IMAGE EVALUATION TEST TARGET (MT-3) k // '/. 1.0 1.1 11.25 ut Ui |2.2 .I* 140 1^ HE M»4 Sciences Corporation 23 WIST MAIN STRUT WnSTM.N.Y, USIO (716)I72-4S03 ^ ^ <> y*^ ' *« ^^^1%^ ^U"" V CIHM/ICMH Microfiche Series. ® CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / institut Canadian de microreproductions historiques Technical and Bibliographic Notas/Notet techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. □ Coloured covers/ Couverture de couleur □ Covers damaged/ Couverture endommagde □ Covers restored and/or laminated/ Couverture restaur6e et/ou pellicuK^e D D D D D D D D Cover title missing/ Le titre de couverture manque Coloured maps/ Cartes giographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Reli6 avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serr^e peut causer de I'ombre ou de la distortion le long de la marge intirieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajoutAes lors d'unc restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas it6 filmdes. Additional comments:/ Commentaires suppl^mentaires: L'Institut a microfilm^ le meilleur exemplaire qu'il lui a AtA possible de se procurer. Les details de cet exempleire qui sont peut-Atre unicjiios du point de vue bibliographique, qui peuveitt modifier une image reproduite, ou qui peuvent exiger une modification dans la mithode normale de filmage sont indiquis ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagdes I I Pages restored and/or laminated/ Thi tol D D Pages restaurdes et/ou pellicul6es Pages discoloured, stained or foxe( Pages dicolories, tacheties ou piqudes Pages detached/ Pages d6tach6es Showthrough/ Transparence Quality of prir Quality indgale de I'impression Includes supplementary materii Comprend du materiel suppldmentaire r~T| Pages discoloured, stained or foxed/ I I Pages detached/ r~^ Showthrough/ I I Quality of print varies/ I I Includes supplementary material/ Only edition available/ Seule Mition disponible Pages wholly or partially obscured by ei rata slips, tissues, etc., have been ref limed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6ti film6es it nouveau de fa^on & obtenir la meilleure image possible. Thi poi oft ffiln Orii be| the •ioi oth firs sioi ori Thi sha TIN wh Ma diff ent befl rigf req me This item is filmed at the reduction ratio checked below/ Ce document est filmA au taux de reduction indiqu* ci-dessous. 10X 14X 18X 22X 26X 30X J^ 12X 1IX 20X 24X 2IX 32X Th« copy ffilm«d h«r« has b—n raproducad thanks to tha ganarosity of: Library Division Provincial Archives of British Columbia L'axamplaira f ilmA f ut raproduit grlca i la jAnArosit* da: Library Division Provincial Arehivas of British Columbia Tha imagas appaaring hara ara tha bast quality possibia considaring tha condition and lagibllity of tha original copy and In kaaping with tha filming contract spaciflcatlons. Original copias in printad papar covars ara fllmad baglnning with tha front covar and anding on tha last paga with a printad or illustratad impras- sion. or tha back sovar whan appropriata. All othar original copias ara fllmad baglnning on tha first paga with a printad or illustratad impras- slon. and anding on tha last paga with a printad or illustratad imprassion. Tha last racordad frama on aach microficha shall contain tha symbol — ^ (moaning "CON- TINUED"), or tha symbol V (moaning "END"), whichavar applias. Las imagas sulvantas ont 4t4 raprodultas avac la plus grand soln, compta tanu da la condition at da la nattat* da l'axamplaira film*, at •n conformity avac las conc4ions du contrat da filmaga. Las axamplairas originaux dont la couvartura an papiar ast Imprimis sont filmAs an commandant par la pramiar plat at an tarmlnant salt par la darnlAra paga qui comporta una amprainta d'Imprassion ou d'illustratlon. solt par la sacond plat, salon la cas. Tous las autras axamplairas originaux sont fllmte an commandant par la pramiAra paga qui comporta una amprainta d'Imprassion ou d'illustration at 9n tarmlnant par la darnl4ra oaga qui comporta una talla amprainta. Un das symbolas suivants apparattra sur la darnlAra imaga da chaqua microficha. salon la cas: la symbols — »> signifia "A 8UIVRE". la symbols ▼ signifia "FIN". Maps, platas. charts, ate. may ba filmac! at diffarant raduction ratios. Thosa too larga to ba antlraly inciudad in ona axposura ara filmad baglnning in tha uppar laft hand cornar. laft to right and top to bottom, as many framas at raquirad. Tha following diagrams illustra:« tha mathod: Las cartas, planchas. tablaaux. ate. pauvant Atra filmAs A das taux da rAduction diffArants. Lorsqua la documant ast trap grand pour Atra raproduit an un saul cliehA. II ast fllmA A partir da I'angla supAriaur gaucha, da gauoha A droita. at da haut an bas. •n pranant la nombra d'imagas nAcassaira. Las diagrammas suivants lllustrant la mAthoda. 1 2 3 1 I lie ■^ RPEECFl OP THE HON. J. McPHERSON BERRIEN, OF GEORGIA, oir THE ORKGON QUESTION: DcriTEREn IN TUB Sknatk or tiir TI.vitp.d Statks, Marpu 17, 184G. I Mr. BERRIEN rose and adtlrcAHed the Senate an follows : Mr. Prksiiiknt : T am glad that it has fallen to my lot to participate in this de- bate, at a moment when the cloud which lowered upon iU opening has passed away, and a brightening horizon more diiitinctly develops the objects around us. 'J'in^ reflection, and intervening events, have united to give us a clearer view of our por- tion ; I trust, also, a more accurate perception of our duties. I avail myself uf the moment to express, as briefly as I may, the imprcKiiion which this subject has made upon my mind. The resolution under consideration is responsive to a call mode by the President of the United Htates, in his animal message to Congress. ltj< purpose in to give effect to the recommendation of the Presidi'nt. The nature and character of the measure which the resolution pro|>08es to us are, therefore, to be determined by look- ing to the message which (Mills for it. Now, sir, the purpose of the President, in asking from Congress an authority to notify to the British Government our determi- nation to annul the convention of 1818, is distinctly announced in his message to be the peaceable or forcible assertion, as the occasiop may rei|uirn, of our title to the whole of what has been denominated in this debate the territory of Oregon. 'J'he measure which it proposes, the consequences to which it will probably lead, involve all the great interests of twenty million, of people, which, within the sphere of our constitutional powers and diitit^s, arc committeil to our protection. This measure, thus originating in the Congress of the United States, may disturb the peace of the world. On such a subject, all mere declamation is obviou^^ly out ot' place. Excited appeals lo our sense of national honor and to our patriotism, exaggerated descrip- tions of the arrogance and impotence of Great Britain, and glowing representations of our own prowess, seem to me alike inappropriate t • the ^^laco and to the occasion. 