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

which another has right Of sovereignty
is known TO the law. If the land before
belonged to nobody, the discovery and
taking possession conferred the right Of
sovereignty; but if they previously be-
longed 10 anybody, the entry upon them
10 trade or Traffic was lorluous, and no
right, of any kind was thereby acquir-
ed.
Nor is the condition of such trespa
at all improved by any labor they may
perform upon the lands, as Mr.. Ptl's Ian
guage would seem to imply. On the con
.rary, each new act pc, formed on the soil
is a con,,nua.ion of the ,respass;and is by
the law referred back to the lor.uous entry
SO that these English in.ruders were NOT
only trespassers al initlo, but dd metds.
Bun perhaps i. may be said that Mr.. PITT
qualified the rights of these indspend
ent navIgaiors to lands Heretofore unap
propliaied. If 80, il becomes necessary
to inquire wha. was meant by "unappro-
prlaled."
II no. being legal term, its meaning
must be sought for IN ordinary dictionaries.
To Inappropriate" is to 'claIm," (Mlllon;)
40 consign to some use" (Hooker.)
Now, the Spaniards had claimed Nootka
Sound; it WAS not, therefore, "unappro-
pria cd" They had also assigned il to
some use,viz To the use of themselves
and their countrymen. If Mr. PIT. meant
by it being "unsppropria,ed," that M
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,
shor, of presumption that the title was a
bandoned. And upon this question, the
conduc, Of England in regard to The Falk-
land Islands aud the Province of New
York, would seem to preclude the neces-
sily of presen, discussion
When MIR. Fizherbert arrived al Madril
& the Spaniards insisted upon their right
to N oo,ka Sound, as part OF Oregon, which
they had first discovered and taken pos
session of he reiterated the sophislrv of
Mr.. Pitt. "Whalsver is common, said this
Ambassador belongs To the first occu
per" The Spaniart!s answered. that was
once comm on, cease to be SO, and became
erclusive proprrly by prior discovery
and lakIng of possession. "Everv nalior,
(said the Amhassador,) has right to ap-
propria,e whatever it can acqire, without
'resprssingupon theprepious appropriation
OF others" Ergo, the British had right
to seize upon Noolka Sound, which had
been previously approp'iled! This was
the diplomatic logic! 1t is marvellous how
such conclusion could ever have been
allowed; but the English historian, Bsse's,
explains IT, ~ his language, (he says
of Eritsh justice demanding wha, British
pomer could so tally enforce from any
aggressor that dared 10 provoke its ven
geance. was (as well ii might beg 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 whom she applied
was unable TO afiold her any assistance.
Thus the Spaniards were dellauded and
rodded OF their rights. sand (says lh'
hlslorian) other powers were taught that
British subjects (even When acting as Tres
passers) wire no, to be moesled with
impunily."
From all which it is obvious tina, Grea,
Britain never had any tile to the sover-
eignIy Of Oregon by right of prior disco
very. That she never had any by ces.ion
from The SPanialds will be equally appar
ent to any unprtjudiced person VIII" will
examine the subject. A Il tina, she demanded
OF Spain was "a right strait: and trade,''
proved no. only by the words of
the cession itself, (Which appears 10 have
very carefully drawn, with the view OF
exc luding lhereIr"m all subst quent mfer-
ence that a righl OF sovereignty was there
III contained but also, tr, nj the ackn"w =
Iedgmenl OF Mr.. Fox, in the British Par
lament. " hen this Treaty of Ctssinn was
under consider alton, tina nothing had been
required, and The congra ulalory vote nI
The House 81 Commons that "an 0dr quale
PREPARATION had been provided for the vi.
Oiunct whlch was committed al Nootka,
and the security to his Majes.y's subjects
ot 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 United States has
a title to Oregon Territory by virtue finer
own discoveries aid sel,lemen
1t is we'll known principle of The Law
of Nations, in regard /" discovery, that
the nation who discovers the mouth Of Il
river is entitled to the sovereignty to all
the land which is walered by such river,
its tributaries and head waters
In 1858, Mr.. De La LaIle, Frenchman
naviga.ed the Mississippi river from Can
ada to it's month. IN virtue whereof,
France claimed The sovereignty to Louis