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

i . . . . . _ C„e•-•" ..7------'''' , : - - ‘_.-- -- A -- Z-- --- ~ . . •.., . ectite .k•-kt . .., , , - ' . • -,,, -,,..,*;•• , •;. A...t i i , k --,, -- __ ,-. -ivy • ,i 4 3 ) ,1i .,,L . ., .cm •,„ . .. . w..,,,,,,..... . r in in Y gi boat , t,i)t;CTIO.N . OF FARES. GRAVESEND for 6d. or Od., I (;:f i Igi .; --- • . . 44 ..., A .4 ,, ,, „ 4 . , • • and r ilway included. The STAR and BLACKWALL . '..`.' : --,.. ( ..,,.. ' -- ' , 4 1 '.. 'l. ' .N e .- - Tl :1 O ~ fik\e , " tir,4o o\ al c.. ~" -, . •,,,.. ifi • ' .., 21 * fr. , ...., _ roil —••••• -milk at the above reduced fares from the I 1;n, •'.7,. , 1-: I, =‘ lk* -., \ c' : - - \ - ..... -.A. \ '',,- , ' 1 , 14 • -.,.. : .., ,a r „P , P O kl P -- '.". ' ----- . 7 \'.:..,.,.Y. „ . t.t..7. , ,..:...! , ,, ."'',. I } . . 1 , t . T . "!.7'. 19 1 L',. 3 1 / 2 , and 5. I 4?'... \•N'' ' F , 1 . ,(-- - - , _, , .... ... 'Mc Ankilki? ~ • - .i '4\904 ,' '• ‘ . —...-.. , ~..":.I_74.p.___i p_ s 1,,,,„4,..,... ...,,: ~., ~,;.,,k' ~,^,let, ,/ - . 1 ' 0 .T• '' " -:- the I" b °l °berg' AY' OTICE.—ALTERATION OF TIME AND REDUCTION OF FARES. GRAVESEND for 6d... or 9d., boat p A ,, and railway included. The STAR and BLACKIVALL ..,",,RETS are now running at the above reduced fares from the zunswi c k is Blackwall, at 9!., 101. z,;, 12, 1 , / , 3 1 / 2 , and 5. "Vs, 12 and excepted. From the New Terrace Fier, Gravesend at 8 , /, 91.4, 11 1 A, 1, and 5. Sundays 9V, and 1 ex cepted. Fare : Fore 'Cabinand Second Class Railway, 6d.; Saloon 4 " First Class, 9d. • office, Gravesend, Oct. 11, 1845. -A. I 14 W A Y LITIGATION. At a meeting of persons, held the 17th day of December, 84'5 at No. 25, Throgmorton-street, London, to consider the objects a ted in an advertisement recently published, and which was read 41 ; follows : • " RAILWAY LITIGATION. ot * LAt a preliminary meeting of persons interested, held the 2 d day "ecember, ltls, " It was resolved,—That proceedings at law having been threatened Z v arions railwv,y matters, it is very desirable that , with a view t o e claims arrangement of just demands, and the resis t a nce of t ri n ''" s obvio - dsly made under the impression that the dread of Iftw charges will induce compliance, as also to ascertain the sharesiatalities of committee-men, sharehdlders, and applicants for 4 ,, ; and further to elicit •the actual circumstances of various e i ti ",ray projects (matters far too weighty and important for indiyi• p„`", reJsponsihillty), a confidential meeting be speedily convened of "`"e-P• who are interested in these objects." "„,_ WILLIAM COLLINS, Esq., MY., in the Chair. names of numerous persons desirous of co-operating having 7.1 given in— 'tt Was unhnously resolved,—That with a view to the accomplish . 4 - tilt of the fore7oMg, purposes, a Society be now formed, to be called The Railway Mutual Protection Society." That the rules and regulations for the support and government of the Society now, read, he approved and adopted. -And it was ordered that the same he printed for distribution, and th at Messrs. Amery, Sewell, and Moores, of Thregmorton-street, the uolieitors of the Society, be authorised to furnish copies thereof to a PPlicants ; and That persons proposing to become members of the Society, are re-• %tested to send their names and addresses to the solicitors. II Pon the motion of Sir WlLLissi Lownionr, it was unanimously resolved — 'hat Daniel Whittle Harvey, Esq., be appointe d President of the Society, and that the thanks; of the country are due to him for hat lk,°riginated this important undertaking. k. hat the thanks of this meeting be given to W illiam Collins, Esq., P., for his attendance, and for the able manner in which he has Presided. MARCUS TRAVERS, Secretary pro tem.. RAILWAY MUTUAL PROTECTION This. Society is a voluntary association of p ersons interested in the : access_ and judicious administration of rail wa y s ; and especially for Zeeertaining the present state of the law as affecting the rights and li abilities of those connected with railways and railway projects. Thri in the undefined state of th e law touching the various rela tions in which persons connected with railways find themselves p l aced, great inducements are offered to the resistance of just de- Onds, and to the enforcement o f g roundless claims; in either case Posing very serious expenses , a mountin g in the one to the denial "tittstice, and in the other to the infliction of positive wrong. It is obvious that individuals having to enforce their rights against, • resist unwarrantable claims by bodies corporate in their cha ''4 ter, and having in their hands large funds, will do so at a serious med vantage, without an „ arrangement for co-operation and mutual tee, and the aid et a subscribed fund. It is therefore agreed tibSt a fund shall be provided by subscription, and that the following and regulations shall be binding upon the members of the BOciety. ...That a Committee of seven persons, including the President, to be the Council, shall be appointed to conduct the business of the ms What a president shall be appointed , wh ose sanction, with two of the Council, shall be necessary to all decisions touching the institution er defence of proceedings at law or in equity. sh That the Council shall consider the case of any member of the any which may be brought be fore them, and shall advise whether -"",!. and what proceedings shall be taken, either at law, in equity , or Otherwise, for the protection or a s s ertion of the rights of such ment s' ▪ and that all such proceedings as may be suggested by the Council ..'lll be submitted to the solicitors of the Society. t „what, for the guidance of the Council , and for the satisfaction of 45 Members of the Society, the opinions of several counsel at the tl'Aity and common law bars shall be taken up on the various and most prominent questions which may affect the rights and liabilities ; the subscribers and allottees of shares, as well as the Directors, p r ojects. and Provisional Committeemen, of railways and railway proj ects. That the names of persons seeking to become members of the So ;:tY shall be submitted to the Council, who sh all have the absolute leer of admission. T- hat an annual subscription of Two Guineas shall he p aid by each 'Wilber of the Society, on or before the Ist of January in each year, and no person shall be deemed a member until such subscription b e Paid, t he members who shall not renew the ir subscriptions on or before 'e Ist day of January, 1847, and so en from time to time, on or be fore any succeeding Ist of January , shall cease to be members of t he Society. r , That any subscriber who may desire to confide his owls case to the of the Society, may do so in strict confidence, and if his case :One which the Council deem to be within the scope of the Society, 'ay then have the option of requiring his intere sts to be considered Z .the solicitors of the Company upon the payment to the funds of t he Society of such further sum of money as may appear to the Conn ed and reasonable, or of placing the business in other 'ends upon his own responsibility. That all subscribers shall be entitled to the benefit of the opinions °{ eonnael propo'ed to he taken for the guidance of the Council, and k ee of the advice of the counsel and of the solicitors. ~.That Daniel Whittle llarvey, Esq , b e a ppointed the President of *e . e Council. dory, R. P. Davis, Esq., be appointed the Treasu rer, and Messrs. — "?... °1 7, Sewell, and Moores, the solicitors o f the Society. That the Council shall have power to make rules for the manage :gent of the business of the Society, provide I they are not repugnant ' 0 the