Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1843-10-27

tha same who, BLACKSTONE tells Us, arc
"Hos,is humani generis;" 10 vulgsE lu0-
guags. Prates!' We had good'Y
numb,s OF these gentlemen lowering a.
bout our sssboard during our late strug'
gle with England But il seams lhsI
lhs.e .independent navigatots' have
.rights' Indeed! The law teaches that
there is no right without 9 correspond
ing duty; hence those who acknowledge
no duties can claim no rights To en-
Ii ioy rights and perform duties imp'iea
responsibilities, ('depsndsncs0 bu' hS
who is 'iudependeRl,' GrrespoDsIble,)
/ can know nei'hsr tbs one nor the olher-
But ths rgh,' ofthsse independent nav
/ igstors' il to lands! How were they
acouiredi BY prior discovery No.
| BY cessioni No. By cOOqueSt2 No.
The right Of these independent navlga-
tors was to land they could make thelr
own By occupancy and labor" 'oecd'
paocy is tho taking possession OF those
things which before belonged TO nobody
(Bsckuone But the occupancy oil
these independent naVigalors vas Tho
se,zing upou what before belonged TO
some body" ,Qaod nuilius est i'd rations
noturaii occupant concedaur,' Gays the
law Of nations \ but il would be ImPos-
lsible 90 10 translate this maxim aa 10
Justify the Englishman who tresPa'sed
on tho soil and right Of sovereignty
which the Spanard, had gained BY their
prior discovery OF Oregon.
No such subordns's or intsrlOcuiory
right OF trade and traffic upon ground to
which another has g right Of sovereign
ty is known 10 the law. II the land be-
fore belonged to nobody. the discovery
snd taking possession conferred the right
i, Of severe gnly; but # they previously
| belonged 10 any body. the entry upon
= them to trade OF traffic was tofluous.
:. and no right Of any kind was thereby
r acquired.
Norris the condition OF such trespaS-
, sers at all improved by any labor they
NAV perform upon the lands, as Me.
u Puts language would seem to imply.
,. On ihe contrary. each new act perform.
=, ed on the soil is a continuation OF The
trssspaVs, and is, By the law, referred
n hack 20 the tortuous entry, go that these
/, English iniruders were not on trsS-
pa.sssrs db initio, but dd melGs. But
:, perhaps it may be said that Mr.. Pit
a qualified Inc rights OF these inde pendent
70 navigs,ors 10 lands therefore uHdfPro'
90 pridhd. IT so. it becomes necessary 10
:. INQUIRE what was meant by 'unapproPri'
N sled.'
=. Itnot being a legal term, its meaning
must BE- sought for 10 ordinary dicliona'
- ries To appropriate is to claim
J. Milton TO consign TO some uIe,' (t1oo.
~ keel Now. the Spaniards had clIlmed
~ Noo,ka Sound; it was not, therefore, un
-, appropriated. They had also assigned
=, il 10 soma use. viz: 10 the use OF them
:. selves and thsir countrymen. II Mr.
bo Pin meant bv it being 'uDaPProPriaIed,
~ that no settlement had been made Ihera
or on. then the question recurs, whether
-, title 10 sovereignty, BY virtue OF prio
,on discovery, can be lost by any delay o
"a ~ settlement. short Of presumption tha
w. w. the title was abandoned. And upon thii
~ ~, question, the conduct OF England in 70
''o GARD 10 the Falklsud Islands and ih'
=. Province Of New York, would seem Il
';n % preclude the necessity Of present dla
r. cussion.
set When Mr.. Fizherbsrt arrived .
md Madrid, and the Spaniards insisted UpoI
I,e, their right 10 Noolka Sound, as part
the the Oregon, which they had first die
ors covered snd taken possession Of. he r.
aw itsrated tho sophistry Of Mr.. Pitt. =
ed Whatever is common. (said the ambsI
sador,l belongs 10 the first occup'er,
=. The Spanisrds answered what was ono
~ common ceased to be so, and becam
- erclusiUe property, by prior discover
90 and lakinp OF possession. Every naIlo
sad tho ambasssdor,) has Aright L
- appropriate whatever il can acquire
Nv Nv without trsspassng upon the previou
a ,Na npproprisrons Of others Ergo, tn
'as British bad a right TO seize upon Noolk'
- Sound, which had been previously sE
,.," 49, prupriatod! This was the diplomat
- logic! II is marvellous how such cot
clusion could ever have been allowed
Ioys but the English historian, Bisse,l, ex
'J 'h, plains ii. This Language (hs says.)
81 British justice demanding what Briti'
.G. power could so easily enforce from an
~ ~ aeVrossor that dared to provoke lie vel
'aan , eeauce, was Gas we'll i, might be,) cor
~ sidsred naughty and menacng' by III
~" o Spaniarda. But Great Britain hsd IL
" " ships ofths line. with which Spain VI
!" unable 10 contend; and France. 10 who
w, W she applied was unable to sfford he
any assistance. Thus the Spanlart
w. ~. were dsfrsudsd and robbed OF the
NC I rights, 'And (ssys The hislorian.) oihe
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