\9 V^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 ltt|21 Itt m m 3 22 2.0 I I— l ii i M WA U BI.6 6" FhologFephic Sdmoes Carporation 33 WBT MAM STRUT WHSTM,N.Y. 14510 (71«)t72-4S03 CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductiont / Inatitut Canadian de microraproductions historiquaa Technical and Bibliographic Notas/Notos tachniquas *t bibliographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua, which may altar any of tha imagaa in tha raproduction, or which may aignificantly changa tha uauai mathod of filming, ara chackad balow. D D D D D D Colourad covara/ Couvartura da coulaur I I Covara damagad/ Couvartura andommagAa Covara raatorad and/or laminatad/ Couvartura raataurte at/ou pailicuMa I I Covar titia misaing/ La titra da couvartura manqua [~~1 Colourad mapa/ Cartaa gtographiquas aiv coulaur □ Colourad in*' (l.a. othar than biua or black)/ Encra da c jiaur (i.a. autra qua blaua ou noira) I I Colourad plataa and/or iiiuatrationa/ Planchaa at/ou iiiuatrationa an coulaur Bound with othar matarial/ Rail* avac d'autraa documanta Tight binding may cauaa ahadowa or diatortion along intarior margin/ La re liura aarr6e paut cauaar da I'ombra ou da la diatortion la long da la marga intiriaura Blank laavaa addad during raatoration may appaar within tha taxt. Whanavar poaaibia, thaaa hava baan omittad from filming/ 11 aa paut qua cartalnaa pagaa blanchaa aJoutAaa lora d'una raatauration apparaiaaant dana la taxta. mala, loraqua cala 4tait poaaibia, caa pagaa n'ont paa 6t§ filmAaa. Additional commanta:/ Commantairas supplAmantalraa: L'inatitut a mIcrofilmA la maiNaur axamplaira qu'ii lui a 4tA poaaibia da aa procurar. Laa d4taila da cat axamplaira qui aont paut-#tra uniquaa du point da vua bibiiographiqua. qui pauvant modifiai' una imaga raproduita, ou qui pauvant axigar una modification dana la mAthoda normaia da fiimaga aont indlqute ci-daaaoua. Thi tol I I Colourad pagaa/ D Pagaa da coulaur Pagaa damagad/ Pagaa andommagAaa Pagaa raatorad and/oi Pagaa raataurAaa at/ou palHcuMaa I — I Pagaa damagad/ I — I Pagaa raatorad and/or laminatad/ /I Pagaa diacolourad. atainad or foxsd/ ' Pagaa dAcoiortea. tachattea ou piquAaa Th< poi oft filn Ori bat th« aio otii fin aio or □Pagaa datached/ Pagaa ditachtea 0Showthrough/ Tranaparanca Tranaparanca Quality of print variaa/ QualltA InAgala da I'ir praaaion Includaa aupplamantary matarial/ Comprand du material auppMmantaira Only adition availabia/ Saula Adition diaponibia Th( ahi TIP w^ Ml dif am ba rig rai m« Pagaa wholly or partially obacurad by arrata alipa, tiaauaa. ate. hava baan rafilmad to anaura tha bast poaaibia imaga/ Laa pagaa totalamant ou partiallamant obscurciaa par un fauillat d 'arrata. una palura. ate. ont M filmAaa i nouvaau da fa^on A obtanir la maillaura imaga poaaibia. Thia itam is filmad at tha reduction ratio chackad balow/ Ca document aat film* au *aux da reduction indiquA ci-daaaoua. 10X 14X 18X ax 26X 30X J 12X ItX 2DX 24X 32X Th« copy filmMl bar* Hm lM«n reproduced thank* to tho gonorotity of: Library Diwnion Provincial ArcMvat of British Columbia L'oxomploiro filmA f ut roproduit grico A la g4n*roaitA da: Library Division Provincial Archives of British Coiumbidi Tha imagaa appaaring hara ara tha baat quality posaibia conaidaring tha condition and laglbility of tha original copy and in Icaaping with tha filming contract apacification*. Laa imagaa auhrantaa ont 4tA raproduitaa avac la plua grand aoin. compta tanu da la condition at da la nattat* da raxamplaira filmA. at mn conformiti avac laa conditiona du contrat da fiiniaga. Original copiaa in printad papar covara ara filmad beginning with tha front covar and ending on tha laat page with a printad or iiiuatratad imprea- aion, or the back cover when appropriate. All other originei copiea are filmed beginning on the f irat page wKh a printed or iiiuatratad impraa- aion. and ending on the laat page with a printad or iiiuatratad impraaaion. Lee exemplairaa originaux dont la couverture en papier eat imprimAe aont f ilmte 1% commen^ant par la premier plat at en terminant aoit par la darnlAre page qui comporte une empreinte d'impreaaion ou d'iiluatration, aoit par la aacond plat, aalon le caa. Tou* lea autrea exemplairaa originaux aont filmAa an commengant par la pramlAre page qui comporte une empreinte d'impreaaion ou d'illuatration at en terminant par la darniire page qui comporte une telle empreinte. The laat recorded frame on each microfiche alMili contain tha aymboi ^-^ (meaning "CON- TINUED"), or the symbol y (meaning "END"), whichever applies. Un des symboles suivants apparaltra sur la darniire image de cheque microficiie. selon le cas: la symbole — ^ signifie "A SUIVRE". le symbole ▼ signifie "FIN". Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc.. peuvent Atre filmte i des taux de reduction diffArents. Lorsque le document est trop grand pour Atra reproduit en un seul clichA. il est f ilmA i partir da I'angle supAriaur gauche, de gauche A droita, at de haut an Ims. en prenant le nombre d'imagas nAcessaira. Las diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 %0f iif> 1 ^^ "ozthwest ■« ' ''^M wise ' . "i'SHRM-'-' J. • 1 • \. ■% i-: .&:, :-:,^. ■■ ■ -f- ..,-,,'.* •»., SPEECH or II MR. ROCKWELL, OF CONNECTICUT, ON THE OREGON QUESTION. Delivered in the House of Representatives, U. S., January 16, 1846. The Houae being in Committee of the Whole, and having under consideration the joint i lution reported from the Committee on Foreign Affairs, directing the President to give notice to Great Britain that the United States will terminate tlie convention between the two Govern mcnts, providing for the joint occupation of the Oregon territory, at the expiration of twelve months — Mr. ROCKWELL, of Connecticut, having obtained the floor, said — Mr. \^H airman: I have been desirous of addressing the committee on the exceedingly important question before them , from the interest which I take in the decision , and because a portion of those whom I represent here feel an interest still deeper and more vital than my own . The district which I am honored by representing on this floor, with only one exception, is more extensively engaged in the whale fishery than any in this country. There are more than one hundred and twenty ships anct barques now engaged in that fishery from that district, all at sea, and most of them expected not to return in less than one, two, or three years. The- property thus at risk is about four millions of dollars, almost the whole of which would be cut off* in case of a war with Great Britain. My con- stituents naturally feel a deep interest in this question. I have before me a petition from New London, with the exception of New Bedford, the most extensively engaged in the whale fishery of any port in this country or Eu- rope, forwarded me by a former valued member of this House, (Mr. Wil- liams,) extensively signed, without distinction of party, by the citizens of that place, ui^ing upon Congress to adopt early measures for the amicable settlement, by negotiation, arbitration, or some other mode, of this vexed question ; and this very morning I have received, from a friend at Stonington^ a letter from which 1 will read some extracts: " From Mystic and Stonington, 44 ships, 13,597 tons — 1,300 men employed *, capacity of all, 115,000 barrels. My impression is, that three-fourths of the above ships and oulAts are ownM by tlie citizens of Stonington and Mystic, and that they are paid for. Say five or six mav b« expected home next spring ; the balance in one, two, and tnree years. These shijps ana the dwellings we occupy constitute the bulk of all the property we have. In tlie event or war, c*u shins would cei tainly be exposed, and, as to our dwellings, a steam-ship might enter our harbot and bum every building in our village in two hours. This being our situation, you must not be surprised at our anxiety to have on honorable and peaceable settlement of the Oregon, and all other questions which, if not settled, might lead to war." " We shall hope for the best, and patiently wait the result. Should war come, and we be robbed of all our property, we think w« should be found as serviceable in defending our cotuiiry as the gentlemen in Congress who talk ao of much spilling their last drop of blood." And SO I think, Mr. Chairman. I assure gentlemen that if, by the un- wise counsels prevailing with the Administration, or the reckless policy ia- J fc G. S. Oideou, printen. 