaries. EDWARD FILDER, 7, Tokenhouse-yard, London, 27th December, 1845. - - v 7 ,--- -- 1 . _ (~,,i0,,,-----/------7 // Af—?--/d---4iPi Gi /' 4 2 ( .. 7 ...._ _.. .„. . , . - , ~......;.! ,E.,..„.. -,- ~, .. .... • „... .., .. 4R, , .t..m . 114, ':-'O . - , , i e.t.., tot? , _ .. ~,,,,, f e .„.N.,,. ! --....„ iv.---....,..,, ~ , 1 1,,b Alt '-- _' ,N,'••''f, l '..- 4- 1.,.., Th . .....----rr. ~ -,.,• -,;', •" ' -s-' , .f.: ,-!.!.. • - -, , e:. , • • . ~,., , . i'" . '.`•ir .•;._—_ -- ,- - 2 -' ,I A• - ' : • ~ '',,:‘,. - ' .',' ,4 ' 11 „• . \ - #441,144t ' ~.. - - •:,- ' '-' ' " . r -i:W •1, , I ':' . ~ ~,, Al t (' 0 '- 411 •,,, ''' ' ' ----______ . r' ' ~,,• !IP , ' ' 1-3 t 4 ' •..'. '-' ', A 7' . - ' ~ • •-., ,„\-` , - - , ;....Aii.. - . 4,4 . „ • . ..., •- v , A , - - C- i ( ' '.. ,:-- 5',,c,c,,°4 ',err,' 1 , 0; 4 ' in• r , .iill. ,"% i 0 ,4 - 6 0,7 gi f • • + ii- 1 c,..._ - • *0 _ _it° PRICE SD. I V7 Ny DECEMBER 30, 1845. 1 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 George under 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 proposal actually 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 rtgard 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 those rights 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 ? OFFICIAL CORRESPONDENCE __ ti There would have been no refuge for the United States ON THE OREGON QUESTION. but in an appeal to the principles of the Nootka conven- The following are the two concluding letters of Mr. To deny this, then, the validity of the Nootka eon vets. Pakenham and Mr. Buchanan, and contain all the im- tion, is to proclaim the illegality of any title founded on portant points of the questions at issue : discovery, exploration, or settlement, previous to the conclusion of the Florida treaty. THE NEGOTIATION. To appeal to the Florida treaty as conveying to the Washington, July 29, 1845. United States any exclusive rights, is to attach a cha- Notwithstanding the prolix discussion which the sub- meter of encroachment and of violation of the rights of ject has already undergone, the undersigned, her Bri- Spain to every act to which the United States appealed tannic Majesty's Env o y E x t ra ordinary and Minister in the negoti a ti on o f 1818, as g i v i ng t h em a c l a i m to Plenipotentiary, feels obliged to place on record a few territory on the north-west coast. observations in reply to the statement marked J. 8., These conclusions appear to the undersigned to be which he had the honour to receive, on the 16th of this irresistible. month, from the hands of the Secretary of State of the The United States can found no claim on discovery, United States, terminating with a proposition on the part exploration, and settlement, effected previously to the of the United States for the settlement of the Oregon Florida treaty, without admitting the principles of the question. Nootka convention, and with the consequent validity of 1 In this paper it is stated that " the title of the United the parallel claims of Great Britain founded on like acts; States to that portion of the Oregon territory between nor can they appeal to any exclusive right as acquired the valley of the Columbia andjale Russian line, in 54 by the Florida treaty without upsetting all claims ad deg. 40 north latitude, is reedrded in the Florida - treaty. diked in theernwn . propeerightslsrieluteeThf dikovery, Under this treaty, dated on the 22d February, 1519, exploration, and settlement, antecedent to that arrange- Spain ceded to the United States all her rights, claims, ment. and pretensions to any territories west of the Rocky The undersigned trusts that he has now shown that the Mountains, and north of the 42d parallel of latitude." convention of 1790 (the Nootka Sound convention), has "We contend," says the Secretary of State, " that at continued in full and complete force up to the present the date of this ccnvention, Spain had a good title, as moment : against Great Britain, to the whole Oregon territory; By reason, in the first place, of the commercial cha- i and, if this be established, the question is then decided meter of some of its provisions, as such expressly re in favour of the United States," the convention between newed by the convention of August, 1814,between Great Great Britain and - Spain, signed at the Escurial, on the Britain and Spain : 28th of October, 1790, notwithstanding. By reason, in the next place, of the acquiescence of " If," says the American Plenipotentiary, "it should Spain in various transactions to which it is not to be appear that this treaty was transient in its very nature; supposed that that power would have assented, had she that it conferred upon Great Britain no right but that of not felt bound by the provisions of the convention in merely trading with the Indians whilst the country question : should remain unsettled, and making the necessary esta- And, thirdly, by reason of repeated acts of the Go blishments for this purpose; that it did not interfere vernment of the United States, previous to the conclu with the ultimate sovereignty of Spain over the tern- sion of the Florida treaty, manifesting adherence to tory; and, above all, that it was annulled by the war the principles of the Nootka convention, or at least dis between Spain and Great Britain in 1796, and has never sent from the exclusive pretensions of Spain. since been renewed by the parties, then the British claim Having thus replied, and he hopes satisfactorily, to to any portion of the territory will prove to be destitute the observations of the American Plenipotentiary with of foundation." respect to the Nootka Sound convention and the Florida The undersigned will endeavour to show, not only that treaty, as bearing upon the subject of the present dis when Spain concluded with the United States the treaty cussion, the undersigned must endeavour to show that of 1819, commonly called the Florida treaty, the con- even if the Nootka Sound convention had never existed, vention concluded between the former power and Great the position of Great Britain in regard to her claim, Britain in 1790 was considered by the parties to it to whether to the whole or to any particular portion of the be still in force ; but even that, if no such treaty