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Sir, the time has been when inactivity (on this question) was masterly, was wisdom. But it is not now. That day has passer^. It is, perhaps, to be regretted that it has passed, and that a difl*erent direction had not been given to it. It is deeply to be regretted that a grave and diflfieuU ({uestion of territorial rights should have been dragged into the arena of party politics. The nation may have other and abundant reasons to regret the conduct of this question. But my business is not now with the past; the present posi- tion of the question must be the basis of our action upon it. The current of events has brought us to a p iint where we must act, and act wisely and promptly; where, if we cannot advance with safety, we cannot retreat with honor or advantage to the nation. ''Masterly activity," is now demanded by the crisis. By this course alone can we retrieve the errors of the past and secure siiccess for the future. What shall that action be? Perhaps the fate of a magnificent empire may depend upon your answer. But it must be decided, decided now, and for the nation, and not only for the na- tion of to-day, but for the nation throughout all time, for future ages and unborn millions. Let us, then, elevate ourselves, as near as may be, to the magnitude of the question. Let us pity, (if we can repress the uprising of more natural, but less charitable feelings,) the imbecile attempt which has been made to embitter this discussion by the introduction of questions of sectional interest a;nd sectional strife, and bring whatever of virtue, what- ever of wisdom , whatever of knowledge, whatever of patriotism, we may command, to its consideration find decision. Then, whatever may be the consequences of our action to ourselves or the country, we can stand erect, with consciences "void of offence towards God and towards man." The question of title has been vaguely and unsatisfactorily treated of in this debate. The ''pre osure from without" has been evidently felt and acknowledged in this part of the discussion. A manifest disposition to evade it, to shun it, has exhibited itself on all sides of the House. I would content myself, if I believed the position to be true, with the general acqui- escence in the goodness of our title to 54° 40' north. It would greatly strengthen ray position on the second proposition I have laid down for dis- cussion. I prefer waiving that advantage, and giving my own opinions upon the title, however unpalatable they may be to the House or the country. Our title to the whole of Oregon has certainly not been denied by any gentle- man who has preceded me in this debate. Those gentlemen of the Demo^- I f cratic party who have spoken in favor of giving this notice, have generally affirmed the goodness of our title to 50° 40' north, but have contented them- selves with llie evidence of that fact furnished by the Baltimore resolutions, and the President's inaugural speech, without further inquiry. Those of the same party who oppose the notice, perhaps with a prudent fear of sucIl high authority , have contented themselves with the expression of a desire to acquire "all Oregon," and pointing out their mode of consummating that object, without the expression of any opinion upon the present rights of the country. My Whig friends who oppose the notice, have also shown an in- disposition to encumber their position with any expression of opinion as to title. They too are for "all Oregon," but when and how it is to be ob- tained is left in convenient ambiguity . Both the British and American diplomatists have rather directed their ar- guments each against the title of his adversary, than in the support of their own. The reason of this may be found in the fact that it is much easier to show who has not tiile in Oregon than who has. Test the title of both countries by the principles of international law, and both are exhibited be- fore the world in the ridiculous attitude of quarrelling about that which be- longs to neither, but is as yet the common property of mankind. And here lies the whole difficulty of the negotiation; so long as it shall be regarded as a question of title, an amicable adjustment is impossible. I have not been able to bring my mind to the conclusion, that our title to the whole, or any part of Oregon, is either '-clear or unquestionable." And I shall proceed to give briefly the facts and reasoning upon which my opin- ion is founded. The facts are few, and not obscure; they are generally ad- mitted by the advocates of both sides of (he question. That part of the northwest coast of America now called Oregon was undoubtedly first dis- covered by the Spaniards. These discoveries began with Juan de Fuca, in 1592, and were followed by other Spanish navigators, at diflferent periods,, up to 1774 and 1776, when the whole coast was carefully explored by Pe- rez and Haceta. Spain claimed title to it by virtue of these