1 • ' u. dicated by the majority in this House; the country should be involved in a war, and they be robbed of their property, they will fight ut least as faillifully in defence of their country as the moat valiant on this floor. (Mr. Johnson, of Tennessee, and others — I hope it will prove so.) I knoto it will, sir. They are not a timid people. Their courage and patriotism have been shewn in repealed instances. There are some points on which we all seem to be agreed . All profess themselves very desirous of je>eac«i. There is not, professedly, an advocate for war. Those who advocate the notice, say they do it because it is a peace measure; and those who oppose it, do so because they wish to avoid A war. We are also all exceedingly patriotic, and all unite in the very un- necessary declaration, that, if we are brought into a war, whether by the wisdom or folly of the Administration, we will defend the country. This patriotism is of the very cheapest kind, and these declarations are very harm- less, as the probability is, that the blood which is to be shed will come from the veins of others, and not of them. They may do the talking, but others will do the fighting. And, in relation to our claim of the title to the terri- tory, I agree with others in saying, that I think our claim is the best claim to that country; and if I thought otherwise, I should not be inclined to per- form the ungracious task of pointing out the defects of our own title. In our private affairs, we never feel called upon to proclaim a flaw in our title deeds, if any exists. Such defects are soon enough detected, by our vigi- lant and acute antagonists. Nor is this a party question. Gentlemen on both sides of the House Adopt different sides of the question. It is one of such paramount import- ance, and on which the future destiny of the country so much depends, that it would be deplorable to have it a subject of mere party warfare. For my own part, sir, '*I osk not whence the wind cometh, but whither it go- «th," and if any measure proceeds from honorable gentlemen on the other ^side of the House, which lias for its object the public good, the preservation »of ihe honor and peace of the country, ''my bark is ready." On a fonaer occasion, in the discussion of this question, a very distin- guished gentleman lecommended a "wise and masterly inactivity," the 'wisdom of doing nothing. It was a happy remark, made, I believe, at an «arlier period, by Mr. John Randolph, in a debate in this House, and, be- fore him, by Mr. Burke. And for my own part, sir, I not only think the re- mark a happy one, but, at the time it was made, it pointed out the true policy of the country. It was unwise even to have (imitated this question at that (time, by any movement of our own. No difficulties whatever had ari- sen in the country — no collisions or controversies of any kind. Our own people, in considerable numbers, were setdingthe country, and, at the same time, setding the question in our favor. Indeed, the question was settling itself. The patriarchal method, so highly lauded by the chairman of the Committee on Foreign Affairs, was undoubtedly the best policy. 1 thought the honorable chairman was somewhat inconsistent in the suggestions of the benefits arising from the occupation of the country by the women and chil- dren, the flocks and the herds, and the two millions of Chinese, which, fa- cetiously, I doubt not, although with a grave face, he said, would occupy imd till the country in two years from this time; and at the same time re- commending measures which would bring this question to a very sudden and perhaps hostile issue. He quoted from Shakspeare. There is an older ^md higher authority, which says <'be fruitful ana multiply, and replenish I distin- ," the , at an of the 4he earth, and subdue it.^^ Now, the just construction of this command, accompanied witii a blessing, is, that our great progenitor, and his ]X)stciity, should subdue t/ie cart/i; a[\ou\d turn tiie subsequent curse into a blessing; should overthrow the ''thorns, aLo, and the thistles," and with the sweat of their face should cat their bread, and earn it too; should bring into sub- jection and under the dominion of Adam's posterity, that 'ground that was cursed for his sake. But the idea which my honorable friend seems to have is, that these women, and children, and Chinese, must subdue the people already there. But although, Mr. Chairman , this iVioc^tt^i/y-policy was doubtless our true policy, it is no longer so. Although prtcipUancy , of all things, is to be most avoided, any long delay ^m setding this question, is exceed- ingly dangerous; we wish no hasty action, and as little any long postpone- ment of the question. The ditlicully in question should be at once com- promised — negotiations ought to be resumed. I care not by whom the pro- position to resume the negotiation is first made. So long as the real honor •of the country is not compromised, it is unmanly triHing, for either party to risk a war 4ipon some punctilio of diplomatic ceremony, as to who is to uiake the first advance toward negotiation and peace. In the present excited state of the public mind, there is serious danger that the question, if left open and unsettled, will inevitably lead to a collision be tween the two Governments. It will, in the first instance, lead to a collision in Oregon; and we all know that in case of such a coUision, the death of •one person, as surely as the death of one hundred, would lead, in all proba- bility , to a war. That this result will almost certainly follow from delay, let us look with «omecare at the existing laws of G. Britain in relation to this territory, and the proposed legislation of Congress of precisely the same character. I con- sider this question of quite as much importance as the question of notice, and intimately connected with it. It is a somewhat singular fact, that the nature and provisions of the En- lish laws on this subject have been misconceived in the various diiscussions -and negotiations heretofore had. It has been taken for granted that the English statute of 1821, I and 2 Geo. 4th, extended only to British sub- jects; and that American citizens, either by express exception or impliedly, were excluded from the operations of the law. The President himself, in liis annual message, observes: " They are anxious that our laws should be extended over them, and I recommend that this be done by Congress with ns little delay as possible, in the full extent to ^vhit-h the British Par- liament have proceeded in reeard to Bntish ntbjtcts in that territory, by their act of July the se- cond, 1S21, *' for