had Oregon territory, is at least as good as that of the ever existed, Great Britain would stand, with reference United States. to a claim to the Oregon territory, in a position at least This branch of the subject must be considered, first, as favourable as the United States. with reference to principle—to the right of either party, The treaty of 1790 is not appealed to by the British Great Britain or the United States, to explore or make Government, as the American Plenipotentiary seems to settlements in the Oregon territory without violation of suppose, as their " main reliance" in the present discus- the rights of Spain ; and next, supposing the first to be sion ;it is appealed to to show that, by the treaty of 1819, decided affirmatively, with reference to the relative value by which " Spain ceded to the United States all her and importance of the acts of discovery, exploration, and rights, claims, and pretensions to any territories west of settlements effected by each. the Rocky Mountains, and north of the 42d parallel of As relates to the question of principle, the undersigned latitude," the United States acquired no right to exclu- thinks he can furnish no batter argument than that con sive dominion over any part of the Oregon territory. tained in the following words, which he has already once The treaty of 1790 embraced, in fact, a variety of ob- quoted, from the statement of the American L'lenipoten jects. It partook in some of its stipulations of the na- tiary : ture of a commercial convention ;in other respects, it " The title of the United States to the valley of the might be considered as an acknowledgment of existing Columbia is older than the Florida treaty of February, rights—an admission of certain principles of interne- 1819, under which the United States acquired all the tional law, not to be revoked at the pleasure of either rights of Spain to the north-west coast of America, and party, or to be set aside by a cessation of friendly rela- exists independently of its provisions." And again : Lions between them. " The title of the United States to the entire region Viewed in the former light. its stipulations might have drained by the Columbia river and its branches, was been considered as cancelled in consequence of the war perfect and complete before the date of the treaties of joint which subsequently took place between the contracting occupancy of October, 1818, and August, 1827." parties, were it not that by the treaty concluded at The title thus referred to must be that resting on dis- Madrid on the 28th August, 1814, it was declared that covery, exploration, and settlement. all the treaties of commerce which subsisted between the If this title, then, is good, or rather was good, as two nations (Great Britain and Spain) in 1790 were against the exclusive pretensions of Spain, previously to thereby ratified and confirmed. the conclusion of the Florida treaty, so must the claims In the latter point of view, the restoration of a state of of Great Britain, resting on the same grounds, be good peace was of itself sufficient to restore the admissions also. contained in the convention of 1798 to their full original Thus, then, it seems manifest that, with or without the force and vigour. aid of the Nootka Sound convention, the claims of Great There are, besides, very positive reasons for concluding Britain, resting on discovery, exploration, and settle that Spain did not consider the stipulations of the Nootka ment, are, in point of principle, equally valid with those convention to have been revoked by the war of 1796, so as of the United States. to require, in order to be binding on her, that they should Let us now see how the comparison will stand when have been expressly revived or renewed on the restoration tried by the relative value, importance, and authenticity of peace between the two countries. Had Spain considered of each. that convention totave been annulled by the war; in other Rejecting previous dicoveries north of the 42d parallel words, had she considered herself restored to her former of latitude as not sufficiently authenticated, it will be position and pretensions with respect to the exclusive seen on the side of Great Britain that, in 1778, Captain dominion over the unoccupied parts of the North Ame- Cook discovered Cape Flattery, the southern entry of rican continent, it is not to be imagined that she would the Straits of Fuca. Cook must also be considered the have passively submitted to see the contending claims of discoverer of Nootka Sound, in consequence of the want Great Britain and the United States to a p or tion of that of authenticity in the alleged previous discovery of that territory the subject of negotiation and formal diplomatic port by Perez. transactions between the two countries. In 1787, Capt. Berkeley, a British subject, in a vessel It is, on the contrary, from her silence w ith respect to under Austrian colours, discovered the Straits of Fuca. the continued occupation, by the British, of their settle- In the same year, Captain Duncan, in the ship Princess tents in the Columbia territory subsequently to the con- Royal, entered the straits, and traded at the village of vention of 1814, and when as yet there had been no Classet. transfer of her rights, claims, or pretensions to the In 1788, Meares, a British subject, formed the este- United States ; and from her silence also while im- blishment at Nootka, which gave rise to the memorable portant negotiations respecting the Columbia territory, discussion with the Spanish Government, ending in the incompatible altogether with her ancient claim to exclu- recognition, by that power, of the rght of Great Britain sive dominion, were in progress between Great Britain to form settlements in the unoccupied parts of the north and the United States, fairly to be inferred that Spain west portion of the American continent, and in an en considered the stipulations of the Nootka convention, and gagement, on the part of Spain, to reinstate Meares in the principles therein laid down, to be still in force. the possession from which he had been ejected by the But the American Plenipotentiary goes so far as to Spanish commanders. say that the British Government itself had