The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1843-02-15

| VII" 'hoh Soe0i THO oniy Iurtuer question
THE expediency Of the measure now pro
posed.
Mr.. Fl. proceeded to fix, not only the
more literal stipulations of the treaty, but
what, he thought, Senators had in some in
stances overlooked-its spirit and intention
He recited once more the terms of the con.
vention. Now, whether these had, for
theirEutmost meaning, but the force of a
commercial treaty, las the senator from N.
Hampshire heidi or whether it merely set.
ties mutual rights of trading to an unoccu
pied country, or whether, by still wider
construction, it contemplates common &,
joint occupation by both nations, the result
is still the same, that neither government
can exclude the citizens of the other from
anything which is there to enjoy.
Such was the principle which he held the
convention to fix. An exercise by either
government of the sovereign right oferant.
ing the lands would be incompatible with
that freedom and openness of the territory
to the citizens of both Powers which was
the capital object of the treaty. Such a
gift of lands the exercise of municipal
possession like this, was the highest act of
territorial sovereignty. Both parties could
not exercise it at once; and the citizens of
the one not exercising it mast be excIu.
ded. not only from what was stipulated as
OF free and open enjoyment to both, but
from the territory itself, unless upon mere
terms of sufferance and inferiority.
What was the declared object of the ar.
gument? To prevent disputes between the
citizens of either side. How could any
senator doubt, then, that the direct inten.
ton Of the treaty was, to permit neither
party to make grants of land! Could any
thing be more certain to create dissentions,
or to dispossess one of the parties!
The case Of our admission to free trade
with ArchangeI presented, be thought, but
slender analogies TO this. Russia. admit
ted us, upon specific privileges, to a mere
right of trade, without waving any part of
her territorial sovereignty. Here, on the
contrary, both parties must waive all such
sovereignty, in order that the country may
be enjoyed in common by both. This bill
expressly provides for exclusive territorial
rights; and, in putting them in practice,
must strip the British subject of all equal
enjoyment and all free access to the coun.
try.
Britain had been said to have already
done all that this bill proposes. Yet we
have received her formal disavowal of the
fact of having made grants of land. Hell
had little doubt, certainly, that she whose
wakeful and capable policy seldom missed
any advantage which could be seized upon
would be ready enough, as far as she could
with any regard to her national obligations
to bring about the settlement of the terri
tory by her subjects. But he saw no posi-
tive evidence of her having yet done any
thing, for this purpose, in contravention of
the treaty, and this being SO, the official
declaration of her agents was conclusive.
1t would be asked, if he then meant that
the Hudson Bay Company should be suf.
fered to go on until they entirely dspos-
sessed us! Certainly not. He did not
doubt that it was time to put stop to their
endorsements. But that should be done
in manner permitted by the convention.
We should give the notice stipulated in it.
of our intention to renounce it. That was
the only course left us without breach of
faith.