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Lorsque le document est trop grand pojr Atre reproduit en un seul cliche, il est film* £ partir de Tangle sup^rieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images n^cessaira. Las diagrammes suivants illustrent la m^thode. 1 2 3 4 5 6 icf I *- (^yyoxt/uvest CoUectio/v IT SPEECH OF MR. ALLEN G. THURMAN, OF OHIO, ON THE OREGON QUESTION. 'It H Delivered in the House of Representatives, U. S., January 28, 1846. WASHINGTON: /. 4b G. S. GIDEON, PRINTERS. 1846. %0? SPEECH Til" House \'t\nc: in Committfe of the Whole on tlic stntc of ih^ Union, nT.fl tho rrsiilution rfjpfiited i)y tiic Coinniiuec mi Foreign Ilekiluni.s, providnii; for in" !ii»rni;iiiio)i, liy ;i Moticf to Greai Britain, (pf til': ''oiiveiit'oii (jf Aujrnst (iiii, 1"^•J7. lietwii'ii CJrtv\t Biiiaiii and the U.-iitfd Stotos, l.iciiiir, tdjrcthf-r witii ilie proposed ;inio:idmcnt.-; to s;iiJ i-(.'.-">iji;on, luuivr consideration — Mr.THURMAX -md: Mr. Cn.Mu.'MAx: Tlie Uniiod States claim exclusive doniiuioii over llie whole of the country known by the name of (heoon, exteiiihno- from (he Rocky mountains to ijie Pacific in k)n:?erts for herself, if not an absolute ownershij) of the same country, an assumed right, at least, to colonize and forever retaia such vacant ])ori ions of it as she may see fit to occu])y. These dillerent claims, obviously altogether irreconcilable with each other, have been a su'oject of negotiation between the two governments for now nearly thirty- years. The residt of the negotiations has been the formation of two trea- ties, neither of which settled the controversy, or in any manner allected die question of title. By the third article of die lirst o? thejo treaties!, (the convention of ISIS.") it was ajireed: '• That any country that may be claimed by either piuty on the north- west coast of America, vv'estward of the .Stony mountains, shall, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years from die date of the signature of the present convention, to the vessels, citizens, and subjects of llie two powers; it being well understood that this agreement i.> not to be construed to the ])rejudice of any claim which either of the two high con- tracting parties may have to any part of the said country; nor shall it be taken to allect (he claims of any other power or slate to any part of the said country; the only object of the high contracting parties, in (his re- spect, being to j^revent disputes and dilferences amongst themselv<'s." These provisions were, b\' the second treaty, (the conventioti of August 6, 1S2T,) "'indefinitely extended and continued in force,'' with the fol- lowing stipulation, however, for their abrogation, at the o})tioii of either party : ''Art. 2. It shall be competent, however, to eidier of die contiacting parlies, in case either should think fit, at any time after the 20lh of Octo- ber, 182S, on giving due notice of twelve months to (he odier contracting party, (o annul and abroga(e this convention; and it shall, in such case, be accordingly annulled and abrogated, after die expiration of the said term of notice.''' T'he President, in his late annual message, after reciting these facts, and staling the rejection by (he British minister of (he proposition formerly made, and recently renewed, to divide the country in dispute by die forty- ninth parallel of latitude, giving to Great Britain ail nortii, and to the United Slates all soudi, of that dejjree. savs: '' Tlic rxiraonliniiry ;iri(l wholly inruJinissiblo demands of tlie British (j(»v<;riiin<'iii., and ilic r()»'(i,i()i» (jf ilir proposititjri nmdtj iii deference alone to vvliiil. Iiud \)i'A\i\ doni', hy my predecessors, and tlie implied obligation wliicli tlieir acis acemrd to impose, aflbrd satisfactory evidence that tio coinpnnnisf ivkir.h ttui ('nitfii Stales ought to accept can be effected. ^^ And iliat: "All ntit'nipis at rom|)romise liavinj^ failed, it becomes the duty of Con- gress to considn w liat m(!asures it may be proper to adopt for the security and proleciion of wv ciiizens now inhabiting, or who may hereafter in- habit, Oregon, and for the maintenance of our just title tc that territory. In ndopling measures for this purpose, care should be taken that nothing Im; done (o violate die stipiilaUons of the convention of 1827, which is still in font', 'i'lir faiili of (rraiies, in their letter and spirit, has ever been, and, I trust, will ever be, scrupulously observed by the United States. Under that convention, a year's notice is required to be given by either party to the o*' 7." A ma|ority of the ('ommittee on Foreign Relations of this House has reN|tondid allirinatively to this recommeiulation of the President, and re- poiied a r«'solulion directiuii ihe notice to be criven. The minoritv of that comiuiitee, waiving a discussion of the question whether notice ought to be given, contents itself with asserting that the power to annul the treaty, by means of the notice, belongs exclusively to the Executive, (that is, to the I're.