no idea, in In 1792, Vancouver, who had been sent from England 1818, that the Nootka Sound convention was then in to witness the fulfilment of the above-mentioned engage force, because no reference was made to it on the part of meat, and to effect a survey of the north-west coast de- England during the negotiation of that year on the parting from Nootka Sound, entered the Straits of Fuca ; Oregon question. and, after an accurate survey of the coasts and inlets on In reply to this argument, it will be sufficient for the both sides, discovered a passage northwards into the undersigned to remind the American Plenipotentiary Pacific by which he returned to Nootka—having thus that in the year 1818 no claim, as derived from Spain, circumnavigated the island which now bears his name. was or could be put forth by the United States, seeing And here we have, as)far as relates to Vancouver's Island, that it was not until the following year (the year 1819) as complete a case of discovery, exploration, and settle that the treaty was concluded by which Spain trans • ment as can well be presented, giving to Great Britain, f h e a r d r e arisend t o or th f eUnited States her rights , claims, and pre - in any arrangement that may be made with regard to tensions to any terr itories west of the Rocky Mountains, the territory in dispute, the strongest possible claim to and north o f the 42d parallel of latitude. the exclusive possession of that island. Hence, it is obvious that in t he y ear 1818 no occasion While Vancouver was prosecuti n g discover y and ex appealing to the qualified nature of the ploration by sea, Sir Alexander Mackenzie, a partner rights, claims, and pretensions so transferred—a qualifi- in the North-West Company, crossed the Rocky Moun cation imposed, or at least recognised, by the convention tains, discovered the head waters of the river since of Nootka. called Frazer's River, and following for some time the The title of the United States to the valley of the course of that river, effected a passage to the sea— Columbia, the American Plenipotentiary observes is being the first civilised man who traversed the continent older tha n the Florida treaty of February, 1819, and of America from sea to sea in those latitudes. Ott the exists independently of its provisions. Even sup- return of Mackenzie to Canada, the North-West Com posing, then, that the British construction of the Nootka pang established trading posts to the country to the Sound convention was correct, it could not apply to this westward of the Rocky Mountains. portion of the territory in dispute. In 1806 and 1811, respectively, the same company The undersigned must be permitted respectfully to in - established posts on the Tacoutche, Tease, and the Co quire, upon what principle, unless it be upon the prin- lumbia. el •ple which form s the foundation of the Nootka con- In t he yea r 1811, Thom p son, the astronomer of the vention, co uld the United States have acquired a title to North - West Company , discovered t he northern bead any part of the Oregon terr ito r y p revi o usl y to the treat y waters o f the Columbia, and followin g its course till of 1819, and indepe ndentl y of its p rovisions? B y dis- j oined b y the rivers p reviousl y discovered b y Lewis and Clarke, he continued his journey to the Pacific. But, ' says explotrhaetioAn;nseertitclaenmerntle, n w ip il o l t b e e nt t i h:: y a , ns in we a r n . another From that time until the year 1811, when the ar part of his statement, the rights of Spain to the west rangement for the joint occupancy of the territory was coast o f America, as far north as the 61 st degree of concluded, the North - West Company continued to ex latitude, were so complete as never to have been seri- tend their operations throughout the Oregon territory, ously questioned by any European nation. and to " occupy," it may be said, as far as occupation They had been maintained by Spain with the most can be effected in regions so inaccessible and destitute vigilant jealousy , eve r sin ce the discovery of t he of resources. American continent, and had been acquiesced in by ell While all this was passing the following events occur- Europeanpowers. They had been admitted even by red, which constitute the American claim in their own that, too, under a so v e reign peculiarly p ro per right. tenaciouswhne Russia ; and ofthe territorial right s o f h er em pi re , who, I n 1792 Gr a y en t e r e d th e mou th o f th e C o l um bi a r i ve r. complaints had been made to the Court of Russia In 1805 Lewis and Clarke effected a passage across against Russian subjects for violating the Spanish tern- the Rocky Mountains, and discovering a branch of the tor y on the nort h-wes t coas t of America, did not hesi- Columbia river, followed it until they reached the ocean. tale to assure the King of Spain that she was extremel y In 1811 the trading post or; settlement of Astoria was sorr y that the repeated orders issued to prevent the es t a blished at the mouth of the Columbia, on the northern subjects of Russia from violating in the smallest degree side of that river. the territory belonging to an o th er power , s h ou ld h ave Th i s post or sett l ement passe d d ur i ng the last war into been disobeyed. British hands by the voluntary act of the persons in In what did this alleged violation of territory consist? charge of it—a fact most clearly established. It was Assuredly, in some attempted acts of discovery, explore- restored to the United States in 1818, with certain well tion, or settlement. authenticated reservations; but it was never actually At that time Russia stood in precisely the same posi- re-occupied by American citizens, having from the tion with reference to the exclusive risshts of Spain as moment of the original transfer or sale continued to be the United States, and any acts in contravention of those occupied by British subjects. rights, whether emanating from Russia or from the These are the acts of discovery ' exploration, and settle- U u ited States, would necessarily be judged by one and meat referred to by the United States as giving them a the same rule. claim to the valley of the Columbia, in their own How, then, can it be pretended that