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

Summary analysis 81 We ctdtDts " LhS
land and of he United States 10 and IN
the Territory of Oregon; and The duty
of the United States. in the epem Of a.
future to settle their yespectire claims
amicabiy
THE FACTS ARE
lst. 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-
rope, to trade with the people Of and TO
make settlements in, this country (Oregon).
2dIy. By convention between the sub
iects Of the two countries, (Spain and
Eupland,) the right was ceded 10 England
and TO English subject to trade with the
people of that country; and, as conse-
auent thereon, TO establish trading posts,
and TO maintain forts and soldiers necessa-
nv 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 10 make settlements in the
country, only TO the extent necessary to
the free and full enjoyment Of their right
Of trading.
3dIy. This convention was impliedly
ratified, if not expressly, by the Govern.
menls of England; for The subjects of
each did, and continued to, act under it,
And the subjects of England acquired vest
cd rights under the convention.
4thly. Some seven (O years thereafter
war broke out between England and
Spain.
5thly. Spain never did, by force or 9th
erwise, dyest the rights of England which
had been vested before the war; but the
subjects Of England continued to exercise
and enjoy these Qheir righis) after the re-
storation of peace.
Chilly. Spain subsequently (lSl9-3O
wears afier) coded to the United States, all
her rights, titles and interests in and TO the
Territory of Oregon.
By the law of nations,
lst All treaties and conventions be-
tween States are abrogated and made void
by the declaration Of war.
2dly. Vested rights, acquired under a
treaty Of, 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 d.
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 a war between
the u. S. and Mexico would not dvest
the U. S. ofthe title TO California and reyes
tin Mexico, unless she (Mezico) should
re.conquer the country and seize upon II by
force of arms.
3dy. By the law Of nations, as by the
municipal law, party cannot convey title
except subject to all legal claims, and in
terests theron.
Spain aiened the territory of Oregon
10 us, subject to the vested claims Of Eng
land. These claims having never beer
divested, are still valid and in full force.
Il The English claim consists then in thu
right of free trade to that country AM
with the inhabitants there; and to cree
4 and maintain trading posts, and the forts
n military arsenals and soldiers necessary Il
II protect them in the free and righlful en-
n Ioyment thereof; and does not extend Il
n the making of settlements, or acqulrin!
n titles to land or territory by British sub
ects for any other purpose or purpose
n whatever. The American claim is TO tn
n whole territory, subject to the British RICH
/ Of trade.
HI As incident to her right Of trade, Eng
NJ land possesses the right to extend an
exercise the protection and sanction of he
III laws over her subjects residing in sal
territory. The United States of cours
possess similar right, by virtue Of he
sovereignty over the territory. Thus, a
III the matter now stands, will two jursdic
lions, entirely independent of each other
exist in the Territory.
This state of things cannot possibly eS
ist, when the country shall have becom
setied; indeed ii is already burthensom
to the settlers. Two Jurisdictions can ne
III yer be exercised in the same country, will
out leading to war. A war thus origint
ting, after the subjects Of each have COT
II tracted the most sacred social ties to eac
II ether, would partake of all the horrors
aciyil war; and the parties having tn
power are bound in duty and morality,
prevent such calamity, even should, |
the event Of all other fair means failing,
present appeal 10 arms be necessary.
The means to be resorted 10 before wa
are barter and purchase with money
n The terms on which we offer to barter,
cession of the entire sovereignty north
40 deg. in consideration OF the relinquIs
nent on the part Of England, of her rig
tOtrade south Of that line,) are as iber
asmorality canrequire, OF proper regal