above rules. And that no subscriber shall be liable for any iy ,'?!te, charges, and expenses whatever beyond his s ubscription, and Zell other expenses as shall have been provided for by his engage "'elite with the Council. UNIVERSAL GAS-LIGHT COMPANY. PRELIM INAILY ANNOUNCEMENT. Capital 100,0001., in 5,000 Shares of 201. per Share. Deposit 10s. per 1001. Shares, in accordance with the Act. (Provisio!ially Registered.) Under the Management of a Provisional Committee. ' I NSULTING CHEMlST —Professor Ryan, M.D., LL.D., Royal Col lege, Portsmouth, and Royal Polytechnic Institution. t44 lseea—llettry Francis, Esq., Patentee, 40, Elizabeth-street, Eaton-square. BANNERS—Sir Claude Scott, Bart., and Co. SOLICITOR—J. F. W. Fennineyer, Esq., 23, Bedford-row. SECRETARY —Mr. William Nicholson. tlices of the Company and Working Factories, 159, Drury-lane. t The Company is formed for the purpose of carrying out, more ef- Zittally working, and bringing leo general use, an invention se '"red by letters patent for an improved manufacture of gas. jhe apparatus is so portable it can be fitted up on any descrip- Zn of building, even at a kitchen range, without affecting the do i;!tie arrangements, and the fire used in ordinary In generating the h:f Will be ample to produce steam for warming the most extensive '"ejnises. t jhe most eminent engineers and chemists unite in opinion that he invention is not only practicable and free from smell or annoy mee, but by this valuable patent is secured the manufacture of a Pere and /superior gas, not only on new, but sound, scientific, chemical , and mechanical principles, which have been hitherto overlooked in the common modes of manufacture ; besides, this gas possesses more of the illuminating power, and will burn longer, than that now in use, I n the proportion of 40 per cent. in favour of the invention. The patent method is applicable to lighting generally, but more epecially small towns, villages, lighthouses, colleges, churches, dock 8, theatres, public offices, prison s, barracks, railway stations, "ma nufactories,; printing-effices, madhouses , h os p itals, and schools, ""ce and warming the buildings, without extra expense. The benefits which would accrue to lighthouses, dockyards, and _ w ithout localities, 'where the ordinary gas cannot be co nve y ed _ w ithout the formation of many new Acts and Companies, or at im - Tense expense, would bo sufficient to obtain for this Company the most prominent and prosperous position. The great saving to the consumer, the small portion of room requi site for the erection of the apparatus, the simplicity of its working, and the brilliancy of the gas, will insure the adoption of the invention throughout the kingdom ; and although the public can be supplied at 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 registered, to take contracts immediately. Applications for shares, in the usual form, to be made to, and further particulars obtained of, the Solicitor, and also the Secretary, at the Company's offices, where may be seen the apparatus at work, And the brilliancy of the gas exemplified. • 1. 6 4 16 (CANDLES at CLARK'S REDUCED PRICES. Palace Wax Candles (finest wax made), Is. Ild. per lb. ; Orient Wax, Is. 9d. ; Tramparent Wax, Is. Gd. ; Queen's Sperma ceti, Is. Bd. ; Sperm, Is. Gd. and Is. 2d. ; Clark's Royal Wax, Is.; Patent Sperm, 15.,; Clark's Solar, superior to all composite , 10d. ; Xitchen Candles (six months old), 5 1 ,4 d. Yellow Soap, 395. 485., and Clark's Superb Soap, 58s. per 1121bs. ; Mottled, 565. per 1121bs. ; Sweet Almond, Is. 9d. per lb. ; Orient Rose, Is. 9d. ; Old Brown Windsor, Is., the finest, Is. Bd. ; Royal Musk Windsor, 2s. ; Scented Curd, Sd. Sperm Oil, Gs. 3d. and Gs. 9d. per gal'on ; Clavk's Patent SPerm only ss. ; Solar, 3s. 4d. At CLARK'S Old-established Candle and Immense Lamp Depot, 447, WEST STRAND. Please write down address. C H RST I M AS!!! Awake my lyre with tuneful lay, And " welcome" give to " Christmas Day !" It is a joyous, happy time, When music, mirth, and love combine, To strew our path with roses bright, And mingle friendship with delight ! And what is most essential—say, To give eclat to " Christmas Day ?" Why " Clothing !" that we own's a fiTt ; We therefore tell you how to act ! Away to " Hyam's "—order there Habiliments of beauty rare ! And then with confidence and joy Most charmingly your time employ ; In scenes of pleasure bright and gay, You'll pass a happy " Christmas Day I !" List of Prices for Winter Garments ready-made : No. 16,653. X s. d. Gentlemen's Oyer-coats from Gentlemen's Chesterfield and Taglionis, from • • •.•• . •• • 0 15 0 Gentlemen's D'Orsays and Glanlyons ••••• • • • • ......... 1 1 0 Moys' Over-coats • • .• . . .... 0 8 0 'Youths' Chesterfields and Taglionis • • .. . . Dress Coats, in all colours, braided edges, from ....... . Surteuts, ditto ditto ••••••••• • • • • • • • • • ••• • ••••• • • • • 1 4 0 Trousers, in Cloth and Doeskin , fr om ••••••••• • • • • • •• • • 0 8 6 Vests, splendid patterns, in every ma terial, from •••• • • • • 0 4 6 List of Prices for Winter Garments to order, in first-rate style and fashion : £ s. d. Chesterfield and Taglioni Over-coats, from ••••••• • • • • • • • 0 18 0 D'Orsay and Glenlyon ditto, from Albert and Codrington walking ditto .. •••• • • • • ...... 'Youths' Taglionis and Chesterfields ............. ..... .• 0 14 0 Dress Coots, made in superior style, from . • ...... 110 0 Surtouts, from • . .• Trousers, in Black and Fancy Doeskin, from ••• • • • ...... 0 15 0 Vests, of the newest 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 band, of warranted durability, at very reduced prices. Mourning of every 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. llyara, Pantechnetheca, 36, Graceehurch-stroet, London. No business transacted on Sittgrdays until the evening. RHEUMATISM. All those suffering from Rheumatism, Chilblains, Lumbago, Tic-Doloreux, Cramp, sprains, Rae., will find immediate relief and a speedy core by using CORRALL'S EMBROGATION. The great and increasing demand for this novel Embrocation induces the proprietor to introduce it snore 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 1 ,0., 25., and 2s. 9d. each, by the Sole Pro prietor, George Rickardson, 12, Noriand-place, Notting-hill, and 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. - - - • . _ ACROS TIC 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 whcre the mighty Niagara roars : 0 h I here accept this tributary lay, N or deem that I can ever well repay, E xcept in gratitude sincere, profound, 'S uch wondrous benefits I so long have found. E 'en from the moment I was led to try Y our marv'llous SNUFF, the SAVIOUR OF THE EVE! E ase, health, and comfort, now attend my day. S afe from the lamp's bewild'ring dazzling blaze, N or dreading e'en the Sun's TOO burning rays. U Mit, in former days, for much employ, F eeling, not seeing : now, indeed, my joy, F ree and unbounded, thrives without alloy J. M. S. Sept., 1845. 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 ounce, or in canis ters bearing the above Royal Authority, and the sanction of her Majesty's Lords of the Treasury on each canister, at Bd., ls. 3d., 2s. 4d„ 4s. 4d., Bs., and 155. 6d. each, by all Tobacconists, Merchants, and others. This Eye Snuff is exported in white stone canisters to all quarters of the globe. A liberal discount allowed to Merchants, Shippers, A gen u, ;J ul ,therc. en taking large quantities. Lt;, - .,!:: well to the Signature ot' the Inventor. W. C-RIMSTONE, 414 , OXFORD STREET, eild .24, KING STREET, LONG ACRE, LONDON. For the eonveviance of Tobacconists, G - iocers, and others who sell this Merbaceous Eye Snuff loose, and wish to have it in large quantities, they can be now supplied with canisters containing ten pounds, or tipwards, if required. lk sending a Post Mee Order for , a 2s. 4d. canister will be ret .