acts which, in the proper right. case of Russia, were considered as criminal violations of The British Government are disposed to view them in the Spanish territory, should, in the case of citizens of the most liberal sense, and to give to them the utmost the United States, b e appea l e d to as const it u ti ng a valid value to which they can in fairness be entitled; but there title to the territory affected by them ? and yet from are circumstances attending each and all of them which this inconsistency the American Plenipotentiary cannot must, in the opinion of any impartial investigator of escape, if he persists in considering the American title the subject, take from them a great deal of the effect to have been perfected by discovery, exploration, and which the American negotiators assign to them as settlement, when. as yet Spain had made no transfer of giving to this country a claim to the entire region her rights, if, to use his own words, " that title is drained by the Columbia and its branches. older than the Florida treaty, and exists independently In the first place, as relates to the discovery of Gray, of its provisions." it must be remarked that he was a private navigator, According to the doctrine of exclusive dominion, the sailing principally for the purposes of trade, which fact exploration of Lewis and Clarke, and the establishment establishes a wide difference, in a national point of view, founded at the mouth of the Columbia, must be cote between the discoveries accomplished by him and those detnned as encroachments on the territorial rights of effected by Cook and Vancouver, who sailed in ships of Spain. the royal navy of Great Britain, and who were sent to According to the opposite principle, by which disco- the north-west coast for the express purpose of explore very, exploration, and settlement are considered as giving tion and discovery. a valid claim to territory, those very acts are referred to In the next place, it is a circumstance not to be lost in the course of the same paper as constituting a cot- sight of, that it was not for several years followed up I plete title in favour of the United States. by any act which could give it value in a national point Besides, how shall we reconcile the high estimation of of view ; it was not, in truth, made known to the world the territorial rights of Spain, considered independently of either by the discoverer himself or by his Government. . i the Nootka Sound convention, with the course observed So recently' as the year 1826, the American Plenipoten- TUNT, 57, STRAND, LONDON.-WEL k-7 LINGTON BOOTS, made to Measure, ONE GUINEA. Su perior workmanship, the finest French leather, very durable, and pleasant for tender feet.—Cash on delivery. VEGETABLE APERIENT SUGAR PLUMS, avoiding all Nausea or Unpleasantness. Sold in London only by Mr. Hewett, Confectioner, 188, Regent street, and by the principal Confectioner in every town and village. Pike Is. per box ; if sent by post, a penny stamp must be for warded in addition. A liberal allowance to the trade. Apply to Mr. Hewett, as above. N.B. No licence to sell is required. tiaries in London, remarked with great correctness, in one of their reports, that "respecting the mouth of the Columbia river, we know nothing of Gray's discoveries but through British aceounts." In the next place, the connexion of Gray's discovery with that of Lewis and Clarke, is interrupted by the in tervening exploration of Lieutenant Broughton, of the British surveying ship Chatham. With respect to the expedition of Lewis and Clarke it must, on a close examination of the route pursued by them, be confessed that, neither on their outward journey to the Pacific, nor on their homeward journey to the United States, did they touch upon the head aters of the principal branch of the Columbia river, which lie far to the north of the parts of the country tra versed and explored by them. Thompson, of the British North-West Company, was the first civilised person who navigated the northern, in reality the main branch 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 200 miles from the point to which the river had already been 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 Fort Astoria has already been pointed out. It will thus be seen, the undersigned confidently be lieves, that on the grounds of discovery, 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 Vancouver's Island, taken by itself, the preferable claim of Great Britain in every point of view, seems to have been clearly demon strated. After this exposition of the ♦iews entertained by the British Government respecting the relative value and importance of the British and American claims, the American Plenipotentiary will not be surprised to hear that the undersigned does not feel at liberty to accep theproppsal offered by the American Plenipotentiary for the settlement of the question. This proposal, in fact, offers less than that tendered by the American Plenipotentiaries in the negotiation of 1826, and declined by the British Government. On that occasion it was proposed that the navigation of the Columbia should be made free to both parties. On this nothing is said in the proposal to which the undersigned has now the honour to reply ; while, with respect to the proposed freedom of the ports on Van eouver's Island south of let. 49 degs., the facts which have been appealed to in this paper, as giving to Great Britain the strongest claim to the possession of the whole island, would seem to deprive such a proposal of any value. The undersigned, therefore, trusts that the American Plenipotentiary with be prepared to offer some further proposal for the settlement of the Oregon question more consistent with fairness and equity, and with the reason able expectations of the British Government, as defined iu the statement (marked D) which the undersigned had the honour to present to the American Plenipotentiary at the early part of the present negotiation. The undersigned, British Plenipotentiary, has the honour to renew to the Hon. James Buchanan, Secretary of State and Plenipotentiary of the United States, the assurance of his high consideration. R. PAKENHAM. Hon. James Buchanan, &c. (J. B. 2.) Department of State, Washington, 