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TO ] CoUectiorv /' Del TheHi i the territc Mr. ] Thel [rights 01 of the \ [presses \ [would r lure ne( [But the * ed in its iany her I poses Ic j zens fo I si e sov I year's ii I part of the righ in their expirati( jects is ( stance, Britain Now, if dent of the resf whethei The the thin SPEECH OF MR. MILTON BROWN, OF TENNESSEE, ON THE BILL TO PROTECT THE RIGHTS OF AMERICAN SETTLERS IN THE TERRITORY OF OREGON. Delivered in the House of Representatives, U. S., April 15, 1846. The House having under consideration the bill " to protect the rights of American settlers iifc j the territory of Oregon, until the termination of tiie joint occupation of the same "— Mr. MILTON BROWN addressed the House as follows: The bill under discussion purports by its title to be "a bill to protect the rights of American settlers in the territory of Oregon , until the termination of the joint occupation of the same." This is an imposing title. It ex- presses an object which, if carried out in good faith by the body of the bill, would receive no opposition from me. I will vote for any and every meas- ure necessary and proper to protect our citizens in Oregon or elsewhere. But then this bill contains other and far different matters than those indicat- ed in its deceptive tide. It involves consequences far more important than any heretofore discussed on this much agitated Oregon question. It pro- i'poses legislative actipn, immediate, direct, and absolute, not over our citi- 4 zens for their protection merely, but over the territory. It looks to exclu- I si e sovereignty over the whole territory at the end of the contemplated I year's notice, permitting and recognising the exercise of no rights on the part of Great Britain after that time. In fact, the reservations in favor of the rights of British subjects during the year are of doubtful character, and in their consequences probably tending to a hostile conflict even before the expiration of the year's notice. The first reservation in favor of British sub- jects is contained in the proviso to the first section of the bill . It is, in sub- stance, that the act shall not be construed to deprive the subjects of Great Britain of any rights which were secured to them by the treaty of 1827. Now, if Great Britain has any rights at all in Oregon, they exist indepen- dent of that treaty. That treaty confers no rights, but leaves the rights of the respective parties standing as they were. It is uncertain, therefore, whether this proviso in its legal effect amounts to any thing. The next and only remaining reservation is contained in the proviso to. llie third section, which is in substance that when British subjects are arres- i [i^y 3 y ii I ted for crime, they shall be handed over to British tribunals for trial and punishment. These provisions in f-^vor of British subjects are to expire at the end of the year's notice. Then our sovereignty and jurisdiction ovei the whole of the territory is to be absolute and exclusive. The eflcct at tht end of the year's notice necessarily will be, to require every British Hug thai floats there to be hauled down, and every British subject, without qualifica- tion or exception, to leave the country or submit to our laws. Do gende- men believe this can be done without a conllict? After ihe repeated oflersr on the part of this Government to compromise on the forty-ninlh parallel recently followed up by the same ofler made by our present Executive, dc gentlemen suppose that Great Britain will tamely submit to be expelled from the country ? It cannot be disguised that this bill originates with the extreme ''rtWo; Oregon or war^^ men. About to fail in making the question of notice sub servient to their views, this bill has become their peculiar favorite. And iri this they exhibit ability and greai tact. Under the imposing guise of extend ing protection to our citizens, they efleciually assert their extreme position of '^all Oregon or a war." They have purposely and very adroitly left all boundaries and limits out of the bill. Our laws in Iowa are to be "extend ed over all that ])ortion of the territory of the United States which lies wesi of the Rocky Mountains." AVhat this territory is must be decided by the President, who is to execute the law. And as he has declared in his mes sage that all the territory belongs to us, he must execute the law over the M'hole territory. But it has been said that the extreme action of seizing die whole territory, as contemplated by this bill, may be arrested by a treaty. But are gentle- men willing to risk this in the present excited stale of the public mind ? Is this not putting up the peace of the country on a most dangerous hazard? But, in connexion with this, a still more important consideration presents itself. It takes two-thiids of the Senate to ratify a treaty. If, therefore, the 54° 40' men in the Senate can muster even a minoiity sufficient to defeat the treaty , then the law goes into operation by its own force. Does this noi present a powerful motive to the 54° 40' men ? Does it not place a most dangerous power in the hands of a minority of the Senate ? This perhaps explains the extreme delight of the ''all of Oregon or war" men, at the prospect of the passage of this bill. But this untimely and extraordii.ary legislation, it has been said, is justi fied by similar legislation on the part of Great Britain. This position is founded in mistake. No legislation, touching the Oregon territory or its inhabitants, has taken place on the part of Great Britain since the conveii tion of 1827. That convention stands as the last act of both