•• 11 . with full particulars, postage Winded, and 6o on in li ke POO LONDON, TUESDAY E E G S N 7 DECEMBER 30, 1845. CHRISTMAS HOLIDAYS. R ThUfINIC INSTITUTION, OYAL POLY Lectures for this period of the year, by Dr. Ryan and Protecsor Bachoffner in CHEMISTRY and NATURAL PHILO SOPHY will be illustrated by interesting and brilliant experiments. A Lecture en the PREVALENT DISEASE in POTATOES will Sc delivered by Dr.. Ryan, and also on the ATMOSPHERIC RAIL WAY, by rrofessor BaeholTher, a Working Model of which, car rying several persons, is exhibited daily. The additions to the OPAQUE MICROSCOPE, DISSOLVING VIEWS, and CHROMA TROPE are very effective. The ruYSIOSCOPE. Submarine Ex periments by means of the DIVER and DIVING BELL. Among the various additions to the Working Models is i2ohnnan's NEW AMERICAN LOCOMOTIVE ENGINE, for ascending and do seending inclined Planes. A magnificent Collection of TROPICAL _FRUITS. my. Downe, the celebrated Flute Player, will take part in tho Music, conducted by Dr. Wallis. Open from Eleven to Ralf past Five, an 1 from Seveu to Half-past Ten in the Evening. Admission, One Shilling. Sclmols, rlalf-price. PUBLICATIONS. IiNLARGENIENT OF THE ATHENEUM.O 3i ENT r E N LARGED 1 iti d frkm January 3, THE ATHENJEUM will be PER to Twenty-Four Large Quarto Pages. Price Fourpenee. Pice 3s. No. XL., New Series of II HE JOURNAL of AGRICULTURE and the Je. TRANSACTIONS of the HIGHLAND and AGRICULTURAL SOCIETY of SCOTLAND. Publlshed Quarterly. IN'illiam Blackwood and Sons, 45, George-street, Eilinburgh; and 37, Paternoster-row, London. Sold by all booksellers. LrHE DUBLIN UNIVERSITY MAGAZINE for JANUARY, price 2s. 6d., contains :—Prizes in the Lottery of Repeal. The Prodigy of Salzburg, Old Letters—by Elizabeth Youatt. Irish Myers—No. 11. —The Bride. ',item Orientates — 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 Poets—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., MIDLAND RAILWAY. THE MIDLAND RAILWAY COMPANY Is prepared to receive LOANS on SECURITY of their Deben three for periods of Three, Fire, or Seven Years, in sums of not less than 1,0001. each, at Interest after the rate of 41. per cast. per annum. Application: to be made to the Secretary, at the Company's Office, Derl Ey order, • Dec. IG, 1845. J. F. BELL, Secretary. and 111 Booksellers, EASTERN COUNTIES RAILWAY. EXTENSION STOCK, No. 2, The Directors of the Eastern Cotinties Railway Company do, in pursuance of the power vested in them by the General Meeting of the Proprietors held on the 28th August last, and for the purposes mentioned in the report of the Directors to the Proprietors, call the farther 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 charg e d upon the instalmen , s at the rate of 5 /. per cent . p er annum, duly paid at the above-mentioned date. By order of the Board, GEORGE IIUDgON, 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 atsd Co.—Chelmsford. National Provincial Bank —Bath. 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.l_ lpswich. Messrs. Alexanders and Co. • • • • Cheltenham and Gloucestershire Bank—Chelteham. Union Bank—York. Offices, Shoreditch Station, Dec. 27, 1845. TAITS EDINBURGH MAGAZINE, for JANUARY (the Commencement of a Volume), Price One Shilling, contains — Visit to Mr. O'Connell at Derrynane ; by William Howitt.— Children.—Fairies and Railroads.—Naples in ; by Madame Wolfensberger.—Notes on 0 ilifilan's " Gallery of Literary Portraits ;" by Thomas De Qulncey; 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.—Polities of the Month. W. Tait, Edinburgh ; Marshall, and Co., London. COLBUTIN'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 Hooton. V. New Year's Day. By Dudley Costello. VI. The Privateersinan. By Captain Marryat, VII. The Robertses on their Travels. By Mrs. Trollops. (Concluded.) VIII. Beauchamp. By G. P. R. James, Esq. IX. Sonnet to Sergeant Talfourd. By E. Kenealy. X. Old Romaaces concerning Bernardo del Carpi°. By John Oxenford. XI. Sketches of the Lives of Lords Stowell and Eldon. XII. Lights and Shades. By W. 11. Maxwell, Esq. The Old Pilgrim Ferry. By Andrew Winter. XI V. 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. HARIUSON AINSWORTH, Esq., by DANIEL MACLISE, R.A. Chapman and Hall, 186, Strand. 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 tine 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 e.m. from Bristol) Up Goods Train. Third Class Passengers between Exeter and Swindon will be con veyed by the 5.15 r.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 A.m., will NOT be discontinued. WITH AN ILLUSTRATION BY GEORGE CRUIRSHANK. AINSWORTH'S MAGAZINE. 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. Sail) 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. By order of the Directors, CIIAS. A. SAUNDERS, Secretary. Paddington, Dec. 29. 1845. E AST DEREHAM AND NORWICH RAILWAY. The Committee of Management 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 remaining por tion will send it forthwith to the Secretary in Norwich, in order that their arrangements may be completed in ample time tor the require ments of Parliament WITH AN ILLUSTRATION BY GEORGE eRHIKSHANK. chapman and Hall, 156, Strand. UL LIEN'S MUSICAL ETRENNES for 1846 ; or, ALBUM DES BALS DE LA COUR. This Album containsJULLlEVSVe;est and most fashionable QUADRILLES, VALSES, and POLKAS, as performed at the Court Balls, and at the Grand Bal Masqu6 on Monday last. It forms an el.callent selection for the balls and parties of the present gay season, and, at the same time, a most rechervhe cadeau for the New Year. M. Jullien has also published L'ALBUM VOCAL, L'ALEUM DE L'OPERA, and several other beatilully illustrated volumes, which are now being exhibited at his Depot Musical, 214, Regent-street, in the style of " Expositions du Jours de l'An," at Paris. By order of the Committee, EDWARD WILLETT, Chairman. Norwich, Dec. 27, 1845 --- L EEDS AND CARLISLE RAILWAY COMPANY. Notioe 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, Baeingha4l-street. - - DEDICATED BY PERMISSION TO DR. ABERCROMBIE. In One Thick Volume Octavo, double columns, price 145., THE SEVENTH EDITION, ENLARGED, CORRECTED, AND IMPROVED, OF 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 Medicines ; the Regulation of Diet and Regimen ; and the management el the Diseases of Women and Children. By ALEXARDER MACAULAY, 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. 11ARIVICH RAILWAY and PIER COM PANY (with Branches to Thorpe le Soken and Alresford). MANAGING COMMITEEE. sir ROBERT PRICE, Bart., M.P., Chairman. Martin Stutely, Esq. Charles Sturgeon, Esq. R. Dorman 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 thift the stainling 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 THE ART - UNION. PIANOFORTES 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 GUINEAS. By order, 4, Ncw Bridge. street, Dec. 23, 1845 T. PRICE, Secretary. 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 SPLENDID 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 GRAND UNION RAILWAY. ISSUE OF SPALDING AND BRANDON JUNCTION RAILWAY SHARES. Notice is I•ereby 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 or before the 6th of January, 1846. The scrip must be accompanied by a letter, signed by the owner with his name in full, his occupation, and residsnce,stating the quan tity of scrip, and the respective numbers sent in for registry, together wills 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 or 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 the 15th of January, and the Deeds will lie for signature as under, when the Bankers' 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. Paper holding the ticket numbered 900 will be entitled to a prize ; and every person holding tickets numbered 300, 600, 900 1,200, 1,500, (and so on for every 300 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 w ill also those holding Nos. 325, 625, 925, &c. &c. The prizes at the Art Union are publicly drawn, arid 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/. Gs., 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•ofce Order for 11. 