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 R. P., and dated 29th July, 1845. Preliminary to the discussion, it is necessary to fix our attention upon the precise question under considera tion, i❑ 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 fur 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 thated States. The undersigned again remarks that it is not his pur pose to repeat the argument by which hie predecessor, Mr. Calhoun, has demonstrated the American title " to the entire region drained by the Columbia river an 1 its branches." He will not thus impair its force. It is contended, on the part of Great Britain, that the United States acquired and hold the Spanish 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 Spain 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 concluded with the United States the treaty of 1819, commonly called the Florida treaty, the convention concluded between the former power and Great Britain, in 1790, was considered by the parties to it to be still in force." And 2. " But that, even if no such treaty had ever ex isted, Great Britain would stand, with reference to a claim to the Oregon territory, in a position at least as favourable as the United States." The undersigned will follow, step by step, the argu ment of the British Plenipotentiary in 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 ' main reliance' in the present discussion ; but to show that, by the Florida treaty of 1819, the United States ac quired no right to exclusive dominion over any part of that Oregon territory." The undersigned had believed that ever since 1826 the Nootka 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 accord with this construction could have caused Messrs. Huskisson and Addington, the British Commissioners, in specifying their title, on the 16th of December, 1826, to declare " that Great Britain claims no exclusive sovereignty over any porton of that territory. Her present claim, not in respect to any part, but to the whole, is limited to a right of joint occupancy in common with other states, leaving the right of exclusive dominion in abeyance." And again: " By that convention (of Nootka) it was agreed that all parts of the north-western coast of America, not al ready occupied at the time by either of the contracting parties, should thenceforward be equally open to the subjects of both for all purposes of commerce andsettle ment—the sovereignty remaining in abeyance." But on this subject, we are not left to mere inferences, how ever clear. The British Commissioners, in their state ment from 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 " that whatever that title may have been, however, either on the part of Great Britain or on that of Spain, prior to the convention of 1790, it was thenceforward no longer to be traced in vague nar ratives of discoveries, several of them admitted to be apocryphal, but in the text and stipulations of that con vention itself." And again, in summing up their whole case, they say: —" Admitting that the United States have acquired all the rights which Spain possessed up to the treaty of Florida, either in virtue of discovery, or, as it is pre. tended, in right of Louisiana, Great Britain maintains that the nature and extent of these rights, as well as the rights of Great Britain, are fixed and defined by the con vention of Nootka, &c. The undersigned, after a careful examination, can dis cover nothing in the note of the present British Plenipol' s tentiary to Mr. Calhoun, of the 12th of September last, to impair the force of these declarations and admissions of his predecessors. On the contrary, its general tone is in perfect accordance with them. Whatever may be the consequences, theta, whether for good or evil—whether to strengthen or to destroy the British claim—it is now too late for the British Govern ment to vary their position. If the Nootka convention confers upon them no such rights as they claim, they cannot at this late hour go behind its provisions, and set up claims which, in 1826, they admitted had been merged t "in the text and stipulations of that convention itself." The undersigned regrets that the Brit ish Plenipoten tiary has not noticed his exposition of the true construc tion of the Nootka convention. He had endeavoured, and he believes successfully, to prove that this treaty was transient in its very nature; that it conferred upon Great Britain no right but that of merely trad ing 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 ov er th e ter ritory. The British Plenipotentiary has not attempted to resist these conclusions. If they be fair and legitimate, then it would not avail Great Britain, even if she should prove the Nootka convention to be still in force. On the contrary, this convention, if th e cons t ruc ti on placed upon it by the undersigned be correct, contains a clear virtual admission on the part of Great Britain that Spain held the eventual right of sovereignty over the whole disputed territory, and consequently that it now belongs to the United States. The value of this admission, made in 1799, is the . same whether or not th e conve ntion has continued to exist until the present d a y. But he is willing to leave this point on the uncontroverted argument contained in his former statement. But is the Nootka Sound convention still in force ? The British Plenipotentiary does not contest the clear general principle of public law," that war terminates all THE ART UNION. PIANOFORTEM GIVEN AWAY, VALUE FIFTY GUINEAS EACH. The PROPRIETORS of the " RAILWAY TELEGRAPH AND MERCHANT'S ADVOCATE," in order to testify their gratitude for the extensive patronage which the public have bestowed upon them, intend presenting to every Three Hundredth Subscriber a splendid PIANOFORTE of the VALUE of FIFTY GUINEAg. The Prizes are to be regulated in the following manner:— Every Annual Subscriber to the " Railway Telegraph and Mer chant's Advocate, on paying his Subscription, will have a receipt bearing a certain number. To the Subscriber to our Newspaper who shall hold the number corresponding with that which will entitle the Subscriber to the ART UNION, on the drawing in April, 1846, to the FIRST DRAWN LARGEST PRIZE, we will present, on