discoveries, and performed various acts of "taking possession," according to the usages of the times, long before this coast was visited by the navigators of any other civilized country. This claim of title, not being acquiesced in, never ripen- ed into a title by prescription, and it was inchoate and imperfect until com- pleted by actual "settlement." "Settlement" is necessary to perfect a title by discovery, according to the most generally received authorities upon in- ernational law . And the principle appears to me to be a sound one. It. is founded in natural equity. That which has no owner, natural equityr ^ives t occupj equity it is ag fhereh applyii and b^ made i tween occupti 1789, i hithert if she e tory. to the by the opinioi but wi whole I were , \ purcha month; title, w Yet Spanis j by our of Spii Colum OP.i till b'le." to mal^ The lumbia and CI lumbia , the Sp generally sd ihcin- solutions. rhose of of such, desire to ting that Its of the rn an in- ion as to to be ob- their ar- t of their easier to ; of both ibited be- ehich be- A.nd here yarded aa ur title to e." And my opin- rally ad- rt of the first dis- Fuca, ill , periods,, I by Pe- rries, and usages of my other ^er ripen- ntil com- ect a title upon in- one. It \\ equity: gives to him who first takes, retains, and uses it. Merc discovery, without occupation, gives no perfect rights, either by the law of nations or natural equity. And that occupation must be continued; for, after abandonment, it is again open to him who chooses to enter and occupy, and good title is thereby acquired, notwithstanding the first discovery and occupation. By applying these sound and obvious principles to the title claimed by Spain, and by us through her, its defects must be apparent to every one. Spain made no '^ settlement" upon any part of the northwest coast of America be- tween 42° and 54° 40' north . It is true that she resented tlie temporary occupation of a trading post in this territory by Meares, and ousted him in 1789, and continued in possession of that post ur Ul 1795. From that time hitherto she has never had possession of an inch of that territory; therefore,, if she ever had any rights there, they were lost by her abandonment of the terri- tory . This was the state of her title in 1819, when she gave us a quit claim to the country. She had nothing to convey, and we therefore took nothing by the conveyance. I am warranted in the conclusion , that this was the opinion of our Government in 1818; for, at that time, in utter contempt) but with fuli knowledge, of the claim of Spain, we offered to divide the whole country with Great Britain. And, what is still more conclusive, we were, at that very time , treating with Spain, among other things, for the purchase of this title, and did actually acquire it, by treaty , within four months after the offer was made; and five years after having acquired that title, we again made the same offer to Great Britain. I Yet now we have the boldness to say, in the face of these facts, that this Spanish title is " clear and unquestionable." This is the ground assumed by our Government, for we do not pretend to have any other title but that of Spain to any part of this territory north of the country drained by the Columbia river. And it has been said, in very respectable quarters, that op.i title " to the whole of Oregon" (to 54° 40') is '' clear and unquestiona- lile." This Spanish title will require the endorsement of a victorious army to make it available . It is worthless by itself. The American claim is based upon the entrance of Gray into the Co- lumbia river, the explorations of the main branches of that river by Lewis and Clark, and the settlement at Astoria. Grey did not discover the Co- lumbia river; the credit of that achievement is acknowledged to belong to the Spantard Haceta. Exploration, of what was before discovered, is not recognised by any principle of international law as a means of acquiring title. It could, in no event, stand on a better foundation than discovery without settlement. The settlement at Astoria presonls our strongest claim to the 1/ B country aflfected by it. But it is to he regretted that thid claim of title is not free from diflicuhies. Whether the establishment of a trading post in a country unoccupied by civilized man is sucli a ^' settlement" as satisfies that principle of international law, which requires actual settlement to per- fect a litle by discovery, is a question, upon principle and authority, more than doubtful. And it is worthy of consideration, admitting that such a settlement does satisfy that principle — to what extent of territory does it give good title? I am not prepared to admit that it confers any title whatever. The principles upon which these doctrines of international law are based, aie plain, simple, resisonable, and just. The earth was made for the use of man — whatever portion of it is at any time not appropriated to his use by actual occupancy, or