-jident alone.") or to the tre;ity-making power, (the President and the Senate,) and thai , consequently , Conirress has no authority to pass a mandatory act providing that the notice *//,) objecting to the resolution reported by the committee because of the positive nature of its requirements, proposes to amend it by striking out the j)art that makes it obligatory on the Presi- dent to fcMthwiih eive tluMiolice, anil inserting, in lieu thereof, a clause merelv emp(»wering him to give it, "whenever, in his judgment, the pub- lic well'are may n'qiiire it."' Such, Mr. <'hairnian, are the main facts, independent of the evidence3 of title, and such the pending tjuesiions upon which we have to decide. Tbi- iir.se to consider is that presented bv ilic itpoit *>f the minority »tf the Citmmitiee on Foreign Relations, viz: T«> which of the departments of tiovernment does the power belong to de- ride that the treaty under consiileration shall be annulled, by giving the no(ic«< therein provided f«)r ? 1 am aware that to tliscuss this tiucsiion may seem somewhat like a very unnece>sary laltor, since the pitsitions assumed in the minority rejx)rt have anpaienily luei with luit little favor, either in this House or elsewhere. ^e\«M•th<«less. as tht>y come from th" S'Hirce and in the form they do. I think them en!iiletl u> at least consideration, and am, therefore, dispoc^ed to fuirly «'\amiiie ihem. l>oes (he p«>\\er bel«»ug to the Mxecuiive ' If it does, it nuist be derived. ol Ci)mse, fuMii some clause m the Coustituiion. Tliat that msirumeni cwi- lie British nee alone obligation e that no )t€d." y of Con- le security rcafter in- t territory, it nothing lich is still ver been, 3d States. 1 by either nd before V any por- proper to ving it ac- the 6th of riouse has :, and re- ity of that 1 ought to the treaty, .hat is, to ident and to pass a gentleman ported by , proposes the Presi- ', a clause , the pub- evidences ecide. presented lions, viz: L>ng to de- riving the ke a very |X)ri have [sow be re. Hey do. I isposed to e derived . lueni con- tains no such grant in express words— that is, that there is no power therein expressly conferred upon tlie President to annid a treaty — will be readily admitted. It follows, that if he possess the power, it must be by virtue of the general clause with which the second article of the Constitution begins, to wit: ''The Executive power shall be vested in a President." .Now, without discussing the mucli debated (piestion, whether this clause confera on the President any powers beyond those specifically enumerated in said second article, it is sulHcient to say, that it cannot include the power to annul a treaty; for such a power is neither in its nature, nor in the contemplation of the Constitution, an Executive power. A treaty. i)rovides the Constitu- tion, "made under (he authority of the United Slates, shall be the .*ucli ;i<4roenil the treaty-making' power i.-> evened in liivinir it. That power is a power to ne<;oiiait', lo siipnlate, to contract . Hut hen' no neiro- tialion, no stij)nlaiion, no contract is nece'ssiuy. All that we have to do to amnd the treaty, is simply to give the notice. IJnl it is contended, that althou^'h tht* givini; the noii<-elias no analogy to the making of a treaty, yet the power to givi^ it is inr.ulrntul to tht; treaty- making pcnver. This h'ads ns to in(|uire, what is an inrideiiial poWer .' It is a i)ower, .«ays General iliimilion. to employ th<' 'ordinary means that are. necessary and ))roj)er to carry the e.\pres.-ed power into elj'ect. Incidental powei-s, according to Mr. Madison. --aie the means of aliaitiinsr the '>/>/>'•;; of the general pov.er.'" What then is the "expressed," or "ifeneral," power conferred on the President and Senate ? A power to 'tiutJcr treaties. What is the ohject of that ])ower? 'IMie mnkin^oi treaties, not the general and exclusive conii"! over oin* I'oreiun allairs. And what are the incidents of the j)ower .' A t'ighi to use the ordinary means that are necess(uy and pro])er to accompli h tUefor/fialion of treaties. But the measure now un- der consideration is not a measure for the formati*)n of a treaty, hut is ex- actly the reverse. Insleail of b»>ini:- the me;uis of makinu' a treaty, it is the means of annulling one. Between it and tin; nt'gotiation of a treaty there is no connection whatever, and the right to decitle on it cannot, therefore, under the commonly received definition of incidental pow(/!s, he deemed to belong to the treaty-nuiking pow»,T. Will it Ite said that this connn(jidy re- ceived delhiition is too narrow; that implied powers are not restricteil to tl^e use of the means necessary to \hc e.irciU ion. oi' the powers expressed ; hut that, on the contrary, a grant of the power iodo an act involves a grant of **>" 'iiht to 7/'//rAMi after it shall have be<'n accom|ili.