IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.25 ■-1^ 12.5 ^ ^ IIIM 1.4 1.6 V] % A /J ''^^ o^ y its wati-rs, tirf! prcrisily Nudi aH w«; possesH in u-^ard to tin; (yoluniliia and tin; country drained l)y it; umIinh wc can defeat her right with the tith- of Spain, wiiii li we now poss<'S.s. It is Nuid tliat the Kpanish title i.s ohier in point of lime, as Spain firnt discovered thin territory and nctutdiy took possesHion of it; and, heiii^; older, it i i.s therefore superior. I may well admit that the j Spanish title is ohier than the title itf (ireat Brit- ain, and wo have it; hiit this .itie is siilijei t, in our ■ hands, to all the conditions and uli encumbramcs imposed on ''. .ly the act of Spain hefore she passed , it to uh; and hefore we can override the title of ■ Great Britiiin with this our Spanish title, we must ] ace that Spain had imposed no conditions or encum- j brances on this title. For snnpo.se the owner in fee first mortf^a^e his estate am! then .sell to another i in fee: the purchaser in fee titkes the estate subje(;t j o the mortgage, subject to this act prior to the sale in fee. Thii.s, too, we hold the title of Spain, .subject to all her act.s done in relation to the title before we acquired it. And this brings us to look into the Nootka Sound convention of 1700. But it is said that liie war between Great Britain and Spain in 1796 annulled and abrojj^alcd this treaty. This, Mr. Chairman, i.s a proposition which strikes me a.s a novel ai^l remarkable (tne. Treaties, if I understand them, may be fulfilled perfectly and completely on the act of signing^ and approval, or they may be (if I may be allowed the definition) continuing in their character — that is, to be Ailfiiled from time to time as occasion may require; as, for instance, commercial treaties, whicli may stipulate that certain goods shall pay certain duties as they may be unported, or that a com- mercial vessel shall salute a man-of-war, &.C.; or they may be compounded of the two — one clause may contain a perfect grant of land, another clause may contain a commercial regulation. But I ask, if a perfect vested right in land be conv,;ved by a treaty of this compound character, if a subseciuent war would divest this perfect and absolute right? If so, my friend from Missouri should (renible at the idea of war with France, for a declaration of war would make him a French subject. I would tremble at a war with Spain, for I should thereby become a subject of the Span'sli crown. It is seen at once that such a proposition is ab.surd. It is now necessary to inquire into the JNootka Sound convention; tne 3d article is as follows: "In order to strengthen the bonds of friendship, ' and preserve in future a perfect harmony and good ' understanding between the two contracting par- ' ties, it is agreed, that their respective subjects ' .shall not be disturbed or molested, either in navi- • gating or carrying on their fisheries in the Pacific ] 1 ' ocean or in the South seas, or in landing on the ' coasts of said .seas in places not already occupied, ' for the purpose of carrying on their commerce, or ' of making settlements there ; the whole subject, ' nevertheless, to the following restrictions speci- ' fied in the three following articles," &c. " Or of making settlemunis." Note this. Permit me to ask, what has divested England of this right to make settlements under this conven- tion .' and why is not the Spanish title now charged with this encumbrance as it was in 1790 .'' Why, I ask, is it not charged with the right in England to make settlements ii» luiy pait of the Oregon territory.' In the exerci.se of this right, her citizens have gdin' there and erectinl their homes. When were tliey bound to depart? When they had made settle- ments, (Old eonsecratf'd llit! soil as ilieir homes, with- out any restriction (tr limitation as to time — on what prinei|il(s of law can tliey be cinnpellcd to abandon their linnies or sum niler tiies.iii' But the gentleman from Indiuna [Mr. OuknJ eanie ii> the eonehision that iherf; was a n sirivtion on this right contaimd in the .'M article, to be found in the olii article. I will now call the attention of the committee to these, restrictions. The first restric- tion is contained in the 4lh article, whiili reads an Coilows; "I lis Britannic Majesty cngiiges to take the most ' etl'ectunl measures to prevent the navigation and ' fishery of his subjects in the Pacific ocean or in ' the South sens from being made a pretext for 'illicit trade with the Spanish settlements; and ' with this view it is morcoviir stipulated, that the ' British subj(!cts shall not navigate and curry on ' tlieir fishery in .faid seas within the space of ten 'sea leatrues from any part of the coast already ' occupied by Spain." This, Mr. Chairman, is the first restrietiin. Does this restriction go to negative or conti'ol the right of Kni;:lisli subjects to make settlements on any pnrt of the territory not occupied by Spain ? It is suflicient merely to say it does not. But it is supposed that