municipal law, rightfully belongs to him who first lakes, uses, and subdues it. Such a settlement does not satisfy this greai principle. The idea that the building of a hut, for the temporary protection of trappers, and half a dozen sheds for the reception of the skins of ani- mals, gives title to, and excludes the rest of the human race from a country 600 miles s(juarc,is a mockery of the coiimion sense of mankind, and u libel upon the goodness and the providence of God. Contiguity is the only remaining ground of American title. It is not insisted that it gives a per- fect right. At best, it is an interpolation upon the international code. It means, simply that the territory in dispute belongs to nobody, but that it adjoins some that we own. It is based upon the idea that nobody owns the land. So all other titles must be vacated before this one acquires vi- tality. By acknowledging this to be a ground of tide, Uie country would be divided between this country and England by the 49° parallel of north latitude. Such is our title. But, defective as it may be, it is still better than that of England. It is unnecessary to dwell upon the English title. Every defect in our own applies with equal or greater force to that of Eng- land. She has not even a decent pretext, laying contiguity out of the qeustion, to any portion of the country drained by the Columbia river. Drake came after Juan de Fuca; he may have seen the coast at about 48" north latitude, though even that fact is disputed. Cook's voyage to that coast was in 177S, more than two years after the explorations of Perex and Haceta, and Vancouver at a still later period. She therefore never had any rights by discovery on the coast. McKenzie explored Frazier's river, and British traders established a trading post on that river. The establishment of this post on Frazier s river is obnoxious to the same objections which have already been urged to ours at Astoria. It confers the same rights u]X)n Great Britain lo the coimtry washed by that river, as ours f I im of tide is ing post in a " ns satisfies iinent to per- Ithority, more that sucli a y does it give |llc whatever. w are based , |e for the use cd to his use »iiii wlio first sfy this great iry protection 1 skins of ani- on! a country uikind, and a ty is the only it gives a per nal code. It y, but that it nobody owns 3 acquires vi- ountry would allel of north is still better English title, that of Eng- y out of the umbia river, at about 48" •yage to that )f Perex and jver had any 's river, and 'J I ■•I'll; I to the same [t confers the iver, as ours at Astoria does upon the United States; and, evcluding title by contiguity, it is tlie sole basis of British title to any portion of Oregon . I here leave the question of title. The result of my investigation is, that Oregon is, as yet, unappropriated by civilized man ; that no nation iias, as yet, acquired a good title to any part of it. We have much stronger pretensions to it than Cireat Britain — both by the number and quality of our imperfect titles. Under this stale of the question , I approve the action of the President in oiTering to settle the question by continuing our boundary, un the 49th parallel, to the Paci- fic. The i|uestion ought to be treated exclusively as one of boundary, and settled by negotiation , and settled at once. England has no right to de- mand, and I would not yield by negoiiation, an acre south of 49°. What- ever may be our title, or whatever our claims, the public [nterest, in my opinion , demands that this joint convention of ISIS should be terminated in some form . If The gentleman from South Carolina (IV^,. Rhett) argues that it is in- cumbent on those who are in favor of giving this notice to show what harm the convention has done , and to give reasons for its termination. I shall proceed to ofl'er the reasons foi giving it which have controlled my mind, though 1 do not admit the correctness of the rule laid down by that gentle- man. The general rule is, that the laws and ex«'lusive dominion of every country should be co-extensive with its territorial rights. This convention is an exception to this rule; and it is the duty of those who support the ex- •ception to show sound and conclusive reasons for it. The reasons which induced the adoption of the convention have ceased. We have received all the benefit from it which it is capable of conferring. It is prolific of evils in the future. The "imperium in imperio" which it establishes has hitherto been innocuous, because it has been without permanent population to act upon. Population sets its evil principles in action. We have had this convention in force for twenty-seven years. Under it we have not ap- proximated nearer a peaceable and satisfactory termination of the controver- sy than when it began. If England has advanced somewhat in that direc- tion, we have receded. We are not likely to lessen our demands witli in- creased and increasing power to support