regulating tne fur trade, and esiablishing a criuiinul and civil jurisdiction wittun certain parts of North America." By this act. Great Britain extcndtd her tuws and juriadietion, civil and criminal, over her aubjertt engaged in the fur trade tn that leiritory. By il, the courls of the province of ijpper Canada were empowered to take cogniziuice of causes civil and criminal. Justices of the ])eacc and other judicial officers were authorized to be appointed in Oregon, with power to execute all process issuing from the courts of that province, and to " ek and hoW courts of record for the tri ' of criminal offences and misdemeanors," not made the subject of capital punishment; and also of civil cases, where the cause of action shall not "exceed in value the amount or sum of two hundred pounds." It is not, however, the fact, that the act of the British Parliament of 1821 , or a preceding act of 1803, 43, Geo. 3d, is confined to Briliie deemed or construed to authorize any body cor|ioiiite, company, or |>erson, to whom his Majesty may have, under the provisionr of this act. made a grant or given u license of exclusive trade with the Indians in such parts or North America, as aforesaid, to claim or exercise any such exclusive trade within the limits specified in the said article, to the prejudice or exclusion of any citizens of the said United States of America, v/ho may lie engttged in the said trade : Providcil always, that no British subject shall trade with the Indians within such limits without such grant or license as is bj- this act required." Without reading every section of this act, which I have examined with great care, I would lefer gentlemen to the act itself, and only refer to a fevr additional sections. In the sixth section, it is expressly provided that the courts in Canada: shall have full jurisdiction '^ within the Indian territory, and other parts of America not within the limits of either of the provinces of Lower or Uf^r Canada, or of any civil government of the United States." It not only embraces the entire territory, but includes all persmisin the territory. In rela- tion to contracts jthe sixth section provides,'' that all and every contract, agree- ment^ debt^ liability, and demand whatEOver^ made^ entered into^ incurred; cs- 4 ♦ imencanr Majesty V eretofore- atlention- 1 and 2y ^stablish- ncrica," iinosities tars past^ provin- h1 States IS many and con- n/^ and the first s or give with the- 1 in said he Hud- ny lands- ;ond sec- enly-one receiving ^e return trial — to irits, and re is any cd States lited State* f America^ subjects or ntion, be it } authorize provision* ch ports or the limits tid United no British le as id by led with to a few Canada. parts of »r Uj^r not only In rela- ;t,agree- Lirred; or arising within the said Indian territory/* shall be cognizable by the courts. Also, in relation to wronga and civU iuJuries,lUc suiiic section provider, that "fl'V and every wrong and injury to the person or property , renl or personal, committed or done within the same/' sbuU be cognizable in the sanio man- ner. The same act also provides for transporting all persons to Canada who resist the service of process mesne or final; also, in all civil casc8 where the amount in controversy is ^200 or upwards, and criminal cuscs, where the punishment is death or transportation. The 8lli section provides, that *'in case any person or persons whatsoever y residing or being widiin the said Indian territories,'* ^hall refuse to obey process, dec, shall be committed to custody, in order to his or their being conveyed to Upper Canada." ''And shall be conunitted to jail until the judgments and costs are paid." These proceedings ore stringent and severe in their character, especi- .ally those which piovide for trans)x>rting persons, before trial, to Can- ada. One of the meat severe of punishments precctlcs the hearing — a Jour- ney of a thousand or two miles through that wild and savage coimtry. The t>nly judicial proceedings at ull similar to these arc those of the fabled court of Rhadamanthus, the jiid^e of the infernal regions, of whom it is said •''castigat que, audit que" — -he punished first, and heard afterwards. In the 11th and 12th sections, the justices* courts are vested with full crim- inal jurisdiction in all cases, except where the punishment is death or trans- portation; nor is this jurisdiction limited to British subjects. The act of 43 Geo. 3, c. 138, passed in 1803, is extended by this act. And so far as it is not inconsistent with the act of 1821 , is still in force. But lliere is nothing in that act varying in the \ci\si the view already taken in re- lation to contracts or civil injuries. It is, indeed, provided in the 4lh sec- tion of that act, ''that if any crime or oflfence charged and proseciued under this act shall be found to have been committed by any person or persons not being a subject or subjects of his Majesty, and also within the limits of ■any colony, settlement, or territory belonging to any European State, the court before which such prosecution shall be had shall forthwith acquit such person or persons, not being such subject or subjects as aforesaid, of such chaige." But this proviso extends only to crimiual oflences and not to <:ivil causes, in relation to which there is no limitation in either act to British subjects; but, by express general terms, extends to nil persons occupying the territory described. Antl in relation to criminal oflTences, it is not only provided that they shall be foreigners, 6t// also be in a foreign "settlement," ^c, in order to be embraced in the exceptions of the statute. Such are the English statutes. Similar laws are recommended by Uie President, and have been reported to Congress by the Couuuittce on Terri- tories, and will doubtless be ])assed, extending over the same territory. Thus, we shall have two dillereut systems of laws by two diirerent CJovern- jnenis, each extending over the whole population of the same country. Bri- lish subjects are to be tried by the laws of Iowa, and American citizens are to be sent to Canada. The courts of neither country will reci^nise the de- cisions of the other. The conflict of jurisdiction in relation to Innd, the enforcing of contracts, assault and battery, OwEx,) that the company, or some of its agentij, paid to one of our citi- zens eight hundred dollars to remove from the north to the souUi side of the Columbia ! This is really a very serious aflfair, a most dangerous encroach- ment on our rights in Oregon ! But it will be a most expensive mode of retaining possession of the country north of the Columbia. They will have frequent opportunities to repeat the same ofier, and doubtless with similar success. Our people would consider this bounty for settling Oregon quite equal U) any offered by our own Government , and the emigrants to thai country would, at this rate, be so numerous, that we should need the rail- road to the Pacific which my honorable friend from Alcbama (Mr. Hil- liard) considers so very feasible a project. And this, Mr. Chairman, is the whole foundation of the — what shall I call it? — uproar in this House on the subject of the encroachments and wrongs committed by the Hudson's Bay Company and the Government of Great Britain . It reminds me of Par- tridge, in Tom Jones, whose little pig got into the enclosure of his neigh- bor. His neighbor sued him , and he was charged wiUi having entered, with a drove of swine, and broken down the fences, and trampled down the grass, and destroyed the crops, and other