-'hed; and that, there- the President and Se;iate, beitii;: invested with the power to make iit..des, are also invested with the ]iower to annul them? Shoidd this po- sition be assumed, my answer is, that such a principle of construction, in reference to the Constitution vi the I'nited Slates, is altosrother inadmissi- sible; as an examination of that instrument will show. Thus, by the Con- stitution, the appointina' power to oliice is vested in the J^resident and Se- nate, (he nominating tinil a niajority of tlie latter contirming.) l)ut the pow- er of removal from oliice does not follow as an incident. On the contrary, it bi;longs to the l^residejit alonr , in virtue (jf the iluty imposed on him of taking care ''that the laws be ihithfidly executed." Thus, the power of making laws is conferred upon Congress, but the power of repeal is not thence derived by i/nj)liritlio>/. So implication is necessary; for the grant of the power to mtd JiK.idental •■i the (ihjcrt '•ifnoral," tkr tif-atit's. the ijeiieral ic iiicidetiis ces.-^avy :inil re now iin- , biU is ex- i!y . il is the lienty ilieio , thf'iefore, ! deemed to nnnonly re- icteil to the ressed ; hut : a 2fiant of that, there- LT to hutkc iihl this po- truction, in inadi)dssi- )y the Con- Mit and Se- nt the pow- le contrary, I on liini of le power of leal is not )r the arrant er to repeal ter of ano- csident and substantive an anthor- \;i liner. If die fxetution of l)olh the one and the other helone can become a law, it must receive the .sanction of both tlu; Senate.and the President. Assuredly, if the sup- posed ignorance of this House, assumed by the minority report, is a sullici- ent reason to forbid its taking part in the abrogaii'ju of a treaty, it fu rnishet? a much stronger reason why it should have no agency in a declaraiion of "war. To determine on the propriety of the laife certainly requires a know- ledge as extensive as can ever be needed to decide upon the former. 1 have thus, Mr. Chairman, attempted to shew that the jjower in ([uestion does not belong to the i^jxecutive department, or to the treaty-making jiower. That it is not a judicial function is too obvious for armiment. It follows, that it must l)e a legislative power, and therefore vested in (.'ongrcss. For >ve caimot suppose that it is vested nowhere; ar.d if it is not possessed by either the Executive, the treaty-making, or the Judicial {)ower, it must be- long to the only remaining one — the legislative. And that there are grants •of power in the Constitution to Congress, bixuul enough to include it, ap- pears to me perfectly clear. Thi^ power to '"'provide for the common de- fence and general welfare of the United States,"' to do which may require that an end be put to the privileges enjoyed by (ireat Hriiain under the treaty in question, is one of these grants; anotlier, is the power '-to regulate coin- nierce with foreign nations, and among the several States, and with the In- dian tribes,' by virtue of which Congress may, in my judgment, abrogate this treaty in the manner proj)Osed; it i>eing a treaty of commercL', naviga- tion, and trade alone. And the power -'to declare war'' would also seem to include the power to annul a treaty which miuht inleriere with the ne- cessary ])reparations l"or the dei'ence of the country. 1 have so far, .Mr. (.'hairman, aiuued this ijuestion without reference to precedents. If we look to th.em, we will iind that Congress has passed a multitude of acts allecting die treaty stipu'ations of the country. Thus, as 6 early as 1798, a fretity of the most important character, between this country and Fnuico, and on (he ohsorvance of which l)y us Frarjce strenuously in- sisted, was ahioijatcd. out and out, by nn act of Congress. And since then, liow often have uur treaty relations with foreign powers been changed by our legi.slation ^ We have not acknowledged, by h>gii«lalive enactment, the independence of a sinirle nation that has sprung irUo existence, since our own commenced, and whose dominions were carved out of those of a power with which we had treaty slipidations, wiihout aflecting those .stipidations by our act of acknowledgment. Witness the South American rejniblics — Mex- ico, l"'exas, and other Stales — whose independence has thus been recog- nized. And to refer to another familiar case, and one of very frequent occur- rence. VVe make a treaty of commerce and navigation witli a foreign power, and rcLndate, by it, the })recise terms on which its citizens may tradt! with ours: but provide, also, that if at any time we shall accord more favorable terms to the subjects of any Muer nation, its citizens shall also enjoy sue exercised or not exercised at the discr«;tion