our pretensions. If it is continued twenty-seven years longer, I cannot perceive why the reasons for a still fur- tl#er continuance of it will be less cogent than now. And the history of the past warrants me in the conclusion, that every day's delay diminishes the chances of a peaceful termination of the controversy. It is wise in the Eng- lish Government to desire the continuance of this convention, but not in 10 cure. In 1818 and in 1827 neither party were prepared to colonize, to settle the country; both were prepared to use it, to hunt over it, and to trade with the Indians. The usufruct of one party in these modes was not inconsistent with that of the other. This is not now the case. We are now pvepared to settle, to subdue, to cultivate it. England is not. I wish to avail ourselves of this advantage. Terminate this convention , and our settlements will give us good title. Yes, sir; a good title even to 54° 40 north, if they shall be prior in time to those of other nations, and sufficiently extensive. But, with this convention in force, we can acquire nothing by our settlements. The idea of the gentleman from South Carolina (Mr. Rhett) that the wave of population, now annually rolling on to- wards the Pacific from this country, furnishes a reason for the continuance of this convention, appears to my mind not only untenable, but that fact has struck me ks'a strong and conclusive reason for terminating it. The position is admitted by both Governmenls, that no act of either party, dur- ing the continuance of the convention, can in any way affect the title. You may send forth to Oregon tens of thousands of your countrymen, subdue its vast forests, improve its rivers and its harboi"s, cover its face with cultivat- ed fields, build cities and towns, palaces and cottages, erect temples to> learning, temples to justice, and sanctuaries to the hving God, in every ten miles square of its territory, and, with this convention in force, your title will be just what it was in 1818. You would thereby increase your diffi- culties, produce inevitable conflicts, embarrass your future negotaitions by the introduction of new elements of discord; you would have people and" improvements to negotiate about, as well as waste land; and you might increase your ability to hold the country by force against your adversary; but you could not strengthen your title; it is so "nominated in the bond,'" and the faith of the nation is pledged to it. I would strike off these shack- les; I would place the country in a position to pursue whatever policy her honor and her interest might demand, untrammelled by the now useless and injurious fetters imposed by this joint convention. There is an addi- tional reason, growing out of this emigration of our people to Oregon, for giving this notice. It is is said that seven thousand of them are already there; they had a right to go there; they have been encouraged to do so; they demand of us their birthright, the benefit of our laws, the full benefit of them; the demand is just; we ought to comply with it; this convention prfe- vents us from doing so. I would, therefOie, put an end to it. This emi- gration would increase but for this convention. Oiu- ixioplc can acquire no property in the soil ; permanent improvements are for that reason discour- ! aged, ingtli he ml ing tl curitj Tl is, ai who 18 imi him. He deal t ] lionize, to it, and to Bs was not We are I wisir , and our o 54° 40r ufficiently othing by ina (Mr. on to- tinuance that fact it. The »rty, dur- le. You , subdue cultivat- mples tO' 'Very ten ^our title our diffi- itions by )ple and" 1 might ^^ersary; bond,"" ! shack- icy her useless 1 addi- on, for I ready do SO; »efit of n prfe. 5 emi- ire no 'cour- 11 aged. No man will build a house without reasonable expec*-^tion8 of be- ing the undisputed master of the door. Under the existing state of things,, he may be compelled to abandon his home or his country. By terminat- ing this convention, you encourage industry and emigration, by giving se- curity to property. The notice ought also to be given, thut we may know what the country is, and where it is. I wish to know where to place this god Terminus, who was referred to by the gentleman from Missouri, (Mr. Bowlin.) It is important to the peace of the country , to know certainly where to place him . Our American god Tenninus is somewhat different from the Roman . He has legs; yes, sir, and long ones, too: and he is likely to give us a good deal of trouble. Like the spirit of Democracy, he is progressive and ag- giessive. He seems to claim under the new and boundless title of "mani- fest destiny." He follows the pioneer and the h>inter, and- his tracts all point outward; he never retreats. Wherever he YHak a pretension of claim, he holds his title to be ''clear and unquestionable." Let us fix his location quickly and firmly, or this war of opinion, this war of systems, to which gentlemen have referred , may come upon us