producing his receipt at the Maker's Establishment. a SPLENDI I) PIANOFORTE, value FIFTY GUINEAS, manufactured by one of the First Makers of the Day ; and we will also make an equal present to every one of our Sub scribers who shall hold the same number, with 300, 600, &c. added to or taken from it. For instance, suppose the highest prize of the ART UNION should be drawn at 900, the Subscriber to our Paper holding the ticket numbered 900 will be entitled to a prize ; and every person holding tickets numbered 300, 600, SOO 1,200, 1,500, (and so on for every 309 subscribers), will be presented with this splendid prize. Or, supposing the highest prize in the Art Union should be drawn at 25, our Subscriber holding ticket No. 25, will have the prize ; as s ill also those bolding Nos. 325, 625, 925, &c. &c. The prizes at the Art Union are publicly drawn, and the success ful numbers publicly advertised in the newspapers. THE RAILWAY TELEGRAPH AND MERCHANT'S AD VOCATE is published in London every Saturday, and forwarded by the Early Morning Mails to all parts of the Kingdom ; it is a First rate Railway, Commercial, and General Newspaper. The Annual Subscription is 1/. 65., but persons not wishing to pay the subscription for the whole year may pay One Half down, and the Other Half within seven days of the drawing for the prizes in the Art Union. Upon the receipt of a Post-office Order for 1/. Gs. or 135., the person so subscribing will receive a ticket, together with the maker's name and a printed list of prices, from which the subscribers can choose an Instrument to the Value of Fifty Guineas. The Maker will hold himself responsible for the delivery of the Instrument to the person who shall hold one of the numbers entitling him to the same, upon application being made at the manufactory. The maker, who has bgen established many years, will give a Written Warranty with each instrument, and Exchange it, Free of Expense, if in any way found defective. The maker's name may be had on application. Subscriptions can be paid through any Bookseller or News Agent in England, Scotland, or Ireland, who will obtain the numbered receipt for the same ; or at the Office, 2, Catharine-street, Strand, London ; or on transmitting a Post-office order for 1/. 65., with the address, to which the newspaper is to be sent, a numbered receipt will be re turned by post. Elegant Pocket Edition, price Is. , by p ost Is. 6d. D R. CU LVERWELL ON MARRIAGE, its HINDRANCES and OBLIGATIONS. To be or not to be, that is the question."—Shakspeare. Contents :—On Matrimonial Eligibility and Unfitness—Laws of Paternity—Phenomena of Gestation—On Maternal Influence—On infelicitous and unproductive Unions—Curiosities of Medical Experi ence, Cases, See. ece. Also Companion to the same, priee ls., by lost Is. 6d. CHASTITY ; its ABUSES and DISEASES (72 Engravings). These two interesting little volumes are not intended for idle or In discriminate perusal, but they aro earnestly offered to the attentive consideration of those who may be more legitimately and perhaps painfully interested. Sherwood, 23, Paternoster-row; Carvalhe, 147, Fleet-street Mann, 39, Cornhill, and all booksellers, or direct from the Author, 21, Arundel-street, Strand. At home daily till 2 ; Evenings, 7 till 9. FOURTEENTH EDITION of the SILENT FItIEND on Human Frailty, with Coloured Engravings. Jest published, price 2s. 6d., free by post ( in a sealed envelope) 3s. 6d. THE SILENT FRIEND ; a Medical W ork on the Infirmities of the System a both sexes ; and on the loss of the reproductive powers, with means of re.station. The baneful effects of indulge- ce, are fully pointed eat or . Illustrated by En gravings; followed by observations on Marriage. By it. and L. PERRY and Ce., Consulting Surgeons, London. Published by the Authors, and may be had at their residence 19, BERNERS-STREET, OXFORD-STREET. Sold by Strange, 21, Paternoster-row ; Hannay and Co., 63, Ox ford-street ; Gordon, 146, Leadenhall-street ; Purkiss, Compton street, Soho; and all Booksellers. "We regard the work before us, the Silent Friend,' as a work embracing most clear and practic al! views of a stiles of complaint, hitherto little understood, and passed over by a maJerity of the me dical profession, for what reason we are at a loss to know. We must however confess that a perusal of this work has left such a favourable impression on cur minds, that we net only recommend, but cordially wish every one who is the victim of past folly, or suffering ftom indis cretion, to profit by the advice contained is its pages."—Age and Argus. The CORDIAL BALM of SYRIACUM is exclusively directed to the cure of nervous debility, irregularity, weakness, loss of ap petite, indigestion, consumptive habits, and debilities arising from excess, &c. In bottles, price I ls., er the quantity of four in one bottle for 335., by which 112. are saved. The five-pound cases may be had as usual._ -.. The CONCENTRATED DETERSIVE ESSENCE, a remedy for searching oat and purifying the blood from scurvy, blotches en the head, face, and body, ulcerations, and those painful affections arising from improper treatment or the effects of mercury, removing secondary symptoms, and all eruptions of the skin. Prise lls. and 335. per bottle. FERRY'S i'IIRIFYING SPECIFIC PILLS, price 2s. 9d., 4.1. 6d., and 1 ls. per box, are the most effectual remedy for strictures, inflam mation, &c., without hiatrance to business. Consultation fee, if by letter, 11. .Minute detail of cas es necess ary. Messrs. It. and L. Perry and Co., surgeons, may Ds consulted, as usual, at 19, Eerners-street, Oxford-etreet, London, daily, asd at 106, Duke-s eet, Liver pool, every Thursday, Frids.y. and Saturdey ; and at 10, St. John-street, Deansgate, Manche der, on Mondays, Tuesdays, and Wednesdays. THE TWELFTH EDITION. L rolt- H ott:co a Order for 3 1 :. r 6d MANLY J u st Published, in a sealed envelope, price 2s. id:, and seat free, on Inquiry into the Concealed Cause of its Decline, with I nstruc ti ons reee H ipt E of A a for its Complete Restoration. Addressed to th )se suffering from the destructive consequences of excessive indulgence;, terminating in Mental and Nervous Debility, Local or Constitutional Weakness, In digestion, and