6s. 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 been 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-ofllocc order for 1/. 65., with the address, to which the newspaper is to be sent, a numbered receipt will be re turned by post. Liverpool—At the Angel Hotel, Tuesday, 20th January, 1546. 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, Cornloll, Dec. 24, 1845. ALFRED BEESTON, Secretary, NATIONAL LOAN FUND LIFE ASSUIt• ANTE SOCIETY, 26, CORNHILL, LONDON. Capital ic,500,000. Empowered by Act of Parliament. This instnition offers important and substantial advan tages with respect both to Life Assurances and Deferred Annuities. The easared O n es, on all occasions, the power to borr)w, without ex pense or forfeiture of the Policy, two-thirds of the premium paid, (see tah'e); also the option of selecting benefits, and the conversion of ki interests to meet other conveniences or necessity. Assurances for terms of years are granted on the lowest possible rates. DIVISION OF PROFITV. The saccess and increasing prosperity of the Society has enabled tr Directors, at the last annual investigation, to declaro a third Bonus, vetryinr , item Sc to 75 per cent. on the premiums paid on each Policy erected on the Profit scale. EXAMPLES. Elegant Pocket - .edition ' price is., by post Is. 6d. DR. CULVERWELL AN MARRIAGE, Its I T :iNDRINCES and OBLIGATIONS. " To be or us', t o h e , that is the question."—Shakspeare. Contents : Patermt! —On Matrimonial Eligibility and Unfitness — Laws of —Phenomena of Gestation—On Maternal Influence--01: infe l i c :Acuis and unproductiye Unions—Curiosities of Medical Expert. enr,,, ccm s , g m , &c. _ Also Companion to the same, price Is., by post Is. 6d. aItASTITY ; its ABUSES and DISEASES(72 , Engravings). These two interesting little volumes are not intended for idlo or in lliscriminate perusal, but they are 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. 1 , 1 7§ .., s -1 Bonus Banns in if , M .1 ,_, 11 ' 5- ra 3= ° Premium. ? U ' - .4 t added. Cs.sh. •;•-; E : W.. 1 • 1 1 ,__...____._. -,..-... ..-........-..... I I .. d. 1837 £l9l 13 5 1 £87 13 5 £l3 17 1 £ 395 1 1 1 60 1838 . 165 13 8 74 13 10 1 1 8 6 346 2 3 M • O !ft 3 4 I i 1839 138 13 6 61 14 3 92 19 2% 13 4 1840 ; 89 0 0 41 13 4 6 0 • q 47 4 6 The dißloton of profit; Is annual, and the next will be made in De cern - )er of the present year. F. FI:ROU2ION CAMROUX, Seq. ANNUITIES. rrIIE AUSTRALASIAN, COLONIAL, and. GENERAL LIFE ASSURANCE and ANNUITY COM PANY, 126, Bishopsgate-street, corner of Coruhill. Capital, 200,0001., in 2,000 Shares. DIRECTORS. Edward Barnard, Esq., F.H.S. Gideon Colquhoun, Esq. Robert Brooks, Esq. C. E. Mangles, Esq. Henry Buckle, Esq. Richard Onslow, Esq. John Ilenry Capper, Esq. William Walker, Esq. TRUSTEES—Edward Barnard, Esq., F.R.S. ; J. H. Capper, Esq.; E,lward Thompson Id C. Richardson , Esq . n, Esq. A UDITORS —James Easton, Esq., Somciroas—Messrs. Maples, Pearsc, Stevens, and Maples. BANKERS—The Union Bank of London. COLONIAL BANKERS=-The Bank of Australasia (incorporated by Royal Charter, 1835), 8, Austin-friars, London. I'IIYSICIAN—Dr. Fraser, 62, Guildford-street, Russell-square. ACTUARY AND SECRETARY—Edward Ityley, Esq. To the purchasers of Annuities this Company, in addition to par ticipation in profits, holds out the advantage of a much higher rate. of Annuity than can be granted with safety by companies which make their investments entirely in this country. The following are specimens of the rates of annuities granted for , very 1001. sunk : Age. Lives. lale L Female ivee. Age. Lives. F L e i n v i e al e e . 40 £7 8 3 £6 18 2 65 £l2 12 0 £lO 19 0 50 813 6 714 4 70 15 0 8 13 2 6 60 10 16 3 99 0 75 18 9 2 16 3 5 FOURTEENTH EDITION of the SILENT FRIEND on Human Frailty, with Coloured Engravings. Just published, price 2s. 6d., free by post (In a sealed envelope) 33.6 d., THE SILENT FRIEND ; a Medical Work on the Infirmities of the System n both sexes ; and on the loss of the repreductiN e powers, with means of restoration. The baneful effect's of indulge.* ce, &c., are fUlly pointed out. Illustrated by En gravings; followed by observations on Marriage. By R. and L. PERRY and Co., Consulting Surgeons, London. Published by the Authors, and may be had at their residence 19, BERNERS-STREET, OXFORD-STREET. . _ Prospectuses, with Tables, Forms of Proposal for the purchase of an Annuity or for making an Assurance, and every information, may be obtained by application at the Office of the Company. JONES'S DEMULCENT COUGH LO ZEINGES, the best remedy ever discoverid. Persons afflicted eith cough, asthma, difficulty of breathing, consumption, or other diseases or derangement of the respiratory *roils, will experience minediate relief, and derive permanent benefit, by the use of JONES'S DEMULCENT COUGH LOZENGES, which are so efflca • cious, that they will cut short the most violent paroxysm of cough ing, and are so agreeable to the palate that they may be eaten as a confection. Sold by the proprietor, Peter Jones, operative chemist, 11, Norton folgate, Bishopsgate-street, London, in boxes Is. 13i (1., and in tins at 2s. U. each, duty Included ; and by inset chemists and patent medi— cine vendors in town and country. Bold by strange, 21, Paternoster-row ; Hannay and Co., 63, Ox ford-etreet ; Gordon, 146, Leadenkall-street ; Purklse, Compton street, Sake; and all Booksellers. . . "We regard the work before us, the Silent Friend,' as a work embracing most clear and practical views of a series of complaint, hitherto little understood, and passed over by a majority of the me dicalprofession, for what reason we are at a loss to know. We mmt however confess that a perusal of this work has left such a favourable impression on eur minds, that we not only recommend, but cordially wish every one who is the victim of past folly, or suffering from tubs cretion, to profit ky the advice contained in its pages."—Age and Argus. The COUDIAL BALM of SYItLACUM 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 11x., or he quantity of four in one oottle for 335., by which Ile. 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 painfill affections arising from improper treatment or the effects of mercury, removing secondary symptoms, and all eruptions of the skis. Price I Is. and 335. per bottle. PERRY'S PURIFYING SPECIFIC PILLS, price 2s. 9d., 4s. 6d., and l is. per boa, are the most effectual remedy for strictures hillarn. melon, &c., without hindrance to business, , Consultatica fee, If by letter, ii. Minut e d e t a il of cases neeessary. Messrs. R. and L. Perry and C 0.,. surgeons, insv he consulted, as usual, at 19, Berners-street, Orford-street, Lend3n, daily, and at 106, Duke-s eet, Liverpool, tvery Thursday, Pridny, and gaturdsy ; and at 10, St. Jem-street, Deansgate, Manche ;ter, on Mondays, Tuesdays, and Wednesdays. DREDGE'S HE A L-A 14 - 14, or CELEBRATED EMBROCATION, Has long been known throughout the West of England as the most efficacious remedy for rheumatism, lumbago, pains in the limbs and numbness, sciatic and paralytic affections, face-ache, sprains and bruises, barns and scalds, spasms and cramp, stiffness of the joints or neck, frozen limbs, chilblains before they are broken. It is lil;cw i.,e an infallible care for that dangerous disorder, the quinsy 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, Ne. 95, F. rringdon-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. and 2s. SC per bottle ; and sold retail, by all respectable medicine venders in Um% agil mow, ARIS AND LYONS RAILWAY. (GANNERON'S COMPANY.) A PUBLIC MEETING of the Shareholders of this Company will he heldat the City of London Tavern, Bishopsgate - street, on FrIDAY NEXT, the 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 VILLESBOISICET, ficoretaries. EDWARD FILDER, 7, Tokenhousc-yard, London, 27th December, 1845. 