'J'he attempt is merely vain, to intluencu the conduct of any man who has mind enough to form his own judgment, and " nerve" enouirh to • o its bidding, by ap|)eals of this description. Why, sir, who is insensible to Mu; c 'Is of na/iunal honor P Who does not know, and regret, that it may sometimes lie necessary lo vindicate tlia honor of the nation on the batt. -field * Who does iiot know, and rejoice-, that a bloody hand is not the only symbol of a nation's honor ^ And patriotium — truly, sir, iNitriolism is a virtue which it behooves freemen esfiecinlly to cherish. But what American Benator, what American citizen, requires to Im? reminded of this duty * The urrngaiire of Gmnt Biitain ! For aught I know, sir, arrogance may be charac- teristic of the Anglo-Haxon. I quarrel with no man who asserts thai it is so, and yet, speaking for myself, I would be ashamed to say that I had found any exhibition of this feeling in the recent correspondence of the British Plenipotentiaiy. The future iinpotenre of the Uiitish Government is a suhje<'t fi)r the B|i«culation8 of the political philosophers, who see, or think they see, sown broadcast in her extended empire, and separated dependencies, the seeds of her dissolution. But how do these speculations, whether they be fouuded in reason, or are merely visionary, afTect the question before us ' We know, unless we close our eyes lo facta which are obvious to all the world beside, th;it Great Britain is at this moment in tha fulness of her i t Mi j« M.1 1 1 ■Irtngth, and prepared to inflict a blow which it will require all our energy to rept-l. With a view to our deciuon of this question, that is all which it concerns us to know. And our own prowtu — we, it is said, need not fear the conflict. We are prepared, or can be so on the instant, to win the triumphs which await us. God forbid that I should depreciate the valor of my countrymen ; but if we are to enter into this con- flict, if Great Britain is once more to become our adversary on the battle-fleid, I trust we shall not rely upon her impotence, but prepare to meet *' a strong man ar>ned." And, lest we should prove ourselves capable rather to endnre blows than to inflict them, I hope we shall not calculate too largely on our own undeveloped energies — on our capacity to "extract sun-beams from cucumbers, of which the process is ditH- cult," or, what is equivalent to it, to msV.e men-of-war out of packet- ships. I will be pardoned for saying, for it is the honest conviction of my judgment, that these topics do not belong to the discussion of a grave question like that which is presented to our consideration. Since the commencement of the present session of Congress, the American people have been startled by the intelligence that they were on the eve of war. In the excited debates which have occurred heie and elsewhere, they have had ample ground for apprehension. If now it is temporarily lulled, they still look with anxious solicitude to the Senate of the United States to quiet their ^prehensions, by securing the peace of the country, not by declamation, not by Inflammatory appeals, but by a calm and dispassionate consideration of the subject, and by such a decision as that consideration will lead is to form. But the chairman of the Committee on Foreign Relations tells us that the season for this is gone by ; that the time for action has arrived ; that we stand comn)iited to assert our claim to the whole of Oregon, " peaceably if we may, forcibly if we must." Speaking of this resolution, he says, *'] know this body, and I know that this resolution will pass, and pass easily. I care not what speeches may be made against it, it will pass." Weil, sir, where is it that such a declaration is made ^ Is thia the Senate of the United States, or is the old Parliament of Paris revived in this chamber ^ Have we really entered upon a merely formal consideration of a question vitally affecting all the great interests of the country ' Have we i-ntered upon the consideration of such a question, with ?i foregone conclusion? Is this the humble office which the Senate of the United 8tates has to perform ; not to advise, nzti to deliberate, not to decide, but simply to register a Presidential t-dict * Is that the oif.ce which is allotted lo us ' Sir, the honorable iiienatnr deceives him- self. The minor questions of party nmy be so arranged, and even in these the attempt is not always successful. But this is nut a p^-^ty question. The resolution submitted by the Senator from Kentucky, (Mr. CitiTrKNiiBN,) the calm and prac- tical argument, at an early stage of the debate, of the Senator fiom Delaware, (Mr. J. M. Clattom,) the fiosition occupied by various Senators on the other side of the chamber, all assure us that the motives by which Senators are actuated on this occa- sion come from a higher and purer region than that in which mere party dwells. Mr. Allen rose to explain, and Mr. Bkrrib5 yielding the floor, Mr. Alle.v aaid : In the speech which I had the honor to deliver in the course of this discussion, I believe there was not one solitary word which had the deHign or etfect of making this a party question — not one solitary syllable \ and if that speech has received such a direction, it has not been by my hand. In making the declaration that the resolution would pass, I had no reference to the predominance of one or the other party in the Senate. I spoke from my conviction of what would be the conviction of the Senate when the whole case was laid before its members. Mr. BianiBN, in continuation, said, I hear with great pleasure the declaralion now made by the honorable Senator. He will excuse ma if 1 have been misled by bis declaration heretofore that the resolution would pass, " no matter what speeches were made against it;" no matter what array of facta or of arguments was presented against it, that it would pass. A resolution which no fact, no argument could resist, was not submitted to the deliberate consideration of the Senate. How then was it to be decided ' And when the honorable Sent^r declared that we were committed to the aaaertion of our title to the whole of Oregon, and so committed by the Balti- mor« reaolulions and by the deeiantiona of tb* Piwidant before and aA«r hk tloc- tion, to whom did he addrcu himaelf— to the Senate or to bit party } But I take at iu ftili value the declaration of the Senator from Ohio, and, speaking for myielf, I say tbia it not a party queition, nor a question for party or individual dictation. No man baa a right to assume for himself that superiority of moral or intellectual power which entitles him to prescribe a standard by which the ner\-e or the patriotism of others may be measuied. To all pretensions of this sort the answer is simple and emphatic. Look at home — brace your own nerves, cherish your own patriotism, guard the avenues to error in your own bosoms, and be content if, having done this, you can &ithfully discharge your own duty, leaving to others their proper re- sponsibility. I repeat, then, sir, this is a grave question ; one which must be met and dis- cussed on its own merits, notwithstanding the publicity of the discussion which has been forced upon us. And here I cannot avoid observing, that if the President of the United States had desired to obtain the advice of the Senate on a question of such importance and delicacy an that we are considering, he had the example of the most illustrious of all his predecessors to point out to him the mode in which the subject referred might have been freed from the embarrassment attending this public discussion. I am not going to debate a constitutional question. The Pres- ident has chosen to subject the foreign relations of the countiy to public examination, and I acquiesce in that which is acquiesced in by others. In the various «xciting questions which will be presented, while we are, as gentlemen tell us, " fulfilling our destiny" foy successive extensions " of the area of freedom," I entertain no vain hope that the various departments of this Government will confine themselves within the limits which the Constitution, has assigned to them ; that, in its practical opera- tion, it will in this regard realize the expectations ot its framers. The signs of the times too clearly indicate that the checks and balances which they thought they had provideV»aTtii,) in the use of a strong expi«ssion, i as it struck me, calculated rather to intlu u(t> his reluctance than his Jelermination, that this is not a proper occatsion fur Uiscusting our title. Now, sir, no man yields a more willing tribute to the intelligrnce and forecast of thesH honorable Senators than I do; and yet I confess my own judgment concurs with the simple yet pt^rspicuous exposition of the duty of a Senator whii-h was given by the Senator from Missouri, who sits nearest t.i me, (Mr. Atchisox.) I pretend not to state his language, but its result. If any (Senator doubts the propriety of asserting our claim in the extent in which it is the manifest objci-t of the resolu- tion to a^isert it, it is both his rij^lit and his iluty to state his opinion, and the reiwona tor entert' ning it. If, on examination, these are found to be valid, it may be the means of preventing his country from engaging in a war, which would then be not only unnecessary, but also unjuxt. Hujipily, my duty will not, in my judgment, require that I should go into a