grievous wrongs and injuries were charged; so that Partridge declared that the lawyers made such a noise about his little pig, they would have thought him the greatest hog dealer in all llie country . ! In thus considering the oi>erations of tlie laws of the two countries over Oregon, I have occupied the time of the committee on a subject far more important, to the peace of (he country, than the question of giving the pro- posed notice, or the time and manner of giving it. Notice certainly is not necessarily a vrar measure. It was provided for in the convention itself, and might, under other circumstances, have been g^ven, without being regarded either as a measure of peace or of war. But this notice must be taken in connection with the declarations of the Presi- dent in his mcssnge, and the running commentary in this House, and else- where, by distinguished men, and by men holding distinguished positions. What is the language of the message ? "The cxtrnordiimry nnd wholljr inadmisflihle (Icmnnds of the British Government, and the rejection of the propcsiiion ninde in deference nione tn what Itad been done by my predecea- •ors, and the implieu oblization which their iictn Necmcd to impose, atford satisfactory evidence that no compronwHC which the United Stnten ought to accept can be effected. With this convic- tion, the propoNJiioM of coiitprnmisn, which had been made and rejected, was, by my direction, •ubsrquent'y withdrawn, and our title to the whole Oregon territory asserted, and, as is be- lieved, mainuiincd by irrefraj;ublc facts and urijumcnts." Again : "At the end of the yearns notice, should Congrcis think it proper to make provision for sir- ing that notice, wc nhnll have reached c period when the national rights in Oregon must either be abandoned or firmlv maintained. That they cannot be altanduned without a sacrifice of both national honor ana interest, is too clear to admit of doubt." Such is the language of the President, and immeasurably more belligerent is the Inngiiage used in Congress towards Great Britain. We should re- member the circtunstanceg under which the negotiation was broken off, that it is broken ofT, and has not been resumed . The chairman of Foreign Affairs informs us that there is no negotiation , and I learn the same from the best authority. It is in this connection that a notice is proposed to be given — a naked notice, under the express declaration that the natioiuU lights in Oregon ^^muftt be firmly mmntained;'*'' and the further declaration, that *'• no compromise which ihe United States ought to accept can be effected. ^^ Such a notice is certainly not a declaration of war, but it furnishes the most serious impediments to the resumption and prosecution of negotiation. Will Greot Britain ofler to negotiate, under such a notice ? Can she do it without sacrificing her national honor ? It thus very unnecessarily and most seriously embarrasses this embarrassing subject. But distinguished gentle- men, v^ry distinguished gentlemen, on this floor, have told us, with the most perfect coolness, that all that we have to do is to give the notice, and at the end of the year take |)ossession of the country — military possession— and for such a trilling affair as this Great Britain has no right to complain; and if she is so very unreasonable os to find fault with our just resuming our rights, and taking possession of the whole country, we will "sweep her from the continent." But they say this would not lead to war, but is de- cidedly fx peace measure ! I should like to know, sir, the modus operandi of iUis peaceable military possession. If it means that we will fill up the country, and make settlements in unoccupied portions of it, and bring the military force to subdue the hostile soil, it is a very harmless operation in- deed — is just what we are now doing under the joint convention, and al- ways have been . But if we are to take the exclusive possession of the country, what is to become of the British subjects in that territory — the fur traders, the stockade forts, the fortified posts of the Hudson's Bay Compa- ny, their armed men ? Of course, no American can doubt h\.i* that we can capture them with great ease. It would be treason to hut^jute any such doubt sist, Coulc like ll be tal globe jects that, W show that t I intries over :t far more ig the pro- rovided for have been war. But the Preai- , and else- positions. ent, and the ny predecea- r)rv evidence » mis convic- ny direction, lu, aa is be- lion for siv- I muRt either sacrifice of >elhgerent >houId re- oken off, f Foreign I from the e given — rights in tion, that }0'ectedy ishes the gotiation. m she do and most i geutle- with the tice, and session-— omplain ; esiiming veep her »ut is de- yperandi 1 up the >ring the Eition in- , and al- I of the -the fur Compa- . we can ny such doubt on this floor. But suppose they should be so unreasonable as to re- sist, and *^ave to be taken by force, and a few of lliem happen to be killed. Could a wnr be avoided ? Can gentlemen be serious in uuering languag* like this? Would Great Britain allow for one moment any sucn course to be taken with a British subject? Why, sir, there is not on the face of the globe a nation which affords such perfect and efficient protection to her sub- jects as that ppweiful nation; and it is the idlest thing possible to suppose that, under such circumstances, a war could be avoided. What, then, is our true course on this subject? I have endeavored to show that, although <' inactivity" lotis owx true policy, it is so no longer; that the Joint occupation cannot with safety long continue; that a notice, if given with merely the declarations of ihe President and his confidential friends, and other members of this House, will greatly impede, if not en- tirely prevent, negotiation, and, if followed up by military possession , lead to violence and war. Under these circumstances, in my own view, the wiser course is to authorize the Executive to give the notice, expressing upon the face of the resolution which shall authorize it, that it is done with the view of bringing the negotiation to a speed) and amicable termination of the diflferences, recommending that negotiation be renewed, and thol the matter should be settled as civilized men should settle such a question . Under these circumstances, it is my opinion, that it is more likely to lead to peace to pass such a lesolution, than to take no action on the subject. 