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 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 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, . e --- have become of the exclusive rights of Spain ? __. ..._ _ OFFICIAL CORRESPONDENCE I There would have been no refuge for the United States but in an appeal to the principles of the Nootka conven- ON THE OREGON QUESTION. tion. The following are the two concluding letters of Mr. To deny this, then, the validity of the Nootka conven• Pakenham and Mr. Buchanan, and contain all the im- two, 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- ratter 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 Envoy Extraordinary and Minister in the negotiation of 1818, as giving them a claim 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 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 and the Russian line, in 54 by the Florida treaty without upsetting all claims ad deg. 40 north latituie, is recorded in the Plorida treaty. duped in their own proper right, by reason of discovery, Under this 'treaty, 'dated on the 22d February, 1919, exploration, and settlement, antecedent to that arrange- Spain ceded to the United States all her rights, claims, went. 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," rays the Secretary of State, " that at continued in full and complete force up to the present the date of this ec nvention, 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 and, if this be established, the question is then decided teeter 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 terri- 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 sat isfactoril y , to to any portion of the territory will prove to be destitute the observations of the American Plenipotent iar y 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.t 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 better 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 Plenipoten 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 ob w e e t d we in between them. light, its stipulations might have drained or to be set aside by a ces sa tio n o f f r i en dly re l a - exists independently of its provisions." And a g ain : tins former "The title o the e the Columbia United State s river and to t i h ts e been considered as cancelled in consequence of the war perfect and complete before the date of the treaties ofjeseet 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 beranntierhevirl2e n ,i Viewed s w region Madrid on the 28th August, 1814, it was declared that emery, 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 went, 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 to have 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 discover ed Ca p e Flatter y , 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 portion 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 with 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 Pr incess tents in the Columbi a 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 negotiatio ns respect i ng t h e C o l um bi a terr it or y, di sc ussion 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 G rea t B r itain 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 Spa in, to reinstate Meares in the principles therei n l a id d own , to be still in force. th e p oss es s ion from which he had been ejecte d b y 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 se nt from En g land 1818, that the No o tk a S oun d convention was then iu to w it ness the fulfilment of the above-mentioned engage force, because no reference was made to it on the part of went, and to effect a survey of the north - west coast de- England during th e negot i a ti o n of that year on the partin g 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 sid e s, di scovere d a passage northwards into the undersigned t o 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 b e put f ort h by the United States, seeing And here we have, asifar as relates to Vancouver's Island, that it was not unt il t h e f o ll ow ing year (the year 1819) as complete a case of discovery, exploration, and settle • that the treaty was concluded by which Spain trans • went as can well be presented, giving to Great Britain, ferred to the United States her rights, claims, and pre- in any arrangement that may be made with regard to , tensions to any terr i tor i es w est of the Rocky Mountains, the territory in dispute, the strongest possible claim to and north of th e 42 d p ara ll e l of latitude. . the exclusive possession of that island. Hence, it is o b v i o us that in the year 1818 no occasion While Vancouver was prosecuting discover y and ex had arisen f or appealing to the qualifie d nature of the plorat ion b y sea, S ir Alexander Mackenzie, a partner rights, cl a i ms, and pretensions so transferred — a qualifi - in the North - West Company , crossed the Rock y Moon cation im of Nootka.p osed or at least recognised, by the co nvention tain s, discovered the head waters of the river since 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 — Columbi a , th e American Plenipotentiary observes is being the first civilised man who traversed the continent older th an the Florida treaty of February, 1819, and of America from sea to sea in those latitudes. On the exists independently of its provisions. Even sup- return of Mackenzie to Canada, the North-West Com posing, then, that the British cons tr uc tion of the Nootka pany 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 p erm itt e d r e spectf u lly to in- t established posts on the Tacoutche, Tease, and the Co quire, upon what principle, unless it be upon the prin- lumbia. ciple which forms the foundation of the Nootka con- In the year 1811, Thompson, the astronomer of the 1 vention, could the United States have acquired a title to North-West Company, discovered the northern bead any part of the Oregon territory previously to the treat y waters of the C olumbia, and following its course till of 1819, and independent l y of its p rovisions? B y dis- joine d b y the rivers p reviousl y discovered by Lewis and covery, exploration, settl ement, will be the answer. Clarke, he continued his journey to the P acific. But, says the Americ an Pleni p otentiar y , in another From t hat time until the y ear 1811, when the ar pert of his statement , the ri g hts of S p ain to the west latitude, rangement for the joint occupancy of t he territor y was coast of America , as far north as the 61st de g ree of c on c luded, the North-West Company continued to ex- wer e so complete as never to have been serf - tend their operations throughout the Ore g on territor y , I ously questioned by an y Euro p ean 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, ever since the discovery of the of resources. American continent, and had been acquiesced in by all While all this was passing the following events occur- European powers. They had been admitted even by red, which constitute