minute examination of the variuus sources of our title. To the extent to which I consider it necessary for the purjiose of presenting my views distinctly to the Senate, I will not hesitatti to go, even though denunciation may follow. I would feel that I had indeed lived in vain, if, in the discharge of my duty as an American Senator, I might not si)euk ttuth to my countrymen, even in the hearing of an adversary. Mr. President, this duty has become, in my judgment, more imperative, because the discussions of this subject here and elsewhere have \>een calculated to produce a false impression on the public mind, to place Senators who camiot concur in tlie ultra measures which this resolution contemplates in a false position, which they are not bound to preserve in silence. The claim of the United States to the vast territory which intervenes between th« Rocky Mountains and the Pacific, and between the dSd and 4U' beyond the 54th parallel of north latitude, is said to be clear, unquestionable, one which cannot be disputed, which may not be further pursued by negotiation, which cannot he com- promised, which we will not submit to the nrbilrair.ent of a friendly tribunal, con- stituted even as we ourselves might desire it. It is not described to be, as in truth it is, a wilderness, occupied for the most part by savage tribes, which the United States and (Jreat Britain arc contesting the priority of right to wrest from ther--, by claims founded on disttovery and actual and pros|>cctive si;ttleuient ; but it is said to be a territory of the I Fnited States, part and parcel of the Union — our own soil, not a foot of which can bo yielded — to the whole of which, ay, to every inch of it, our title must l>e asserted instantly, as soon as wo ca. release ourselves from tins convention, and, if need be, at the cannon's mouth. The people of the United States are told that (ireat Britain has not a scintilla of right to any portion of this territory ; that her claim is lawless ; that it is pursued in a spirit of arrogance, and must he repell(pinions are is obvious- claim, or it be — I adopt n — war will avert these innate of g which has le American tversy ; that ir own terri- Ltject of ihifl unnatural coloring ; show how utterly idle and unfounded arc these rcpn scntatioiis -, exhibit the true and real quciition to our countrymen, and they will consider it calmly and decide it justly. Inquire, i;i ihcir presence, bow the national honor can he involved in settling a question of limits l)ctwcen Great Britain and the United States, in a territory to which, by a treaty of nearly thirty years' standing, wc have acknowledged that she had' common rights with our own ' And, since it must be so, to save the nation from Iicing plunged into an unholy war, consider fur a moment what is this clear and unquestionable title, for the ns- sfertion of which all the great intcrctcril)e the limits of his clmse. And though we linve iit our very doors, and Great Britain has in her numerous deiHndencie.s, niilli' n« of acres yet in a fclalc ol nature — uujettic foresU, in which the iouik) of the wnodman's axe hu never jet been heard— that ii ^Mrt from my present purpose. I desiie airaply to divest this question of the &lae glare which has been thrown around it — to strip this controrersy of the char- acter which has been given to it, as a contest for our own soil ; for a territory which is part and parcel of this Union ; as a struggle with a foreign \ ower which calb us to the defence of our homes and our firesides, of our domestic altars and our house- hold gods ; to present it as it is, as a contest for priority of right to acquire a foreign and distant territory ; and whether, in pursuing that contest, we shall extend our claim to the whole territory, or, circumwribing our limits, shall l»ave the residue to be occupied by Great Britain. It is in this aspect that I desiie to present this question to the consideration of the Senate and of the country, as one which ought to be adjusted by compromise, and in the spirit of peace, not by the sword. If it were a question involving the national character or honor, affecting our own soil, any part of this Union, the remotest spot within the limits of the United States, over which the stars and stripes of the Union extend their protective Influence, it were vain to speak of compromise. But the question of our priority of right, or that of Great Britain, to acijuire the territory of Oregon, in part or in whole, and if in part, what shall be the boundary between us, is one which no principle of honor forbids us from adjusting by compromise, but which every consideration of interest, of duty, and of honor, forbid^i us from assert- ing by force, until all proper and recognised means of peaceful adjustment have been tried and exhausted. And now, sir, having stated my view of the nature of this controversy, for the purpose of showing that its adjustment by coro^promise is the proper and legitimate mode of settling it, I proceed to show, as I think may be done conclusively, that the past action of our Government renders yet more imperative upon us the obliga- tion so to adjust it ; and, for this purpose, I submit to the consideration of the Senate these two propositions, which I will briefly discuss. 1 . From the earliest stage of this controversy, down to a very recent period, we have ourselves, and of our own accord, afHxed a limit to our claim beyond which we have not denied that of Great Britain. 2. Our several claims, whether derived from France or Hpain, from our own dis- covery, or from contiguity, all concur to recommend the limit adopted by ourprede- ceesors, as a general basis on which this controversy may be equitably and honorably adjusted. Before I proceed to consider the first of these positions, it is necessar)* to meet an objection made by the Senator from Missouri (Mr. Atchison) to the view which T am about to present to the Senate. The honorable Senator contends that theae acts of our Government, to which I propose to refer, were mere offers of com ■ promise, which, having been rejected, cannot now be urged against the further ex- tension of our claim ; and, in support of this opinion, he invokes a rule of evidence applicable to controversies between individuals in the ordinary courts of justice. The rule is correctly stated. It rests upon the principle that a man may be allowed to " buy his peace," or to endeavor to do so, without being concluded by what he may have ofTered if his pacific overtures fail. There are two modes of meeting this argument . 1. It is applicable, and applicable only, to controversies before a tribunal compe- tent o detcide between the parties before it. If these acts of our Government were offered in evidence by Great Britain before such a tribunal, in so fiir as they were mere offers of compromise, they might be property rejected. But tliis is not our position. We are not now before such a tribunal, and these references are not made in a spirit adverse to our claims. We are here in the Senate of the United States, the repiesentatives of one of the parties to this controversy. We are con- ferring among ourselves as to the extent to which it is right and proper to assert our claims to this territory. In such a position, looking to the duties which this as- aertion of chim will impose upon us, there is a peculiar propriety in considering what has been.done by our predecessors in this matter, for our own instruction and guidance, in ascertaining what they have done, and the grounds on which they have I inhean) — ueation of f the char- lory which ch calla ua )ur houae- B a foreign sxtend our sidae to b« ition of the imiM, and he national motest spot the Uiiion But the territory of letween uit ■omtse, but fiom awert- t have been ray, for the i legitimate sively, that I the obliga- i the Senate ; period, we d which we |ur own dis- our prede- honorably ir>' to meet view which that theae tra of com- further ex- of evidence ustice. The allowed to rhat he may mat compe- -nmcnt were they were is not our tea are not the United Ve are con- to assert our iich this as- conaidering ruction and h they have acted. Atid I submit to the Senate