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by the war, were renewed by the fol- tem of laws, different sets of magislowing stipulation between Spain and trates, and owing allegiance to different England made in 1814, viz : “ It governments. That surely is a state of is agreed that pending the nego- things which we should be slow to tiation of new treaty of com- admit was agreed upon, and slow to merce, Great Britain shall be admitted submit to. to trade with Spain upon the same con- There are some minor arguments ditions as those which existed previ- brought forward by each party which ously to 1796, all the treaties of com- we do not think it necessary here to merce which at that period subsisted mention. They do not change the as between the two nations being hereby pect of the case as we have presented ratified and confirmed.” To this posi- it. If the main arguments which we tion there are two answers; first, have examined do not decide it, the that the liberty to settle on the north- smaller ones will not. west coasts was not part of a treaty of The last propositions between the commerce ; and second, that the stipu- two parties for the settlement of the lation obviously related only to the Eu- controversy were, on the American ropean dominions of Spain.
side, that the line of the 49th parallel, 2. If no war between Spain and the boundary on this side of the mounGreat Britain had intervened, still the tains, should be continued to the Pacific: engagements of the Nootka treaty were and on the British side,that the line should in their nature temporary ; intended to be continued only to the head waters of the provide for a state of things where River Oregon and then down that river there were no permanent settlements, to the sea, the stream being the boundary and quite unsuited to, indeed incompati- and to continue for ever common to the ble with, a real occupation of the coun- two nations. Whether in the late negotry by permanent civilized communities tiations different terms have been proposwith an established government, and a ed on either side we are not informed. system of laws to be administered. Upon the whole matter, we have formThe things contemplated by the conven- ed an opinion the most decided, that the tion were rather trading posts and a American claim is founded in law and commerce in furs, than any such per- justice : and we think we do but demanent occupancy as we have been clare the decision of the American mentioning
People when we say that the 49th To carry out and perpetuate the parallel is a reasonable and proper comtreaty, according to the British inter- promise, and the southernmost limit pretation, would be to condemn the which America ought to concede. whole country to eternal waste except With respect to the mode of dealing for the purpose of hunting and trading with the British government hereaiter with the natives, or to place there side by we must say, in the first place, that we side, American citizens and British sub- should be slow to submit to the arjects, to cultivate the earth, build towns bitrament of a European sovereign. and carry on a traffic through the Pacific, There are many reasons of a political naeach class governed by a different sys- ture why a claim of this country to ter
and made part and parcel of their partition of territory and of common rights at the peace; but the British plenipotentiaries on the other hand maintained, that they were concessions depending for their continuance upon the continuance of the engagements between the two contracting parties, and revoked by that which revokes all contracts, a subsequent war. So that while the positions then taken by the American government do not contradict those which they now take respecting the Nootka treaty, the British Government then maintained and adhered to a doctrine of public law wholly irreconcilable with their present pretensions.
The reader, who is curious in such matters, will find some observations respecting the kind of conventions which survive a war, in the cases of the Society for the Propagation of the Gospel agt. the town of New Ilaven, in 8 Wheaton's Reports, 464, and Sutton azt. Sutton, 1 Russel and Mylne, 663.
The distinction between what is called by the Publicists transitory conventions, nd other national compacts, may be illustrated by the distinction somewhat analogous aetween a conveyance, by which a title is actually vested in a grantee, and a conract, which gives no title, but a claim on the contracting party.
