The Sun.
London, England, 1846-01-02 00:00:00

1.772
6,943

THE SUN, LONDON, FRIDAY EVEN] NG, JANUARY 2, 1846

Average Amount.
Wilts aria Dorset Banking Company, Salisbury 67,640
West Riding Union Banking Company, Hud•
dersfield
31,429
Whitchurch and Ellesmere Banking Company,
Whitchurch
Worcester City and County Bankiog Company,
Worcester... 5,432
York Union Banking Company„York 62,663
York City and C,

because other people were dilatory ? Was not thirty
days a monstrous time fur a railway to do anything ?
Mr. Alderman CHALLIS bad no doubt the non-delivery
of the parcel had occasioned very great inconvenience,
which Messrs. Crowley regretted fully as much as he did;
but the complainant could very easily understand that
carriers of all descriptions were overburdened with busi-
ness just now. If the application had been made three
weeks ago, there wou:d have been time to look Over the
books and make inquiries immediately, but now they
were so constantly engaged with the current business
they had not time to refer to the past. The application
for a little delay was, ha thought, perfectly reasonable.
The complainant said he should object to any delay.
Next week he must buy the boy another suit of clothes.
Mr. Alderman CHALLIS said the innkeeper ought not
to be called upon to do more than he could do. lle coull
not make slow bodies move quick. The complainant had
better wait a few days longer.
The complainant said he had waited too long already..
He would instantly commerce an action.
Mr. Alderman CHALLIS said, if the complainant
would not be assisted by an adjournment he must dis-
miss the complaint.
The complainant retired, vowing he would bring an
action.

• about the end of Gray's Inn-lane, and immediately tat en
into custody. In the course of the examination it tiaus
stated that the prisoner b 4 longed to a gang of thieves,
who for a length of dine infest,d the south side 4)i the
river, and that some tine since he was tried and e44n.
victed at the Central Criminal Court, and had under
g me a long imprisonment for his offence.
Mr. Itonerts, On the part of the pri-iont,r, cross-ex-
ambled the witnesses, with a view to show that they
might have been mistaken in the prisoner's idetuity,
owing to the fact of its having been night at the time of
the robbery. The policeman, however, spoke with con-
fidence on the point, but the complainant :Omitted that
owing to the suddenness of the attack, and the gas-light
having been extinguished at the moment the three m4-,n
rushed at him, he could not on that account speak
with the same degree of certainty to the persons of his
assailants.

_ y ~ouniy Banking Company, York 89,700
Yorkshire Banking Company, Leeds
P. DEANS, Registrai of Bank Returns.
Stamps and Taxes, Dec. 27, 1845.

LAW INTELLIGENCE.
SHERIFFS' COURT, Jan. 1.
(Before Mr. Under-Sheriff BIIRCHELL.)
CARR V. BRIDGES.
The plaintiff in this action is a tailor, in the Edge-
ware-road, and the defendant a plumber and glazier.
The action was brought to recover the sum of 51. 13s. for
goods sold and delivered.
Mr. Charnock appeared for the plaintiff, and Mr.
Corrie (Judge of the Palace Court) for the defendant.
The facts of the case were these•—ln 1844 the de-
fendant contracted a debt of 151 9s. Bd. with the plain-
tiff, and afterwards took the benefit of the Insolvent
Act, but just previously he had more clothing to the
amount now demanded. In his schedule he only in-
serted the first debt of 151. 9s. Ed., and now pleaded
that he had been discharged from the debt under the In-
solvent Act. The plaintiff opposed at the time on the
ground that there had been a fraudulent transfer of pro-
perty to defendant's father, and the defendant was re-
manded until 501. was paid into Court on account,
plaintiff being appointed assignee.
Mr. Coantx argued that the plaintiff being assignee,
ought not to bring an action for his individual debt, even
though defendant was not exempted from payment by
the operation of the Act, but that if any property was in
possession of defendant, it should.be paid into Court for
the benefit of the creditors generally.
Mr. CHARNOCK contended that the two debts were dis-
tinct, and that the defendant, having omitted the latter
debt, could not now avail himself of the discharge under
the Act. There was a serious difference in the amount ;
had both been inserted, the plaintiff would have been a
creditor for above 201., and could then have obtained a
judge's order to detain the insolvent, but as it was, he
got his immediate discharge by favour of his detaining
creditor.
The UNDER-SHERIFF said it was a question for the
jury whether there had been any "culpable neglect, fraud,
or evil intention," in the omission of the debt. If so, the
verdict must be tor the plaintiff. It was for the jury to
say whether they considered that defendant could have
forgotten the last account.
The jury gave a verdict for the plaintiff for the amount
claimed.