that it ia neither fit nor proper for us, on light or trivial reasons, to abandon a position which they have assumed and unifiirmly acted upon, if such a position shall be found. National consistency in the assertion of our rights is quite as important to national character as the propensity to assert them by force. If such a position shall be found, a departure from it will subject us to the imputation of inconsistency, and our justiAcation must consist in arraign- ing the intelligence or the patriotism of those who have gone before us. It is to be eonsideret^ that we are, and that they were, representatives of one and the aam* Government, by which the acts were done to which I am about to tefer. Official incumbents change, but Government remains the same. In pronouncing the eulogy of a deceased monarch, Chateaubriand availed himself of the opportunity to hail the accession of his successor. He said, "The king is dead, let the nation mourn : thA liinK lives, let the nation rejoice. The king is dead, the king lives — long live the king. " He thus illustrated the perpetuity of the office, however temporary the in- cumbency of the parson who occupied it. The principle and its illustration are appli- cable to all settled Governments. In its application to our own, and to the subject under discussion, it authorizes the position that, if we have heretofore, of our own accord^ limited oar claim in our peaceful efforts to obtain it, we cannot now grasp the whole by force, without subjecting this Government, in the eyes of the world, to the imputation of inconsistency, or without arraigning the intelligence or the patri- otism of those who have heretofore administered it. This is the first answer to the objection of the Senator. The second is, that the acts of our Government, to which I am about to refer, will not, I think, be found on examination to have been mere offerj of compromise, but precise and positive ppeciAcations of the claim which we asserted. 'I hat, however, is to be determined by "an inspection of the record," which I will proceed to present. The Senate will do me the favor to recollect that the first position which I have stated is, that, from the earliest stage of this controversy down to a very recent pe- riod, we have ourselves, and of our own accoid, atfixed a limit to our claim beyond which we have not denied that of Great Britain. iVow, Hir, without going through all the various negntiatioiis, it will sufRce for my present purpose to ask the attention of thr Senate to two or three documents, which I think have not hitherto attracted the notice to which they are entitled. 'I'he first to which I will refer in an extract of a letter from the then Secretary of State to Messrs. Gallatin and Rush, our negotintora, bearing date July 28, 1818, which will be found m the 4th volume of State Pn|icr8, connected with our foreign relations, p :<77. It will be seen by a perusal of this extract that our Government did not at that time contemplate a claim north of the 49th parallel, while they exhibited the Uve- liest apprehension of the intention of the British Government to encroach upon that parallel, " south of which (the Secretary sayis) they can have no valid claim upon this continent." Here is the extract : " The new pretension, however, of disputing our title to the settlement at the mouth of the Columbia rivrr, either indicates a design on their part to encroach by new eitab- Ushments of their own upon the 49lh parallel ot latitude, south of which they can haw rio i'((A(/ claim upon tlti* continent ; or it manifests a jealousy of the United States, a desire to check the progress of our settlement, of which it might have been sup- posed that exiierience would before this day have relieved them. Thtir projects for the line, both in the negotiation of Messrs. Monroe and Pinkney in ISOfi, and at Ghent in 1814, were to take the 49th parallel of latitude, from the Lake ol the V/oods west, as far as the territories of the United States extend in that direction, with a caveat against its extension to the South Sea or beyond tlie Stony Mountains. Upon which two observations are to be made ; first, that it is uncertain whether anv part of the L^ke of the Woods is in latitude forty-nine ; and, secondly, that they al- ways affected to apply the indefinite limit r** "tension, ' as far as the territories ex- tend,' to the territories of the United States an', jt to those of Great Britain, leaving a nest-egg for future pretentions on their part aoiUh of latitude jorty-nine. The counter projects for the line on our part, therefore, at both these negotiations, were from the northwest corner of the L^ike of the Woods, the point alreaiK fixed and undisputed, a line north or south, as tke case may be, to the forty-ninth parallel of latitiMle,and thence B ulong tliHt parallel m I'mi- as the terriloiie* ol' bnlli |Mi-ties extend in that dircetinii, anil adopting the cttvcat againit extension to the I'acilic, or b«>yonil the Stony Moan- Uins." It will be seen, on the iwrusal of this extract, to wliat p>rtion of the Oregon ter- ritory the claim of the Ignited Plates was then conwdercjl to cxtond — concerning what portion of the territory the a|iprphcnsiori!t of the Secretary were excited by the diHpoHition to encroachment ninnifciitrd by the BritiMh(tovrrnnicnt ; that he Hmiln htH (knial of the vaiiditji of thrir claims on thii conlincnl to that portinn which lien south of the \9th jiaralul, for the purpose of anseitinj; future prete niiions to which, he suppotws them to have lef^ "a nest-egf^." Mothin^ in this extract, then, looks to an extcnuion of the claim of the I Inited Htntes north of that parallel. Mr. Jah.naoin. What is the date of that letter ^ Mr. Bkrrik.n. Its date, as I have said, is in 1HI8. I have already said thai the limitation of our claim by nur own (iovernment was not always presented in the form of an ofler of conipioniise, but as a ii|N'cifiralion of limits. The next reference I have to make may bo considered of the first kind. 'I'liat which will follow will be seen to lie of the second. I refer now to an extract of a letter from Messrs. Ujllatin and Rush to the Secretary of iSlate, dated f)ctober 30, 1818, which will be found in the same volume, fngo U81. In thix extract they say : "'I'b'' ibject (the Columbia rivet) was, durinf; the whole negotiation, coiniri;|p(| by the .jritish Plenipotentiaries witli that of the boundary line. 'I'licy ap|K-ai'cil altogether unwilling to agree to ibis in any shape, unless some arrangement was made with respect to the country westwanl of the .Stony Momitains. This induced i»» »-> prop(.iwl not asstrt lliat the IJmtetl Stales /lail a perfect ri^ht to that cnimtry, but insisted tiiat their chum was at least good affoiiisl Great Jiritain. .TIk- forty-iiinlli \ ii-allel bad, in pursuance of the trealy of L'lreclil, been fixed iiKlennilely as ibe line between the :iortbern Dritisb possessions and tbost; of France, including J^uisiana, now a pari of our territories. Tliere was no reason whi/, i/ the two countries rxteiuled tlicii claims westward, the same Hue should not he continued to the Pacific Ocean. " Now, here is a statement of the proposal madei)y our .Ministers to extend the Iwuiul- ary line Itctwecn the United StaU's and Great Dritiiin, east of the Kooky Moun- tains, westwardly to the Pacific Ocean ; that is, alon^ the furly-ninth parallel, thereby abandonini^ all rhiiin to Icrrilori/ north of that parallel — to which au well as that south of it, it is now said we have a clear and undoubted title. We did not think so then, for our negotiators suy that, in claiininfr Hic trrritorif muth of that parallel, they "did not assert that the United iSlates had a perfect rieht" to it, but " that their claim was at least good against Great Britain." Again, "after adverting to the fact that the lOth parallel east of the Rocky Mountains is the bound- ary Iwtween tlie United State.s and Great Britain, they say, if the two countries extended their claims we.-itward, "there wa.i no rcuKon trhij the same line should not be continued to the Pacific Ocean." A« reason whlf? (Jertainly there was abundant reason, :f we had a clear and uiiiiuestionabic title to the territory north of that line to .'