before we are ready for it. For this reason , too , I would give the notice. I prefer that it should be given in the manner pointed out in the resolution of my friend from Ala- bama, (Mr. HiLLiARD.) I would give the President this discretion, not to embarrass him or the question, not to evade it or to shun its responsibility, but because, in my judgment, on purely public considerations, it is the most proper, if not the only proper, mode of giving it. The Constitution con- fers upon him an important part of the treaty-making power. In all trea- ties he has the initiatory part to perform. He appoints and controls at plea- sure our foreign ministers; through them he, and he alone, is fully inform- ed of the disposition, objects, and designs of other Governments. He must therefore be the bes^ jwdge of the precise time when it is most expedient to give it. If he should ascertain, for instance, that giving the notice would be unjustly seized upon as a pretext for war by Great Britain, he ought to withhold it until notice could be given to our commerce ufK)n the seas, and until adequate forces could be raised, equipped, and advantageously dis- posed for the national defence. It is not an extraordinary discretion. It is simply remitting him to the full and free exercise of his ordinary constitu- tional powers. It is a responsibility which he has no right to evade or to shun. I would arm him with his full constitutional powers, and hold him responsible for their proper exercise; but I will not condemn him in aU- 12 vance,and I trust that he will neither give me or the country any just cause of complaint in the manner in which he shall discharge this duty. Joint occupation without treaty stipulations does not necessarily produce war. We had that state of things on our northeastern frontier for above fifty years without war. We have joint and even adverse occupation, at this mo- ment, on our southwestern frontier; and if the transactions by which we extended our boundary in that direction does not produce war, we have no cause to fear it from this source. The giving of this notice has no neces- saiy connection with the question of war. I do not propose to give it be- cause I believe the argument k exhausted, and the question must be sub- mitted to the arbitrament of arms. Such is not my opinion. Every mode of peaceful settlement will still be open to both parties. And, sir, I do not hesitate to express the opinion, that the question ought to be viewed as one of boundary, and settled* by negotiation, or in any other honorable way, rather than by an appealfio arms. But, sir, we have no power over the question of negotiation; we cannot control it; we must legislate for the country as we find it. Our negotiations have been terminated by our own Government, fvnd we are informed by the President that ''the extraordinary and wholly inadmissible demands of the British Government, and the re- jection of the propositions made in deference alone lo what had been done by (his) predecessors, and the implied obligations which these acts seemed to impose, afford satisfactory evidence that no compromise which the United States ought to accept can be effected." However that fact may be, I think it is fairly to be inferred, from this statement, that England is not likely to make any proposition which the President will accept. This is the state of facts on which we are called upon to act. Shall we abandon the rights of the country because we may differ with the President, either as to the extent or the best mode of acquiring them ? I trust not, sir. This extraordinary pretension of England to put every other nation upon the strength of its own title, and to claim all the earth to which no other na-, tion can show a good title, I will not admit. She must produce that will of Adam to which my friend from Massachusetts (Mr. Winthrop) face- tiously referred, and show the clause making her his residuary legatee , before I will even consider that pretension . America ought to belong to Americans, and if we but do our duty it will belong to them. Terminate this convention , pour your hardy, adventurous population over "all Ore- gon," that will give you a good title to it; then call upon the countiy to de- fend that title, and no power on earth can wrench it from the iron grasp of twenty millions of freemen. In this way you rightfully acquire all Ore- ages] and I try any just lis duty, i'y produce above fifty at this mo- which we ^^ have no no neces- give it he- ist be sub- fc^ery mode , I do not ed as one ible way, over the te for the ^ our own aordinary »d the re- •een d^Jne ^ seemed le United nay be, I id is not This is abandon U, either not, sir. on upon »iher na- Ihat will p) face- legatee, long to rminate 11 Ore- y to de- ^rasp of II Ore- I 13 gon , and in no oiher. By pursuing this policy, you will have no war /or it. England will not fight for that which does not belong to her. She ha£^ something to risk by war as well as