The MAGISTRATE said that he should commit the pri-
soner for trial, but that it %,outd be necessary to have
himibrought up again on Saturday, in order to have the
depositions taken.

An official communication was received from the
Home Office, appointing Mr. William Taylor, for the last
twelve y ears second clerk of this Court, to the chief
clerkship of the Westminster (late Queen-square),
vacant by the death of Mr. Edwards. Mr. Alfred
Taylor, second clerk at Queen .square, has bean
appointed to the vacant situation at this Court ;
and Mr. O'Brien, third clerk at Bow-street, has
been promoted to the situation of second clerk at th e
Westminster Police-court.
THAMES.

BOW-STREET.
An errand boy, named Robert Mitchell, in the service
of Mr. Cox, of 29, Southampton-street, Covent-garden,
was charged with stealing 171, the produce of a cheque
entrusted to him by his master.
Mr. Cox merely stated that the boy, on being sent to
his banker's with a cheque for the above amount, ob-
tained the money, appropriated it to his own purposes,
and then absconded.—He was remanded for a week.
MARLBOROUGH-STREET-
George Heald, a lad in the service of Mr. Duddy,
butcher, Drummond-street, was sumuscned by the So-
ciety for the Prevention of Cruelty to Animals, for
having wantonly and cruelly ill-treated and beaten an ox.
John Ditton, constable, in the service of the Society,
said he saw the defendant, on Monday last, beating an
ox over the head with a bludgeon about as thick as his
wrist, and with a spike at each end. The defendant
struck the animal with his full force over the nose, caus-
ing the blood to flow freely. Next he struck a blow
over the eye, which caused a swelling as big as a fist ;
and, lastly, he struck the animal on the hock, and
brought it instantly to the ground. Witness had never
seen an animal beaten with greater cruelty.
The defendant denied the charge. The ox and a
companion had been driven from the country to be
slaughtered, but when near the slaughter-house, being
very wild, they ran off different ways. Defendant fol-
lowed one of the animals through a great number of
streets, and was obliged to hit it occasionally to prevent
it doing misshief. The animal ran into a baker's shop,
and was with difficulty got out. In fact, it was so wild
that it was found necessary to have it slaughtered as soon
as possible.
The brother of the defendant said defendant aas a
very humane character, and could get a character from
different master butchers with whom he had lived, to
that effect.
Mr. HARDWIcK said, there ought to be some other
means adopted to get beasts into the slaughter-house
than the ordinary practice of driving them through the
streets to the manifest peril of the passengers. It was
intolerable that drovers should be allowed to beat and
half kill animals on the public streets to get them to en-
ter the slaughter- houses. It was evident that according
to the present s3stem it was necessary to use some de-
gree of' violence with the animals intended for slaughter,
but then the public must not be disgusted by those
scences of cruelty which too frequently took place.
Mr. Thomas, the secretary, said the behaviour of' the
drovers was often the occasion ofmaddening the wretched
animals under their charge. In fact, they appeared in
many instances to cousidsr it quite a pleasure to irrita-e
and beat an animal of more than ordinary wildness.
The defendant's brother said, even if the beating about
the head had taken place as described by the constable,
still the only being aggrieved would be the defendent's
master, as the bruises would deteriorate the value of the
meat.
Mr. Hammiest. thought that the sufferings of the
poor animal ought not entirely to be left out of con-
sideration.
The defendant's master said he killed the ox, and he
was certain there were no bruises on it.
Mr. Haebwicx said he could not disregard the posi-
tive testimony of the constuble, who had been an eye-
witness of what had occurred. It was time something
was done to alter the system of driving cattle through
the streets when in an excited state.
The defendant was fined 20s. and costs.
MARYLEBONE.
Mary Ann Judd, a young woman, living in Stephen-
street, Lisson-grove. was charged with having stolen a
bundle containing a quantity of linen, &c., from a little
boy, named Henry Woodman, only nine years of age.
The child deposed that on Monday last, as he was
going home with a bundle of things which he had
erought from Charlotte-street, Fitzroy-square, for his
mother to wash, he was accosted in the New-road by
the prisoner. who asked him if his name was Wood
man ; he told her it was, and after she had put a few
other questions to him respecting his mother, she sud-
denly snatched the bundle from him and ran off with it ;
the robbery took place at the corner of Quebec-street.
It further appeared that the prisoner was well known to
the police, and that Grimwood, who had been constantly
upon the look out for her during the last few days, suc-
ceeded in securing her yesterday morning, in Stingo-lane.
None of the stolen property had yet been found.
The prisoner, who denied all knowledge of the rub-
bery, was remanded till Thursday
Margaret Golding, a woman loetween 40 and 50 years
of age, was placed a the.
'oar before Mr. Leng, charged
with having stolen s
raveral articles of plate, th property
of Mrs. Sarah .serarne, living at the Retreat, Grove-
en-town. It appeared from the evidence
39:itraef.ettneCm;riLer had frequently been employed at the