1 shall accordingly, before I close, ofler an amendment, or rather a substi- tute for the original resolutions. All say that they desire peace. How is that to be obtained? It is not to be obtained by threatening, in a boastful strain, to sweep England from the continent, or to take Canada in ninety days, and give it Iwck, and take it again in ninety days — to drive her fleet from the ocean . It is not to be preserved by the use of abusive epithets, or repeated and unceasing attacks upon Great Britain. Much of this has, indeed, been very harmless. It has been only ridiculous. All the four-footed beasts, and creeping things, and fowls of the air, and amphibious animals, too, have figured in this debate. The poor lion is utterly destroyed , and the eagle is a most persecuted bird — the bear and the crocodile, and the serpent and tlie onaconda, have not been forgotten. In relation to the American eagle, these figurative gentle- men should have remembered that he grasps the olive branch as well as the arrows; and I hope that this emblem may not prove false by the prevalence of rash and imprudent counsels, and a thirst, an unholy thirst, for do- minion. Two other republics, one of ancient, and the other of modem times, have gone forth to battle, and to slaughter, under the auspices of tlii' .loble bird. The Roman eagle of ancient, and the French eagle of modern limes, had the arrows, but not the olive branch. Lei us take warning from their ex- ample and their fate. This unbounded appetite for conquest and territory ruined them. In the one case falling to pieces by its own weight, and in the other by an union of the whole civilized world, as against a common enemy — hostis huniani generis. The views freely expressed on this floor accord with the course of policy pursued by the French republic — like the farmer, who considered himself very moderate in his views, we only want all the land which joins us. Texas we have taken , and now we hear proposed , with apparent sin- cerity, ihat we take CaUfornia. and Mexico, and Cuba; and that we sweep all other nations from the entire continent. << An ocean-bound rMublic" will only satisfy the ambitious cravings of these gentlemen, (Mr. Dixon, and Ireland.) Yes, and Ireland, too; and some have been so valiazit as to propose to capture the island of England itself. Indeed , gentlemen declare publicly on t'us floor that the matter in controversy cannot be settled by a reference, because there is no one of all the nations of the earth but what is hostile to us. This is sheer madness. We have Mexico on our southern frontier ready to attack us at any moment when she can do so with success. The President has deemed it wise to say offensive things in relation to France, and yet, in the midst of our most serious difficulties with England > we are defying the rest of the world , and inform them that the entire conti- nent is ours. By what title I know not — by what patent, derived from the Almighty or elsewhere, I cannot imagine. I know of none but the heath- enish and absurd idea of destiny — ^^ manifest destini/!** Mr. Chairman, I think the Administration greatly in fault in the course which they have pursued on this subject. If there is the prol>ability of an amicable settlement of this matter — if there are any facts within the know- ledge of the Administration which show there will be no war, and they mean to pursue such a course as will lead to peace — why are the leaders of the Administration parly in this House and elsewhere alarming the country by these warlike indications? — why this strange accompaniment to pacific arrangements ? If there are no such facts in the knowledge of the Executive — if they do not mean to negotiate and settle this difficulty — why are the defences of the country in this misemble condition ? Are no preparations to be made for a possible collision ? Is the war to be a war of words? Why are no arrangements made for arming the fortifications — for the increase of the army, as there have been for the partial and very inadequate increase of the navy — for putting the country into a state of complete defence ? I shall re- joice to give my vote for any such measures. Any appropriation, to any amount, recommended by the Executive for these purposes, will meet with my most cordial support; and, so far as I know, that of my political asso- ciates in this House. And although I consider a war entirely unnecessary, and one which ctm come only by the worst possible management on both sides, yet thece is sufficient uanger of it to require the most active measures, and the most decided and thorough preparation. If war must come, we must and shall all stand by the country; but ''woe to that man by whom the offence cometh." In conclusion, Mr. Chairman, I will state a few words as to the course which I shall deem it proper to pursue. Although I and those whom I represent here are opposed to a war, and to all wor measures, and although we believe them wholly unnecessary, and although we shall hold responsi- ble for the war, if it come, the Administration and those who advocate and urge the adoption of these measures, it is not necessary for me to say, that, in the hour of need, Connecticut will not be found faithless. She has never been so in the hour of danger. Her patriotism, her courage, and spirit of sacrifice, have not been expended in idle boasting. It is a matter recorded in history , and undisputed, that, during the war of the Revolu- tion, no Stale contributed, in proportion to its numbers, so muc'.i of blood and treasure as Connecticut; and, during the last war, no troops w- ^e more valiant. I have my witnesses at hand. The distinguished chairman of the Committee on Foreign Affairs has already given his testhnony in an> enduri the he record with tl a strea with tl door, the las ^ setts, I I Am i sures, tlcmen < Indeec I lute, d relied barkei frugar. The ii result ( gives i danger I courag no cou and fo vice — derer" I an relatiot duty,n she wil countr; As (] be ala! crosses will br walls c was m Thi nation the w( *'lach} is in r tion , 8 ance, as in ] I p. Ihe fol Whc Slates c period < convent 11 romiblic" [r. Dixon, eUiazit as to len declare ettled by a Kit what is r southern Lh success, relation to England > itire conti- il fi'om (he the heath- [he course ilily of an .he know- and they leaders of e country to pacific I — if they efences of be made ly are no of the lae of the shall re- , to any iieet with ical asso- ecessary, L on both leasuresy )nie, we »y whom le course whom I dthough responsi- cate and \y, that. She has ge, and Di matter Revolu- )f blood •e more man of in an I enduring fonn ; and (hat most learned and accomplished historian now at the head of the Navy Department, has made his faithful and luminou* record. The stranj^er, as he rapidly traverses the !S(ate, constandy meets with the monumen(s of (he noble deeds of her fa(hers. Not a mountain, or a stream, or a water fall, but what is memorable as connected with the wars with the Indians, or of the Revolution, or (he last war. From ray own door, 1 can look upon the monument which covers the remains of Uncas^ the last of the Mohicans; and his noble enemy, the chief of the Narragan- setta, lies buried near him. And the very men who petitioned and pro(es(ed against war and war mea- sures, will be found, if war come, quite as faithful to (heir coun(ry, as gen- tlemen who (alk the loudest and declaim with most vehemence on this floor. Indeed, sir, I say, without fear of contradiction , (hat a more hardy, reso- lute, de(crmined set of men, or who, in (he hour of danger, are more to be relied on, are not to be found in (his or any other '•ountry, (han those em- barked in the whale fishery in my district. Intelligent, with industrious,, frugal; and temperate habits, their whole life has been a course of discipline. The interest which every sailor, in common with (he master, has in (he result of the voyage, wiiJiout interfering wi(Ji the discipline of the ship,, gives independence and energy (o (he character; and the constant personal dangers (o which they are exposed, render habitual that calm and resolute courage only to be relied upon in the hour of danger. But, sir, they have no courage (o boast of, and (hey will not thank me for saying what I have,, and for adding that they are almost as much (o be relied upon, for real ser- vice — for ac/Ma/ danger — as the most patriotic speaker and "grea(est thun- derer" in the country. I am almost ashamed to be found indulging in (his course of remark in relation to that noble State. She has been generally con(ent to do her duty, and allow others to claim (he