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Lorsque le document est trop grand pour dtre reproduit en un seul clich6, ii est film* A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombro d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 4 5 6 /Ifp l^^^' 9tl CI ,HON iSLIVERB I SPEECH or -V HON. MR. HOUSTON, OF ALABAMA, ,. "i' ■if OM THJI ;iii'' •■'* .. 'v-ii-i-- ,!t/';, -.-/.Jv^^v OREGON QUESTION. I... , ■■. ; .t.- .■■»;i^i:''i .- - •' '»■ :i 4SLIVERED IN COMMITTEE OF THE WHOLE ON THE STATE OP THE UNION, FEBRUARY 6, 184«. WASHINGTON : raiXTSD AT THB OmOB or THE DAILT TOIM. 1846,' M 6h^O 4 4 SPEECH. 4 1 * * •». 'he Home of Representatives, Felmtarxj 6, \i'.0i^flf and the country, some of the prominent o;^e^pers of the dejnoeratic party differed with Uie majority. They said they were for Tex- as, but not at that timt. "Wait awhile.;" ' ^.pi^ ytfur time." They were for '^nuuterly iiu^Mtity," 'which, in my judgment, seldom ac- "Ctkpinishes any great good. They avowed them- "inyesfoi' 'Texas, but not in the precise mode se- 'Hetfld by their friends. The consequence was, upoii tl^'e wise principle that those who are not '')pf iisare agfaiast us, they werr* "set down" as ^hfthndiy to the annexation of Texas, and can- ''demned4)y 'the twirty over the whole country. I 'Dt^ ifot sjpeak of it now for the purpose of justi-< '^fVhjg or etosuvipg their course. I disagreed with |tn^ then, and have not dianged that opinion. 'I^lid'not, however, denounce and abuse them. l^cW has never been my course of action. I ' ])riulf wllKnff to condemn and treat them as oppo- iiiici^ta* ini that question; but I was disinclined to )i^;|ibltcy bf treating with extreme harslmess Jiose^^'^fionr friends who had served us long wit Wl^Wy ^pon every other question except the bne'theii 'h!&}ote the country, cotwithstand- 'i^ 'it xvas one of vast, almost ^ital importance, '^tise' i^eniJiii^tices are dottbt)ess diaagreeable iiof'all'' <^ us, tthd ' \ only atiude to theiri'fi»r the irpOEfe of'^^fifying ftiy posftion on 'this oeca^ {^^iC ^1 siahd ixrw ^h^e'f Wd ihen. We are .d^n'difl^ng tipon a great national question.. ' SC^e ' bi* (^tif Ari|9Wds ai^'ftnad in 'enpo^tioft tp '4SbfrresM iiesl, if not well-founded fears, that th(j^r my o| oppose the notice are not in truth frieiwill be n Oregon at all. And, although I do not ^ or two I it, yet f am by no means istonisliod to seition co who were ccnsttred by them then, turnitielaosed ti own "tu'tilltry upon them" on this oi .^ It is ki Such is the fate of war, and cannot alMQt to tiie avoided, especially when our lot is cast !^ withoii those who lose eight of, and disregard tl)d| or qui;!: cred injunction which admonishes us to,g,t!ie Pi others as we would have them, under lij we in ciimstaoc^s, to do unto us. i4o\it a 1 I cannot say that party feeling has jjindcr t thing to do with the subject before us. jYermont tleman from Tennessee, [Mr. Gentry,] |}ie whiji to labor to show that this was an adminijialls as t measure, and to draw the party lines upqjjpstlun lb will not say his opposition to it was of %;es of thi character. 1 leave that to the judgmeni,^.^J3tit J h country; but from the fierce and unprovi^^rom th sanlts made by hira, I am left to draw s,J^icn mad inferences as the facts justify. iber of eiti That honorable meinber, [Mr. GENTiip|)nse th; unnecesi^arily severe in his stjriotores, fpill — and menting upon the call which the UofUMB^respund presentatives made upon the ExeoutivtyjlH! sent or two since, for such additional covresfii} fur its as may have taken f^acebelween the twuruke at the ments, since the "o/jcwing^" of the preseifiat the gress, relative to the Oregon dtfficnliH,on the i necting it afaout, a oorraspondftiKie 4)ot jMir^nmch :pubtid?'«i^atisuchfj»>oa0 haSitak«iiiWK they \ ;«U y He certuniy cannot.-9et >. 'Afyaiii^ not do vcrnment of the United State^,,for,Aa{al4'be resp the fact that the Prtwideiit'keftpssuc^ so still. fbm the "public Mu/i'i as iiba shomid dat^^would ha dently woqld lefuseto oomtauracat«W(|or upon .avowed political'Opponent^isvBn were hefvlprant of to vv^if^ateuihexfiruftiuitd usueiiecy usual ||)sse8sion {correspondence, ^hereu but oneiHbt iirbm: wltieh it jconld em^tite. t do Ji« I * i f ihul I'll' li >in)ra!»lu niomber obtuiriH liis oalioii tiilirr .lircctly (ir iiulir.'clly Iroiii ell us they are fn'ouf! (Alicr .tim/rc," lo s;iy «>J would hi- iiii tell us we mu8tt»bl(^ I know iiiin well onougli to bflKiv*- " bring into lull ij^ iiitciiilofl tu be uiulcrstood as iriviu^ :ui m tahU;^' tln'V »n, iii-itcad of assLTliiiiT n kiniwlrd'^e (as Ik- ot ill ihi! iiuhIc .in dcrs lucid by soiiic) of lb*- existence of tlie licatiuns arc worlj|x»nd( in'c to wbicli he alluded, py should not, thfoppused the cull iipuii the Rxecutive, to he true tViends h I have just referred, and I am hai)i>y lo them that they Itfiis o|i|)ortiiiiiiy of rrivin'^f s .uie of tlie rea- fears, that thciftir my opp isition. it in truth friernjill be n:!iie:nbered that the Senate had b'lt hough I do not S'.or two before made a eall for the same in I istonished to seifjon — correspond! nee. SufHeient time had hem then, turniiielapsed Iti enal)le the President to respond itwi" on this 01 , It is known that if the information should r, and eannot al\int to the Senate, it will also come into this 1 our lot is cast aj^ without a eall. These facts will not be and disregard tljjj or questioned; hut instead of waiting and