Government; on die subject. It settled all previous conflicts (if any) of legislation that existed, and has, as far as we have any information, been deemed the su preme law, and been in good faith kept by all the parties to it. . Looking upon this bill in substance and effect as asserting our exclusive sovereignty and jurisdiction over the whole territory at the end of the year's notice, I only regret that its friends do not proclaim with more distinctnes: and boldness what their ultimate ptirpose is. I think the time has arrived when Congress should either cease action on this question, or else speak out And tell t |on" or { our brave |ul, quiet • But, n ind what pe kindle on this |>eace; ai ^ecessary ;• We se distinct i( \i the ses tinned su (he count the sessio At first ^ hot. Al Iseen betv "\ving of t his party is for neg ually exl We are i kvhat he ] And n Ciovernm i)e the be propriety the territ( inade by tide to al ^positions ^ise infli |ition — u i|djust,me Itnd mon 'Ind unfo business This( confided Ihere it s efforts at •designed lur relat the husti and notl were wij ■'m an ex i 8 for trial and to expire ai diction ovei eticct at the ish Hag thai ut qualifica- Do gentle- leated offer!- Jill parallel Lccutive, dt k'pelled from erne "all oj ' notice sub le. And iri ■e of extend nie position oitly left all be ''extend eh lies wesi idtd by the in his mes aw over the )lc territory. I are gentle- : mind ? h lis hazard.' ion presents f, therefore ent to defeat )oes this not ilacfc a most ^his perhaps' men; at the aid, is justi is position i; rritory or its the converi [Overnnient; islation that med the sii- Lir exclusive )f the year's distinctness has arrived 36 speak out ind tell the country what we intend doing. If we intend to have "all Ore- Ion" or a fight, let us say so, and then the country will understand U3. Let •ur bravery be in action, and not in speeches. Let the country, the peace- ful, quiet citizens of the cor.itry, know what we are doing. But, no; this is not to be done. The country is to be led on step by step, Ind what folly produces is to be set down to necessity. The war spirit is to i>e kindled, but mixed up with great professions of love of peace. No one on this floor professes to love war; all profess an extreme attachment for |>eace; and the steps which have led us almost into the flames of a most un- ■ecessary war have been proclaimed as treading in the surest paths of peace. § We seem to be driving on from one false step to another, without any distinct idea where these steps are to lead us. This is now the fifth month |>f the session , and this Oregon question, in various forms, has been the con- tinued subject of excitement and discussion, not only here, but throughout (he country; and all is now as dark before us as at the commencement of the session. The debates have only served to make darkness moie visible. At first we thought we understood the President: now we are sure we do not. All about him is mystery. A large portion of this long debate has 'been between his own leading and prominent friends, in this and the other ^ving of the Capitol, on the question of what he does mean. One wing of liis party says ho is now for "all of Oregon'''' or war; another wing says he is for negotiatioh 'nd compromise; and in this state of things we are contin- ually exhorted to o wianimoiis ! And when we ask unanimous in what. We are answered, in support of the President! And yet we do not know Avhat he is for. God save the country from this state of things! ', And now, sir. I desire to say something of tlie causes which have led this Government into its present unfortunate position. And in doing this, I shall he the better able to present the reasons of my belief that we cannot with Wopriety, in the face of the repeated offers of our own Government to divide the territory with Great Britain, followed up so recently by the same offer inade by oiir piesent Executive, assert, at the hazard of war, an exclusive title to all. And in this I shall prove myself abundandy sustained by the ^positions taken in the President's message itself. But, first, as to the un- !?vise influences which have led the country into its present unfortunate po- lition — unfortunate, I say, because the chances of favorable and honorable i|djustment have been decreased — unfortunate, because of the waste of time iind money in these long and useless, if not worse than useless, debates — iind unfortunate, because of its injurious and destructive influence on tha business and prosperity of the country. This Oregon question, like all others involving our foreign relations, waa confided by the Constitution to the treaty making power. Here it was, and liere it should have remained, until necessity, arising from a failure of all efforts at amicable settlement, had transferred it to other hands. It was not .