the American claim in their own Russia ; and that, too, under a sovereign peculiarly proper right. Russian subjects for violating the Spanish terri e In 1792 Gray entered the mouth of the Columbia river. In 1805 Lewis and Clarke effected a passage across Le her C o e u m rt p o ir f e' Ru w s h si o te the Rocky Mountains, and discovering a branch of the to she was extreme' America, did not hesi- Columbia river, followed it until they reached the ocean. tenacious twhenaort ey too ncomplaintsat s hs of f north-westht e h et hade rr Dingt b o er coast o a nf a l i us r t ai Spaino g df h e t s that T In 1811 the trading post or, settlement of Astoria was against R sorry that the repeated orders issued to prevent the, r , stablished at the mouth of the Columbia, on the northern subjects of Russia from violating in the smallest degree ,® of that river. t h e t e rritory belo n g in g to an other power, should have , This post or settlement passed during t he last war into id been disobeyed. i British hands by the voluntary act of the persons in In what did this alleged violation of territory consist?' Assuredly, in some attem p ted acts of discovery , ex p l o r e - ' restored to the United States in 18 18 , with cer tain well tion, or settlement. : charge of it—a fact most clearly establish e d . It was authenticated reservations; but it was never actually At that time Russia stood in precisely the same posi- .re-occupied by American citizens, having f r o m the tion with refe rence to the exclusi ve rights of Sp ain. as . :moment of the original transfer or sa le 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- Uuited States, would nec e ss ar ily b e j u d ge d by one and. i meat referred to by the United ' States as giving them a the same rule. How, then, can it be pretended that acts which, in the . ..proper right. ' .claim to the valley of the Columbia, in their own case of Russia, were considered as criminal violations of 1 the Spanish territory, should, in the case of citizens of The Briaish Government are disposed to view them in the United States, be appealed to as constituting a valid ' - value to which they can in fairness be entitled; but tbere 1 title to the territory affected by them ? and yet from circumstances attending eachand all of them which I tiae most liberal sense, and to give to them the utmost I are this inconsistency the American Plenipotentiary cannot must, in the opinion of any impartial investigato r of esc ape, if he persists in considering the American tit an the. subject, take from them a great deal of the e ffect t o have been perfected by discovery, exploration, a std w hie:h the American negotiators assign to them as sett l em ent, when as yet Spain had made no tr a nsfer- o f h er rights, if, to use his own words, " that title, is d ra i n( d try the Columbia and its branches. older than the Florida treaty, and exists independently In the first place, as relates to the discovery of Gra y , of its provision s. ' giving' to this country a claim to the entire reg ion it m mist be remarked that he was a private navigator, According to the doctrine of exclusive dominion, the s a il; el erinelpally for the purposes of trad e, which fact exploration of L ewis a n d Clarke , and the establishment est founded at the mouth of the Columbia, must be con- be' meen the discoveries accomplished by him arid view, those downed as encroachments on the territorial rights of e n , .acted by Cook and Vancouver , wh o sailed in shi p s of According to the opposite principle, by w hich disco- iti 4bßshes a wide difference, in a na tional point of Spain. I a es royal navy of Great Britain , a nd who were sent to se north-west coast for the express pu r p ose of ex p lore,- very. exploration, and settleme n t are cons i dere d as g i v i ng t ion and discovery. 1 e l i: ' ' t . ' it„. •" : :' ' ,ll •'-'-' , --1' (:. ,; , sai rdoltqi to i I n t h e I , k X i 1 ~( r., it in tile course of toe seine paper us constituting a corn- I:, a circumstance not to be lost e plate title in favour of the United States.national point by any act which could give it value in a ' Besides, how shall we reconcile the high estimation of r . it was not, in truth, made known to the world 0- view ; the territorial rights of Spain, considered independently of i • AO Nootka Sound convention, with the course observed discoverer himself or by his Government. sight of, that it was not for several years followed up , bo recently as the year 1826, the American Plenipoten rAther by the UTUNT, 57, STRAND, LONDON.-WEL ►`_ 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 accounts." 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 waters 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 the: Lewis and Clarke made their way to the main stream of that aver, which they reached at a pint distant, it is believed, not more than 200 miles frotn 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, Neves, 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 en 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 views 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 theprinsal offered by the American Plenipotentiary for the settlement of the question. This proposal, in fact, offers less than that tendered by the American PlenipotentiariOs 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_ o the proposed freedom of the ports on Van couver's Island south of lat. 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 will, 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 in 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. H. PAKE NH AM. Hon. James Buchanan, &c. THE TWELFTH EDITION. . r a 6d nd . sent free, on Inquiry into Just m rurisishLedy,in receipt a s c o tt lf HEALTH a a d p en v elope, ot, olti:e . price I Orderc P e 2 o s fpo . th ter l mi ns n tnt :tu c h t ic i , o A n ins s the Concealed Cause of its Decline, wi th for its Complete Restoration. Addressed to th 'se suffering from the destructive consequences of excessive inda rll6 l t Mental and Nervous Debility, Local or Constitutional Weakness,sln digestion, and Consumption. Including a comprehensive Dissertation on MARRIAGE. Illustrated with Cases, kc By C. j and Co., Consulting Surgeons, London. CAUTION. —Complaints having reached us that several persons 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, b y w ay of protection, to caution the public against being duped t y such base imitations. Persons desirous of obtaining the above work, end not wishing to apply to a bookseller for the same, may, to insure secrecy, have to direct trona the Authors, by enclosing 3s. 6 1., or Postage sta m p s to that amount. may be had of the Authors, No. 60, Newman-street, Oxford-street; and sold by Brittain, 11, Paternoster-row; Hannay and Co., 63, Oxford-street; Noble, 114, Chancery-lane; J. Gordon, 146, Leaden hall-street; G. Mansell, 3, King-street, Southwark, London; T. , 0 4 0 , i n v A . n lv n o 's od -sr 7 a B 7, H M ig a h n s c t h re e e s ti ter ß ; inn w. it H iglawm a : w. and H. Robinson, 11, Greenside-street, Edlnhurgh ; T. Price, 7 S s o7 D le a r ie. C s Dublin ; Oral ail i1e0k , 11, , , *. Th, 1),14, Or au friends ii the proission; ,l fricna, end in no nape can he be 1/4onthuiied with greater ;iat., - ,u:1 ..,,,,re::;:, - than iu ' Lucas Courier - Li fil ve c rp e Messrs. Lucas and Co. are to be consulted from Ten till Two, and FiveefrnomManly health.'