of that officer. In other words, he woidd give to the Executive the power to amuil, at pleasure, what the Constitution declares shall be the supreme law of the land. To those wlio knov/ me, Mr. Chairman, I need not say that 1 have, perhaps, as juuch conlidence in the President of the United States as has any geiuleman on this floor. But I should, nevertheless, sir, nioct deeply regret to have the alternative placed before me of being compelled to adopt the proposition of the gentleman from Alabama, or see the notice altogether fail. And although, under such circumstances, I would vote for the proposition, I would do so with unfeigned regret that Congress had thus,as I should feel, shrunk from performing a duty that properly devolved vipon it, and set so dangerous an example of conliding legislative power to Executive discretion. And here I nuist be allowed, Mr. Chairman, to say that I have listened with astonishment to gentlemen, who, after torturing their imaginations hour by hour, and day by day^ to depict the horrors that will, in their judgments, ilow from giving this notice, after denouncing it^ over and over again, as a war measure that must inevitably plunge the country into a disastrous and disgraceful conflict of arms, have finally closed their remarks by proposing to confer, without restriction, the authority to give it on the President of the United States. And to whose hands is it, Mr. Chairman, these gentlemen are willing to confide the war-making power of the land— for the war-making power it is, and no less, if their views are correct? Is it to a man who will not exercise the authority with which they clothe him, a man who v/ill not give the notice, if the power- to do so be conferred upon him? Is it to such a man, Mr. Chairman? No, sir, not at all. The President desires peace, earnestly desires it; but give this notice he will, and that right (juickly, too, if Congress enable liiiu to do it. No one. who has carefully read his message, and knows the firm and decided character of the man. can doubt for a moment on ihis n lliis country reiiuously in- u\ since then, I ilmufjed by nacUTicnt, tlie since our own n power with ipiilations by ublics — Mex- beeu recog- ■qucnt occur- ill I a foreic^n citizens may I accord more :n8 shall also ol by treaty, eby alter the reated . The iiid. lentoirercd by of giving tlic discrc'tion of the power to supreme law 1 not say that United States [ess, sir, moat ig compelled ee (he notice [ wotdd vote I/'ongress had erly devolved ive power to irnian, to say fter torturing 3 horrors that iuouncing it^ r plunge the finally closed atuhority to I hands is it, war-making less, if their uthority with if the power , Chairman? esires it; but igress enable id knows the neut on ihis point. Why . has he not declared, in the most solemn manner, that our title to Oregon is clear and un(|ucstionable? Did he not, when the j)ropo- isition made by hiin, solely in deference to the action of his predecessors, was rejected by the British minister, instantly withdraw it, and insist on our right to the whole of the territory? Has he not told us, in his message, that, in his judgment, (he notice ought to be given? And can any one doubt, after all this, whether he would give it, were the power to do so ploced in his hands? And if no one can so doubt, is it not strange that gendemen who assure us of their belief that war, dishonorable, ruinous war, will follow the notice, should yet be willing to enable the {'resident to give it — give it at discretion? And is it not still more wonderful that the gentlemen, who thus piojtose (o contide in the President, are not among the number of his political friends; and (hat they who, a few months since, were iiKjuiring, "Who is James K. Polk?" are now, so rapid has been their accjuisition of knowledge, both ready and willing to entrust him with what, if their judgments be correct, is the power to make war; are willing and ready to place iti his hands a supreme law of the land, of vast import- ance to the peace of the country, to be continued in force, or utttirly annul- led, as his judgment or his will may dictate? Why, sir, I appeal to these Whig ginitlemen, they whose party name iujplies opposition to prerogative and a par(iali(y for the legislative branch of the Government; they who, for the last lifteen years, have been crying p'oud against Executive power, and denouncing Executive discretion, even when the exercise of that discretion was warranted by the ConstitiUion; I appeal to them, to tell me how it is that they can reconcile ii to their principles to vote for (he ametulment of lh<; gentleman from Alabama, instead of voting directly for the no'ice itself? Air. Chairman, if the power (o annul this treaty by means of the notice is a legislative power, as I (rust 1 have shown it is, il ought to be exercised by the legislature. The