ourselves. Her people have wept over its horrors ; they now feel its burthens . She , too , doubtless appreciates the bles- sings of peace ; the civilized world desires peace . War ought never to be sought j it is one of the greatest of national calamities ; even when necessary for the de- fence of the highest of human objects , (or nationality , for liberty , it rarely com- pensates the generation which wages it successfully for its terrible sacrifices ; yet it cannot always be avoided; the universal judgment of mankind, in all ages, and in every country, has consigned to infamy and disgrace those men and nations who have refused to resist aggression or defend their just rights, even by the sword, when necessary. But I see nothing in this question now which renders it expedient "to prepare the heart of the nation for war." Hence, I have no appeals to make to passion or patriotism. I leave eulogies upon the prowess of my countrymen, and denunciations of Great Britain , to those who have already displayed so much zeal and ability in that service; but, as that zeal in this cause has been so often and so point- edly rebuked, here and elsewhere, I will take this occasion to say, that while I deem the extravagance of those eulogies, and the intensity of those denunciations, inappropriate to this place and this occasion, I honor and sympathise with the feelings which prompt them. They are na- tional — American. These denunciations are but the utterance of the pent-up recollections of unmeasurable wrongs to humanity. That living dust which for so many ages was trampled under foot by the tyrants of the Old World, has here commingled harmoniously together. It has assumed a human voice, and elevated itself to property, intelligence, and a know- ledge of its rights. It has achieved the glorious victory of equality; but it has neither forgotten its oppressions nor its oppressors. It is this human voice, thus elevated , stimulated by these recollections of its wrongs, its sufferings, and its deliverance, which is ever struggling, not only within these walls, but within every tenement throughout this republic, in its by- ways and in its highways, in its fields and its forests, to hurl back across the ocean wave its stern defiance to its ancient oppressors. Let it bide its time, and tliere will be no discord in these tones of defiance. Yet, notwithstanding these feelings, the nation desires peace. I know my own State ardently desires it. Peace is now peculiarly necessary to her. A new career of prosperity is now opening upon her; she is almost recovered from the pecuniary disasters of the last nine years; she now fully appreciates the importance of her geographical position, and her un- ^ I 14 rivalled natural advantages; ber agriculture is beginning to improve j her ^reat mineral wealth is now understood, and capital and labor has already begun its development; her manufactures are prosperous > and rapidly ex- tending themselves, giving new and profitable markets to hitherto unpro- ductive labor, increased activity to the mechanic arts, and additional mar- kets to her agricultural products; her internal improvements, judiciously lo- cated, skilfully and profitably managed, have already nearly connected the Atlantic with the navigable waters of the Mississippi. Peace is indispen- sable to the speedy development and fruition of these advantages. There- fore, peace, honorable peace, is the highest interest and most earnest wish of my native State. But her past history is her guaranty that she will never surrender her own or the nation's rights. She demands at the hands of her representatives that those rights shall be maintained temperately, as becomes a just people; firmly, as becomes a brave people. And if this course of policy should be made the pretext of unjust war, she will say, with one voice, "Let it come," and God defend the right. She demands only that the cause shall be just and suflicient. If it be the will of Great Britain that this magnificent empire, to which she has no just claim, reach- ing from the snow-capped peaks of the Stony mountains to the Pacific ocean , shall be consecrated to freedom by baptism in the sweat of the poor and the blood of the brave, Georgia is ready to contribute her portion of the sacrificial oflfering; and through weal and through woe — throughout the vicissitudes of a third conflict with our powerful and haughty adversary — I know she will display a firmness and magnanimity equal to the occasion, and as prolonged as the conflict. •' '^ ■ ^ .• '- m i-7hi-t'>: , J '' i I'll I «i ." I .'■;. I '_•"■' '. V. "U .Ml »I. / li ■ ;v I ,, 1 . I • i \ I mprove; her has already I rapidly ex- herto impro- lilional mar- iiciously lo- n nee ted the is indispen- es. There- earnest wish lat she will it the hands iperately , as And if this le will say, he demands rill of Great laim, reach - the Pacific of the poor ;r portion of jughout the Iversary — I ve occasion , I i 'i 1 1=' u t