ritory should not be decided by any po- seems a weakness of republican gove tentate. Our rights are now in our 'ernment not to prepare itself for such own keeping and we prefer that they emergencies. Jealousy of great esshould remain so; but at the same time, tablishments, especially those which notwithstanding this disinclination to are supported by the state, seems inthe arbitrament of a foreign prince, we separable from popular institutions. would take that much sooner than incur Such, at least, has been our experience. the chances and calamities of war. We Great Britain, on the other hand, is would, moreover, on no compromise, re- thoroughly prepared : with well discede from the line of the 49th parallel. ciplined and numerous armies, with That divides the territory into two ships of war hovering on every sea, nearly equal parts: it carries our with warlike stores and munitions, col. northern boundary in a straight line lected without stint of expense or labor, from the Lake of the Woods to the for many years. She has naval staSouth Sea, and it secures to us what tions on every coast, fortresses and we most want, the noble harbors troops, wherever there are islands about the Strait of Fuca and the ex- which she could seize, and a belt of clusive control of the River Oregon, frowning fortresses all round the globe. in its whole course. But we would With these well appointed means at not close the door upon negotiation. hand, she would strike heavy blows We would endeavor to persuade Great in the first year of the war, inflicting
Britain that our rights were perfect, upon us greater sacrifices probably, L and that we were unanimous in main- than it would have cost us to keep taining them. We would not be in adequately prepared for half a century. haste to close the negotiation, satisfied But the vigor and elasticity of this that every day adds strength to our people would bear them up against possession. We would afford protec- these assaults and losses ; 'their retion to our countrymen who may go sources, almost boundless, would be dethere to settle or to trade; and for that veloped with greater rapidity than the purpose a law ought immediately to be calm times of peace could have propassed, extending the jurisdiction of our duced : all kinds of manufactures poscourts over American citizens in that sible to us would take root: and every country. So long as there was any means which this people could comhope of an amicable arrangement, we mand, would be brought out, to serve would not terminate the joint oc- the purpose of defence and annoyance. cupancy provided by the conventions Every element of disaffection in the of 1818 and 1827, believing that to neighboring provinces would be nourdo so would but irritate, and might break ished into rebellion. Republican armies off negotiation. But if negotiation does would plant the standard of revolt in not promise favorable results, and as their soil. We should offer their inhabitsoon as a reasonable prospect of adjust- ants freedom from the galling colonial ment by that means were past, we yoke : exemption from the swarms of would terminate the joint occupancy, foreign officers who infest their homes : in ihe mode provided by the conventions, self-government in its best and truest acand establish a territorial government. ceptation, and a union with our circle If then, Great Britain chose to resist, of free states. We should point out to we would meet force by force.
them, if indeed it be not already imIf that day should ever come (which pressed on their minds, the difference may God avert), the consequences of between the two systems, as they apthe struggle are beyond the reach of pear upon the opposite sides of the St. human eyes. Some of them, however, Lawrence and the Lakes. If they did we may reasonably anticipate : and in not profit by the lesson and the occaregard to all our countryinen have no sion, they would prove themselves of a just cause for apprehension.
different spirit from what we take them The final result of the warlike opera- to be. tions would probably be the extinction On our southern border, Mexico would of British power on this continent. At probably be stimulated by the offers of first, no doubt we should suffer im- England, added to the irritation which mensely from want of adequate prepa- she now naturally feels, to join in the ration to meet the vast disposable force war: and the consequences of it would under the control of Great Britain. It be, that that country would be overrun
by invaders from the South and South- wars, one of them long and full of circumwest. What means of defence she has stances of exasperation, have not been on her open frontier, we do not see. sufficient to eradicate. The facts of our A western hunter will carry provisions history have run far ahead of our opienough on his back, to subsist himn ten nions. With a government of ourowa days, and by that time, he would place choice, and laws of our own making, we himself in the habitable and fruitful receive from abroad the most effective parts of Mexico. All the efforts of of all laws, laws for the mind. If we do England, both at the south and the not act as we are commanded, we think North, would be exhausted upon the much as are commanded from sea coasts. She could make no im- Europe. From this injurious and dispression on the interior: and from the graceful thraldem, we are gradually interior would be organized forces emancipating ourselves. A war would which, aided by the disaffected popula- do it at once. tion north of us, and the weakness of Another result would be the purificathe races south, would carry American tion of our own political atmosphere. dominion from the ancient seat of the “The cankers of a calm world and a long Aztecs to the Arctic sea.