act for that purpose ought to be positive and ime- quivocal. It is equally inconsistent with the dignity of (Joiigress, and with the dictates of sound policy, for us to evade a responsibility that properly be- longs to us, by seeking to throw it upon anoUier department. Besides, sir, if war is to follow from giving this notice, a thing affirmed by gentlemen, but which I wholly disbelieve, the country will be far more united if the notice shall have been given by the positive direction of Congress, than if it be an act of mere Executive judgment. Give it yourselves, and if a con- flict ensue, we may hope to ])resent to the foe an undivided front; but withdraw from it the support of your enactment, and make it the measure of the President alone, and the voice of faction will soon be heard. Soon will its notes of discord be raised — soon, very soon, will the charge be rung through the land, that we have been ruthlessly and recklessly plunged into a war by the weakness or the wickedness of a single man. I come, lastly, Mr. Chairman, to the consideration of the main question: Ought the notice to be given at all? T Uiink, sir, it ought. In my judg- ment l>oth the honor and the interests of the country recjuire it. 1 shall not detain llje comniittee to stale all the reasons that bring me to this conclusion, nor is it material tliat I should do so. Most of them have been already stated in the course of this debate, tor me to recapitulate thein would be a useless trespass on your patience ; but were it otherwise, time is not left mc in which to do it. I shall therefore content myself with calling atten- lion 10 certain views of the sul-joct that seem to me lo be entitled to weight. 10 In doing this, the first thing that I desire the committee to observe is, that all, or very nearly all, who have taken part in tiii? discussion, appeared to be convinced that attion is necessary in reference to Oregon. All, or nearly ail, state their belief that our title to tliat country is belter than that of Eng- land, and express their hope that we will ere lung possess the whole of it. AH, or nearly all, are in favor of measures looking to a realization of that hope. The recommendations of the President, other than that respecting the notice, find almost universal favor. No one advocates the doctrine of absolute inactivity; but on the coiunuy all, or nearly all, proclaim their readiness to vote for the entire list of tiie Oregon propositions with the single exception of the notice. The raising of troops, the building of forts, the establishment of a mail, the creation of Indian agencies, tiie extension of our laws, prospective and liberal grants of land — all these measures, having for their object the encomagement of migration to Oregon, the protection of the settlers when there, and the ultimate extension of American juris- diction over the whole of tin? territory — all these substantial and efiective measmcs find a cordial approval, it seen)s, from nearly every member on this floor. Wherein then do we dill'er with each other? In this, that a portion of us are in favor, not only of adopting these measures, l)ut also of giving the notice — the rest advocaic the nu'asmes, l)ut object to tiie notice. The measures, ;dl su)>port ; the nolice, a portion o])pose. And why oppose it? Because, in their judgment, it will lead to war; ajid war, say they , cannot gain, but, on the contrary, may lose for us the whole of Oregon. Now, Mr. Chairman, which of these two courses of policy, the adoption of the measures and the notice, or the passage of them withoiU the notice, is the more likely to h^ad to war? Every one, without exception, agrees that giving the notice would not, of itself, be a just cause of war, or even be regarded by Great Britain as a sjround of ollVnce. What, then, would make it an ofi'ensive measure? The answer is, the circumstances under which it would be given. And what are those circumstances, pray, but the adoption of the measures of which I have spoken, ami which all of us, those opj)Osed to the notice, as well as those in favor of it, profess to approve and sustain? Does any man believe that if you were to simply give the notice, and abstain from adopting the measmes, war would be ihe conse- quence? No one imagines any such thing. The notice is nothing with- out the measures. I mean its practiual efi'ect would be nothing; certainly nothing of which Great Britain would comjilain. Jt is the measures, then, which are to follow the notice, that arc the things of substance. It is they that will send thousands of emigrants to Oregon , iiuanled by your troops, protected by your forts, under the panoply of your laws, to be rewarded by your bounty, and ultimately to occupy tor you the entire territory; it is these measures, pioduciive of these ellects, that will give cotu-ern to tiie British Governtnent, and