>4° 40'. I'his proposal, by referring to article B, page a84 of the came volume, will be found to have been presented in th^se words : •• It is agi-ced that a linedr.iwn due iiortb or soiilli, as the casi; may rciiiiire, from the northwestern point ol the Lake of the Woods, nnlil it shall intersect the ' fortif- ninth parallel of north hititnile, and, from the point of such intersection, Hue' west along and with the said (mndlel, shall be ibe line of tieniarcalion between the territo- ries of ibe United .States and those of bis Hrilannic Majesty to ihe westward of the said lake ; aud that the said line shall form the nnrllurn homulai-ii of the said leiTitories of the United StiUes, and the. son4ltern lionndary of Ids Hrilannic Mt\iestyU said terri- tory, from tlie said lake to the Pacific Ocean,- it being, however, distinctly undeistood that, with rt's\tcKHo tUv territories situated on the norttiwest coast of America or west- ward ol Ihe Slony Mountains, the two high conU-acting parties /Mi-eAi/in/w«//(,f/i./fi t/wir respective claim,': so far only us rulates lo the two [mrties, and without reterem to the claims of any ullicr nation." ne ence 9 at dircetioii, itoiiy Moaii- Oregoii Icr- — concerning e i-xrited by hnl he Umiln irrtiim which l^et(>^mon^: to ixtract, then, irallcl. priimrnt wa.^ <'cifiration ol he finit kind, lo an pxlrael latrd Ocloficr i extract thry III, connevlpd ii-y a|i|N-arcd L-Mt was niatic induced us •'> an. Wc liid [ iiisiste«l that \ .iittllcl liad, : between tin: a, now a part xtetuird then can." id the Imund- tociiy Moun- Hlh parallel, o which, au d title. We rrilori/ tmulh trfecl right" Again, "after iRlhehound- Hvo LDunlrics iinr nhouid ly there was lory north oi uruc, will be ■c«|nire, from ct the forlif- )ii, due west, II the torrito- rd of the said ' teti-itoviet nf '» tiaid ten'i- y underatooil, ten, orwest- tend to tiefinr mt reterenev Mr. HiicEHi: inquired if the extract rcadreicrrcd to u period licforc we acquired tlie tipanihh title * Mr. Bkhhikk. It dooH, and I have so Btatcd. I have not overlooked that fuct ; and it is my purpose, aa aoon as I have tiniHhed the referenccii which I profMMie lo suliniit, to consider how far that circuinstauce aflfecls the view which I am taking. At prcHcnt I pumuc the course of remark which I had pre.icrilied to niyaelf. IV (iw, sir, here is the propoKul in form, submitted liy our I'lenipolentiaries, to make the arl onli/ nfth'' vniinlvti to which ihr I'nitrd Htatos ilcny the claim nf (ireiU liritain, and which lies within the siiine Ulilodcs ai their territories i-a.sl of the Stony Mountains ; thus also implying the exclusion of their ell i/,eii» from the trade of the northwest coast ol Aincrif.a, (north of 4'.», ) which ilic\ have enjoyed without interriiplioii for a number of )cars, and as early astlu: British." This answer is conveyed in an unoHlcial note, which is staled to have liccn drawn up for the pur|K)se of possessing the British Plenipotentiaries of some oi the views of the American Pieniiioteiitiarics before the next meeting, «Vc. And now, fir, what arc those views > The British Plenipotentiaries had proimsed an agree- ment for iht'jiiini orcu/iniici/ of a portion nf the lerrilnry, noiilh of fcrty-ninc. The .\inerican Plenipotentiaries answer, no- We caniiolagree to that ; it would !>« to throw iido rnmmon ifnck the only imrt nf the counlri/ to iihich nr deny i/otir claim, and imply an exclusion of our citizens from the light to trade in the remain- der. They propose to extend the joint occupancy to the whole territory, .ind submit a proposal which, with some niodificaliuns^ was ultimately adopted, and conulitutea part of the convention of 1818. lO m 1 f'1 And now, air, as to the matt«r auggestsd by the Senator from IHinois, (Mr. 6 REESE,) which, in the order I had prescribed to myself, I h^d proposed at this stage of the argument to consider. These limitations of our claim were made be- fore the Florida treaty had transferred to us '< the rights, claims, and pretensions" of Spain. Does that fact diminish the force of the argument I have presented to the Senate ? I apprehend not. The answers to the suggestion are twofold, and have, I doubt not, occurred to those who hear me. 1. We were already, at the time when we so limited our claim, in possession of the French claim, and of our own, founded on the discovery and exploration of Gray, and the exploration of Clarke and Lewis. The foimer, or French claim, is considered by some Senators as the most valid which we now possess, and was urged by our Plenipotentiaries in .the negotiation which we have been examining. The latter, founded on the discovery and exploration of the Columbia, has been always confidently relied upon by our Government. Both of them extended far beyond the 49th parallel. The head-waters of the Columbia were very little south of the Russian boundary ; and as to the French claim, if it could be maintained, and if the treaty of l.'trecht was not executed, as is asserted, it was ditKcuit to limit it, if we had not done so by our treaty with Russia, which was not (hen in ex- istence. Notwithstanding this, our Government thought it right to limit our claim, as we have seen. 2. The second answer is yet more decisive. In the interval between 1818 and 1824, we acquired the Spanish title by the Florida treaty; and yet this same Umita- tion was continued, and reiterated in 1824, 1826, and in 1842). I do not trouble the Senate with reading (he documents to prove this, but content myself with refer- ring to them. The offer of our Government in 1824, conforming to this Umitatton, will be found in Ex. doc. 182.5-'6, doc. 65, p. 12. lyir. Adams authorized Mr. Rush to limit the claim to 49°, and he did so. — lb. p. 24. In 1826, this offer was renewed by Mt. Gallatin with an addition. — State papers, I827-'S, doc. 199, p. 41. The proposition in I84.'i is before us. Mr. President, I suppose I have now established my first proposition, which was. that from the earliest stage of this controversy down to a very recent period, we have ourselves, and of our own accord, affixed a limit to our claim, beyond which we have not denied that of Great Britain. • I proceed to the consideration of the second, which was, that — 2. Our several claims, whether derived from France or Spain, from our own dis- covery, or from contiguity, nil concur to recommend the limit so adopted by our pre decessors as a general basis mi which this controversy may be equitably and honor- ably adjusted. Our several claims to territory on the northwest coast are derived — 1. From rnntigriity. — I hear it said that, however this may be urged as suggest- ing a convenient mode of adjustment, yet it cannot be relied upon as a source of title ; that there is no philosophy in the principle which it aseerts. I do not concur in this opinion. On the contrary, as applied to a question such as that we are considering, the right to occupy vacant, unappropriated territory, it ic, in my judgment, tha strongest source of title. If we were, in point of fact, so pent up on the eastern side of the Rocky Mountains as tn be under the necessity of seeking an outlet for our superabundant population by passing into these western wilds, the course, the path of emigration for us, . would naturally be over our own boundary, instead nt ascending into the territory of Great Britain to pass over theirs. American citizens and British subjects would thus hmit themselves by their boundary east of the moun- tains, in their entrance into the new territory ; and why should they not continue lo respect the boundary thus established by the circumstances of their migration ^ It would seem reasonable that they should do so ; and right reason cannot be incon- sistent with true philosophy. At any rate, so far as contiguity may constitute a claim, to be matured into title, it recommends the limitation adopted by our prede- cessors. 