the .'jtli article controls this right; but the construction I put on it is entire- ly different. The article is as follows: "As well in the places to be restored to the Brit- ' i.sh subjects by virtue of the 1st article, as in all ' other parts of* the northwestern coasts of North ' Anioriea, as well as the islands adjacent, situate to ' the north of the parts of .said coast already occu- ' ]iied by Spain, wherever the subjects of either of ' the two Powers r-hall have made settlements since ' the month of April, 1789, or shall hereafter make ' any, the .subjects of the other shall have free ac- ' cess, and shall carry on their trade without any ' disturbance or molestation." This article, Mr. Chairman, so far from being a n siriciit)ii on the ,3d article, is simply an enlarge- ment of the 4th. The 4th article is; You vthe Brit- ish) shall not trade with the Spanish subjects. The .'ilh article is: You may trade with the Spanish sub- jects ill those settlements hereafter made by the Spaniards north of their jiresent settlements. It is, therefore, simply an enlargement of the restriction contained in the 4th article. If this be the right construction, the right to make settlements is unre- strained; and I ask, if the British subjects had the right to settle any part of the territory not previous- "y occupied, and there make their permanent homes without anything being said as to the time when they should abiiiuhm them, — I ask — in the name of common sense, I appeal to all who have some idea of the legal ell'ect of treaties — what influence can a war have on this right ? Am I to be told at tli's day, and are we to sanc- tion the doctrine, that when nations enter into a contract, which has been executed, and rights vest- ed in perjietuity under the contract, that a sub- sequent war will divest those rights — annul this contract? If so, it is a new era in the history of international law; a new doctrine, which would be lound tc be destructive of the best interests of us ;t itizcns Imvc i;ii| made snttl,;. 'irliniM('.s, with- ''•'< to tinu; — oil e <'iiiii|)e space of (en coast already rst rrstrictiin. ■ or eontrol the settlements on piod hy Spain ? not. nitiele controls " "n it i3 eiitire- \vs: ircd to tlie Drit- :irticle, as in all "oasLs of North ;iceiit, situate to it ah-eadv occu- ~cts of citlicr of ttlcments shico hereafter mako II have free ao lo without any ir from beincf a ply an enlarfje- You vthe Brit- subjeeta. The le Spanish sub- • made by the ements. It is, the restriction is be the rijjht ments is unre- bjects liad the ' notprevious- manenthomea the time wiien -in tiic name ho Jiave some v'hat influence I'c wc to sanc- 1 enter into a lid rights vest- t, that a sub- i — annul this he history of whicl) would It interosta of nations. No such doctrine can be maintained here or anywiicre else. We hold, llicn, Mr. Chairman, the Spanish tiile, if fjcntlenien .-oe fit to rely on it, but rhnrf^'ed wiili tiie rii,'ht of the I'irilisli Ciovcriiment, to wit: that their sulijects may make settlements in the ter- ritory ill places not already occujiied, and there erei't' their homes. Tliis Sjianish title is (barged with this light. I»iit whether we claim by the oiii.' title or by the other, or by both, the Govern- ment of Great Britain has rights in the territory, niid we wish to make a division of the soil. We arc no longer willing to remain in joint occupancy, nor can we assert title to the \\ hole territory. I am willing to assert for my constituents, and for the American people, every right that belongs to thein; but no power on earth can make me assert claims to rights, when those are negatived by con- tract and by law. Nor will 1 advocate the doc- triiK' th;it we must seize upon territory contrary to treaty ."stipulalioiia, contrary to the laws of nations, merely beiuiuse we wish to ajipropriatc it to our use. Now for the division line. The 49lh degree seems to me to be equitable and just. I think we have commilted rmrselves to this line: we have of- fered it once, twice — nay, three times. By thesi; oilers, we have admitted Engltind had claims. With what faith, I ask, can we now assert title to the whole? Can wc, then, go for this resolution, without even qualifying it, to .show that Great Brit- ain lias rights which are the subject of negotiation.' It has been asserted by the Executive that our title to the whole is jjerfect. In this, I am conipelled to difftr with him. I cannot shut my eyes to the rights adverse to our own. Mr. Chairman, I would prefer a resolution giving the notice, with a distinct assertion of the extent of our rights; that is, that we will never yield any portion of the territory south of latitude 49. If we would do this, depend on it England would not go to war for any territory south of that line. Our riy;lit to it is best. I would never yield one foot south of it, be the consequences what they may, but for us to assert our title to the whole — to pre- pare our.selvcs to maintain this title — will produce war beyond all jiossible doubt. And