glory. There is no doubt what course- she will pursue. If by bad management a war is brought upon us, the country, though abused, will still be ours, and i(s honor must be vindicated. As quotations seem to bo the ordei of the day here, (gentlemen need not be alarmed, I am not going (o quote Shakspeare,) there is one which crosses my mind, in the prospect of (he sufi'eiings and losses which a war will bring upon us. The hero of ^niad was represen(ed as gazing on the walls of Carthage, and seeing sculptured there (he lamentable ruin of Troy, was made to exclaim — "Quis locus dux regio in terris nostri non plena laboris." This passage, I know, has been sometimes applied (o (he grow(h of our nation, and (he extension of its commercial prosperity unto all climes. But the word<-i of ^neas were uttered in no such boastful spirit — he spoke them ^'lachri/mans^^ — weeping over the misfortunes of his country. Such a fate is in reserve for us, if wc shall proceed in our present mad spirit of acquisi- tion, seizing on territories all around us, and provoking, in a spirit of defi- ance, a power which, whatever may be her history, we are bound to regard as in peace a friend. I propose, as a substitute for the resolutions now before the committee,. 5he following: Whereas, by the convention concluded on the 20ih day of October, 1818, between the United States of Ameriui and the King of the United Kingdom of Great Britain and Ireland, for the period of ten years, and afterwards indefinitely extended and continued in force by another convention of the same parties, concluded the Clh day of August, 1827, it was agreed that any I -country that may be claimed by either party on the northwest coast of America, westward of the Stony or Rocky mountains, now commonly called the Or^on Teiritory, should, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be " free and open" to the vessels, citizens, and subjects of the two powers, but witliout prejudice to any claim which either of the parties might nave to any part of said country ; and with this further provision in the 2d article of the said convention of tlie 6th August, 1837, that either party might abrogate and annul said convention on giving due notice of twelve months to the other contracting party : And whereas it has now become desirable that the res|tective claims of the United States ■and Great Britain should be definitively settled, and that said territory may, no longer than .need be, remain subject to the evil consequences of the divided allegiance of its American and British population, and of the confusion and conflict of nationid jurisdictions, dangerous to the -cherished peace and good undcrstniidings of the two countries : With a view, therefore, that steps be taken for the abrogation of said convention of the 6th ' of August, 1827, in the mode prescribed in its 2d article, and that the auention of the Govern- ments of both countries may be the more earnestly and immediately directed to renewed efforts lor the settlement of all their differences and disputes in respect to said territory : Be it rtsohed by the Senate and Howe cf Representatives of the United Suaes ofJItneriea in Cort' grrsi auemUed, That the President of the United States be, and he is hereby, authorized, at his discretion, to give to the British Government the notice r^uired by its said second article for the abrogation of the said convention of the 6lh of August, 1827 : Prarided, however. That, i .order to afford ample time and opportunity for the amicable settlement and adjustment of al their differences and disputes in respect to said territory, said notice ought not to be given till -after the close of the present session of Congress. curing, be emp the pro Gkorge provinc and off* APPENDIX. The IfTiak ftdiery — ^Whole number of vessels employed in the whale fishery, January Ist, 1846: 680 ships and barks, 34 brigs, 21 schooners, 1 sloop. . 1 .V • , , ■ •fi 736 Tonnage ...... •Officers and men - . _ . - ^Estimated value, including catchings - - - Imports during 1845. 157,700 barrels sperm oil, at 88 cents per gallon - 272,809 barrels whale oil, at 33j cents per gallon ^,195,054 lb. wlialebone, at 33^ cents per lb. 233,149 19,560 - (^,440,000 1^4,371,444 00 2,864,494 33 1,065,018 00 $8,300,956 33 ORGANIZATION OF THE OREGON TERRITORY— THE BRITISH OREGON LAW. 'The following act of the British Parliament was passed the 2d day of July, in the year 1821, entitled "An act for regulating the fur trade, and establishing a civil and criminal jurisdiction in certain parLs of North America," and is now in force : ^n ^et for Regulating the Fur Trade, and Estublisiiing a Criminal and Civil Jurisdiction, wiUiin Certain Parts ofJ\iorlh JImerica. "Whereas the competition in the fur trade between the Governor and Company of Adventu- rers of England trading into Hudson's Bay, and certain associations of persons trading under the name of 'The North West Company of Montreal,' has been found, for some years past, to he productive of great inconvenience and loss, not only to the said company and associations, but to the said trade in general, and also of great injury to the native Inaians, and of other per- sons, subjects of his Majesty. And whereas, the animosities and feuds, arising from such competition, have also for some years past kept the interior of America, to the northward and westward of the provinces of Upper and Lower Canada, tmd of the territories of the United States of America, in a state of continued disturbance. And wherras, ninny breaches of the peace, and violence extending to the loss of lives, and considerable destruction of property, nave continually occurred therein. And whereas, for remedy of such evils, it is expedient and necessary that some more effectual regulations should be established fur the apprehending, se n 13 westward of biould, together ame, be "free >ut prejudice to and with this J27, that either months to the United States no longer than American and ingeroua to the on of the 6th >f the Govem- enewed efforts tneriea in Con- lorized, at his :ond article for erer. That, i ustment of al o be given till January 1st, 233,149 19,560 ^,440,000 371,444 00 864,494 33 065,018 00 300,956 33 SON LAW. le year 1821, 1 jurisdiction ction, teithin of Advcntu- •ading under ears past, to kssociations, f other per- : from such ■thward and ■ the United chcs of the »f property, pcdicnt and lending, se jCuring, and bringing to justic - aH persons committing such offences, and that his Majesty should? be empowered to regulate the said trade. And whereas, doubts have been entertained, whether- the provisions of an act passed in the forty-third year of the reign of his late Majesty King -George the Third, intituled an act for extending the jurisdiction of the Courts of justice, in the ? provinces of Lower and Upper Canada, to the trial and punishment of persons gudty of crimes* and offences wHhin certain parts of North America, adjoining to the said provmces, extendedi to the territories granted by charter to the said governor and company ; and it is expedient that such doubts should be removed, and that the said act should be further extended :" Be it therefore enacted, by the king's most excellent m-ijesty, by and with the advice and consent of the Lords spiritual and temporal, and commons, in tnis present parliament assembled, and by the authority of the same, thai from and after the passing of this act, it shall be lawful for hi»- majesty, his heirs or successors, to make grants or give his royal license, under the hand and