house as needle-woman, and that upon many occasions
silver spoons had been missed ; the accused, who was
suspected, was at length given into the custody of a con-
stable, who upon making iequiries at pawnbrokers' shops
found on that some of the spoons alluded to had been
pledged in the name of Anne Wood ; the were pro-
duced and identified by Mrs. Warne, and the prisoner
was distinctly sworn to as the perscn to whom money
was lent upon one of them.—She was committed for trial.
Wm. Phillips, described as a watch-maker, residing in
Wilsted-street, Somers-town, was finally examined on
the charge of having stolen a quantity of bread, jam,
pastry, wine, and other prof erty, from the house of a
gentleman named Thomas, a merchant, residing at No.
30, Porchester-terrace. Bayswater.
The prisoner was stopped on Christmas-eve by Sedg-
wick, 210 I), with the articles in'question in his posses-
sion, and as it was imagined that he came by them
dishonestly, he was conveyed to the station-house; at
his lodings other things belonging to prosecutor were
found in a large trunk.
The prisoner was committed.
LAMBETH.
Benjamin Brown, the railway projector, was brought
before Mr. Henry for final examination.
Mr. George Taylor, the assistant registrar of Joint-
Stock Companies, at the office, Sergeant's Inn, Fleet-
street, product d two volumes of the register of returns
of the Joint-Stock Companies, registered under the
Joint-Stock Companies' Act, the 7th end Bth Victoria.
cap. 110, which c mtain all the returns relating to the
London and Windsor Railway Company. There is no
other railwaycotnpany registered bearing the same name,
nor was there any railway company registered called the
Prince of %Vales' Oxford and London. He, witness, had
carefully looked and found that there was no such com-
pany as that mentioned registered, nor did the name of
Benjamin Brown appear in any of the papers relating to
rho London and Windsor Railway, either as promoter or
provisional committeeman.
Police-constable Edward Dixon, 85 L, deposed that
after taking the prisoner into custody and while on their
way to the station-house, the prisoner said " I can't
think how Mr. Jacobs could be so cruel, when I have
been so kind to him ; but never mind, let him do his
best, he can only make a debt of it."
The prisoner, by the advice given to him on the da)
before by his attorney, declined saying anything, and
was fully committed to take his trial at the ensuing
session at the Central Criminal Court.
During the progress of the examinatien Mr. Henry
received a letter from a person in Woolwich, who stated
that a correspondence had taken place between him and
the prisoner on the subject of a situation of 300 L per
annum, which Brown had offered to procure him on cer-
tain terms. Mr. Games, the solicitor for the prosecu-
tien, has also received a note from a person in Tooley-
street to a similar effect, and the writers of both offer to
come forward, if required, to give their evidence as to
the transactions.
White and Whiteside, who have been in custody for
some days on a charge of selling packages of saw-dust
to small tradesmen for tea and tobacco, were finally exa-
mined, and fully committed for trial,
Mr. Wontner, who attended on behalf of the prisoners,
cross-examined the witnesses at some length, and made
a very ingenious defence ; but Mr. Henry thought the
cases should go before a jury, and accordingly sent White
upon two charges, and Whiteside upon one.
SOUTHWARK.
Wm. Gibbs was charged with being concerned with
two other men in robbing Daniel Haines, belonging to
the Great Western Railway, of a watch, under the fol-
lowing circumstances.
From the complainant's statement, it appeared that on
the night of the 13th of July last he alighted from the
Brighton train at 'the London-bridge terminus, and on
passing along the Borough, near St. George's Church,
he was accosted by two women. He accompanied them
to a wine-vaults in the neighbourhood, and while he was
in the act of paying for the refreshment with which he
' treated them, one of them managed to slip out of the
house with his great coat, which he had previously
placed on-a bench whilst taking out his purse. When he
missed the woman and the garment he immediately went
out into the street, and as he was standieg underneath
the gas-lamp three men rushed upon him-, one of whom
snatched a valuable watch out of his waistcoat pocket,
the force with which it was pulled breaking the
chain, a portion of which was left hanging round his
neck. The three men having accomplished the robbery
ran away, pursued by a policeman named Delaney, of
the H division, who was near the spot at the time, and
from
he followed them along Birdcage-alley, but they ulti-
mately succeeded in making their escape. He, however,
the light of the lamps, had a
fall opportunit of
distinguishin two of the men, one of whom he had no
an
d the doubt was
e thewas
pas a man risoner, whom he had previously known,
y oth who went by the nickname of
"Lucky," who was also well known to the police; and
the prisoner would have been secured at the time if he
had not slipped his arms out of a blouse be wore, the
policeman having had hold of it upon the occasior.
Although the prisoner was so well known on that side of
the water, yet he could not be found at any of his usual
haunts,. and from that circumstance
it was supposed he
had left London altogether in order to escape detection.
Ow-Monday nigla, however, he was -discosarod.lmising