—The New Bell's We ekl y Messe nger. C till Eight in the evening, at their residence, Na. CO, New man-street, Oxford - street , London, and countr y p atients may be sueee really tivatad, on minutely describing their case, and enclosing OW 11014 A Oa ff lb ter RIO% jJ.s~. subsisting treaties between the belligerent powers." He conte s ? however, in the first place, that this convention is partly comnierciel ; and that, sr, 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 Siam n) in 1796, were thereby ratified and confirmed ;" and, se cond, " that in other respects it must be considered as f ert 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 upo n 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 sessions. The second proposition of the British Plenipoten tiary deserves greater attention. Does the Nootkas 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 Spain 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 vela: eeign jurisdiction, there would have been much force in the ara-pment. But such an admission never was made, and never w oes intended to be made, by Spain. The Nootka conveatiea Lv arbitrary and artificial in the highest degree, and is anyt:eing rather than the mere acknowledgment of simple awl 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 an y third l eiwer to interfere with the north-west coast of America. Neither in its terms, nor in its essence, does it contain any ace knewledgment 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 (J. B. 2.) either at pleasure. But in the present case it is not Department of State, Washington, Aug. 30,1845. even pretended that Spain performed any act in accord- The undersigned, Secretary of State of the United ante with the convention of Nootka Sound, after her States, deems it his duty to make some observations in treaty with Great Britain of 1814. Her mere silence is reply to the statement of her Britannic Majesty's Envoy relied upon to revive that convention. Extraordinary and Minister Plenipotentiary, marked The undersigned asserts confidently, that neither by H. P., and dated 29th July, 1845. public nor private law, will the mere silence of one Preliminary to the discussion, it is necessary to fix party, whilst another is encroaching upon his rights, our attention upon the precise question under considera- even if he had knowledge of this encroachment, deprive tion, in the present stage of the negotiation. The ques- him of these rights. If this p rinci p le be correct as ap tion simply is, were the titles of Spain and the United plied to individuals, it holds with much greater force in States, when united by the Florida treaty on the 22d of regard to nations. The feeble may not be in a condition IFebruary, 1819, good as against Great Britain, to the to complain against the powerful ; and thus the en- OregeSss territory as far north as the Russian line, in the croachwent of the strong would convert itself into a latitude ot'jst. degrees 40 minutes ? If they were, it will perfect title against the weak. be admitted that this whole territory now belongs to the In the present case it was scarcely possible for Spain United States. even to have learned the pendency of negotiations be- The undersigned again nimgrks that it is not his pur- tween the United States and Great Britain, in relation which hie predecessor, to the north-west coast of America, before she had ceded pose to repeat the argument by tnerican title "to all her rights on that coast to the former by the Mr. Calhoun, has demonstrated the .r.'e . rtaer awl its Florida treaty of the 22d of February, 1819. The con the entire region drained by the Columbia branches." He will not thus impair its force. vention of joint occupation between the United States It is contended, on the part of Great Britain, than the and Great Britain was not signed at London until the and hold the Spanish title, sub- 20th of October, 1818—hut four months previous to the United States acquired ject to the terms and conditions of the Nootka Sound lete of the Florida treaty, and the ratifications were not cee beenged, and the convention published, until the 30th convention, concluded between Great Britain and Spain, 1819. at the Escurial, en the 28 th of October , 1790. of Janut.:. r r , In opposition to the argument of the undersigned con- Besides, . 4 .lie negotiations which terminated in the tamed in his statement, marked J. 8., maintaining that Florida treaty 1 1 '. ad been commenced as early as Deem this convention had been annulled by the war between ber , 1815, nod were in full progress on the 20 th October, Spain and Great Britain, in 1796 , and has never since 1818, when the convention was signed between Great been revived by the parties, the British Plenipotentiary, Britain and the United States. It does not appear, in his statement marked B. P., has taken the following therefore, that Spain had any knowledge of the exist positions : trice of these negotiations, and evsen if this were other 1. " That a hen Spain concluded with the United States wise, she would have had no motive tes complain, as she the treaty of 1819, commonly called the Florida treaty, was in the very act of transferring all hter rights to the the convention concluded between the former power and United States. Great Britain, in 1790, was considered by the parties to But, says the British Plenipotentiary, Spain looked in it to be still in force." silence on the continued occupation by the British of And 2. " But that, even if no such treaty had ever ex- the settlements in the Columbia territory subsequently isted, Great Britain would stand, with reference to a to the convention of 1814 ; and, therefore, she con claim to the Oregon territory, in a position at least as sidered the Nootka Sound convention to be still in foree.- favourable as the United States." The period of this silence, so far as it could affect Spain,. The undersigned will follow, step by step, the argu- commenced on the 28th day of August, 1814, the. meat of the British Plenipotentiary in support of these date of the additional articles to the treaty of 8 Madrid, propositions. and terminated on the 22d of February, 119, the The British Plenipotentiary states, "that the treaty of date of the Florida treaty. Is there the least reason 1790 is not appealed to by the British Government, as from this silence to infer an admission of Spain of the the American Plenipotentiary seems to suppose, as their continued existence of the Nootka Sound convention? In ' main reliance' in the present discussion ; but to show the first place, this convention was entirely confined to. that, by the 'Florida treaty of 1819, the United States ac- landing on the coasts of those seas, in places not already quired no right to exclusive dominion ever any part of occupied, for the purpose of carrying on their commerce that Oregon territory." with the natives of ti.e country, or of making settlements The undersigned had believed that ever since 1826 th e re. It did not extend to the interior. At the date of the Nootka convention had been regarded by the British this convention no person dreamed that British traders Government as their main, if not their only, reliance. from Canada or Hudson's Bay would cross the Rocky The very nature and peculiarity of their claim identified Mountains, and encroach on the rights of Spain from it with the construction which they have imposed upon that quarter. Great Britain had never made any settle this convention, and necessarily excludes every other went on the north-western coast of America, from the basis of title. What but to accord with this construction date of the Nootka Sound convention until the 22d of could have caused Messrs. Huskisson and Addington, February, 1819 ; nor, so far as the undersigned is in the British Commissioners, in specifying their title, on formed, has she done so down to the present moment. the 16th of December, 1826, to declare " that Great Spain could not, therefore, have