The constitutional union., 1861-01-25
From The New Orleans Picayune. NA VIGATION OF THE MISSISSIPPI TREATY HISTORY

among Europeans. These began when the vast interior was an uninhabited wilderness, the banks of the great river itself had but few and scattered settlements, and Its whole commerce reached only few miles from the mouth, and amounted to few thousands of dollars. When these States were colonies of Great Britain, mere slip along the Atlantic coast, when all beyond the Alleghenies was unbroken forests, and the lower Mississippi, belonging to foreign powers, was dotted along the coast with few military posts, France, England and Spain, i'll view of the prospect i've grandeur Of the commerce of the great valley, were contending against each other for privileges in the river.
 By the peace of Paris concluded in l769, between Great Britain, France and Spain whereby the old French war, as it is known in our colonial history, was closed-Great Britain acquired, in addition to her original colonies, Canada from France and the flori- das from Spain. France retained and was confirmed in her dominion over Louisiana, which then included all the territory on the west bank of the Mississippi from its source, and the island of Orleans on the east bank of the river, which reached from the bayou lber- vile to the gulf France accordingly had possession of both banks of the r.ver from Ibervile down.
 By the treaty of 1763 the boundary be- tween Louisiana and the British possessions ran through the middle of the Mississippi river from its source to the mouth of the Iberville, thence through lakes Maurepas and Ponchartrain to the Gulf
 By that treaty it was agreed that the sub jects of Great Britain should have the right forever. of navigating the Mississippi from its source to the sea, and all its passages, in and out, < without being stopped, or molcsted, or subjected to the payment of any duty what soeyer."
 But France had, cotemporaneously with the negotiations which led to this treaty, made secret treaty, ceding to Spain the whole of Louisiana as 1t remained to her af- ter the treaty. Spain thereupon succeeded to the rights and obligations toward England including the stipulation for the perpetual free navigation of the Mississippi river,
 By the treaty of l7S3, the independence of the United States was acknowledged by Great Britain CotempOraneously y with ccs- sion of the Floridas to Spain, and the deln- ton of the 3lst degree of latitude as the northern boundary line of the Floridas from the Mississippi river eastward to the Chata- hoochee. The western boundary of the Uni ted States was defined as it had been in the treaty of 1763 with France, except that the southern point on the river was fixed to be at the intersection of the 3lst parallel instead of the mouths of the lberville
 The eighth article of the treaty was as follows:
 The navigation of the river Mississippi, from its source to the ocean, shall forever re- main fee and open to the subjects of Great Britain and the citizens of the United States Y"
 Great Britain had previously the same stip- ulation with France, when France possessed the whole right bank of the Mississippi, and jurisdiction over one half of the river a stipulation the obligations of which passed to Spain, which had succeeded to the domin- ion Great Britain, n ceding her sovereignty to the United States, stipulated for q contlnu- ance Of the same privilege from the United States
 The United States also succeeded to the rights of England, derived from the treaty of l763 with rance, to which Spain had sue cccded
 Between 17&3 and 1795 this subject was much contested by Spain, and caused great excitement m the western country. Spain denied the right of navgation-and soon at- ter the treaty made regulations for the colec- ton of heavy duties on imports all the way down the Mississippi river; and, establishing military posts and appointing officers with in- structions, collected the duties by military force. This Was in furthcrance of scheme of Spanish policy, to create dissatisfaction with the Federal Government in the Western States, and Gctach them from the Federal Union then under the Government of the old Confederation. The ntrigues for that object form, however, different branch of subject from that which we are considering The claim of Spain was denied very strenu- Ously by the Government; but Spain was un yielding, and the agitation continued to the year l795, when the treaty of Madrid was concluded, under Washington's adminstaa- tion, between the United States and Spain
 That treaty contains two provisions in re- spect to the navigation of the Mississippi.
 The second clause of the fourth article pro- yides
 |" His Catholic Majesty has likewise agreed that the navigation of the said river (the Mississippi in its whole breadth, from its source to the ocean, shall be free only to his subjects and the citizens of the United States, unless he should extend this privilege to the subjects of other powers by special conven- ton"
 By the twenty second article the right of deposit is regulated thus
 < His Catholic Majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandise and effects in the port of New Orleans, and to export them from thence with out any other duty than to pay fair price for the hire of the stores, and his Majesty promises either to continue this permission, if he finds that during that time it is not pre- judicial to the interests of Spain, or if he should not agree to continue it thus, he will assign to them, on another part of the banks of the Mississippi, an equivalent establish ment."
 By this treaty, the free navigation of the river was again specially confirmed by Spain to it, by their treaty, from England, which rested on her previous treaties with France, by which Spain was also bound
 The western people were comparatively