The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1843-10-21

| belonged 70 noDouy, the discovery and
taking possession conferred The right OF
sovereignty; but if they previously be-.
longed to anybody, the entry upon them
TO trade or traffic was tor,uous, and no
right of any kind was thereby acquir-
ed.
Nor is the condition of such tres passers
at all improved by any labor they may
perform upon the lands, as MIR. PITTS Ian
suage would seem to imply. On the CON
trary, each new &C. pc, formed on the soil
rs a continuation of the lrespass;and is BY
the law referred back 10 the torluous entry
SO tina. these English inlruders were no,
only trespsssers al initio, but ad metas.
But perhaps it may be said that Mr. PITT
qualified the rights of these independ-
ent navlgators to lands Heretofore unap
propriated. If 40, il becomes necessary
to inquire what was mean. by 'unappro-
prIaled."
1t not being a legal term, its meaning
must be sought for IN ordinary dictionaries.
To appropriate" is to ''cla,m," (Mil,on;)
ITO consign 10 some use," (Hooker
Now, the Spaniards had claimed Noo.ka
Sound; It was not, therefore, "unappro-
priaed They had also assigned i, to
some use.viz, to the use of themselves
and their countrymen. If Mr. PITT meant
by it being "unappropris.ed," that NJ
settlement had been made thereon, then
the question recurs, whether a title to
sovereignty, by virtue of prior discovery,
can be lost by any delay of settlement.
short of presumption that the tile was a
bandoned. And upon tins question, the
conduct OF Eng land in regard to The Falk-
land Islands and the Province of Ne W
York, would seem to preclude the neces-
sily of present discussion
When Mr.. FiIzherbert arrived at MadriI
| & the Spanlards insisted upon their right
to n ooska Sound, as pari OF Oregon, which
they had first discovered and taken pos
session of he reiterated the sophistrv of
Mr.. Pitt. "Whasver is common, (said This
Ambassador,) belongs to the first occu
pier" The Spaniards answered. that was
once common, ceased to be so, and became
erclusiue property by prior discovery
and taking of possession. "Everv nalioG,
(said the Ambassador,) has right to APP
propria.e whatever it can acqire, wilhou,
'resprssingupon ,heprepious appropriation
Of others" Ergo, the British had righ,
to seize upon NooIka Sound, which had
been previously appropli,ed! This was
The diplomatic logic! II is marvellous how
such conclusion could ever have been
allowed; but tn English historian, B,sse.t,
explains it. This language, (he says,)
of Lriush justice demanding wha, British
porer could 80 easily enforce from any
aggressor that dared TO provoke its ven
geance. was (as well it nigh, be) consid
cred naughty and menacing" by the Span.
iards. But Great Britain had 1853 ships Of
The line, with which Spain was unable to
contend, and France, to HON she applied
was unable to afford her any assistance.
Thus she Spsniards were delrauded and
rodded OF their rights. Sand (says the
hlstorian) other powers were laugh, that
British subjects (even whel. acting as tres
passers) were not to be moles.ed with
impunily."
From all which it is obvious tina, Grea,
Britain never had any title to the sover-
eigny Of Oregon by right of prior disco
very. That she never had any by ces.ion
from The SPaniaIds ill be equally appar-
ent TO any unprejudiced person who will
examine the subject. All thai she demanded
OF Spain was va righ cfiraG: and trade;"
and that she obtained no more, is
proved not only by the words of
the cesslon itself, (Which appears 10 have
very carefully drawn, with the view of
excluding Ihereir"m all subsequent infer
ence that CHI OF sovereignty was there
in con.ained,) bu. also, FIR. M the acknow-
ledgmen. OF Mr.. Fox, in the British Par
lament, when this Treaty of Cession was
under consideration, that nothing had been
acquired, and the congraluIalory vote of
The House ofC"mmons that ian adequate
PREPARATION hsd been provided for the ri
Glance which was committed at Nootka,
and The security to lis Majesty's subjects
OF the exercise Of their navigation, COM
merce and fisheries, in those parts of the
world which were the subjects of discus
sion"
But, four,hly. The Uniled States hes
a title to Oregon Territory by virtue of her
own discoveries and settlement.
1t is well known principle of The Law
of Nations, in regard to discovery, thai
the nation who discovers the mouth of
river is entitled to the sovereignty to all
the land which is watered by such river,
its tributaries and head waters
In 1853, Mr. De La Lalle, Frenchman |
naviga,ed the Mississippi river from Can
ada to it's mouth. In virtue whereof, |
France claimed the sovereignty to Louis
lana, on both sides OF the river, from the
Gulf of Mexico to the 49o of latitude
And this title Of France was acknowledge
ed by Great Britain. in the Treaty oil
Utrecht, of Versailles, in 1868.
In l792,Captaln GRAY, of the American