Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1846-02-04

seO ACftbVty W OFCSOUI uH~ "'~ ~'1
Of the United States. IN the eUcmt OF
future to settle their respective claims
GmicGbly.
THE FACTS ARE
LIST. Spain had, by virtue OF prior DISCO
very, the right, under the Law OF Nations
as adopted and applied in the appropriation
of this continent by the countries OF Eu-
rome. to trade with the people of, and TO
make settlements in, this country (Oregon).
odlv. By convention between the sub
;ects Of the two countries, (Spain and
England,) the right was ceded to England
and TO English subject to trade with the
people of that country; and, as conse-
ouent thereon, TO establish trading posts,
and to maintain forts and soldiers necessa-
~ to protect them in the free and unre-
stricted enjoyment of their right of ira
ding, as separate and distinct from right
10 the soil, or to make settlements in The
country, only 10 the extent necessary to
the free and full enjoyment of their right
Of trading.
SdIy. This convention was impledg
ratified, if not expressly, by the Govern
mems of England; for the subjects of
each did, and continued to, act under it,
And the subjects OF England acquired vest.
ed rights under the convention.
4ihly. Some seven () years thereafter
a war broke out between England and
Spain.
5thly Spain never did, by force or 9TH
erwise, divest the rights of England which
had been vested before the war; but the
subjects Of England continued to exercise
and enjoy these (ther rights after the re.
storalion of peace.
6thly. Spain subsequently OS19-30
years afier) coded to the United States, all
her rights, titles and interests in and TO the
Territory of Oregon.
By the law of nations,
LIST. All treaties and conventions be-
tween States are abragated and made void
by the declaration of war.
IDLY. Vested rights, acquired under a
treaty Oh. convention, are not Invested by a
mere declaration or state of war, unless
seized upon by force of arms byright of
conquest; and, until so seized upon and di.
vested, the rights that are vested remain as
perfect and entire as if no war had occur
red: e. 2. Were the u. S. to purchase, by
treaty or convention, the CALIFORNIA; from
Mexico, the occurrence of war between
the u. S. and Mexico would not divest
the u. S. of the title to California and revest
it in Mexico, unless she (Mexico) should
re:conquer The country and seize upon it by
force of arms.
3dly. By the law Of nations, as by the
municipal law, party cannot convey title
except subject TO all legal claims, and in
terests theron.
Therefore
Spain aliened the territory of Oregon
10 US, subject to the vested claims OF Eng
land. These claims having never teen
Invested, are still valid and in full force.
The English claim consists then in the
right of free trade to that country and
with the inhabitants there; and TO erect
and maintain trading posts, and the forts,
military arsenals and soldiers necessary to
protect them in the free and rightfu en-.
ioyment thereof; and does not extendsto
the making of Elements, or acquiring
titles to land or territory by British sub.
jects for any other purpose or purposes
whatever. The American claim is to the
whole territory, subject to the British right
of trade.
AS incident to her right of trade, Eng
land possesses the right 10 extend and
exercise the protection and sanction of her
laws over her subjects residing in SAID
territory. The United States Of course
possess a similar right, by virtue of her
sovereignty over the territory. Thus, as
the matter now stands, will two iurisdic-
tons, entirely independent of each other,
exist in the Territory.
This state of things cannot possibly ex-
ist, when the country shall have become
setted; indeed it is already burthensome
to the settlers. Two Jurisdictions can ne.
yer be exercised in the same country, with
ont leading To war. A war thus origina-
ting, after the subjects Of each have con
tracfed the most sacred social ties to each
other, would partake of all the horrors OF
a civil war; and the parties having the
power are bound in duty and morality, to
prevent such calamity, even should, in
the event of all other fair means failing, a
present appeal TO arms be necessary.
The means to be resorted to before war,
are barter and purchase with money
The terms ON which we offer to barter, Ia
cession of the entire sovereignty north of
40 deg. in consideration of the relinquish-
ment on the part of England, Of her right
TO trade south Of that line,) are as liberal
as morality can require, or proper regard
for our own interests will allow. TO pur.
chase with money is not in our power; and
if England still reject our offer of barter,