Mrs. Sarah Baker was charged on n peace warrant
with using threatening language towards Mr. Jacob
Baker, her brother-in-law.

Mr. Pelham appeared kir the complainant, who carries
on business as a baker, in High-street, Bromley. The
defendant was the wife of his brother, a painter and
glazier, in High-street, Stratford. On Sunday, the 14th
of December, the defendant knocked at Mr. Bak .r's
door, anti asked his wife where Jacob Baker was. She
answered that he was at home, and the defendant told
her she had brought him his two children, and he must
support them ; at the same time forcing them into the
passage. Mr. Baker on hearing this came out of his
room, and said the children were none of his, but his
brother's. The defendant said the complainant was the
father of them, and demanded a weekly allowance f,,r
their support, and addad that she would compel him to
maintain his offspring. The complainant said if she had
any grounds for charging him with being the father of
her children, to appeal to the law, and told her to go
about her business, for the children were none of his.
The defendant said, heron- she replied to the charl:e
she would request her husband, who was seated at the
solicitors' table near her, to withdraw, as what she had
to say was not, fit for him to hear.
The husband said IL! would not leave the Court—he
would hear all.

The defendant then repeated that Jacob Baker, and
not her husband, was the father of the children.
The complainant was then examined at great length
by his solicitor, and he said he 13.-lieved the aceusation
was made to extort money from him. He had lodged
with his brother and sister-in-law, but he never paid her
any particular attentions, nor was he ever guilty of any
impropriety with her. His sister-in-law had annoyed
him before, and he caused her to be taken before the ll-
ford Bench, and the Magistrates had warned her not to
annoy him again.
Ultimately, Mr. BALLANTINE expressed his belief
that the woman was labouring under a delusion, or else
her object was to extort money from her brother-in-law.
She might settle other matters with her husband, but he
would not have the peace broken, and would require bail
for her future good behaviour.
The defendant, aft,-r being locked up four hours, put
in bail, her o+sn husband, who is a housekeep, r, being
accept d as one of the sureties.
George Pullen and William Martin, who surrendered
upon nail, and John Cruse, who appeared t,t. the first
time, and glire himself up, were charged with assaulting
and robbing John S. Harris, on the 10th of Nov. list.
After a tedious discussion,
\lr. Pelham said he had a complete answer to the case,
which he knew must go to the sessions, and
Mr. BALLANTINE, who would not entertain the charge
of robbery, held all the defendants to bail, to answer at
the next se-sions a charge of assaulting, beating, and
wounding Harris.