11 and was 2. From the diteovery and exploration of the Columbia by Gray, and the ex- ploration by Lewis and Clarke — I do not think this claim invalidated by the feet that Gray was a private citizen, punuing bin own adventures, and not acting under the authority ot his Government. He was an American citizen. The flag of the United Btatea floated over his vest^^l. The protection of his country accoippanied him in all his lawful pu'wiuits. Disk*overy gave rights. To whom did these enure ' To him as an individual, or to his country * I think there can be no hesitation in saying to the lat'^r. Nor do I suppose that the value of the settlement made at th; mouth of the Co- lumbia IS destroyed by the fact that many, it may be most, of the company making it were foreigners. It oUtfices that it was a company formed in the United States -, that it had its origin in American enterprise ; its shipments were from the United States, and there the returns of its adventures were to be made ; that it was sus- tained by American capital ; that he who planned it, directed it, and sustained it, was an American citizen, and that so also was its chief agent ; and, flnaily, that the settlement made by that company, captured during the war oy Great Britain, was, in the terms of the treaty of peace, restored as an American post. I take it for granted, then, that the discovery of the mouth uf the Columbia by Gray, its exploration from its source to its mouth by Lewii:< and Clarke, and the settlements made on its banks, gave such a title as can be given by the discovery and exploration of a river in a voyage made under the authority of Government. Then comes the question, what is the extent of territory which may be so claimed ' The usage of nations would extend it to the valley of the river through which it flows, perhaps ascending to its source. This would give us but a comparatively small territory on the Pacific, if the face ot the country be correctly represented by the various maps ; for, l)etween the Columbia and the'Pacific, there intervenes a ' ng range of mountains, which limit the valley of the Columbia, and on their western side appear to form the eastern boundary of another valley, through which Frazer's river empties itself into the ocean. However clear, therefore, the title which the discovery and exploration of the Columbia and settlement en its banks might give, the extent of the territory so acquired would be a mooted queKtion. It may be that these considerations, and, if not, others which were deemed sufficiently important, induced our Secrcaiy to direct the American Plenipotentiary to limit our claim as derived from this source to the 49th parallel; and he did so limit it, thus strengthening it by connecting it with the principle of contiguity, and making it coincide with the limit indicated by our other claims. 3. From the French claim. — 1 hear it said on this floor that this is to be con- sidered as our strongest claim. I do not think so. I 8up|)ose, argnmenti gratia, that the 10th article of the treaty of Utrecht was executed by the appointment of commissaries, who did within the year what tbry were required to do, namely, "determine the limit between the boy of Hudson and the places appertaining to the French;" and further, as Mr. Monroe writes, that they "fixed the northera boundary of Canada and Louisiana by a line beginning on the Atlantic, at a capo or promontory in h8° 30' norAi latitude ; thence suuthwest to Iiake M istissin ; thence further southwest to latitude 49° r -''-, and along that Une indefinitely" — all which is disputed, and concerning wLi^n the purpose of this argument does not require me to express any opinion. Still, conceding all this, it is to be observed — 1. That the term "indefinitely" must be interpreted so far west as the territories ot the parties extended, for beyond this they could not stipulate. NeRher Great Britain nor Franco had territories west of the Rocky Mountains. They had both made gran'v to the Pacific by virtue of their settlements on the Atlantic, claiming that they were authorized to extend these across the continent ; but the common sense of mankind, they themselves acquiescing, has placed this pretension en the same platform with the title of Spain and Portugal under the bull of the Pope, whether this was viewed as an act of GoiVs vicegerent on eartli, or, according to a more modern and fanciful interpretation, as a treaty between Spain and Portugal by the intermediation of his Holiness. 2. It hsN been sometimes supposed that France could make a claim to the Pacific, 12 by giving wcatem extent to Louisiana ; liut thio could not be. i^bc claimed Lou- isiana by virtue of her exploration of the Mississifipi, and the eutablishinent of potitfl and settlerncntii on its banks ; and this ncccstMiriiy limited her ciaiui lo the vaUei/ of the Mimiissippi — of courso terminating on this aide of the Kucky MountaiuH. It was 80 iiriiited by France herself. In the charter tu C'ruzat, (un extract of which is in Mr. Urccnhow's book, which I have found a very useful work,) "all the ter- ritories by ua (Franco) possesticd, and bounded by INew Mexico, and by those of the ' English in Carohna, all the cstabUshmcnts, portti, harborii, rivers, and cs|)ecially * the port and harbor of Dauphin Island, formerly called Massacre Island, tlie river * 8t. Louis, formerly called Mississippi, from the sea-shure tu the Illinois, togelhrr ' with the rivrr 8t. Philip, formerly called the Missouri, and llu-. M. Jerome, formerly ' called the Wabash, (the Ohio,) with all the countriet, terriUiriis, lakes in the land, ' and thcriversemptying directly or indirectly intolhnt |tind it, that we I» i must lake possession of >he country, exercise exclusive jurLsdiction over it, and require the British subjects wliom we find there to transfer their allegiance to us, or expel them from the territory. I think this is the unavoidable consequence of the qtep which it is proposed to us now to take ; and, having taken it, I do nut peiceive how we can recede from it, without the imputation of having avowed a determina- tion which we had not the spirit or the means to carry into ellect. This will be rendered the more incumbent, because, at the instant of the termi- nation of the convention, the British possession, which is now our possession also, wUl then become adverse, and will commence to run against us ; and, if permitted to continue, will give them a title which we ma) not thereafter dispute. As I think no one who hears me belisvpsthattireat Britain will voluntarily abandon her posses- sion, the expulsion must he by force, and the act of aggression ours. '2. Our position will be changed, and new duties will l>e imposed upon us, from the moment the notice is given. Are we to remain inactive after notifying to Great Britain our determination to annul this convention * We hope that a compromise will be ertected : if it is not, we know that war must he the consequence. Do we mean that the expiration of the term of notice shall find this country in its present ileienffless condition ^ Having announced to (treat Britain our determination then to assert, peaceably or forcibly, according as she yields or resists, our claim to the whole territory ; knowing that she has already put on her armor, and is even now in a complete state of preparation, do we mean to suffer the intervening period to be passed in inaction ^ I trust not. However strong our hopes of compromise may be, it will not be considered prudent, in reliance upon them, to abstain from putting the country in a stale of defence. The spectacle of our inactivity, and conse- quent inability to execute our purposes, will not tend to realize our hopes. If (jireat Britain is to he operated upon by this notice ; if, as gentlemen jiuppose, it is to stimulate her to renewed eflbrts for the adjustment of this contr)versy, such a result could only be produced by showing that we are jjreparing for tUt alternative which the failure to com|)romise will present to us. Well, then, our preparations must commence immedintely after giving the notice. We must at once begin the work of putting the country in a state of defence, and providing the firiancial re- sources which the occasion may recpiire. Are gentlemen willing to do this ' Are they willing to vote for the expenditure of the millions which will be necessary for that purpose > If not now, how long will they wail in expectation -if com- promise before they begin ' The advocates for this notice may be divided into two classes : 1. Those who Iwlieve our title to the whole territory is unquestionable, who are unwiUing to yield any portion of it by compromise, and who wre in favor of notice, because it will place them in a position to assert our rights by force if Great Britain does not yield them. Their course is intelligible to me. I can understand why they should advo- cate this measure. 