monishes us tO|«j,ibe President a reasonable lime to re- e them, under lij we in "hot huxW'' bring into tliibA8h(ro]d dot would have suffered this House to commit oonitauraoat«Wtt>r upon an important question like this for [it^;«VBn w«*ehei»|jirant of a correspondence or information in ("Bucnecy nsual fOssession — that he would quietly stand by lisbut one^tbi limiite. t do Ji« and sen us involve the country in a war, upon a P'lint of rl!i(//(c«e btwroubim and the legisla- ture— witbl\old inforunlion which we ought to • have, and vvhi(!h he desired we should have, uerely because we bad not made a formal call Uj«)n him for it. Such an idea is ridiculous; Imt as we have made tlu; c.'H. I am in favor of wait- ing for the response; ai..l if not made by theOlh, extend the time. You and I, Mr. Chairman, as well as the present Governor of Ibe State of Tennessee, should feel ourselves arraigned before this com- mittee and the country by a member from that State [Mr. Cockk | f.ir "inconsistency. That lio- norable member has thought fi'. to read % para^ graph from a re|)ort made by the Hon. A. V. Brown at the last Con seems to have done in hunting out an inconsis- tency on the part of the Governor of hisStete,., he could but have seen and understood that, aa ; far as the report itself tjoes, the question is left : in doubt, and, as such, the chairnaan declinild'' to enter into a premature investigation and uae^. less decision of it. Tho committee, it seenupr (or reasons not given, had determined to. refpwitit a bill without the notice; possibly because they TT tlioiiirlit llial braiicli of ll;«! Hutijcrt lii'loiifjod to the roniiniltrM.' im l''on'it,ni A (lairs, as it in triitli iiis, tlic . Iiairncm v»'ry proprr ly passn) on willi Inil litili- nioif llian a hare al- iiision to it. And il'mv li'iniMii^' ot ihr very next parai^raph to th(! ono (jnoird by iiini, ho wmhl have ston that the report prncccdtil to say, '•«« rnniifxivn ivilh this hranrh (if the siilijcrl, is-r..," and states that it was ihon inidt rstdud (liat negotiations wore in proirress jjetwcen the },'overninents, and connected that liir.-l as a reason, if not the prin- cipal reason, with the donhl ex))resHod as to the nature of tlie cpiestion w hy he (ieeiined its in- vestijration. Tfiere is another fael to whicli he should have referred, and whieli he shoiihi iiave slated in justiro to (Toveitior Hr.wn, if liis ob- ject was to act fairly to\\ards his political op|)o- nent, (and 1 will not question his tiiirness.) IJy reference to th(! journals lie wonid have learned that Governor Brown, when bronohi to a vote at that very C'oni)'ress, ii|ii)n his i.ill, (as it was called,) with the notice in it, voted for it; tliere- hy voting for the notice at the same time; and also in the most conclusive manner trivinnr his own unequivocal construftion of the j)hraseolo<,''y of his report: if he had been satisfied that Con- gress co\ild not direct or advise the President of the United Stales as to the f^ivinir of the notice, why did he vote for the bill with the notice in it? It will not do to tell me it was his anxiety to have his bill passed; however much he miuht have estimated the bill, be could find no justifi- cation in voting for it, if, in his opinion, it con- tained a provision upon which Congress had no power to legislate. Another omission occurs in liis speech, to which 1 will for a moment allude. He enume- rates, as we are autliori/ed to conclude, all of the then members of the Conunittet^ on Territories, (six in number,) and all democrats, you and my- self of that number. I do not feel that it is ne- cessary to disavow any one of the results or conclusions of that reporl. ! have not read it to this day, and am not, tin refore, prepared to con- demn it; though if I had, as [ have before at- tempted to show, I do not stand committed ne- cessarily to any part of it. F was, at that ses- sion, a member of the Committee on public Lands, and had very heavy labor to perform on it; and, as a consequence, could not attend often the meetings of the territorial committee. I will not say, for I do not remember, whether that re- port was ever read in committee. I was so often absent that it mght have been read when 1 was not present. I can say this, however, for mj'^- self, that if I ever heard it read at all, in or out of committee, it has escrapcd my recollection. I remember no such thing, and am of the belief that I never heard it. That Governor Brown ssion ? Cen^■re^ know B our la ih' t d. had aulhonty/rom th.: vmiwntli-c to make »f ('ong re|Mirl I have no doubt; jiiid lliat lie may icky. (i n ad it to ihe eonunillee I ihmk i|iiili' pml Indiana, However, leing wh(dly uniinporiant, I (Hie el -it pass it over. JiCl niert turn lor a niorm k froiu ibis deriioeralic; eoinmilti e u|' siv. aiul li:Bli.asw niie step fiirthi'r. I (ind iipini the juMrir,il-;i«s to ( tben> Were nine ieend)ers i.l' the ("oniniitMof the 'J'rrrilories, and that the iliree wliieb ihemytair tl( man oinitted to name were whifrs. and o! I liave unmlier bis eidli'a»ije, now in n.y eye, ( iMi. ISmith iJii()WN,| was one. VN'hy 'his omissioi will not venture to say lie did not were members of Ihe coinmillee. ll is h;lOn diret veasonai)le lo su|ipose ho lltnnd tlie names to giv part on tin! journals and nut the whole ;i» now much more iinieasonaitle would if bi; lo sujich a chi thai he found the names ol' the six demu an exp and could not rind