Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1846-01-01

that he should not interfere with what
had previously cleared, bu. AZ to future
settlements, he should have the same right
to make them with myself, but we were
neither to intefere with any clearing or
settlement made by the other and all this
without any RESTITUTION as to the time
this agreement should continue or any res,
ervaton OF q right to put an end 10 bis oc-
cupancy, or to kick him off when be
come tired OF him: Whatever lawyers
might say ofmy never having parted with
any part of the fee simple title to The land,
or ITS beng IN sbeyance, cannot but
think. that plain folks would say, that A.
b., had some beneficial interest in the
property, which il might justly make the
subject Of barter and negotiation. Now
this is precisely the case Of the English
IN this territory, ,ns convention OF 1870
with Spain, having conceded TO her an
equal right with Spain herself TO make
settlements in any OF the unoccupled part
of this territory, without any Limitation as
TO number or time.
But it is said England and Spain were
afterwards at war, and war dissolyes all
contracts previously entered into. Sure.
| Iy Mr.. Buchanan has taken too wide
ground here. presume the true rule
8, that il dissolves all pre-existng trea.
ties, merely relating to commerce, oil
transient interests, but surely not those
where territorial interests have been es,ab
llshed; otherwise the Ashbur;on treaty
would be abr gated by war with Greal
Britain, and she nigh; even deny our in
dependence. Such principle would
break up the VIII le frame work OF socie.
~ on the continent OF Europe, where such
treaties have been Of such frequent &C
currence. can not but think therefore
that under this view, Grea: Britain ha,
some claims, almost amounting to rights
which are entitled TO some respect.
Now lie, US consider the Spanish claim
Soon after the discovery of the Western
World, the Pope. as the vicegerent of Hea.
ven, granted to Spain, this whole quarter d
the earth. THIS absurd grant OF splendid
munifcence. was never scquIssceJ in by
any power in Europe, Catholic or Protrs.
iant, but Spain. Portugal and Italy. Al
for this running claim Of Spain therefore
! shall dismiss It, ard let her title stand
on the Same footing with other nations,
VIZ: discovery, exploration, and settle.
ment within . reasonable time. The En-.
glish, French and other nations, in du.
time commenced their voyages Of dscov.
cry, exploration aud settlement; and to
preserve peace, some general laws were
understood TO prevail on the subject
One of these was, that :he discovery oil
.he mouth Of q river, foil Loved by expIo.
ra ion and settlement, conferred a RICH,
to tho whole country drained by il. Thus
France frs, discovered, explored and set.
tied the Mississippi, and claimed all the
country dra ned by ito branches, including
the OHIO. This would have stopped the
previously settled British Colonies at the
top of the Allegheny, and prevented them
from reaching their appropriate natural
boundary, the Ohio. We could not sub
NIT to be thus curtailed by our fair pro.
portions, and urged the parent govern.
men, TO aid US. In this negotiation it was
found necessary to insist on an exception
to the general rule. viz: that as our traders
had frs, explored the upper waters OF the
Ohio, and they were included W thin our
boundaries os granted by patents from
Gres, Britain, and also belongs to US by
the RICH, Of continuity tina, however val
id the French claim might be TO the other
waters of the Mississippi, the OHIO mus,
form On exception, and this principle was
not only supported to our satisfaction
in diplomacy, but established by our arms.
This clam founded on continuity, has
been so ably sustained by Mr.. Calhoun
that it would be presumption to add one
word on that subject. II is not surpriz ng
however if Great Britain. after having so
ably supported these principles of in terrier
ritoral discoveries, both by the pen and
sword, in our behalf when colonies, should
enormously suppose that she was entitled
to the benefit Of them in he: own case, even
against us. Now let US apply these prin-
cipIes TO her claims in Oregon.
think the evidence incontesiable that
we first discovered the mouth of the Co.
lumbla RIVER. and followed it up by the tx.
ploration Of the main river, (no part of
which runs as high as the 49th degree)
ard its Southern branches. Csndor com.
pels me to acknowledge however, that
British subjects first discovered and explo.
red the Northern branch, almost the whole
Of which is north of 49 degrees, and be-
lieve formed settlements thereon. I'm.
deubtedly TOO the celebrated British tour.
Ist Mckenzie, first discovered and explo
red for long distance, a large river, III
ding in the Russian Possessions, and run
ming south to within about 20 MINUTES OF
the 49,h deg. when i, enters INTO the Fu-
ca or Queen Chsrloites inlet, thus drain.
ing nine-tentbs OF the whole territory
north of 40; the mouth of which river
too was probably discovered by Vancou
yer, who certainly was the first TO give US
authentic Information that the great island
bearing his name was not a part of the
main land. Add to all this, tina, the En-.
gllsh had several settlements upon this RI
yer, and try the whole QUESTION. by The
principles, insisted on by ourselves, here on
our behalf against the French, in the war
Of 1868, and think there Is a case made
out, so similar to our own, as at least TO
excuInate Graaf Rrifain from the ch,ruaI