Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1846-04-15

the honsc, in the while course Of the
debate, that the Mo ka Sound Cunven>
ton conferred certain rights on Great
Britain tha, she did not before possess,
and that she received it aud entered into
il with that construction. Now, my
opinion is, that the sentiment expressed
by Mr.. Fox on that subject is the true
one. Great Britain deliberately and
intentionally limited her rights. Previ-
Gus lu hat convenion-as she always
believed, and as | snail proceed to sh"w
she rgh!Iully beirved-she had an un>
questionable right TO make settlements
in lhi. country precisely on the same
footing will the SpaniArds. IfI do not
show Ly the law oi nations, as IL "x.sts
in all the authorities, without doub, or
question, that Grral Britain, and the
United States: aud France, aud Russia
had the same right 10 make settlements
at Nootka sound, | will abandon the
question. | have TO regret, Mr. Presi-
dent, that in the discussion Of this sub.
i"ct all those who have participated in
il have seemed to rely upon the author,
itl OF their own assertions and even
where they could be sustained by di-
rec, appeal 30 the unequivocal provis-
ions OF the law Of nations as universally
recognised, shey appear 10 have prefer.
red the annuncatiun OF then own opin
ions. have. taken the trouble 10 bring
a few books here for the mere purpusr
Of quoting few sentences which will,
| think, be perfectly conclusive on 'his
question:. What assert then, and what
the British have always contended Tor
from 1870, IN all their negotiations is,
that discovery, however ancient, gives
no title al all, unless followed by settle
nlent. Now, appeal 10 my friends on
this side Of tn. hous one aud al5-'nd
lei me remind them that we all have a
solemn duty 10 perform in endeavoring
to ascertain !lle t. uih of tlIis question =
| ask th"n, TO consult the authorities, Gil!
thy have not done so, bet have no
dnubt they have, AID stale, if they can,
thai there is one solitary writer on the
law Of nations WHO has ever maintained
that discovery without settlement, and
possession gives any title at all? Thai
this may no, rest merely on my asser.
ton, allow me to read The only extract
which shall quote, from an author Of
unqursliouabIe authority and universally
referred TO in questions Of this sort. |
will ask the secretary to read ii, as il is
sont what le"glhehrd. The SECRETARY
read as follows from Vaitel. chap. xyiil:
"All mankind have an equal RICH Il,
things that lave not YET fallen Into he
possession Of any, -one; and those things
belong to the person who first takes
possession of them. Wnen, therefore,
nation finds country uninhabited,
and without ain owner, it may lawfully
take possession Of 1t; aud after It has
sufficiently made known its will in this
resprcr, il cannot be deprived of it by
anDt,er nation. Thus; navigalo's going
Oh voyages of discovery, furnished with
commission irnn, their sovereign, and
M. cling with i,lands or other lands in d
desert state, have taken possession OF
them in The name Of their nation; and
this title has been USUALLY y respected, pro.
vded l. was soon after followed by
real possession.
But it is Questioned whether nation
can, by the bare act of taking posses
sion, appropriate TO itself countries
which it does not really occupy, and
thus engross much greater extent of
territory than it is abl' 10 people or cul-
livd,e. II is not diffiHuit to determine
thai such,a pretenslcn would be an b.
sulute Infringement Of the natural rights
of men, and repugnant 10 The views OF
nature. which, having destined The whole
earth 10 supply the wants of mankind in
general, gives no nation right 10 ap-
propriale to itself country, except for
the purpose Of making use of it, and
not oil hlnderlng others from deriving
advantage from it. The law ofnaiions,
will, therefore, moi acknowletge the
property and sovereignty OF nation
over any uninhabi,ed countries, except
those of which it has really taken actual
possession, in which it has formed set
Elements, or Of which it makes actual
use In effect, when navigators have
met with desert countries IN which those
OF other nations had 10 their transient
visits, erected some monument to show
their having taken possession of them,
they have paid as little regard to that
empty ceremony, as 10 The regulation
of the Pepes, who divided great par,
of the world between the crowns Of