not the reception of youi notice to terminate a tfeatv of mere navigation and trade. Forward the notiie, and vou add not one jot or tittle to the amoimt of ollence these mea-ures will give; but adopt the measures without the notice, and you furnish Great Britain the only plausible ground of complaint she will have. Vou etiable her to say that while professing a sacred regard for treaty eno-ageuients, you are iiuii- diously employed in their systematic violation; aiul hrwever I'alse aiui un- founiled the chargt? Uiay hi', it will lunertheless I^e certain to produce its the cm bU or 11 ) observe is, that ion , appeared to All, or nearly an that of Eng- the whole of it. ilization of that that respecting- 4 the doctrine of , pr^claini tiieir with the single ing of forts, the he extension of easures, having- the protection American juris- 1 and ellective ery member on In this, that a ires, but also of t to the notice, nd why oppose war, say they, of Oregon. v, the adoption out the notice, ception, agrees f war, or even t, then, would iistances under ices, pray, but hich all of us, •fcss to approve imply give the be the conse- nothing with- ling; certainly easures, then, e. It is they y your troops, e rewarded by territory; it fs jncern to tlu; 'J terminate a fl you add not ^■ill give; but at Britain the ble her to sav you are i tun- false ajid un- L> produce its UN e heard so often, and heard so much, and to which we are invoked to pay so profound a respect, will be arrayed on the side of yoiu" foe in condemnation of your course. From all parts of Europe you will hear the stereoiyjicd phrase, that vou arc '•' re-enacting the Texas drama again;" a dram^ that consists in ])eoplin^ the territory of a power with which you are at peace, with the ultimate desiirn of wresting it from the hands of its lawful possessor. The charire was false as to Texas, it would be fulse as to Oregon; but that would not prevent its being made, and extensively i)elieved, or {'ender it aught but folly in us to needlessly provide its principal support. The United .States fire powerful eiiouirh to pursue an open ami straight-forward policy; and any other couise, allow me to say, would be as inimical to the ititerests of (he republic, as it would l)e destructive of its character and dignity. C'on- curriiiiT, then, in the general judgment, that inactivity is no longer possi- ble; diat the time has arrived when we must take ste))s to occupy (Oregon, or see it subjected ])ractically to the British power; believing the measures ])ro])Osed to be demanded alike by tlie opinion of the country, and the ne- cessities of the case; and regarding the passage of these measures, without the notice, as moie likely to hazard the peace and honor of the nation than would the adoption of both, I am in favor of the notice as well as the mea- Gures, and will vole for the resolution re(|uiring it to be given. And here, Mr. Chairman, I may as well remark that I do not l)elieve that an immediate war is at all likely to take place, whatever may be our action on the questions before us. That Cireat Britain will iro to war be- fore she will surrender the whole of Oreiron, I shall certainly not undertake to deny. My own opinion is that she will. xMany ])ersons of nmch more exj)erience and al.)ility than I i-\\\\ lay claim to, thiidv she will not. But let it be assumed that she will, and it l)y no means follows that an immediate conllict will result from the, ado))tion of our measures. On the contrary, r.othing a])pears to me more certain than that hostilities will not conuuence until the alternative be brought pmcticdlly home to Great Britain, either to yield up to our ])eo])le her possessions in the territory, or lo defend and main- tain them by the force of arms. That ))oint will not, in my judgment, be reached for seveial years to come, however ellective may be the Oregon measures we adopt. It will not be reached until the preponderance of American settlers in the territory shall endanger the peace and security of Jiritish occupancy. Before that time, vexatious iticitlents may indeed oc- cur — exciting cases may arise, from the assertion of adverse jurisdictions; Init, in this age, instantaneous war does not tread on the heels of every wronff. If it did, the. laie war would not have been postponed for years, nor would events of latter days have passed as they have, and left the land ill peace. But, come wliai may, Mr. Chiiirman, our duty is plain. Ore gon is ours, and wh.at is ours we ought to possess. If with twenty millions of jieople we do not maintain oin- riglits, the world, l)e assured, will not ac- coi d them to us. We camiot hopt- to lie respected , while exhib ting a weakness so disastrous and amazinf millions in preparations on a mere contingency of war. Such is not, ;ie longer will she «uch never has been, and such never will