The Ripley advertiser. [volume] (Ripley, Miss.) 1843-1897, 1846-02-07
THE FACTS ARE

claims amieably.
THE FACTS ARE
lst. Spain had, by virtue of prior discovery
the righ', under he Law o. Nations, as adop' e.
and sp1i'd N tho appropriation Of his cont
nent by the countries of turope, to trade with
the people of, and to make settlements in ,hi,
counlry, <Otcgon)
2ily. By convention between su'jacis OF the
two countries, (Span and Engand,) the rgh
was ceded to England and to EOylish subj eta tt
trade with the people Of that country; and, a,
consequent thereon, to establish trading post.
and MAINTAIN forts and soldiers necessary TO pro
tect them in the free aid unrestricted enjoy
men, of their right of trading, as separate anc
distinct from right to the soil, or to make set
tlemen's in the country, only to the extent nee.
essary 10 the free and full enjoyment Of their
right Of trading.
Billy. This convention ~.s implicitly ratified,
II not expressly, by the Governments of Spain
and England; FOR the su' jet. Of each did, and
continued to- &C, under 1t. Aad tie subjects Of
England acquired vested right, under the con.
vention.
Ably Some seven y years thereafter war
broke out between Spain and England.
SHY. Spain never did, by force or otherwise
divest the rights of England which had been
vested before the war; but the subjects of Eng.
land continued to exercise and er 10y these (their
righ,s) after the restoration Of peace.
6hly. Spain subsequently, Oslo 80 years
ater,) cede to the United States, all her rights,
titles and interests ~ an ia the Territory of
Oregon.
BY the lsw Of nations
LIST. All treaties and conventions between
States are abrogated and made void ~ the ex.
is,ence or declaration OF war.
| 21ly. Vested righs, acquired under treaty
or convention, are not Invested by mere de.
claraion or state OF war, unless sized upon by
force of arms by rght Of conquest; aud, until 50
seiz I'd upon and Invested, the rights tn t are
vested remain as perfect and entire as hough
no war had occurred-c, G. Were The U. 5. to
purchase, bv treaty or convention, the Califor-
MAS from Mexico, the occurrence of war be-
tween the U. Sta'es and YeScc would not di,
vest the u. States OF the title 10 California and
revest it in Mexico, unless che (Aexico) should
conquer the country aud seizs upon it by force
OF arms.
3rdly. By the law of nations, as by the mu-
nicipsl law, party cannot convey title, except
subject to all legal and equitable claims, rights
and interests thereon.
Therefore
| Spain aliened the territory Of Oregon to US,
subject to the vested claims Of England. These
claims, never having been Invested, are still valid
and in full force.
The English claim consists then in the right
of free trade 10 that country and with The IN
habitants there; and 10 erect and maintain ira!
ding posts, and the forte, military arsenals and
soldiers necessary to protect them IN the tree
and righ,ful enjoyment thereof; and does mol
extend to the making Of settlements, or acqn'r'
ing titles to land or territory by British subjects
for anv other purpose or purposes, whatever
The American claim 10 to the whole territory
subject 10 the British right OF trade.
As incident to her right Of trade, England
possesses the right TO extend and exercise tns
protection and sanction of her laws over hel
subjects residing in said territory. The Unltet
States of course possesses similar right, oJ
virtue of her sovereignty over the terrItorv.-
Thus. as the matter now stands, will two Jurls
dictions, entirely independent OF each other ex
list in the Territory.
THIS state Of thing, cannot possibly exist
when the country shall have become settled; IN
deed, il is already barthensome to the settlers
Two jurisdictions can never be exercised inde
nendent of each other in the same country, with
ont leading 10 war. A war thus originating, af
Tor the subjects have contracted The most ga
cred social ties with each other, would paf'ak
, of all the horrors Of civil war; and the parue
having the power are bound IN duty sno moran