Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1811-01-25
Whole No. COS.

principles of Justice, upon the principles OF
the common law and common sense, an in
strument thus obtained is not obligatory on
the party executing it.
But have the people Of Spain acquiesced ?
No, sir the instant publicity was given to
the transaction they became indignant, and
with one voice rose, resolved to resist this
usurpation. To this hour thsy have not sub
mitted.
But the gentleman has said that Spain isno
longer able to hold Florida that foreign
emissaries viii take it if the u. States do not.
and that it may be lawfully taken by the II.
States on the ground of the law Of occupancy.
That title may be acquired by occupancy
is not to be doubted. 1t 10 the mode bv
which title to property was originally acquir.
ed ; but TO obtain q title in this way the
country must be vacant uninhabited ana
NOT claimed by another proprietor. But in
this instance Is the territory vacant-or unin-
habited--or abandoned by its proprietors.
No sir-The territory is either in the pos
session of Spain and claimed by her, or of
the reyolutionists, and If either be in posses
sion blythe law Of cccupancy,yo have no right
to disturb them-Clearly then, sir, upon the
principles and admissions of the honorable
gentleman from Vermont the United States
nave no Title 10 rloriua.
And now sir, with the indulgence of the
Senate, / will proceed to consider as briefly
as possible the nature Of this title as derived
under the treaty of st. Ildefonso. Here, it
will be granted, meet the question fairly.
This, | presume, is the title relied upon, as
we'll by the Executive, as the supporters Of
this BILL
In order fully to understand this subject.
L n to rt % a .o,,, s-+~ ST y
cause of the war of 1856. The eastern boun-
Diary of Louisiana, | believe was the chief
cause of that war. The French were in pos.
session of the Mississippi, and claimed al
part Of Louisiana, not only the country to
the west of that river, but east as far as the
Allegheny mountain. France having this
claim and being in possession of Canada
conceived the project of limiting Louisian,
with Canada. To accomplish her purpos.
she established a line of posts from the Lake
to the Ohio, and commenced encroachment
upon the then British colonies. These en-
c~roachments she was pressing SO far tina
Great Britain perceived IL would be necessa
T ry to repel them. This brot on the war 9
'56, which, after q bloody conflict Of sever
: years, terminated disastrously to France ant
her allies, and resulted in the establishment
of the Mississippi, the Iberville and tn,
lakes Maurepas and Pontchartrain, as tn,
boundary Of Louisiana, giving to Great-Bri
tain all the territory on the east of that boun
Diary except the island and town ofN. Orleans
and to France all upon the west including
the island and town of New-O Orleans.
A more particular examination of the re-
suits of this war is important. BY 1t France
lost Canada and most of her West India is
lands. Spain, the ally of France lost Cuba.
BY the preliminary articles of peace between
Great Britain, France and Spain, signed at
Fontainbleau, and dated the Sd November,
l762, France renounced all pretcnsions to
Nova Scotia, and coded and guaranteed to
his Britannica majesty, in full right, Canada,
with all it's dependencies. The 9th article stipu-
lates, /" In order to re-establish peace on the
most solid and lasting foundations and to re-
move eDerg subject of dispute, with regard
to the limits of the British and French ter
~ritories on the continent of North America:
it is agreed that for the future, the confines
between the dominions of his Britannica ma
jesty and those OF his most christian majesty,
French King) in that part of the world, shall
be irrecoUerabJy fixed by a line drawn along
the middle Of the riper MississippiJ from sts
source, as far as the rirer IberUSHe, and
from thence by a line drawn along the mid
ne OF CRsS racer, uHu W IHe tuAes 1nuuTeP0s
and Pontch ortrain to the sea and to this
purpose, the most christian king cedes in full
right, and guarantees to his Britannica ma
jesty, the riUer and port Of Mobile, nov
West Florida) and every thing that he pos
sesses, or ought to have possessed on the left
(east side of the river Mississippi, ercept the
torn of NeU- Orleans, and The Island on
aohach at is situated, achich shall rem to
Fr0uee Rv the 18th ART. Great Britain re-
stores to Spain all that she had conquered in
the island Of Cuba with the fortress Of Fla
vana. In consequence of which his Catholic
majesty king of SPAIN by the 18th art.
:" cedes and guarantees in full right, to his
D.stanu.o- raainstr all hat 2nain nc.socras