be, either our practice or policy. The gentleman from Virginia, who addressed the connniitee yesterday, ive the notice, be- (Mr. Bayly,) spoke of the miserc.ble state of our fortifications, their want well; that time is Of repair, their lack of armament, and their general bad conr'ition ; and he ement will oecure specified particularly the works within his own district. Wr.y, Mr. Chair- let well alone" — man, did it never occur to the gentleman that, if we ought not to assert our on whose tomb it rights until the Atlantic coast be foifified, we ought for the same reason to )ok medicine, and delay their assertion until the rest of our frontier be similarly protected ? And is any one here prepared to postpone this notice until a circumference ve been given to of 8,000 miles shall be studded with forts, until all the frontier States shall nd the treaty will thus be shielded from harm? Is the seaboard, Mr. Chairman, the only who advance the Hne exposed to the enemy's attack? Do not Maine, New Hampshire, Ver- ht, to tell us how Wiont, New York, Ohio, Michigan, Indiana, Illinois, Wisconsin, and Iowa, le United States, present a northern frontier still more exposed? And are we to wait, Mr. 'cs not the notice Chairman, till this long line, stretching from the Atlantic to the confines of ous,toher? Are the "far West," be securely defended by military works, before we take informed on this tteps to maintain our claims to Oregon? Do the people of these States ask !its? Her history us to do it? Does Ohio, within whose limits not a dollar has been expend- lomher? There «d for purposes of fortification, desire such delay? No, Mr. Chairman, tory, and that is. no. The people of the United States are aware that their means of defence and power of attack depend not on standing armies and fortified posts, and It not to close the 'hey will never ask us to delay the assertion of national rights, or to fail to low is the notice vindic.ite the national honor, in order to provide them with any such shield, be its ellect? I Mr. Chairman. I will vote as cheerfully as any one here for hberal ap- iiliout war, will propriations to provide for defence, but I am not willing to delay the adop- aty been to us m t*on of the Oregon measures until miUions and tens of millions shall have on in the slight- been expended on fortifications that may never be needed, or which, if 14 needed, "will be out of repair again before war come. I say, out of r6paii again before war come , for what does experience testify on this head ] Whence arises the present sta'e of our military works ? How is it they are found in a condition so deplorably bad ? Is there any answer to these questions but one? And what is that, but that in time of peace you will not burthen your treasury with even the costs of repair .' Millions are vo- ted occasionally to construct such works, and when the money is gone the works are but just begun. The expenditure nuide has but created a neces- sity for further and greater expenditure. The ordinary revenue is insuffi- cient to nieet if. The country is at peace, and Congress refuses cxtraordi nary means. New appropriations to complete the works are consequently denied. Sums suflicient to preserve them are not always voted. I)ila{)ida- tion and decay follow of course, and it is not till war is reall'. at our door- that preparations for resistance arc effectively commenced. So Jias it al- ways been, and so will it always be; and it does therefore seem to me tlui' it is idle to talk of postponing action on the subject of Oregon, imtil fortili cations shall place us in a better state of defence. If either Coi/gress oi the country entertained the belief that war will be the necessary and speed} ell'ectof the jjassage of the measures we })rppose to adopt, there would b( no hesitancy whatever in preparing to meet it. A])j>ro{)riations would bt voted witliout a moment's delay — voted in no niggard siuns and with n< reluctant hand, but liberally, freely, cheerfully voted. Neither the coun try or Congress, however, entertains this belief, and not entertaining it large military preparations will not be made. They are not reconnnendeo by the President, or by the Secretary of the Navy or War; they are not pro posed by any commiuee of this House, or of the other braudi of the Legis lature; no member has introduced bills for that object, and none are likel\ to be introduced; and even the bills that have been brought in, little as the} would increase our regular force, and coinparati\ely small as would be tli' appropriations their passage would exact, are yet, it is seen, destined to b< vigorously opposed. To delay the Oregon measures in order to fortify,! to postpone them to a time indefinitely remote. It is to give thebi the go bye for years to come, and meet them with the same objections thei that are urged against them now. Indeed, sir, we might almost a well postpone them to the period indicated by the remarks of anothe gentleman from Virginia, (Mr. BKuixciEu,) who told us that our coun try is in a state of adolescence, a youth that is growing stronger day b day ; tiiat John Bull, on the contrary, is an old gentleman, a sioui and sturdy old man, it is true, but one in whose head the grey hairs begin t appear; that after a while he must totter and fail, and then will be our tini to effectively strike. 