THE RECENT ACCIDENT ON THE
NORFOLK RAILWAY.
GENERAL PASLEY'S OFFICIAL INQUIRY.
THETFoRD, THURSDAY.—Yesterday morning, M,ijor-
General Pasley, the Government Inspector-General of
Railways, arrivel by the early train from town, to in •
stitute his official inquiry respecting the late overturn-
ing oC an engine and train on the Norfolk Railway,
whereby the engineer and stoker lost their lives, in order
to frame his report of the catastrophe fur the guidance
of the Board of Trade.
On his reaching the station of this town, he imme-
diately proceeded to that part of the lino where the
accident happened, which passes through Kelveston
Valley, attended by Mr. Duff, the Chairman of the
Company, Mr. Till, the Secretary, Mr. Marshall,
the Locomotive Superintendent, and Mr. Merritt,
the contractor for the perminent way, and com-
menced the investigation by inquiring into the
state of the road where the engine went off. Mr.
Marshall and Mr. Merritt conducted him about 250 feet
from where the engine was lying to the broken chair,
and then pointel out the exact point, which was
twenty-two feet distant. The course of the engine
was then minutely explained to him, as being in an
oblique direction, how she pitched on her side twice,
and then went over or down the embankment.
Having taken a note of these facts, as also the appear-
ance of the rails which had been torn up. and which
laid on the side of the line,, the engine formed the next
subject of his inquiry. It had been raised from the hole
at the bottom of the bank, having sunk deep into the
soil, and was perfectly at view for the most searching
examination. It was minutely inspected by him, as-
sisted by Mr. Marshall, internally and externally. The
'•
plates and cylinders hal been removed, and although it
had received many bumps and bruises, no damage was
discovered that was likely to have caused it to run off.
It was thought from the circumstance of the engine
jumping at the same moment as the fire and steam flew
from it, as described by the witnesses at the inquest,
that the boiler or some of the tubes had exploded. The
supposition, however, has been entirely set at rest, as
not the least injury was found that could have caused
such a result ; the regulator remained in the same posi-
tion, and clearly indicated that the steam had been shut
off by the unfortunate engine-driver, Pickering. There
was no axle broke, or any of the rods that worked the
driving whe.l ; all were found perfect, with the excep-
tion of a trifling defect, which could not in any way be
said to have led to the accident:.
The principal witnesses, Coldman, the guard, who had
charge of the train—Tedder, the second one—as also
the plate-layers, were in attendance to be examined by
the Genaral. He, however, did not take their state-
ment; no doubt finding the newspaper report of their
evidence sufficient for his information.
Mr. kVrighr, a county magistrate, residing at Kelveston
Hall, was present, and General Pasley, hearing that a
person in his employ had seen the accident, and had
timed the rate of the train just previous, desired that he
might be sent for. On the man arriving, he stated that
he saw the train upwards of a mile before the engine
ran off the line. He saw it pass the mile-post in the
Kelveston-cutting, as also the one near where it hap-
pened with the accident, and it was going at a very
great rate. He thought sixty miles an hour; fur he
pulled out his watch and timed it. It ran from post to
post in a minute.
The General requested a sight of the watch, and,
judging from its antiquity that it probably might not
have one of the most accurate movements, having no
mistakeseco a
second-hand,
to the speed h
d,hethought thatte train .w
theremas said to be
ightbesome
travelling at.
At this juncture a train was heard
aivni,s edc
progress
trmloy muchhe
ignrge
ss m
up,a saa and daczot
party retired on oundeedsidtoetthojagtlhettt;
eit pass, which it did at
r-
athtethoerdvienlaocryityr,aatell. mr. wrd
roborative proof of the man's assertion, and pointing to
the passing train, observed that it was going at sixty
miles an hour. A discussion then ensned, and on the
General being applied to, he remarked that, standing as
they did on the side of the line, the train might seem. to
be going at a greater rate than it really was. For his
part, he did not think it was proceeding faster than 30
miles per hour.
It was expected that General Pasley would have gone
on to Norwich, where the shattered carriages of the
train had been taken to, but he left for London about five
o'clock. Although he did not give any opinion as to the
cause of the disaster, yet it is very probable, from the
remarks that fell from him, that he will come to the same
conclusion as Mr. Bidder and Mr. Marshall. He ob
served, that the escape of the passengers was most mira
culous.

Since the inquest the bodies have been interred at Ely.
They were married ; and Hedgar's widow bad only been
confined a day or two prior to his dreadful fate.

