Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-05-13

who possess their sources can have n
right TO divert their currents into other
channels. If this doctrine be abandoned,
m other can be substituted in its place
whichis founded on the principles of JUS
tice. Power may trempIe on this, as it
has done on all other rights, and weak.
ness may sink under the usurpation: but
no successful exercise of lawless power
can conirayene the unal,erable rules of
rectitude.-The waters of the Mobile
pass through the territory of the United
States from north to south for space Of
at least 200 miles.-Shall Spain, who
holds not 80 miles on its banks, say that
this river was created for her alone!
Were we, through d.fident distrust of
our own conceptions of natural Justice,
aoliciteus 10 forlify our cause With The
opinions of others, We could easily quote
in our favor the decisions of writer on
the law of nations, whose opinions have
always been treated with respect in SINH
lar controversies But we feel satisfied
in resting our cause on an appeal TO that
law OF rectitude which is written on The
heart of every man by the finger of his
makeT. Nor iei II be said. that oppressi-
ons similar to. those which are exercised
on US were formerly practised on our
western fe!!ow-citizens, that formaltrea.
ty with the king of Spain was necessary
10 confer on the people of The u. States
right 10 naTigaie the Mississippi, and
that they acquired by an acl Of grace from
his catholic majesty privilege TO which
nature had given them no title. The idea
IS false (: the doctrine is alike groundless
! and disgraceIul to the United States.
mere is no clause in the treaty alluded 10
|. which admits the rights Of The king. of
opain TO nonopol!ze the use Of The Mis-.
sissippi river. The spirit of the treaty
| presumes collateral right ON The part If
The United S;atcs--and Inc o,.ly exnrese
provisions contained on the subject are,
that similar right shall not be assumed
by other nations, and that i, shall be rem.
dered practically useful 10 the United
States, by their hasi6g place of depuslt
within the donllnions cf,hc king of Spain.
! he mere right OF navigation ON the Mo.
bile and Mississippi remained The same.
therefore, npder the treaty. The Tmt.d
States did not degn TO accept IN either
Case from The iayor OF the king of Spa;n.
hut fl''esAa'f7ss ah2t they Possessed il under
! Inc ia~ OF hai'ons procured the es:sb,i. h.
ment oi regulations, which though need
less oi, the S1o5EIe, were on the M;ss;s.
! spPi absolutely ascessarY for RENDERING
The right oi osVigaiion productive nj its
inn advantage to the people ofAmerica.
Is circumsiaace not little sureriz.
ing hat The different Spanish agents in
| this country, dissvow the charge of hay.
ing been originally thecsuse ofour being
buflhened With duties at Mobile. When
IN October last Governor Claiborne vim
| patriotic zeal for our interests, applied
to the intendant Morales for sus pension
of the order; Morales, as we have hen
informed, replied that he was en,ireIv
WITHOUT information in The case referred
70, that his order concerning Tie siissis-
slppI, was entirely uncoUDe6ted with the
navigation of the river 1'ombiebee. and
could not have been the basis of tbe pro.
ceedings at the Mobile that The ar.
engagements mus, have been made bv
Governor Feicb--:but when re;ns,a,ed IN
the exercise of his office, he would as far
as should be compatible With his duties
comply with the desires of Governor Clai.
borne,
On ;he other hand when Gov. FoIcb
was appiicd 70 about the same time he
as we have reason to believe, assured The ,
GoTerhoF oil Oisons, that the duty of -
pes cent. was established when he look
possession Of the government--tbat IN.
oieef iof ih's pnFpose had BEEN issued by
laofaies, and had been approved by the
kir,:.
Nor is there any foundation for ibs
pretence thai she exaGion was sapeljon.
ed by principles of reciprocity. en- the
ground Nat similar duties were demand
ed OF spanish subjects passing up and
down the Mississippi. No such cae ex.
's's; no Spanish vessel ever has been
stopped en- IT'S passage between Baton
Rouge and the ocean, nor is the cole Cor
OF the port Of New.O leans authorised IN
demand duties on goods aboard Spsn;sh
vessels really and bona tide destint d, for
that settlement.
When Governor Fo!oh in Novenber
last, assured Governor Claiborne, t,,atfbe
order Tor the collection OF duties at Mo
bile should be suspended provided tbat
Spanish vessels we're subject TO no Ce,sn.
iion or payment Of duties at New Orleans.
H.