1 trust that no one is willing to set so late a day i. that for the assertion of our rights. Mr. Chairman, of all the strange reasons that this debate has given utte ance to, anc, which have been urged to show that the notice should not 1 given, the most extraordinary was, doubtless, one advanced by the gen\lt man from Virginia w4io sits on my right, (Sh. Pendleton,) and with passing and very brief notice of it, I will have said all that it is my intei tion to say. That gentleman told us, in effect, that we ought not to gh the notice, which he considers a war measure, because Great Britain li acted in a manner so just and honorable towards us. ''Have we an insul a trespass, or even a menace to avenge ? Has our tlag been insullei cu qu sul qn Te.< Br Vi dn tin vio spe alo am sea the doi an pari jur! con to li vasi insL er, i sho: han not I coui cer ■\\li( Brit naii "wel until 16 )f peace you will Millions are vo- oiiey is gone the L created a neces- livenue is insuffi- refuses extraordi are consequently koted. Dilapida- ;alb. at our door- av out of r6pair our soil invaded, or our honor impeached?" These were the gentleman's on this head] questions, and I understood him also to ask: '* Has Great Britain ever in- How is it they £=idted our ilag that she did not apologize or atone for the insult ?" Strange answer to these questions these to be asked on the lloor of an American Congress, by a rep- Tesentaiive of American citizens. Why. sir, British outrages on the rights, Britisli insults to the tlag, and British impeachment of the honor of the United .States, began with the very treaty that acknowledged our indepen- dence,, and have continued in unbroken succession down to the present time. Did she not withhold from us, year after year, our western posts, in violation of that trijaty, and in despite of our complaints? Was not hert!-'g seen to doat over American soil, where the banner of the Union should alone have been foimd ? Arc the days of impressment already forgotten, and iriust gentleuK'n be told that thousands, yes, thousands, of American d So has it al- sea nen were torn from the decks of American ■«liips, taken from beneath -i seem to me tha ^l^*^ American tlatr, and forced to fight the battles of Britain against the free- etron until fortili- ^**'" ttf the world ? Has it already passed from the memories of men that ■idler Coiio^ress oi an American frigale. in time of peace, suspecting no danger, and unpre- essarv fi'id speed\ pared for defenct;, vithin the very waters of the United States, within the U there would b( jurl ,'iction of Vii.nnia herself , was basely assailed by superior force, and )ri'ations would \n comjielled to strike her dag to a British man-of-wai ? And to come down ^mus and with nc ^^ later, yea, to recent times, has the gentleman never heard of British in- \either the conn "^'i^icu of American soil, of British homicide of American citizens, of British ot enterlainin" it insult to the American liag? Has he never heard tliat an American steam- not reconmiendec *^' ? '" ^I'e dead hour of night, was lorn from her moorinirs at an American • thev are not pro shore, her crew assassinated by a British force, the torch a})plied l)y a British aiuhof the Legis^^'^'^^') '^iifl fl'<^ ^^''^ves niade to finish what the sabre liegan? Or, does he Ind none are likeh ^^^^ know that apology has never been oilered for this, if, indeed, apology htin little as the\ ct)uld atone for so transcendent a wrong .^ Does he not know that the offi- l !is would be i\v ^^^' ^^"'^s knighted who conunanded the troops, and the troops were rewarded en destined to b. "^^ho conmiitted the deed ? order to fortify, i -^^''- Uhairman, whatever reasons there may ^ for withholding the notice;, o-ive theln the ^q British justice towards the United States is not among them. From that ^ obiectious thei DJ^ition we iiave heretofore received little else than aggression, and it maybe miidit almost a "^^'^''1 f^*'" *'s to consider whether her line of conduct will ever be changed emarks of anodie until American power shall be prompt to vindicate American rights, us that our cour J stronger day b;| lan , a. stout and i| rey hairs begin t n will be our tiiu et so late a day a 4| ite has given uttei jtice shoidd not 1. ced by the gentlt 2T0N,) and with that it is my inter ought not to gi^ (ireat Britain li. Have we an insul tias been insullei