the wbii.rs. VVherc! I h a vie their names on the journtil* they are al hostile gelher, and mixed up til that: so that if linserteu attempted to lake Ihe oiii and not the ollimen avo would liav(' b(>en compelled to look over all Can I names lo gel them. I do not ehai}.re this Jii^si; ol intentional omission of that honorable meii>^l if we luMuay be abb; to show that il, was accid(i«(vitable If I, however, had done so, I assure this i<|p of al mitlee it would necessarily have been inten'jfr— a wa al. I cannot well see how I could have ip lo an il through mistake. Then, sir. if the demcl. How on thai conmiilt«^e snbscni)ed to the «r/»in,i justify and coiidiisions of thai report, so aii» their directing the President to give the notice, niay dci such was the vote of every whig member »t all proj in his seat from the State of Tennes.see. let the qi very natural that I should ask liow is thi iiiiiy icky, |Mr. (i. Dwis.j liy a irrnilcniaii iliiiik i|iiil(' ppjllmliiiiia, I Mr. ('. li. Smith,] atid. I think. imidipnrlant, I (Hir cUf. 'I'lir rt'|«irt is iiit hcfurt' iiu'. ami luni t!ir a iiioimll from niciiiKry. As I iiinlcrstaiid tlwMMii (' 111' six. iirul lt,0». as well as the r('as(iirKi.rs ol" tlial ri'ii.iit, i|)nii the ji)iirir.ilsire I h a view ot" dcstroyinj)- tiie hill; that they iial« they are a l hostile to it, and l)t>licvcd. if the notice that: so that it' linstrted, theiiill wonid he (leloatod. Can 1' ;md not the utlitnen avoid the diflicnlty hy such explana- d to look over all Can llicy reconcile such a (toiirse totln-ir not char<.re this iiiopse of propriety and riii'hl 1 We are at hoiiorablo lueii^ if we nrive the notice that war will be liat it was acciddlJvitahle result— a war which will he de- so, I assnro tiiis it»? ot' all tiie important interests of the ' have been iiiten'|^--a war in which onr honor will he iiii wl could havoji to an iimiece-sary extent, if not tar- I, sir. if the demcl. How can any c.ih who believes tliest; ed to the «r^jM.^stify betbre the world, or his own con- lort. so liont the length and breadth of this country; and by (hose of both parties who are attempting to rest the entire responsibility upon him. lie would have been denounced as arrotjating to himself power "not cout'errrd upon htm by the constitution and laws, but in deroga- tion of both,'' for thus attempting to grasp and concentrate in his own hands the power of peace and war. He did not pursue that course, and [ am glad that he did not; nor does he now pro- pose to avoid responsibility. He tells you the notice should be iriven. VV'^hat more could he say I It is a fatal mistake to su|)pose that we can avoid this question. The people will listen to no special pleading upon a measure like this. They s( Why, the Senate have actually passed a hill for immediately taking forcible possession of the whole of that territory; and the senator who brought in that bill expressed his conviction that the American claim on this territory would immediately be acquiesced in by Gri at Britain, if it was only urged in what he was pleased to call a proper manner. It is impossible, I conceive, that this bill should pn<«s the othrr branch of Jhi' JooHe lature; hut if it were to puss, and to be^i^v t';i U|>oii, it would b«; a deelaration of war. It 9, and tie the invision and «-eizurc of a territory j^(,|' i)[\ pute by \irlue of a decree made liy one aai'tjis parties in its own favor." _ \)r.\\\ To wliieh Sir Uobert Pool replied : fcaband "'i'lie noble lord says Ihc adoption of tli» Hous would bo a ease of war. I wi I not diHcus>)gB_.wl tlietieal eases of war, when, as I l>avo Huij||iiig 11 executive government has signified to us ''"*^t, or to maintain peace, and to effect a satisfartiffij,p'^[^, jii'itmcnt of the question of the Oregon ter^ ".^u I trust in the assi, ranees of the, executive \^^' ' nient; and I will not believe that it will i.'^"' ' ^ consent to a legislative measure at variami^'*'"*'" these us.^iuraiiees.'' ll* ', '|' 'Phiy are not alone in llie opinions the'*"." advanced; iiiatiy of our own statesnu'U ''"**,|'^.^ similar views. In the disciisHion in the SeT* J the. ITnitod Slates in l8'lH,on a bill kiu Linn's bill, Mr. Calhoun said : . . , , . dot C(jii "Kven I, who believe that the prest^it >i'|^iv, is disposed to peioe, that the recent niis: thi' country originated in the spirit of pear that Sir Robert Peel has exhibited great and moderation — inodenition in the ini splendiil success, and therefore more to be — i!o not dovht she would resist if we shoul this measure." „B4,pin Wph a el In that same speech Mr. Calhoun ^''^'I'l^^of ^h "I am not however of opinion that Giciygie by tain would declare war against us. if 1 nf"^ pywi not. she is under the direction at this time o,^j| had who are too sagacious and prudent to talig(jj|f,||ly course. Hhe would probably consider Iho^^, s . c at an end, and take possession adverse to usaaain at of tiie whole territory, at least of the ''dltj^jirhieh river. She would, at'the san»c time, take y^^are di command that river by a strong fortili^ch l»;^ inanneil by a respectable garrison, and lea\,j|lz(.iis a us to deciile whether we shall actjuiesce, i)i,||| of th fiite, or attempt to dislodge her. To actuft^dvanl under such circumstances, would be a virtii^ought render of the territory. To negotiate wi,|&fexclu! verse iind forcible possession against us. y^'tHtXy pr> almost as hopeless; and to dislodge her at [Mi eithi would, as has been shown, be impracticin|i|tiie Such, in my opinion, would be the probaWiM»out suit, should this bill be passed." 