although I will not undertake to describe the horrors of war, let me say, if a conllic* ensues, the whole civilizi d world will feel the .shock. I trust in tlie name of God that this country will never be involved in a war by asserting title to that which is not ours; and I trust we will never fear to assert title to our own. Nor will the assertion.s of title to that which is clearly ours ever involve us in a war with any nali(>n; or if it does, it will not be a war of aggres- sion; it will be one of right, our quarrel will be just, and we should have nothing to fear from Eng- land or from the world. I Hc.c the necessity of giving notice to determine this convention, to prevent bloodshed; but let us accompmiy it with a clear and distinct declaration as to the extent of our rights. We would not yield our rights to England, will she yield hers to us? Although I believe the Executive thinks our right to the whole perfect, for he has so said, I cannot agree with him; the conduct of our Gov- ernment is opposed to his views — the rights of dis- covery and the construction of treaties oppose his views. His opinions, however, will have a pow- erful cflV.ct on the public mind; we should check it; we should show to our ftillow-citizeiis the ex- tent of their rights, and I would with |)leusiire go for the notice with this declaration of tde extent of our rights. Mr. Chairman, I would oven go fir a notice that would.admit that Great Britain bad a inter- est ill the territory the subject-iiuitti r of nei^otia- tion, for this would be to disabuse the public mind. It would be tantamo'.int to sayini; Gnat Britain has interest in Oregon; but to deny that she has, and so to teacii the |mblic that ail is ours, must, beyond all doubt, producf- war. True it is, that the giving of this notice is the exercise of a mere conventional right, and within itself not a cause of war; but he is not entitled to the name of a pru- dent counsellor who will exerci.se this right merely because he niav do so, witliout regard to the con- sequences. We should look to the consetiuences. Give the notice in this simple, unqualified form, and the question must then be settled, either by negotiation or by the sword. The President says negotiation is ended — that it cannot be so settled. Then the only ul'ernaiive left is war; a war, too, under the assertion of title to the whole. We could not be justified before mankind; we could not elicit their sympathies; we should be consider- ed the a^'-gressors. But let us declare, and declare truly, the extent of our rights. Our title is before the world, the title of England before them — and we should be sustained by the nations of the earth. England herself, seeing that we claimed nothing but that which is our own, would yield to our claim without resort to arms. The ((ueslion is one of moment; the lives of thousands depend, or may depend, u])on our action. Let us not act rashly, nor hazard the lives of our fellow-beings in assert- ing a doubtful title; yea, in asserting a title to the whole, when, beyond all doubt, we have no ex- clusive tide. But should we give this notice, with a view to settle the question by negotiation, by as- serting title only to that which is ours, or by ad- mitting that Great Britain had interests which were the subject of compromise, and she should refuse to negotiate, and allow us our rights, the resjion- sibility, yea, the evils of the war would be hers. But let us claim only our rights, and there will be no danger of war, or of its horrors. I see, Mr. Chairman, I have a few minutes more. I will reply to one sugi^estion I have lieard express- ed, " that'the tree of liberty flcmrishcd best when moistened with blood." This is not the tree of lib- erty I admire; and when the tree of liberty ]»lant- cd by our fathers requires the blood of tlieir de- scendants to give it nourishment, I say, cut it down, tear it up by the roots, and cast it from us. But, Mr. Chairman, the tree of liberty I admire flour- ishes best in peace; yea, when the rights of all arc regiu'ded and respected, then will its boughs extend and give protection to all, and under it all will be content — all happy. To protect this, sir, I would say, let blood be shed: nor should the ruth- less hand of tyranny pluck one bough from the trunk. Permit me to say, that my constituents would freely shed their blood ere this tree should be injured. I will not pass any encomiums on my constituents, nor speak of their martial spirit. But if a war should come, let it come as it will. For good, suflicicnt, or insufficient cause, I do not think we shall nsk to borrow fortitude of our friends I win?„r!.^n^ I iti misfortune.. No, «,r, we and •till they stand and east ti.crr. nark on her own will gather on our beach, bes.d^ our native rocks, bosom. So would we stand and drive back Z asmnst which the mad waves of '.old Ocean " foes, and make them seek the quie of their Z- httve beat for agea past without impression made, I sions in their own homes ^ ^ 'M I \rk on her own Irive bark our St of their paa-