peace” are no fiction. They are undenia Upon the ocean itself, the contest able realities. Offices go to those who would be long and bloody: but it is our need, not to those who are needed. Policonviction that it would end in breaking tics become a trade. Lesser qualities down the maritime superiority of Eng- lave as much appreciable value and are land. We would not underrate English associated with fewer scruples than power on the sea. We know it well: but great ones. But when the state is in we do not fear it. We know that her danger, patriotism and ability take pre mercantile marine is not a third greater cedence of selfishness and mediocrity. than ours: and we believe that in the The first effect of a collision would be long run, in a war of many years, as to bring the ablest and best men upperthis would be, the armed marine would most. become proportionate to the commer- Let us not be misunderstood. For cial. In that case, considering the none of these reasons do we desire a greater number of possessions which war. Far from it. We deprecate it. England has to defend, and the larger. We would do everything that we could number of ships to convoy, the two consistently with our obligation and our Davies would come to something like future safety to avoid it. But if it come, an equality of disposable force. And if we shall consider it not an unmixed that were to happen, who can doubt the evil. result? We have now, it has been es- If this article had not already been timated, 200,000 men employed in navi- extended as far as is reasonable to ask gation. If one half of them could be the attention of the reader, we should placed in armed vessels, they would have gone into some further topics conconstitute a greater force than England nected with the relations between has ever had upon the sea.
America and England. We may, perThere are other results of a war be- haps, return to them hereafter. Suffice tween this country and England, per- it at present to add that in what we have haps even more important than any said, we desired to keep in view the operations of arms, which we will distinction between the mass of the briefly glance at. One of them, is the English people and the government of complete and final emancipation of the England. For the former, we have American mind from English influ- respect and sympathy. They are of ence. How great this influence even our kindred and our flesh. But the now is we have too often occasion to latter is a selfish and insolent oligarchy. observe and deplore.
It strove to oppress us once, and is thereThere is among the people of this fore our hater now. It is that we country an hereditary and undue res- combat, and their spirit that we depect for the name of England, an ex- test. cessive admiration of her past history, If ever the government of that coun. and an exaggerated estimate of her try becomes so popular as to admit present power. These are the rem- into it the just authority and influence nants of colonialideas, which half a cen- of the people, and there are indications tury of independence and two bloody that such a change is coming over the spirit of our fatherland, we may rea- hostile diplomacy and hostile forces, sonably expect to see a corresponding may we have between us only messenchange in ouş mutual relations. Then gers of friendship and of good.* we may hope to see England sincerely
D. D. F. our friend and fellow. Then, instead of
FURTHER PASSAGES FROM THE JOURNAL OF AN
EDITED BY NATHANIEL HAWTHORNE.
April 29, 1844.—AT 10 A. M., an- nation's present supineness and decay. chored off the Dutch settlement of El The settlement was taken by the Dutch Mina. The Governor's lieutenant about a century after its foundation. boarded us in a large canoe, paddled by The main fortress is extensive, mountabout a score of blacks. A salute was ing ninety guns, and is capable of withfired by our ship, and returned from the standing the assault of a large force of castle with a degree of splendor quite regular troops. On an eminence, above unexpected; for a portion of the native the town, is a second fort, apparently town, situated beneath the castle-walls, strong and in good repair; and two small was set on fire by the wad of a cannon, batteries are placed in commanding and twenty or thirty houses burnt to situations. the ground. On landing, we received a The houses in the town are built of message, intimating that the Governor stone, and thatched. The streets are would be glad to see us, and consequent- narrow, crooked, and dirty, imparting to ly called upon him. He is a man of the place the air of intricate bewilderabout thirty, who came out in 1832, as ment of some of the old European cities. a clerk, and has risen to be Governor, Much of the trade is done in the streets, with the military rank of lieutenant- ' and entirely by women, who sit with colonel. All the civil officers have their merchandize on the ground before military titles, and wear the correspond- them, and their gold-scales in their laps, ing uniforms, for effect upon the natives; waiting for customers. It would perbut the Dutch evince their shrewdness haps add to our manliness of character, by placing practical men of business, if at least the minor departments of rather than soldiers, at the head of their traffic were resigned to the weaker sex, colonial establishments. The only among ourselves. Crossing a small officer of the regular army is a lieuten- river, we came to another, and by far ant, commanding the guard, of one the best section, of the town. There hundred men.