2. That of the other cl;>ss is not so obvious to me. They are desirous of com- promise, and bi lieve that this notice will lend to produce it. This belief is with them so strong that they are willing, in reliance upon it, to hazard the conse- quences which must inevitably attend a fni'ure. Will this notice facilitate adjustment * It is said that both parties, seeing the necessity of HOttiing the controversy within the time limited, will resume the nego- tiation with a determination to bring it to a successful issue, looking to the conse- quences of their failure to do so. The piojiosition i", that the negotiation will be speeded by a fear of thes*; consequences ^ that the certainty of the collision which will result at the expiration of the twelve months, if the question is not amicably settled, will quicken the movements of the negotiators. Will it produce this effect upon our own Government ' Will it excite their fears and prompt them to meas- ures of conciliation, which fhey would not otherwise propose' If not, how is it lik«ly to stimulate the Government of (treat Britain ' I see no just ground to hojw that it can have any coiiHIiulory influence Who will take the first step > The intercourse of diplomatists is ven more fastidious than that of individnals, and the latter is siiMiciently so, Tne state of ■ 14 the negotiation is einbarrasAiug. Each party has made and rejected an ofier, but ours, which was latest, was instantly withdrawn. After \hi* came the offer of arbitration, in a note remarkable tor its conciiiaiory spirit. That, too, was rejected, under circumstances which, even if rejertioc had been necessar)*, I could wish had been different. Thus the allair stands as between the negctii.urs. The declara- tion of Sir Robert P«>el, in the British Parliament, the only mode of communication perhaps which was left to him, considering ttif withdra val of our offers, and the note which accornpanied it, may be considered aj tm advance. Will our Govern- ment, then, iii conuequence of this intimation, (uc( the fir«t step ' And, if so, why not without this notice ? If, of two in'lividuals engaged in a controversy, one says to the other simply, " here id a propo-il lor the adjustment of our dispute" — it IK .eceived, considered, and decided r.u >,« merit* ; but, if headds, "if you do not accept this in a prebcribed timO; looii to the consequences," the proposal k- rejected, and the consequences defied. Will the British Government take the first step after this notice is given ! They will hav" btji'ore iliet;! the message of the President, distinctly indicating a deter- mination to take p>>s;ie6sion of the whole territory as soon as the notice expires. They will /ecui to their own rejected offer, to the withdrawal of ours, to the rejec- tion, siso, i)f their offer of arbitiation. He who calculates upon a movement from Great Britain under such circumstances, must, it seems to me, rely upon her acting under the influence of fear. ,He cannot ex[)ect to picduce by it a spirit of concilia- tion. Let us change places with the British Government in this controversy, and judge what they will do, by considering what we would do ourselves. The right to give this notice, I presume, rests with the (jueen, as the sole depositary of the treaty-making power. It is not, therefore, probable that Parliament will interfere in advance. But, for the sake of the illustration, suppose a joint resolution, similar to the one under consideration, had been adopted by the Lords and Commons, and had been approved by the Queen, and that, in its progress through the two Houses of Parliament, it had produced such a debate as has, in fact, occurred here ; that we had been the objects of denunciation and menace — would it have alarmed the fears, or would it have excited the indignation of the American Governn ^' '>t and people ? Would it have increased your disposition to conciliation ' I think uo one who hears me will answer this last question affirmatively. Whatever other feeling it might have excited, it would not have rendered us more placable, more disposed to yii^ld a point in controversy. The Britiiih Government is conducted by men having like feelings and passioiis as ourselves, sharing with us the infirmities of our common nature. In the face of denunciation and menace, will they come to us with renewed offers of conciliation and peace ^ Do we hope to o[)erate upon their fears ^ Or do we attribute to them a magnanimity which will prompt them to over- look every other consideration in their desire to manifest a spirit of conciliation * Sir, this resolution, based as it is on the message of the President, is a distinct in- timation to Groat Britain that this matter must be settled, and in a manner which will be acceptable to ua, within the twelvemonth, or that, at the expiration of that time, we will take forcible possession of the whole country. Her forbearance and love of peace must be much greater than that which we shall manifest in ptssing it, or she will put us to the alternative which we indicate perhaps much soon . m we require. Ah an inducement to autiiorize this notice, we are told that the views of the Pr!sident are pacific — that he desires to possess the authority merely as a moral weapon, by the use of which he will give peace to the country, without yielding its rights or sacrificing its honor. Notwithstanding hia reiterated declarations that Great Britain has no claim to any portion of Oregon — that our right to the whole is unquestionable — that it cannot be abandoned without a sacrifice of national interest and national honor, still the Senator from North Carolina ^Mr. Hatwood) tells us the President is waiting at the open door of his Cabinet, ready to adjust this con- troversy, and to preserve the p«tu:e of the country. Ha^ ? By doing what he haa himself said would be a sacrifice of our intercat and onr honor — by dividing, in the spirit of compromise, what he haa bimaelf dcclued to be impartible P Sir, even ■'i i , \ Iff with the aid of the Senator's optics, I cannot see him there. If these things were true, I would tie sorry to do so. But these assurances of the Senator fr'^m North Carolina are as stoutly denied, as they are confidently made, by the Senators from Ohio, Indiana, and Illinois, (Messrs. Allen, Hannegan, and Bbkese.) If gentlemen have any peculiar means of ascertaining the views of the President, of these, of course, I cannot spaak. If they rely exclusively on the documents before us, then their respective inferences are open to observation; and I am constrained to say that, while the remarks of the Senator from North Carolina were gratifying to me in so far as they were expres- sive of his own patriotic and peaceful views and feelings, the argument in relation to the views of the President, as these are to be inferred from his message, in my judgment is clearly with his opponents. Why, sir, after a narrative of the recent negotiation, the President, as if he deemed it necessary to apologize for the attempt which he had made to adjust it, by yielding a portion of the territory, tells us that, in deference to the opinions of his predecessors, in consideration that propositions of compromise had lieen thrice made by them, and that the pending negotiation had been commenced in the spirit of compromise, he deemed it to be his duty "not ubruptly to break it oif." There was nothing in these considerations which re- quired a prolonged effort for adjustment. 