[ADVERTISEMENTI—Tne MOST IMACEDIATE RE.•
HEDY FOR COUGHS AND COLDS IS HOLLOWAY'S PILLS.—
This celebrated and extraordinary meideine is not only an
effectual cure for coughs, colds, hoarseness, or even loss of voice,
but is likewise a certain remedy in all cases of wheezings,
shortness of breath, and asihmas. Persons who may be so bad
as not to be able to lie down in bed, lest they be choked with
phlegm, may be radically cured by these Pills when every other
means have Jailed. This latter class of sufferers may depend
upon getting great relief in the first three days, and in ten days
they will sleep almost as well as ever they did in their lives.
Sold by all medicine vendors. and at Professor Holloway's
Establishment, 244, Strand, London.

[ADVERTISEMENT.]—SIGHT AND iiii:ARING.— 39,
Albemarle-street, Piccadilly, and 25, South Castle-street,
Edinburgh—Newly-invented Spectacles, Telescopes, Opera-
glasses, Mic.roseopes, &c.—Patronised by Generals Sir
Edward Page.!, Sir Evan Lloyd Maistron, Frederick
Goodfallow, Clay, on Grosvenor Morrison, Dyott Robert-
son, Mackenzie, Gale's. v, Piggs, Woolf, Alur.ay, Walker, Fox,
Price, Lindsay, and Tliac::raY, Major-Gene ral Sir H. Elphin-
H
stone, P. Fyers, D. Maclead,amilton. Turner, Wemyss, and
Cock • Lieutenant-Generals Sir :.ienry B ouverie, Sir J. Mac-
clonal], Sir R. Barton, Sir T. Dallas, era I Sir Wm. Eustance ;
Admirals Lord John Hay, Sir G. Cockb' irn, Sir David Milne,
Sir George 11Iunday, ir °forgo Ma .rtin, Sir James H.
S •
Whitshed, Sir D. Gold, Ross' Mosul ,der, Curzons, Tornp-
kinson, Hollis, Price, &c.-14essr‘.. and B. &Ammons,
Opticians, have invented Spectacle Lenses upon a new
construction. Immediately they are
placed before imper-
fect vision, that mist and dullness which appear before the eyes
is at once removed ; every object becomes 1 clear and distinct, so
that the most aged and imperfect sight becomes bright and
brilliant, and is brought to
its youthful, naaural, and original
state.
state. Also, Achromatic Telescopes,,Opera Glasses. Micro-
scopes. Invisible and all kinds f
A ,•,N , ~ ti e ),Tnstruments, for
relief of most extreme deafness. Cao--.7 - - -;.-i t In any way con-
nected with a ilition--.4,,„- •- immediate
person of the same name ; that, To prevent •
"I.
• --v5,...
On ito be bad at 39, Al mistakris.be cautions, tad ,al bemarl
t..
04 Auto
and
„,_,, e.street, Piccadilly, on
" Muth !,street, Piccadilly,
I .