seal of one of his majesty's principal Secretaries of State, to any body corporate, or company, or person or persons, of or for the exclusive privilege of trading with the Indians in all such parts of North America as shall be specified m any such grants or licenses respectively, not be- ing part of the lands or territories heretofore granted to the said governor ana company of ad- venturers of England trading to Hudson's Bay, and not being part of any of his majesty's provinces in North America, or of any landp or territories belonging to the United States of America ; and all such grants and licenses shall be good, valid and effectual for the )>urpo8e of securing to all such bodies corporate, or companies, or persons, the sole and exclusive privilege- of trading with the Indians in all such parts of North America, (except as hereinafter ex- cepted,) as shall be specified in such grants or licenses ; anything contained in any act or acts of parliament, or any law to the contrary notwithstanding. If. Provided always, and be it further enacted. That no such grant or license, made or given by his Majesty, his neirs or succ«ssors, of any such exclusive privileges of trading with the Indians in ducn narts of North America as aforesaid, shall be made or" given for any longer pe- riod thun twenty-one years ; and no rent sliall be required or demanded for or in respect of any such grant or license, or nny privileges given thereby under the provisions of this act, for the first period of twenty-one years ; and from and after the expiration of such first period of twenty-one years, it shall be lawful for his Majesty, his heirs, or successors, to reserve such rents in any future giants or licenses to be made to the same or any other parties, as shall be deemed just and reiisonable, with security for the payment thereof ; and such rents shall be- deemed part of the land levenues of his Majesty, his heirs, and successors, and b»; applied and accounted for as the other land revenues of his Majesty, his heirs, or succeasoiv , shall at the time of payment of any such rent being made, be applied and accounted for. III. And be it further enacted. That from and after the passing of this act, the Governor and Company of Adventurers trading to Hudson's Bay, and every body corporate and company, and person, to whom every such graiU or license shall be made or given, as aforesaid, shall re- spectively keep accurate registers of all persons in their employ in any parts of North America, and shall, once in each year, return to his Mrijesty's Secretaries of State accurate duplicates of such registers, and shall also enter into such security as shall be required by his Majesty for the due execution of all processes, criminal and civil, us well within the territories included in any such grant, as within those granted by charter to the Governor and Company of Adven- turers tinding to Hudson's Bay, and for the producing or delivering into safe custoay, for pur- pose of trial, of all persons in their employ or acting under their authority, who shall be- charged with any criminal offence, and also for the due and faithful observiuice of all such rules,, regulations and stipulations sm shall be contained in any such grant or license, either for di- minishing or preventing the sale or distribution of spirituous liquors to the Indians, or for pro- motii g their moral and religious improvement, or for any other object which his Majesty may- deem necessary for the remedy or prevention of the other evils which have hitherto been founat to exist. IV. And whereas, by a convention entered into between his Majesty and the United States ^ of America, it was stipulated and agreed, that any country on the northwest coast of America, to the westward of 'he Stony Mountains, should be free and open to the citizens and subjects of" the two powers, for the term of ten years from the dale of the signature of that con- .ntion, be it! therefore enacted, that nothing in this act contained shall be deemed or construed to authorize any body corporate, comjmny, or person, to whom his Majesty may have, under the provisions of this act, made a grant or given a license of exclusive trade with the Indians in such parts of North America, as aforesaid, to claim or exercise any such exclusive trade within the limits t!pecificd ill the said article, to the prejudice or exclusion of any citizens of the said United States of America, who may be engaged in the said trade : Provided always, that no British subject shall trade with the Indians within such limits without such grant or license as is by this act required . V. And be it declared and enacted, thot the said act passed in the forty-third year of the reign of his late Majesty, intituled an act for extending t'te jurisdiction of the courts of justices in the provinces of Lower and Upper Canada, to the trifii and punishment of persons guilty of crimes and offences within certain parts of North America adjoining to the said provinces, and all the clauses and provisos therein contained, shall be deemed and construed, and it is and are hereby respectively declared, to extend to and over, and to bo in full force in and through all the territo- 14 Ties heretofore granted to the company of adventurers of England trading to Hudson ^s Bay ; ■anything in any act or acts ofParUament, or tliis act, or in uny grant or charter to the company, to the contrary notwithstanding. VI. And be it further enacted, tliat from and after the passing of this act, the courts of judl- •cature now existing, or wlticli may be hereafter established in the province of Upper Canada, shall have the same civil jurisdiction, power, and authority, as well in the cognizance of suits, as in the issuing process, mesne and final, and in all other respects whatsoever, within the said Indian territories, and other parts of America not within the limits of either of the provinces of Lower or Upper Canada, or of any civil government of the United States, as the said courts have or are uivestcd with, within the limits of the said provinces of Lower or Upper Canada, respectively; and that all and every contract, agreement, debt, liability, and demand, what- iioever, made, entered into, incurred, or arising within the said Indian territories and other parts of America; and all and every wrong and injury to the person or to property, real or personal, committed or done within the same, shull be and be deemed to be of the same nature, and be cognizable by the same courts, magistrates, or justices of the peace, and he. tried in the SKme manner, and subject to the same consequences, in all respects, as if the some had been made, entered into, incurred, arisen, committed or done within the said province of Upper Canada; anything in any act or acts of Parliament, or grant or charier, to the contrary notwithstanding: Provided always, that courts have or invested with within the limits of the ;8aid all such suits and actions relating to lands, or to any claims in respect of land, not bein» within the province of Upper Canada, shall be decided according to the laws of that part of the United Kingdom called England, and shall not be subject to or affected by any local act, statutes, or laws of the legislature of Upper Canada. VII. And be it further enacted. That all process, writs, orders, judgments, decrees, and acts, -whatsoever, to be issued, made, delivered, given, and done, by or under the authority of the said courts, or either of them, shall have the same force, authority, and effect within the