'J'he negotiation might be broken of, but not '* abruptly." I confess, sir, this seems to me rather an inauspicious opening to the annunciation of pacific intentions. The President proceeds to put beyond the pale of negotiation one of the points in controversy, by expressing in strong terms his unwilhngness to concede to a foreign Power "the free navigation of any of our rivers, through the heart of our country;" and then tells us that the demands of Great Britain were so extraordinary and so wholly inadmiesible, as, with the re- jertion of his proposal, aflbrded " satisfactory evidence that no compromise which the United States ought to accept can be effected ,•" that •• with this conviction," he had withdrawn the offer which he had made, " asserted our title to the whole Oregon territory" and maintained it by " irrefragable facts and arguments." Ill this state of things, the negotiation having failed and been broken ofT, the President appeals to the civilized world to relieve us from the responsibility of its ftiilure ; and then, reiterating the declaration that all attempts at compromise had tiiiled, he turns to Congress, and calls upon them to consider what measures are pro[)er for the protection of our citizens, " and for the r "•ntenance of our just title to thrt territory." While the notice is nmning to maturity, he very properly ad- vises that the stipulations of the convention of 1818 should not be violated. But all things have an end ; and when the year has expired, he tells us .i. 't " we shall have reached a period when the national rights in Oregon must either be aban- dtmed or firmly maintained." He adds, what all will admit, that in such a state of things they cannot be abandoned. *rhe alternative is, that they must be firmly, if need be, forcibly, maintained. And to this alternative this notice is to bring us. Add to this the following declaration in the same message : ** Existing rights of every European nation should be respected ; but it is due alike to our safety, and our iritereBts, that the efficient protection of our laws should be extended over vur whole territorial limits, and that it should be distinctly an- nounced to the world as our settled policy, that no future European colony or do- minion shall, with our consent, be planted or established on any part of the North American continent." He had previously declared "that the British pretensions of title con\d not be maintained to any portion of Oregon ;" that tlie whole of Oregon was oun. They, consequently, have no "existing rights" there which are to be respected, and (all tlierefore within the sweeping inliibition to plant a colony on that part of this con- tinent. Now, if any Senator can perceive, in the views and opinions thus declared and expressed, any thing which looks to the peaceful adjustment of this controversy, he has keener optics and a livelier imagination than I can boast. No, sir ; if the Presi- dent may be allowed to speak for himself, he is not waiting in peaceful mood at the open door of his Cabinet. He is here, in this chamber, bearing the insignia of his 16 ofTice, sternly asserting the right of the United States to the whole territory of Ore- gon, and calling upon us to Airnisb him with the means of maintaining it. The Senator from South Carolina (Mr. Calhoun) concurring in the view which I have taken of the President's message, at least to this extent, that it indicates no disposition to compromise this controvenj, thinks nevertheless that his views may .have changed in consequence of the development of public opinion here and on the other side of the Atlantic, and that there may be less objection now than heretofore, in giving this notice in a modified form. But if this be so, ought we to be kept in ignorance of it } To be left to rumor, or to decide between the conflicting opinions of the political friends of the President in this chamber ? If be recommended this notice upon a state of facts which no longer exists, and under the influence of views which he has ceased to entertain, ought the measuie now tn be pressed upon us ? If it is, should that incline any Senator to yield his objections to, and vote for it } The Sen- ator from South Carolina is too good a logician not to see that these premi es do not lead to this conclusion. If the motive which induced the recommendation of the President no longer exists, that is a reason why the recommendation should be with- drawn or not pressed. Censante ralione, cessiU et puslulatum. But, surely, it can afford no inducement to those who have been all along opposed to it, to relinquish that opposition. For myself, I have not seen the evidence of this change; and, if it could legitimately influence my vote, I do not think that rumor or conjecture as to the views of the President is a sufficient ground for the action of the-Snnate of the United States. We have had a host of rumors during the pendency of this discussion here and in the House of Representatives, and some of them have appeared very oppor- tunely, but they have passed away with the occasion which they served. If we should authorize this notice, relying upon the change which is alleged to have taken place in the views of the President, and his disposition to use it as a nutral weapon, which the Senator from North Carolina supposes he will do, if in the event it should ap- pear that he retains all his opinions unchanged, and that his sense of duty impels him to use it for the purpose for which he originally recommended it, to put us as speedily as possible in a condition for the firm and forcible maintenance of our right to the whole of Oregon, what have wo to say ? Shall we tell him he has perverted the authority we have given to a purpose for which we did not give it ; and may he not refer us to his official and unchanged expression of his views and opinions, as the only evidence of them which he had authenticated ' — the only one to which we bad a right to refer ) Sir, I desire earnestly to see this controversy adjusted, as I believe it may, and ought to be, honorably to both parties, and conaisfenf ly with the rights of the United States. If any man can show me that the proposed notice, either in its naked or in its modified form, will conduce to that resul^, I will willingly vote for it. That evi- dence has, however, not yet been afforded me. Meantime, I can cheerfully vote for the amendment proposed by my colleague. If notice must lie given, this may serve to ditest it of some of its noxious influence. For the rest, I hold myself open to conviction, and will give my vote according to my liest judgment of what the interest and the honor of the country, and the obligations which rest upon us as an enlightened and Christian people, may dema My own judgment, I confess, is, that all those considerations unite to recommend n pcstponement of the further consideration of the subject, to some day in the present session, which would afford an opportunity for the renewal of the negotiation unincumbered by this notice, and under the favorable itifluen';es produced by the manifestation of public opinion, both here and in Great Britain ; and which would yet leave us time before ou; adjournment to make such provision, in the event of its failure, as the occasion would require. But I submit no motion on this subject. I content myself with having presented my views to the Senate, and will not further prolong this discussion. I feel deeply the importance of the occasion, and have earnestly desired to discharge my duty to the country, and especially to my own constituents, to whom this question is so full of interest — to dinchiirge it faithfully, fearlessly, yet with perfect resjiect and good will to those who dirter '•om me. lory of Oi»- it. view which indicates no s views may B and on the 1 heretofore, } be liept in ; opinions of d this notice views which s > If it is, } The Sen- ni ea Jo not ition of the ukl be with- iirely, it can linquish that 1, if it could ire as to the f the United luasion here very oppor- [f we should ten place in ipon, which t should ap- impels him J as speedily right to the erverted the may he not ions, as the lich we had t may, and 'the United naked or in Thatevi- illy vote for 3 may serve jif open to the interest enlightened lat all those ation of the ortunity for le favorable id in Great make such [ submit no lews to the importance •untry, and ntereal — to > those who