Consumption. Including a comprehensive Dissertation on MARRIAGE. Illustrated with Cases, &c BY C. J LUCAS and Co., Consulting Surgeons, London. CAUTION. —Complaints having reached us that several person? wishing to purchase our work, entitled " Manly Health," have had placed in their hands a fraudulent infringement of our copyright, pro duced by illiterate and dishonourable men, and which, though bearing a close resemblance of title, is utterly valueless; ye deem it a duty, by way of protection, to caution the public against being duped Cy such base imitations. Persons desirous of obtaining the above work, owl riot wi s hing to apply to a bookseller for the same, may, to i nsure secrecy, have to direct front the Authors, by enclosing 3s. LI 1., or Postage Stamps to that amount. May be had of the Authors, No. 60, Newman-street, Oxford-street; and sold by Brittain, 11, Paternoster-row; Hanna— y and Co., 63, Oxford-street; Noble, 114, Chancery-lane; J. Gordon, 146, Leaden hall-street; (1. Mansell, 3, King-street, Southwark, London; T. Bowler, Courier-office, 4, St. Ann's-square, Manchester ;W. Howell, 75 Da i e _street, Liverpool; W. Wood, 78, Highstreet, Bi n/l i n e : am; Wpoi 11. Robinson, 11, Greenside-street, Edinhurgh ; T. Price, Dome-street, Dublin; and 01l Booksellers. The best of all friends is the professionfil friend, and in no 'Lope can he be consu lted with greater safety and seoresy than in Lucas on manly Health:—The New Bell's WeeklyMossenger, Messrs. Lucas and Co. are to be co nsulted from T en till Two, and Five till Eight in the evening, at their residence, NI. CO, New froanni-street, Oxford-street, London, and country patients may be New man-street, treated, on minutely describing their case, and enclosing the usu s i. fee of lg. for advice. _ • subsisting treaties between the belligerent powers." He contends, however, in the first place, that this convention is partly commercial ; and that, so far as it partakes of this character, it was revived by the treaty con cluded at Madrid on the 28th of August, 1814, which declares " that all the treaties of commerce which sub sisted between the two parties (Great Britain and Spain) in 1796, were thereby ratified and confirmed ;" and, se cond, " that in other respects it must be considered as an acknowledgment of subsisting rights, an admission of cer tain principles of international law" not to be revoked by war. In regard to the first proposition, the undersigned is satisfied to leave the question to rest upon his former argument, as the British Plenipotentiary has contented himself with merely asserting the fact that the commer cial portion of the Nootka Sound convention was revived by the treaty of 1814, without even specifying what he considers to be that portion of the convention. If the undersigned had desired to strengthen his former posi tion, he might have repeated with great effect the argu ment contained in the note of Lord Aberdeen to the Duke of Sotomayor, dated 30th June, 1845, in which his Lordship clearly established that all the treaties of commerce subsisting between Great Britain and Spain previous to 1796 were confined to the trade with Spain alone, and did not embrace her colonies and remote pos- The second proposition of the British Plenipoten tiary deserves greater attention. Does the Nootka Sound convention belong to that class of treaties con taining "an acknowledgment of subsisting rights—an admission of certain principles of international law" not to be abrogated by war? Had Spai❑ by this con vention acknowledged the rights of all nations to make discoveries, plant settlements, and establish colonies, on the north-west coast of America, bringing with them their sovereign jurisdiction, there would have been much force in the argument. But such an admission never was made, and never was intended to be made, by Spain. The Nootka convention is arbitrary and artificial in the highest degree, and is anything rather than the mere acknowledgment of simple and elementary principles consecrated by the law of nations. In all its provisions it is expressly confined to Great Britain and Spain, and acknowledges no right whatever in any third power to interfere with the not th-west coast of America. Neither in its terms, nor in its essence, does it contain any ac knowledgment of previously subsisting territorial rights in Great Britain, or any other nation. It is strictly con fined to future engagements, and these_ are of a most peculiar character. 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 is limited to a mere right of joint occupancy, not in respect to any part, but to the whole, the sovereignty remaining in abeyance. And to what kind of occupancy ? Not separate and distinct colonies, but scattered settlements, intermingled with each other, over the whole surface of the territory, for the single purpose of trading with the Indians, to all of which the subjects of each Power should have free access, the right of exclusive dominion remaining suspended. Surely, it cannot be successfully contended that such a treaty is "an admission of certain principles of international law," so sacred and so perpetual in their nature as not to be annulled by war. On the contrary, from the cha racter of its provisions, it cannot be supposed for a single moment that it was intended for any purpose but that of a mere temporary arrangement between Great Britain and Spain. The law of nations recognises no such prin ciples in regard to unappropriated territory as those em braced in this treaty ; and the British Plenipotentiary must fail in the attempt to prove that it contains " an admission of certain principles of international law " which will survive the shock of war. But the British Plenipotentiary contends that from the silence of Spain during the negotiations of 1818, between Great Britain and the United States, respecting the Oregon territory, as well as " from her silence with respect to the continued occupation by the British of their settlements in the Columbia territory, subsequently to the convention of 1814," it may fairly " be inferred that Spain considered the stipulations of the Nootka convention and the principles therein laid down to be 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 