said Indian territory, and other parts of America, as aforesaid, as the same now have within the 45aid province of Upper Canada. VIII. And be it further enacted. That it shall be lawful for the Governor, or Lieutenant ■Governor, or person administering the government for the time being, of Lower Tanada, by commission under his hand and seal, to authorize all persons who shall be appointed justices o( the peace under the provisions of this act, within the said Indian territories, or other [tarts of America, as aforesaid, or any other person who shall be specially named ui any such commis- sion, to act as a commissioner witiiin the same, for the purpose of executing, enforcing, and carrying into effect, all such process, writs, orders, judgments, decrees, and acts, which shall be issued, made, delivered, given, or done by the said courts of judicature, and which may require to be enforced and executed within the said Indian territories ; or such other parts of North America as aforesaid ; and in case any person or persons, whatsoever, residing or being within the said Indian territories, or such other parts of America as aforesaid, shall refuse to obey or perform any such process, writ, order, judgment, decree, or act of the snid court, or shall resist or oppose the execution thereof, it shall ana may be lawful for the said justices of the peace or commissioners, and they or any of them are, and is hereby required, oii the same being proved before him, by the oath or affidavit of one credible witness, to commit the said person or per- sons so offending as aforesaid, to custody, in order to his or their being conveyed to Upper Canada ; and that it shall be lawful for any such justice of the peace or commissioner, or any person or persons acting under his authority, to convey or cause to be conveyed, such person or persons so oflcnding as aforesaid to Upper Canada, in pursuance of such process, writ, order, •decree, judgment, or act ; and such person and persons shall be committed to gaol by the said court, on his, her, or their being so brought into the said province of Upper Canada, by which such process, writ, order, decree, judgment, or act was issued, made, delivered, given, or done, until a final judgment or decree shall have been pronounced in such suit, and shall have been duly performed; ant: all costs paid, in case such person or persons shall be a party or parties i"- jiuch suit, or until the trial of such suit shall have been concluded, in case such [)erson or fiersond shall be a witness or witnesses therein: Provided always, that if any person or persons so n^^- prehended as aforesaid, shall enter into a bond recognizance to any such justice of the peace or •commissioner, with two sufficient sureties, to the satisfaction of such justice of the peaco or commissioner, or the said courts, commissioned to obey and f erform such process, writ, order, judgment, decree, or act, as aforesaid, then and in such ctise it shall and may lie lawful for the said justice of the peace or commissioner, or the said courts, to discharge such person or per- sons out of custody. IX. And be it further enacted. That in case such person or persons shall not perform and fulfil ihe condition or conditions of such recognizance, tlien and in such case it shall and may be law- ful for any such justice or commissioner, and he is hereby required to assign such recognizance to the plaintiff or plaintiffi in any suit in which such process, writ, order, decree, judgment, or act, shall have been issued, made, delivered, given, or done, who may maintain an action in the said courts in his own name against the said sureties, and recover against such sureties the full Amount of such loss or damage as such plaintiff shall prove to have been sustained by him, by reason of the original cause of action in respect of which such process, writ, order, decree, judgment, or acts of the said courts, were issued, made, deliverea, given, or done as aforesaid, frer, as IS Hudson's Bay ; the company, iourta of judi> Tpper Canada, uince or suits, within the said provinces of le said courts Tpper Canada, emaiid, what- "es and other perty, real or of the same )cace, and he. if the same province of the contrary limits of the pect of land, laws of that by any local •ees, and acts, .hority of the ithin the said ve within the »r Lieutenant ir Tanada, by «d justices of ithe'r jtarls of mch commis- nforcuig, and k'hich shall be » may require krts of North being within se to obey or or shall resist the peace or being proved erson or per- iled to Upper ioner, or any jch person or 1, writ, order, 1 by the said ia, by which 'en, or done, ill have been or parties i*- in or ftersonii arsons so n^ - the peace or ■he peacn or writ, order, wful for the rson or per- rm and fulfil nay be law- ecognizance Lidgment, or iction in the ■ties the full by him, by ler, decree, s aforesaid, twithfltanding any thing contained in any charter granted to the said Governor and Company if Adventurers of England trading to Hudson's bay. X. And be it further enacted. That it shall be law Ail for his Majesty, if he shall deem it con- enient so to do, to issue a commission or commissions to any person or persona to be and act . 8 justices of the peace within such parts of America as aforesaid, as well within any territories fkerotofore granted to the Company of Adventurers of England trading to Hudson's Bay, as "*^ ithin the Indian territories of such other parts of America as aforesaid; and it shall be lawful r the court in the province of Upper Canada, in any case in which it shall appear expedient to lave any evidence taken by commission, or any facta or issue, or any cause or suit ascertained, :o issue a commissio.n to any three or more of such justices to take such evidence, and return lie same, or try such issue, and for that purpose lo hofd courts, and to issue subpcenas or other pn^ lesacs to compel attendance of plaintiffs, defendant, jurors, witnesses, and all other persons re- ]uisite and essential to the execution of the several purposes for which such commission or coRi- lissions had issued, and with the like power and authority as are vested in the courts of the aid province of Upper Canada, nnd any order, verdict, judgment, or decree, that shall be made, bund, declared or published by or before any court or courts held under and by virtue of such ^ommis3ion or commissions, snail be considered to be of as full effect, and enforced in like man- ner, as if the same had been mode, found, declared or published within the jurisdiction of the fcourt of the said Province; and at the time of issuing such commission or commissions shall be |r of any Civil! ea of the same 1 (lent, aa if the! itenant Govep* jf Lotcer Con- Person or Per- JuBticcs of the its of either q( •tea, as well as or riven with- iny Part of the ng Crimes and ce to safe Cus- adtty to be dealt r to apprehend ind convey, or er Canada, any ifc Custody for irosecuted and ieutenant Gov- uiy of the Cir- ' s for the Prose- relution to sucli ander the Great 'ender may and I which Crimes ive been tried if where the same is Act, shall be tvince where he iffence may and iich Court, and r other Punish- Irime or Offence 80 be lawful for 'rocesses for en- other Processes j^ Parts of tlie In- le Civil Govern- »f the said Pro- ices by this Act any Offender or r Processes are, ; las or Processes ter or Thing to t ice charged and rson or Persons ny Colony, Set- uch Prosecution :t or Subjects as 3 proceed in the shall be charged %r to have been to any Exwopean 5]