THE °REG ,IsT QUESTIoN.
(From th, noses )
Our celonans of Neieday contained, and were almost
monopolierd by, the pro ix and interesting, but not emits-
ing correspondence carried on during the last twelve-
month betveeen our Minister to the United States and
the two for.,ign Ministers of the Republic, Messrs. Cal-
houn and But-herein. Without at all professing to dis-
sect these State papers with the accuracy and minute
criticism e hich their itepertanee deserves, we may yet
lay before our readers a summary of the more salient
points which this voluminous correspondence presents.
The first letter of the American Minister, Mr. Cal-
houn, dated September 3, 1844, commences rather omi-
:—
" The undereiened declines the proposal of the Bri-
tish Plenipotentiary, on the ground that it would have
the effect of restricting the possessions of the United
States to li nits far more circumscribed than their
claims clearly entitle them to. It proposes to limit
their northern boundary by a line drawn from the
Rocky Mountains, alone; the 49th parallel of latitude
to the north-easternmost branch of the Columbia river,
and thence down the middle of that river to the sea,
giving to Great Britain all the country north, and to
the United States all south of that line, except
a detached territory extending on the Pacific,
and the Straits of Fuca from Bulfinch's Harbour to
Hood's Canal. To which it is proposed, in addition, to
make free to the United States any port which the
United States Government might desire, either on the
mainland or on Vancouver's 'eland, south of latitude 49
degrees."
Ills successor, Mr. Buchanan, concludes Hs letter of
the 12th of July, 1845, by proposing to the British Go-
vernment, in the name of the President, that
" The Oregon territory shill be divided between the
two countries by the 49th parallel of north latitude
from the Rocky Mountains to the Pacific Ocean ; offer-
ing, at the same time, to make free to Great Britain any
port or ports on Vancouver's Island, south of this pa-
rallel, which the British Government may desire."
It will appear, therefore, on reference being made to
the map, that the representative of the American
Government claimed for his country all the district be
tween the 49th degree of north latitude, including the
Columbia River and the land on each side of it, and ex
elusively only of such port or ports on Vancouver's Island
as we might wish to retain, south of this line ; whilst,
on the other hand, our Minister claimer, on our behalf
all the territory that lies to the north and north-west
of a line continue dl from the present boundary in the
parallel 49 degrees to the north- east poiet of the Co-
umbia, and drawn through that river to the sea, with the
reservation of a coast district in !avow of America. A
glance at the Map will show that the objectof both diplo-
matists was to ostain for their respective countries the
navigation of the Columbia and the possession of the ports
at its mouth. The former of these the American Mi-
nister claims for the United States exclusively ; whits+
ours was content to share both the benefits of its naviga
tion and the possession of its banks on 'equal terms with
the counter-claimant. But the terms proposed pleas:cc:
neither party. Mr. Pakeni em expressed a hope thet the
American Government would be " prepared to offer some
further proposal for the 'settlement of the Oregon ques
tion more consistent with fairness and with the rea-
sunatile expectations of. the British Government.''
And Mr. Buchanan replied to this in a letter which
concludes the published correspondence, by withdrawing
the proposition previously made by the United States
Government to Great Britain. Such is the aspect, a,
yet revealed, of our diplomatic relations with the Ameri-
can republic. It is one which presents difficulties, but
not such difficulties as can only be cut by the sword.
The correspondence which has taken place, while it re-
flects great credit on the talent, is no less creditable e,
the temper, of those who have conducted it; and though
e might be disposed to carp at some of the verbs'
sophisms and special pleadings employed by Mr. Buchanan,
we are more inclined to praise the unbluster
ing and dignified tone which distinguishes both
his and his predecessor's communications. The
rights on which • rest the claims advanced by
the Ministers of the two nations are threefold ; viz .
those of discovery, occupation, and the transmissiem
of Spanish rights. England claims the valley of the
Columbia River, and the coast to the south o
Vancouver's Island, on the authority of disco-
veries by Cooke, Vancouver, and Mackenzie ; ou
the authority of the Nootka Sound Convention it,
1790 with Spain ; and of settlements effected and
maintained at different ti mes by British subjects. The
United States claim the territory on the ground of dis-
coveries made by her citizens Gray, Kendrick, &c.; of
the cession made by Spain in 1819 ; and of occupation
and settlements previously, as well- as afterwards,
t ffectrd by American traders. It will be obvious that
the right of sovereignty which attends discovery, unless,
backed by some decisive measures on the part of the
Government by whom or by whose subjects the disco-
very is made, is worth very little. Did the rule prevail
that every nation was entitled in perpetuity to the sove-
reignti of any territory discovered and claimed by any of
its s übjects, without any immediate act on the part of it,
Executive to enforce such claim, the tenure of most colonial
dependenciesat the presentday would be one of very equi-
vocal legality ; and, indeed, there is so much obscurity
and doubt hanging over the history of all territorial
discoveries, that it would be difficult to suggest a worst
title than that which is conferred by the assertion of
a claim, unsupported by any evidence of confir-
mation by the Government in whose behalf it is repre
seated to have been made. In the present in-
stance the honours of discovery appear to be
due to a .Spanish navigator of the 17th cen.
tury, Juan de: Fuca, who has given his name to the