525f°'"" I do not intend to ho imderstxwd as ass^^^^gJI to these opinions. I voted for the hill ^^^ ^f Congress, under the belief that it did not ^g all b our Treaty with Great Britain, nor do I tiyolve th would. I am endeavoring lo show, lunlallon c tliai soaie of the ablest stiitesmen in Blnglanoifra ini well as in the United States, entertain thbl^n th ninn that a territorial bill wtmld vit)late 'l"**^ Ul ty, and that war would be the conseque; JW ^^^^ war which would, in the minds of son^JiBtioi least, carry with it the odium of bad fa'^Tits on the part of this government — of a p^^n y violation of existing treaties. I wish tO|Arap1 that imputation; I' wish to avoid, if ixxgjpbei even the suspicion of a breach of feith. ||i[j^^® have to fight, let us do it in a clear case; «Wer ( ^.X.si--*.. 9 Dpi (iwn othfr hnvnch (if tluJoiwn fDin llic r»»t*tru'ti(in.s nf Mip tnvily, by to piiis, anil to \iv^\fy t!if inttifc rtnliiriiiubly to its seriiiiil ar aralion of war. 1 1 9^ ami ilicii we can NjiiHlatc li»r tli>' pmUv i/iircnf a Ificitory j^„f „„r |MM.pli\ and llw adviiiic nuMil (if tli< Y'ce niadi) Uy one ^^y^^ ,,,• ,|„, ,.„|intry. Sni-li arc niy \ irwH u\\ H branch of tlit- Hnl»j«'t:t. And wliiln I do t Peel ff plind ; taliandoii as wniiin; tlio poHition assmncd by the adojifion of thj. House t»f RcprcHititativort of the ".^Hlh ("on 1 wi I not diHcnssjgg wliib' I totally repudiate the idea of eon nhen, as I l>avo 8ai{Ji„.r niy opiniouH to the opinions of the I're i.s signified to us iN§jtf„r any one ..|se-y ri all of the country were asslrongas it could be opinion that |p'"*-'^e by an adinniistralion standing at the beaci against us. If I nf^ powerful dominant party; and if our popula- ction at this time oi^ had reached the point -vvheic we could ^ue- nd prudent to takgH^fnHy ssert and maintain our claim a'!;ainM the bably consider Ihejt^,,^ ,.,ai,n of (Jreat Britain, there would Mill ssion adverse to |ijg(|mi„ ad«-cisive objection to this bill. The mode at least of thr 'ut violating the treaty f>r endnngrring the peace i, the country. Their aim is to have all the JM-ncfit of the treaty without being subjiM I to its restric- tion!'— an aim in direct contlict with the only ob- ject of the treaty— to previ-nt cordlicl belwi-cn the two countries, by Iceping the ()uestion of ownership or sovereignty io abeyance till the ipiestion of boundary can be settled. " Wearo now told, if wo give the iiotitre, wo will involve the country in war; and some have irofK! 80 far as to call the notice a war measuro. and it.s friends the war party. We have heard imi'-h in this debate alHtnt a peace and a war party. I presume, Mr. Chairman, no one bp- lieves there is a parly in ("onfircss in favor of war •■ for wnr'.i sake," merely for the purpose of havinix a fiifht. There is no such parly hen;,— If uentlciion mean by the " war pnrty" to de- sijrnate those who i)refer war to an infcloi-imu pmi'c, they are correct ; there is such ti parly in Conuress, and a iimoh lar{,rer one in the country, 'rlieeonnlry Iihj' jrrown tired of this frecpionl cry of war • it fails to alarm or excite the jieo pie : even the timid have become familiar with it. as a sort of *' liomeMd word:' and are un- moved by it. H'. therefore, it ih in any way in- tended to frighten them from their course, to force them into a false ixisition, to induco them tonpi. V the irjvin-j of the notice, it la wholly minvai.i -.and had better be al)andoiied. If jrea- tloir^^'i vant to keep the comilry cnit of a war, ttiey must satisfy the pw)pl»^ that il would be for ^o"ie cause, in Iho particular case, dishonorable or unne(v3«.rv ; but never ajipeal to their fears. Don't underrate the strength of yuur own coun- try, and overrate thai of our adversary. Uo not tnll them that thev would be whipped, lor ihey will not be made to realize it. By s»icl' urgu- ments you bulinrtame their pnssons; tney know thev cannot be vanquished by any nation on earth ; and if ihev but belii^vc tiioir cause is jiist, they feel doubly armed. I have the chanty to believe that nn reiippxUihlr. meaiber of this com- mittee would intentionally and wilhoui causa, involve the country in nn unnfteessary or dishon- orable war ; we are all for peace, be.t difter as to tlie best means of preservin«T it. Tn the extract I have just read, Mr. Calhoun did not consider the notice a war measure, but the reverse. He uraed it upon the consideration of tho Senate as a first step for our government a son of preliminary to the further action ol Conirress upon the subject ; not as a war, but as a peace policy. He said, and said truly, that the treaty provided e.xpressly for it, and that we h.id a rio-hl to give it without assignin«- ow rea- unm. He characterized the hope, as vain and delusive, that we could avail ourselves of the benefits of that treaty without subjecting our- selves to its restrictions. I endorse and adopt his opinions as then expressed, as to the peace- fill character of the notice. None of us know, or can know in adTance, whether it will or will, not produce war. We have our opinions, and I ■^«ip W] have tjiven minfc lo the cominiilec If, liowever, Great Britain desires a oonfliot with the United Slates, that condict will come whether wo wive or withhold tlio noiio(!. No fair or honorable course we cnn adopt, under