and unequi vocal acts in accordance with its provisions, these must be construed as merely voluntary, to be discontinued by either at pleasure. But in the present case it is not even pretended that Spain performed any act in accord • ante with the cc nvention of Nootka Sound, after her treaty with Great Britain of 1814. Her 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. If this principle be correct as ap plied to individuals, it holds with much greater force in regard to nations. The feeble may not be in a condition to complain against the powerful ; and thus the en croachment of the strong would convert itself into a perfect title against the weak. In the present case it was scarcely possible for Spain even to have learned the pendency of negotiations be tween the United States and Great Britain, in relation to the north-west coast of America, before she had ceded all her rights on that coast to the former by the Florida treaty of the 22d of February, 1819. The con vention of joint occupation between the United States and Great Britain was not signed at London until the 20th of October. 1818—but 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 bad 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 looked in silence on the continued occupation by the British of the settlements in the Columbia territory subsequently to the convention of 1814 ; and, therefore, she con sidered the Nootka Sound convention to be still in force. The period of this silence, so far as it could affect Spain, 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, 1819, the date of the Florida treaty. Is there the least reason from this silence to infer an admission of Spain of the continued existence of the Nootka Sound convention? In the first place, this convention was entirely confined to landing on the coasts of those seas, in places not already occupied, for the purpose of carrying on their commerce with the natives of the country, or of making settlements there. It did not extend to the interior. At the date of 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 that quarter. Great Britain had never made any settle ment on the north-western coast of America, from the date of the Nootka Sound convention until the 22d of February, 1819 ; nor, so far as the undersigned is in formed, has she done so down to the present moment. Spain could not, therefore, have complained of any such settlement. In regard to the encroachments which had been made from the interior by the North- West Com pany, neither Spain nor the restof the world had any spe cific knowledge of their existence. But even if the British Plenipotentiary had brought such knowledge hometoher, which he has not attempted, she had been exhausted by one long and bloody war, and was then engaged in another with her colonies ; and was, besides, negotiating for a transfer of all her rights on the north-western coast of America to the United States. Surely these were suffi cient reasons for her silence, without inferring that she acquiesced in the continued existence of the Nootko con vention. If Spain had entertained the least idea that the Nootka convention was still in force, her good faith and her national honour would have caused her to com municate this fact to the United States before she had ceded this territory to them for an ample consideration. Not the least intimation of this kind was ever communi cated. _ _ _ _ _ _ Like Great Britain in 1818, Spain in 1819 had no idea that the Nootka Sound convention was in force. It had then passed away and was forgotten. The British Plenipotentiary alleges, that the reason why Great Britain did not assert the existence of the Nootka convention during the negotiations between the two Governments in 1818, was, that no occa sion had arisen for its interposition, the American Government not having then acquired the title of Spain. It is very true that the United S tates had not then acquired the Spanish title ; but i n it pos sible to imagine that throughout the whole negotiati on the British Commissioners, had they supposed this con vention to have been in existence, would have remained entirely silent in regard to a treaty which, as Great Britain now alleges, gave her equal and co ordinate rights with Spain to the whole n or th- wes t coas t o . America ? At that period Great B r i ta i n con fi ne d her claims to those arising from di scovery an d purchase from the Indians. How vastly she could have strength ened these claims, had she th en su pp ose d the Nootka convention to be in force, w ith h er p rese nt construction of its provisions. Even in 1824 it was first introduced into the negotiation, not by her C om missioners, but by Mr. Rush the American Plenipotentiary. But the British Plenipotentiary argues that " the United States can found no claim on discovery, explora tion, and settlement effected previously to the Florida treaty, without admitting the principles of the Nootka. convention ;" " nor can they appeal to any exclusive right as acquired by the Florida treaty, without upset ting all claims adduced in their own proper right, by reason of discovery, exploration, , and settlement antece dent to that arrangement." This is a most ingenious method of making two dis tinct and independent titles held by the same nation worse than one—of arraying them against each other, and thus destroying the validity of both. Does he forget the t the United States own both these titles. and can wield them e ith er se p ara t e ly or conjointly against the claim of Great Britain at their pleasure ? From the course of his remarks, it might be supposed that Great Britain, and not the United States, had ac quired the Spanish title under the Florida treaty. But Great Britain is a third party—au entire stranger to both those titles, and has no right whatever to marsnal the ono against the other. By what authority can Great Britain interpose in than manner ?—Was it ever imagined in any court of justice that the acquisition of a new title destroyed the old one ; and vice versa, that the purchase of the old title destroyed the new one ? In a question of mere private right, it would be considered absurd if a stranger to both titles should say to the party ~~-~ _ ~~ `~ sessions.