strait that separates Vancouver's Island from the main-
land. Nor is a much better title afforded by mere oc-
cupancy unprotected by the home Government of r
state, an unrecognised by foreign nations. The question
of right is thus narrowed to the consideration of the
original proprietorship, and subsequent alienation. The
American Ministers assert, not only the valley of the
Columbia, but the whole of the Oregon territory—and
territory as far as the 52d degree of north latitude—be
longed to Spain, and was by Spain transferred to the
United States at the treaty of Florida in 1819. They
say that they have a title not only to the valley drained
by the Columbia, but also to the whole of the
Oregon ; and they take credit to themselves
fer evincing no small moderation in proposing the
parallel of the 49th degree as a boundary line. The
question, therefore, arises, which is the better claim ;
that which is founded on the treaty by Spain with Eng-
land in 1790, or that which rests on the Florida treaty
with the United States in 1819 ? By the former Spair
agreed to give indemnity to British subjects dispossessed
of their settlements about Nootka Sound, and to gua-
rantee the same liberty of access to the citizens of both
nations, "as well in those parts which were to be re
stored to British subjects," as in the other part of North
America, which then belonged to Spain. By the latter
she ceded all her authority and jurisdiction over her
provinces in North America to the United States.
Now, when it is recollected that in 1789, Spain
abandoned her settlements in Nootka Sound, and
that from this time she appears to have ne-
glected this portion of her col finial empire alto.
get her, it seems a very questionable doctrine to hot,
that any treaty made 30 years afterwards could trans-
fer to anothe r nation possessions left, and recognised as
left, in the hands of Englishmen. The only parties te
the treaty of 1790 were England and Spain. The
country which was the subject of the treaty was after-
wards abandoned by Spain. The parties expressly men-
tioned in the treaty as to be " indemnified - and " re-
stored " were English. It seems difficult to avoid one of
two conclusions on premises like these, viz., that the
property and possession of this district were virtually
ceded to England, or that Spain and England were to
hold it on terms of joint occupancy. In the former case
Spain could have no right whatsoever to transfer it
by a treaty made 30 years afterviards • in the other
she could only surrender the moiety of her posses-
sions and rights which she shared with England.
In neither case can the United States claim the exclu
sive sovereignty of the Oregon territory. But we are
aware that it is not the equity of a title which is alone
allowed to determine questions of this kind. The inte-
rests of' the litigant parties form an important element
in the materials for the deliberation of diplomatist. It
is foe the advantage of the two 'countries that the dis-
pute should be speedily settled; it is for the advantage
of the whole civilised world that it should -be settled
amicably. It would be monstrous that two nations
which have for twenty or thirty years been enjoying
this vast territory on terms of joint occupancy,
should now proceed to a violent and sanguinary ter-
mination of their several claims: It would be mon-
strous that claims virtually disallowed by the hitherto
existing conditions of settlement should now be
set up to deprive British settlers of some of the chief
advantages which they have heretofore possessed in
security. If Great Britain had no right to any portion
of the Oregon territory, or if the occupation of the
Columbia valley was an invasion, how comes it that the
United States Government did not remonstrate long
ago ? Why were Englishmen allowed to settle at all in
the Oregon ? How came they there at first ? The
answer is plain. There could have been no exclusive
right avowed on the part of the United States to the
possession of this district at the period of their first
settlement. There is nothing of the kind pretended to
in this correspondence. The whole country was prob-
ably regarded as open to the colonists of every nation.
Afterwards, the treaty of Florida was pronounced
or pretended to have ceded the entire government of
it to the United States. But the very Pliny pursued by
them shows that they felt the difficulty of acting upon
such a title. And, if there were difficulties then in the
way of an exclusive claim, there are no less difficulties
sow, when the numbers of the settlers have been in-
creased and their relations complicated by time. It
must be a matter of arrangement. Each of the two
nations has enjoyed the full advantages of the district,
in respect of rivers and harbours.
It would he unjust
to make such a parsition as would take from the subjects
of either state privileges to which they have be en accus-
tomed. Great Britain proposes to c'iyide the use of the
Columbia River with America. Why should the latter
reject this ( ffer ? The subjects of Great Britain have
hitherto enjoyed this privilege in common with American
citizens. It would be carrying concession to the verge of
servility were the English Government to assent to such
a deprivtttion without obtainieg ome compensatory
benefit ; and Why did the American Government reject
t
the proposal of subiro writ;he question to arbitration ?
The English Govertre:nt has no other desire on this
subject but that which inspires the English people to act
in the spirit of fairness and of peace. It covets no ex-
tension of empire ; it seeks no unjust aggrandizement ;
it earnestly deprecates the notion of hostilities between
two kindred nations, but as earnestly revolts from the
idea of neglecting a few helpless subjects in a remote
and unprotected district, or of submitting to any sacri-
fice incompatible with the national honour. It, there-
fore, would willingly confide) the decision of its claims
and the definition of its rights to any impartial arbiter,
if it should be found impracticable to arrive at a satis.
"torY oettlevaent by zogotißtiq.