such circumstances, will avoid it. If she fi;j[hts, it will not ho for Oreiron. but for soniothitifrof much more im|)ortaiice in her estimation ; Ore notice, extend our laws, and take j)oss<^ssiou of the country, war need not be inevitable, thouirh it may be jirolja- ble. If the people who live there conform to our laws, as they may do, we will of course have no war; if, however, a portion of them should he disobedient, and resist the due execution ol" those laws, a confiiet would ensue at once, and then war would follow, uidess an adjustment should be had. The same may be said, and with the same reason and f irce, if we should extend our laws and attempt to take pt).ssessioti of the coimtry without the t)otice. I will not so far violate the proper rules of or- der as to impeach the motives of uentlemen : I have no inclination to act with even seemins; unfairness towards them. Vet the fear at times presses itself upon me, that much of this talk of war is intended to prejudice the quc^stion betore us- -that it is used as one of the weapons of war against it; and as being appropriate, I will read an extract from a speech delivered by one of my colleagues in the 28th Conuress, uT)on the Ore- gon bill then |)eii(ling. Mr. Belser said : " If anytliing can produce war between the two governments, it is this : It is a direct and positive declaration of ownership in the soil, and can only be justified on the ground that these conventions of 1818 and 1829 have already been rendered null and void by Great Britain, without fault on the part of the United States. Uless honorable gen- tlemen could bring their minds to this conclusion, they ought not to sustain the bill in its present shape; but should amend its provisions, and there- by render it sufficiently prospective in its opera- tion for time to be given by this givcmment to Great Britain to terminate the joint agreement of 1827, and let the controversv afterwards rest upon the better title. " He had observed in the commencement of his argument that the admission of Texas and the oc- cupation of Oregon were great America.) mea- sures ; they were ; and he hoped this House would adopt the latter as promptly as it did the former. He that dallies upon such questions is utifit for the high station which has been assigned him. The most insidious form of opposition to Texas is that which denies to Congress the right to increase our territory by legislation, and the must deceptive against the occupation of Oregon is the cuckoo t of war. »»*»#*» Id not h " Its passage may lead (o collsion, to confli|| is in of jurisdiction, and tdtimatcly to war; but tliifjis ma are the risks attendant on nations, and which ||ing by times must be taken. The American people hdjline uti become tired of fruitless negotiation, of crafa,c, ,,f j diplomacy. After forty years of this kind of P"'3to„|l(»ni| It^y with the same nation in another celebralg . boundary case, we lost a part of Maine. The c; ,„ ' then was, if we did not settle by negotiation, v M ^'' should have to resort to the sword. And the a% J^" "^ gunuint now is that we will offend that grca^''!" •'• power, if we attempt to exercise jurisdicticdi has fi over Oregon." fo shuv The honorable nu'inbcr from Virginia. [Mi|rks. IiAVi,v] cctutendcd that if the United Sfatfjjjg ; should give the notice. Great Britain might waiw. .j it. and commence a war immediat(dy ; that tl,Xaiirig notice — the twelve months' time — being for In ©nited lienefit, she had a right to waive it if she saw I coast sc to do so. I differ with him in that opinion, ough th do do not SI) read or understand that article of tl™''^ "'I*'. conv(M)tion. The notice of twelve months is •r'™" "' , tended fi)r the benefit of both nations, and m.'** ° ,1, •alont^ f )r the one notified. The one giving tlr^T ' notice i.s presumed to do so with reference to tlr^'^""'^ ■ time which must intervene, and has a right \^'^' ^I' claim it. If the reverse of this he true, the na'^^ -'^ tion notified may giv(^ no indications of a wish t'^^'^*'""' waive flic notice, may seem to acquiesce in it' and in that way throw the othfr nation entirel;!.^ off her guard, until, under pretence \)f trade 0™^, f! commerce, she has her vessels hovering arouni^P. '. our coasts, or until she finds the largest amouni^!'^^'"" of our commerce afloat, unsuspecting and coin** . ' ^ . paraiively defcnccdess ; and iill at once, when wi"** '" had had no right to exptK-t such a thing, sh< **• '"' ^ iition , of the would "^ pouncf. doim?'' upon us, and in tha His s(!cc T« ^fU 111 fJlJlMUJjT. IJlXJIf/m II L/^ 'II U^y tClltt III bllU way gain a decided advantage. Aside from that''-**''. ~~ if his doctrin<> should hold good, the nation g'^J^^'^Vc ing the notice never could tell when the treati™^ ''^"' ^ would probably terminate. If the nation »t»ti?r* j fied had the right to waive; the notice the day i;**^" '*"* was received, she could do it at any other timi'"^""'^^ between that day and the expiration of the twelvf^^.p " months, so that every advantage would be givei'^l^' . ' to her by being notified. The treaty is notabro'^^ "f P gated on tin; day tht; notice is ofiven, but kf"7^ ,^ twelve months thereafter, during: which time ir'y^ Britain«*«lty^ is in full force, and (piite as sacred and obligator/®^^ as it is at this moment ; and if Great Britain should act upon any other principle, she would^'P'^^P' stand condemned by the whole civilized world, '**" ^^ as well as by the "God of battles." '^wT^'' Nor does the case put by the gentleman re-^!