are long, wide streets, two of which, El Mina—the Mine—was built in meeting at an obtuse angle, form together 1482, or thereabouts, by the Portuguese, an extent of nearly a mile. A double whose early navigators have left tokens row of trees throw their shade over the of their enterprise all along this coast; central walk of this Alameda. At inalthough the achievements of those tervals are seated groups of womenadventurous men do but illustrate the traders. The wares of some
• There is one particular in which the above article does not exactly accord with the views for which we are willing that the Democratic Review should be regarded as editorially responsible. Our abhorrence of War is too strong to find consolation in any of the mitigating circumstances enumerated; and viewing it at all times as an unmixed evil in its moral influences, we have no faith in any of the supposed incidental benefits on national spirit and character. We have, however, no real apprehension of a war between England and America on guch a ground. Our title is clear, and England will never venture to attack us in var to disturhit En D B
deposited upon the ground, while pieces sphere of this region; and among them of cloth are displayed to advantage upon rests L. E. L. Her grave is distinlines, stretching from tree to tree. guishable by the ten red tiles which
Before returning on board, we bespoke cover it. Daily, the tropic sunshine rings and chains of a native goldsmith. blazes down upon the spot. Daily, at The fashions of Africa are less evanes- the hour of parade, the peal of military cent than those of Europe ; and we may music resounds above her head, and the expect to see such ornaments as glitter- garrison marches and counter-marches ed on the bosom of the Queen of Sheba. through the area of the fortress, nor
May 2.-Sailed for Cape Coast Castle shuns to tread upon the ten red tiles, with the evening breeze.
any more than upon the insensible stones 3.–At Cape Coast Castle.
of the pavement. It may be well for The landing is effected in large canoes, the fallen commander to be buried at which convey passengers close to the his post, and sleep where the reveillé rocks, safely and without being drench- and roll-call may be heard, and the ed, although the surf dashes filty feet in tramp of his fellow-soldiers echo and height. There is a peculiar enjoyment re-echo over him. All this is in unison in being raised, by an irresistible power with his profession; the drum and beneath you, upon the tops of the high trumpet are his perpetual requiem ; the rollers, and then dropped into the pro- soldier's honorable tread leaves no infound hollow of the waves, as if to visit dignity upon the dead warrior's dust. the bottom of the ocean, at whatever But who has a right to trample on a depth it might be. We landed at the woman's breast? And what had L. E. L. castle-gate, and were ushered into the to do with warlike parade ? And wherecastle itself, where the commander of fore was she buried beneath this scorchthe troops received us in his apartment. ing pavement, and not in the retired
I took the first opportunity to steal shadow of a garden, where seldom any away, to look at the burial-place of L. footstep would come stealing through E. L., who died here, after a residence the grass, and pause before her tablet ? of only two months, and within a year There, her heart, while in one sense it after becoming the wife of Governor Mc- decayed, would burst forth afresh from Lean. A small, white marble tablet (in- the sod in a profusion of spontaneous serted among the massive grey stones of flowers, such as her living fancy lavishthe castle-wall, where it faces the area of ed throughout the world.
But now, the fort) bears the following inscription : no verdure nor blossom will ever grow
upon her grave. Hic jacet sepultum
If a man may ever indulge in sentiOmne quod mortale fuit ment, it is over the ashes of a woman LETITIAE ELISABETHAE MCLEAN,
whose poetry touched him in his early Quam, egregiâ ornatam indole,
youth, while he yet cared anything Musis unicè amatam,
about either sentiment or poetry. Thus Omniumque amores secum trahentem, in ipso aetatis fore,
much, the reader will pardon. In reMors immatura rapuit,
ference to Mrs. McLean, it may be adDie Octobris xv., A. D. MDCCCXXXVIII,
ur, ded, that, subsequently to her unhappy Etat. 36.
death, different rumors were afluat as
to its cause, some of them cruel to her Quod spectas viator marmor, own memory, others to the conduct of Vanum heu doloris monumentum, her husband. All these reports appear Conjux moerens erexit.
to have been equally and entirely un
founded. It is well established here, The first thought that struck me was that her death was accidental. the inappropriateness of the spot for a We dined at the castle to-day, and grave, and especially for the grave of a met the officers of a new English brig, woman, and, most of all, a woman of the Sea-Lark, among whom I was happoetic temperament. In the open area py to recognize Lieutenant Bof the fort, at some distance from the acquaintance at Mahon, and a mess. castle-wall, the stone pavement had mate of my friend C- All these been removed in several spots, and re- officers are gallant fellows; and the placed with plain tiles. Here lie buried commencement of our acquaintance some of the many British officers who promises to place them and ourselves
on the most cordial terms.
have fallen victime to the deadly atmo.