complained of any Britain claims no exclusive sovereignty over any porton such settlement. In regard to the encroachments which of that territory. Her present claim, not in respect to had been made from the interior by the North-West Com any part, but to the whole, is limited to a right of joint pany, neither Spain nor the rest of the world had any spe occupancy in common with other states, leaving the Mile knowledge of their existence. But even if the British right of exclusive dominion in abeyance." And again: Plenipotentiary had brought such knowledge hornet° her, "By that convention (of Nootka) it was agreed that all which he has not attempted, she had been exhausted by one' parts of the north-western coast of America, not al- long and bloody war, and was then engaged in another ready occupied at the ti me by e ith er o f th e contracting with her colonies ; and was, besides, negotiating for a parties, should thenceforward be equally open to the transfer of all her rights on the north-western coast of subjects of both for all purposes of commerce and settle- America to the United States. Surely these were suffi ment—the sovereignty remaining in abeyance." But cient reasons for ber silence, without inferring that she on this subject, we are not left to mere inferences, how- acquiesced in the continued existence of the Nootko con ever clear. The British Commissioners, in their state- vention. If Spain had entertained the least idea that went from which the undersigned has just quoted, have the Nootka convention was still in force, her good faith virtually abandoned any other title which Great Britain and her national honour would have caused her to com may have previously asserted to the territory in dispute, municate this fact to the United States before she had' and expressly declare " that whatever that title may ceded this territory to them for an ample consideration.. have been, however, either on the part of Great Britain Not the least intimation of this kind was ever communi or on that of Spain, prior to the convention of 1790, it cated. was thenceforward no longer to be traced in vague nar- Like Great Britain in 1818, Spain in 1819 had no 'idea ratives of discoveries, several of them admitted to be that the Nootka Sound convention was in force. It had apocryphal, but in the text and stipulations of that con- then passed away and was forgotten. vention itself." The British Plenipotentiary alleges, that the reason And again, in summing up their whole case, they say: why Great Britain did not assert the existence of the —" Admitting that the United States have acquired all Nootka convention during the negotiations between the rights which Spain possessed up to the treaty of the two Governments in 1818, was, that no occa- Florida, either in virtue of discovery, or, as it is pre- sion had arisen for its interposition, the American tended, in right of Louisiana, Great Britain maintains Government not having then acquired the title of that the nature and extent of these rights, as well as the Spain. It is very true that the United States bad rights of Great Britain, are fixed and defined by the con- not then acquired the Spanish title ; but in it pos vention of Nootka, Sec. sible to imagine that throughout the whole negotiation The undersigned, after a careful examination, can dis- the British Commissioners, bad they supposed this con cover nothing in the note of the present British Plenipo; t e rtiary to Mr. Calhoun, of the 12 th of Sept em b er last, v ention to have been in ex istence, would have remained entirely silent in regard to a treaty which, as Great , gave her equal and co • ordinate to impair the force of these declarations and admissions of his predecessors. O n the contrar y , its g eneral tone B r i g r i h t a t s i n w n i t o i w i s a p l a l e i g" n to the whole north-west coast of is in perfect accordance with them. America ? At that period Great Britain confined her Whatever may be the consequences, then, whether for claims to those arising from discovery and purchase good or evil—whether to strengthen or to destroy the from the Indians. How vastly she could have strength- British claim—it is now too late fo r the British Govern- ened these claims , h ad sh e then supposed the Nootka meat to vary their position. If the Nootka convention convention to be in force, with her present construction confers upon them no such rights as they claim, they of its provisions. Even in 1824 it was first introduced cannot at this late hour go behind its provisions, and set into the negotiation, not by her Commissioners, but by up claims which, in 1826, they admitted had been merged Mr. Rush the American Plenipotentiary. "in the text and stipulations of that convention itself." But the British Plenipotentiary argues that " the Thit undersigned regrets that the British Plenipoten- United States can found no claim on discovery, explora tiary has not noticed his exposition of the true construe- tion, and settlement effected previously to the Florida tioa of the Nootka convention. He had endeavoured, treaty, without admitting the principles of the Nootka, and he believes su ccessfull y , to prove that this treaty convention ;" " nor can they app eal to any exclusive was transient in its very nature; that it conferred , right as acquired by the Flo rida treaty, without upset upon Great Brita in no ri g ht but that of merely traok ting all claims adduced in their own proper right, by ing with the Ind ians whilst the country should remain uns ettled, and making the necessar y establishments r_,easoent n t h a t arrangement. of discovery, expl oration, and settlement antece u to This is a most in g enious method of making two dis for ibis purp ose ; and that it did not inter fere with the ultimate sovereignty of Spain over the ter- tinct and independent titles held by the same nation r itory. The British Plenipotentiary has not attempted worse than one—of arraying them against each to , resist these conclusions. If they be fair and legitimate, other , and thus destroying the validity of both. Does then it would not avail Great Britain, even if she should he forget that the United States own both these titles, nro ye the Nootka convention to be still in force. On and can wield them either separately or conjointly t he ,contrary, this convention, if the construction placed against the claim of Great Britain at their pleasure ? . it by the undersigned be correct, contains a clear upon . From the course of his remarks, it might be supposel dmission on the part of Great Britain that Spain virtual to that Great Britain, and not the United States, bad ac held the eventual right of sovereignty over the whole quired the Spanish title under the Florida treaty. disputed t e _eritory, and consequently that it now belongs But Great Britain is a third party—an entire stranger to the l'initeu l States. to both these titles, and has no right whatever to marshal The vai.'le nt. this admission, made in 1799, the sam C, the one against the other. whether or 'het the convention has continued to exist ;nw By what authority can Great Britain interpose in this manner the present day:- But he is willing to.leadve.t his for mer on ?—Was it ever imagined in any court of justice the uucontrovert,,d argument curtained in ns that the acquisition of a new title destroyed the old one ; and vice versa, that the purchase of the statement. s o und convention still in force ? But is the Nootka e'l ry does not contest the clear old title destroyed the new one ? In a question of The British Plenipotentia •ew " thtwar terminates . , a if a stranger to both titles should say s to the party general principle of public i.. PRICE SD.