^^ ^\ lieve him. His doctrine will not hold good be-|?J* " tween individuals, where the law requires oneto^^ '^^ give the other notice for a certain specified length'^?""' of time before he can proceed in court against°|^,'. him. I admit that the party notified can waive ^J^|*' the notice, and proceed immediately to trial, if'*!^'' J the other party consent to it, but not otherwise.'® The party giving the nctice is presumed (as '"J^'*^*^, the case of the two nations) to give it with refe- v^*^? rence to the time which the law specilies, and lifted, ! 11 I'cgon is the cuckoo < * * # Id not bf! rurccd into trial bofore its (jxpiration. collsion, to confiiiji is in this ease. Fiii^rlami and the I'nited ly to war ; but UKlf s may waive the notice, and commence ations, and which iiinji- by" consent, if they please, Imt it cannot Vmorican people ha||n(! utuler, and in accurdance with, the |)r()- n another cde'brSf"''''"'P"'^^l.' ;'•-*>''';>• *;';"«i^'";''"' »';.'« f"'' of Maine. The f»« piiralk-l ol latitude «};»'-', but not farther; li by negotiation, v- M^ ^''' "''^' insert intu iIk^ tjotice, or append word. And the a*, an asserlion of tith; to that line, they will II offend that grcapor it. iMy honorable col l»>acriie | Mr. D.\ji- e.vercise juriisdictiora has fallen into lh!:t error, as I will endea- fo show it to lic btlbrc I jict through with niv Irom Virginia. (iMilrks. Mis second resolution is in these the United Statrtjs ; Britain micrht wai\,-p;j. ,i,ulbe.U furlkcr molvcd, That the line rnediately ; that tl.^atinu; the British j.iovinces of Canada from :ime— being for In Bniteii States hhould be extended due west to uve it if she saw I coast .«outb of Fraser's river, and from thence in that opinion, ough the centre of the Straits of Fnea to the id that article of tliO^c ocean, giving to the United States that welve months is ir^" of the territory south, and to the govern- th nations and ni*** "^ freat Britain that portion of the terri- 'l.c one giVing th^f "''^''' ^^ ''^''^ ^'"^•" ith reference tT) tli^^""^*' consistently with my notion?; on this md has a right ttl^'^ ^"*'' ^'% ''• ' consider both of his reso- lis be true, the m^^ objectionable, and will proceed to give cations of a wish t'jf<^^^""s for that opinion. I obji^ct to his first to acquiesce in jt'^iution, because it. in etTeet, directs the Presi- hf r nation entirelAf^^ ^'^® United States to reopfui the negotia- (itence ^f trade o''* ' ^'" ^^'iil'"2" =^"'1 desirous that the qucs- s hovering arouni"^'^""''^ ^^' settled amicai)ly and honorably by lie largest amounSlj'^*'""'^ ' ''"' ' ""' unwilling to fl)rce the specting and coni**'lpf'f to reopen tlmm. I leav(> that with I at once, when wW '" ^he belief that, if it is proper for him to such a thing, shi *»» ^"' will lake that course, us, and in thai-'^i* ^'''^''"^"' ""''^'^'"tio" — the one which I have Aside from that''^***^"'^ — •*' obj(X'!ll(inahle, because it bU^nds the i, the nation o-iy.lo with the notice, which it stntuld not do. — when the treat\'*'|K '*"' separate and distinct propositions, and the nation noti'*'*^ ^^' ^^V^ ^^- •'^"'' ' ''•'^"' ""t what my notice the day if'^" ah"ut our vitle may be. I could not vote It any other timi'''l"""*''^'^"S '^ with the notice. Let us first ition'of thetwelvf'^*!*^*' notice, and throw ourselves hack upon [e would be givei''^^^'^ ' ""^ ''' ''^ ^ln^ mean time, while the treaty is notabro''^ is running to its termination, the govern- is o-iven, but iri^"!^ think pro|)er to negotiate, let them do so. ig which time li^*^ ^'^®y '"^y '> '"'* ^^ they do not, and the red and oblio-atnr/®^*' months elapse without a settlement of the if Great ^ritair^'^'ty, then the title becomes a legitimate eiple, she would'^ 1P'""P'''" ^"^'j'^'^t '"r debate and investigation, civilized world/'**'* ^^ propose to take rxclnsive possession of les." leifcrriiory, the question very propf>rly presents le gentleman re^'^» ^^^^ *'^'" ^^^ ''^''' "' '■''^ United States ex ot hold good be-'"^^ '^ '" '**^°' ^'"'"' ''^'^ '*'* *^top; if to 54"^ w requires one to^*'*^^'"*^' "^'^ "^ ^o- ' ^i'l g<' to what I hon- n specified lengtli'^3^ *'""-''''*''^ ^^^ extent of our title, but not be- in court against°5f '|: , , . tified can waive - jf''* ve the resolution of my colleague will lately to trial if'***"* an amicable adjustment ; that it will it not otherwise. ****"* farther negotiations. In his notice he presumed (as jn'"'?*^^^ to mark the boundary line, and to say ive it with refe^*'®'^^* Britain that she must come to the line w specifies, and **'^*'*'' ^"' ''?'''• ^^^^^ ' understand to be the e/Twt of it. and she will doubtless so construe it. What, then, will Great Britain do? What can she do? She has uftcu relused to yield to 49°, and we tell her sIk; sliali yield to it. I am sure we will not difler alxiut a refusal on our part to fall lower down than that. The difliculty with us is, Will we. (-an we .>,in'.i' to I'P? My ob ject now is, not to show thai. 49° is, or is not, the true line, but to show that the efTect of such aclio;i would he a fight iieyond all doubt. Can Great Britain neijoliate any farther with such a threat hanging over her? iJoes any mendjer of this committee lu'lieve she would? Under this state of the case, would she not tell us, and very properly tell us, that she could not treat or ne- gotiate farther, while the threat remained unre- sciii(i(!d? I am satisfied that jiuch would be the course of our government under like circumstan- ces ; and r therefore tliii.k that war must he the conseiiuence. V^iew it with reference to our own Exeentive, and it is no better. We say to him, in the first resolution, that the Oregon difliculty is a "sub- ject of honorable neijoiiation and compromise, and should be .so adjusted," and in the succeed- ing resolution of the same series we shut the door against all n(,'gotiations — we take it out of his hands. Hovv can he negotiate when thus compromiited ? What is left for him to do ? I grant he could cause a note to be written to Mr. Pakenham, covering a copy of the resolutions of ConLTCss disclosing the iiUimalmn of this gov- (>rnnient. Great Britain would say •■ I cannot ac- cede to that proposition ;■' and there negotiations must terminate, as the President can do no more. England might propose to give us more of the territory, even than 49°, if we would connect other things with it. She might want the use of somc^ of the harbors in certain contingencies south of 49° ; and she tnight agree to yield more, if wv. would give her some specified commercial privileges. Indeed there are many other matters which might be connected with the Oregon con- troversy to induce a more favorable termination of it lor us. I do not name these, because I think they should be used by the President. — My object now is, lo show that the resolution to which I refer would cut ofi' all negotiation ; yet gentlemen who advocate it say they are for ad- justing the question l)y iiegotion and compromise. We had quite as well relieve our Executive en- tirely of this whole subject, as to go the length (iioposed. Why not direct the clerk of the House to deliver to the British minister a certi- fied copy of the resolutions ? [t would amount to the same thing in the end, as though it were done by the President, or Secretary of State. I hava before remarked that 1 could see no con- nexion between this question of notice and the title. It is necessary to give the notice whether we have title to all or to only a part of Oregon. This controversy should be settled, that the gov- ernments may know the extent of tlieir right;,. VJ I ; I:- 1 1 If our title is odod to only a part of the territory, it is even iimro iin|)(irtaiit tlial an iididstnie'nt should 1)0 luni than if it wen? known to he iniod to all ; for if oiir peopln jro beyond llif true line to which our title extends and make settlenic iitis, wo will never iiive ihem n\>, title or no title.— In such a case, the y.n)\)\e would not listen to special plcadinjr. The time has p;is.-:i-d when this governrnent, under any administration, will venture to surrender up or liansfer ius citizens to any other nation. Althonjih it is not my intention to discuss the title, I will, however, make a brief allusion to an argument of my colleajrue [Mr. Dargan] upon the Nootka Sound convention between Great Britain of 17 abro- gated or aniiuUod, unless with her con.sent. He referred, in illuslraiion and support of his position, to the treaties by which this government aerpiir- ed Louisiana and Florida, and demanded to know whether a war between the United States and France or Spain would ai>rogate tiie treaties of 1803 and 1819. and relransfer to those nations the territory which the United States obtained from them. No one could hesitate toansw(?rhis tpie-slion in the negiitive. I do not, however, consider the cases as at all analogons. Treaties are contracts between nations; and yet it does not follow that they are all of the same precise character. They are widely different — some executed, giving a permanent, a vested right, as in the purchase of Louisiana and Florida ; and others executory; others, again, in the process of being performed, but never completed, and from their very nature cannot be, because they are C(mtinuinp;—swh as all reciprocal commercial treaties, where the consideration is a perniismm. on the part of each nation that the otluT may do particular things, the permission of the one being the consideration for the permission of the other In ihe cases of the purchase of Louisiana and Florida, the contract is executed : the considera- tion has passed entire into the hands of the ven- dor, and it is beyond i)ur reach. We have pos- session of the territory, and have organized our federal and Stale governments in it. War can- not, therefore, abrogate or rescind ihem so as to affect our rights under them. We now have commercial treaties with Great Britain — treaties of trade. The vessels of each nation enter the ports of the other in pursuance of treaty stipula- tions. But if we should declare war against her, all of these stipulations would be abrogated, and the vessels of neither could enter the ports of the other. I come now to the treaty of Nootka Sound, under which these rights are claimetl ; and in OTider to obtain a proper understanding of its pro visions as far as they bear upon this point, so as lo enable us to determine to which class of I ties it belongs, it will be necessary fur me to; its third article : r»ry tic "Art. .'J. In order to .strengthen the honady occupied, foiJ purpose of carrying on their commerce with i«ttlem< natives, or of making settlements there. |.freen ' contended that the right of settlement carMBni'if with it the right of soil ; and that, therefthe c""^ (rreat Britain under it had a right even to pinwdeni a colon)' there if she chose lo do so. Miiuch I bog lo differ with those who hold that itages gi nion. I consider that the entire grants of ilMlweei article of the treaty relate to the one grand Mr. ' leading object which Great Britain had in vbi prefi at that time— /Mi/jg and c(fmyt/4g- mi cowMm^y- with the natives of the coviUnj. She did wl loi want to make settlements for any other purnjpws U we wanted no colony there. And if you iftty *' l(K»k to the history of that transaction, you \WttBed find that the difficulties which leriyi|eges arnd. /They w^nt^d to establish trading points re ihe natives could iind them tli at they [ht ^^j^ry on commerce — wht;re tlwy could ,,Q^re and prepare their fish for > market. — t^Qin^i>t,xira8 necessary for th^ uurtpwse. Tak- Jthe^ V4ei\v8 of the treaty of 1790 between t Britain and Spain — construing the term ir commerce witti Mttlement used in it us I do — distinguishing be- tth'ments there. j."WDen the extent of its meaning there, and the of settlement cariUOaning we ordinarily give to it— I am led to ; and that, therel'ilw conclusion that it was intended as a mere I a right even to pinoident to the right offishing and trading ; and i to do so. usuch was abrogated with the rest of the privi- )se who hold thati^fes granted in that article by the war of 17% I entire grants of itattween Spain and Great Britain. ;> t(j the one grand Mr. Chairman, peace is desirable, and should It Britain had in \k$ preserved if it can be done in an honorable ciirnfing- on conjt«i*Bly. But I tell gentlemen now, ana hope they nnUrif. She did tlill look to it, if tiicy suffer the present Con- ibr any other purjxfliws Ut adjourn without action on this *iuestioii re. And if you tttlBy will regret it. The people have been ha- transacHon, you i rawed long enough with it; they demand itsset- hich led to, and v tbment, and will be disappointed and much dis- md convention, or ■•tisfied if we adjourn without doing all we can rt on the part of J towards it. If this controversy should remain le very privileges open and unadjusted, so as to constitute theprin- y that treaty. T; «p»l element (as it will do) in our next popular nd trade; but to pj ewct ons, there will be no half-way house left, they must also k "the next Congress will be forced on by public AT could they fisli^ Minion arising from a feverish state of the pub- to uavigat« the v Iw mind caus^ by our failure or refusal to act at (self says, "navi^ thb Corigress. heries in the Put The President of the United States has taken id on the coast : k%h ground upon this subject. His message has Ispensable to /m/ii buen endorsed and eulogized throughout the s. For if they w length and breadth of this Union. The people could they carry Ipve responded to his positions in tones of the I I And if they 1: lUghest approval, and it now becomes our duty right to erect tp te act. Shall we do so? Must we stand still, yec(?de, or go forward 1 These questions are presented to us and to the country. Let tis meet tne crisis; and, in so doing, act with manly firmness. If we recede, tjr fail to move onward, we leave the administration in its' high and pa- triotic position "solitary and alone." The President of the United Slates has taken a bold but ju'^icious and wise step; he has gone beyond any previous administration; and if we re- fuse to sustain hiui, we not only destroy the influ- ence of his administration at home and abroad, hut we effectually block up the avenue to a set- tlement of our Oregon controversy. England will view it as a rebuke of the President by the people — that they condem his recommendations in regard to Oregon. She will then rest ut ease and cease her efforts to adjust it by negotiation. As matters now stand under the, treatv she has all she wanti), and if we refuse lu give the' no- tice, th(^ qiie^i^tion will not be settled, if, how- ever, we present a bdid and undivided tiront^'give >the iK>tice, aud show that a setiiement is deter- mined upon, and that it must come, then^ siriin ir.v vpinioo, you w'tll bring about an adjttsUne«t, Itdo lUA present these vittws inafiarty'SeiMe. 1 S(>f 9k nut a^i- <^ par;>e< tube so understood. Party foeliligs ma^y arise among, and divide us upon tqqos- tions of dunie^tic r; i,. I , W-, i- '■"■ t; '-.y..: ■ I . - f ' '■ I • *'',•(■ I — ,■■(.' ■ i :■■'■<.. ,v '■", • • ; ■'■ ■■'<■< >'i'..- • ' !( * . { •U.'r.- ■ -v^ ■ -; * . \ . ■ a, 1 f*>ll i»" . ■ ;r ('' ■■ !,'r.»f , .?■^^«•'■'Hl: -,f\ -.; ',* i • a-fai^w. ^■< ■ . .; ,„' ■ .■'■ ■ ^ .':|. • -. ,:.•.!;.' •.*v (t ■ > ' ♦ -.v-^ .. li :>,■> .'■ ' ,'' - /• ;■. :•:..■ hl-Ar '.■■■' -;..fi ■■/^■^ ■■Iff *.f'(pf!;.f:< \ii\\i-if '\.> .d'.'* ; p .^l/J hv.'! ;?»;_ J»H^^f-,4' ' ■ ^ Wv^ivA •-«; -W» M- -.^, IS! i Ji ng resolution was ;i nbly of the Slate t| 1844 and 1845, J use of Representati ; lelSth February, l' rue policy of the I joint occupancy o: tea and England i It the title of the I r Oregon is clear a 7th page : ■ inexpedient to giv lit not give heed tc | ig, lohether in the I Hther give nor toil | or bill, authorizinc i y the two departnu) | nn the treaty makii f uestion, toliether th ;; uould also tend to i 'i wig- up the House I why should the k lover the subject, , it has become so \ the controversy, ai ■I ■■• "!• i'. ;;. ■■'■ '<-.l.') , 1'" . i ..' ,< ri J.( ily-'i , Pa \ fi tf^ "* ij. .{'i L' h^i t . ? r R^ •" 1 <. 'f : , J-*V-^ •^•M ^ s ., !?> ,' mjs r «f I* *(^; i^e''-