^iesigned by the wisdom of our fathers, to make every question involving %m relations with other governments the subjects of popular discussion at the hustings or on this floor, until all hope of friendly adjustment was gone, and nothing remained but a question of peace or of war. Such questions were wisely left with the President and Senate; and for the best of reasons, '^ an exception to the general spirit of our Government, the veil of secrecy % Is thrown over their notions . In this condition , in accordance with thi? wise provision of the Constitution, was this Oregon question. Many of the material facts, necessary to a right nnder^^tanding of it, were h)ci elected Pre- (he whole on a higher the decla- >f Great Bri- itinuance of uresponding Btion was at land into a n some de- annual mes- view of the mewhat our- The higli le Baltimore irded or for- ed to divide ' fortij-7iinth iation of his le murdered hat his ofiet it, and had hole of Ore- d by irrefra nth parallel. :ln. But in unequivocal lich, amoD? words : jgon is clear be ceded to f^ngland, or any other power; and that the re-occupation of Oregon, and tlie re-annexation of Texas at the earliest practicable period, are great American measures, which this convention reconnnends to the ardent sup- |K)rt of the democracy of the Union." J This resolution declares, in the most explicit language, that our title to ihe whole of Oregon is clear and unquestionable, a7id that Jio portion of the same ou^hi to be ceded to England, or any other power. But the Presi- VJent informs us in his message that he has, since he came into oflice, otter- id to cede to England all north of the forty-ninth degree — which amounts to nearly half of the whole territory — enough, in the estimation of my col- league, (Mr. Johnson,) to make six such States as Tennessee I He has, therefore, ottered to do what this famous Baltimore resolution said ought liot to be done. This resolutioi>.passed by ilie Baltimore convention for the j)urpose of seizing hold of a popular excitement to override other questions, liHd as.sist him in attaining power, has been thus condemned by one of the IBrst acts of his administration ! • But the reasons given by the message for making this ofl'er deserves spe- cial notice. The President says he made it in deference to what had been ^one by his predecessors, and especially in consideration that propositions ■of compromise had been thrice made, by two preceding administrations, to Jadjust the (piestion on the parallel of forty-nine degrees," «\:c. I thank the President for this admission in favor of the force of prece- Jdents, and the deference due to the acts of predecessors. But why were these '' propositions of compromise," and this deference to what had been |3one hy preceding administrations, not thought of sooner? Why did not jlhese wise and patriotic considerations prevent the passage of the Baltimore rf-esolution? Why did they not occur to the President when he delivered iiis inaugural address? Were the facts known to him? If so, they then jdeserved as much respect as when he afterwards made the otter of compro- jnise. If they were not known to him, he spoke without a proper know- ledge of the subject. J But another view of this point deserves still more special notice. If the t*resideni did right (and I hold he did) in making this otter of compromise from deference to what had been done by his predecessors, who had made Jjepeated otters to settle on the forty-ninth degree, did he weaken the force M their acts by making the same offer himself? On the contrary, did he Hot greatly increase ''the implied obligation which their acts seemed to im- pose" by his own solemn sanction? These repeated '' propositions of com- promise" are now not only the acts of his predecessors, but his own act ilso. They rest on his sanction as well as that of former administrations, with this additional weighty consideration , that he has not only impliedly admitted the force of these precedents by following them, but has expressly lecognised the principle that these precedents are, in some degree at least, Haorally binding on the Government. ii And now, sir, I come to the question, whether, in the face of the repeat- ^|d acts and admissions of this Government, we can now with propriety, at we hazard of war, seize the whole Oregon territory, excluding all compro- mise? I believe we cannot. I do not here enter into the question of title. I have neither the time, nor, at present, the inclination to do so. Whether 6 our title was originally " clear and unquestionable," or not, the acts of o^cforc own Government, and especially of the present Executive, have placed PMinod where we cannot, in the face of the civilized world, tender an issue of wWO ap on an exclusive claim to all. The same powerful considerations which ij^l^"'''' recently induced our Government to tender an cfler of compromise on \m^' ^^" 49th degree, still requires us to accept it when it shall be returned, if » ''"^^ should be, by Great Britain to us. land on It has been said that the President, by withdrawing' his proposition •W'"'^ compromise, has released himself and the Government from all obligatiW woni to adjust the difficulty in any other way tiian by arms, unless Great Britnn|" P''*^ will surrender all. To mc this is a strange mode of reasoning on a gre fl'^'"^ national question, where the only alternatives are compromise or an appe l^"*^ '" to arms. It is bringing down the dignity of the question to the rules govcii^^P'"^" ing horse jockeys in the exchange of their stock , when either parly has a rigl^*'"^*^')' •position and demand beii^^o^''^ ' propositi oi c before a ilnal agreement, to withdraw his j.._j _ _ — ,.. terms; or to a case of disputed rights between private individuals, when*^ ''*^. they cannot agree, the law has provided a common tribunal to which eitlill*^ '-'^''J may appeal for a peaceful decision of the controversy. In a great questiop''^^*^" between nations, where th^re is no common tribunal to which they can g^*^?','^": and when, if negotiation fails, the shedding of human blood must follo\*f*'^'^ ^' a very different case is presented. In such a case, the moral sense of tlMjfP^'* ' civilized world forbids a nation shedding blood for that which it has solemW**'*i^^'^' ly and repeatedly offered to surrender. I hold this to be our condition ;"* ^ "^^ regard to that part of Oregon north of the 49th degree, repeatedly offered ^J"^ J^^^ be surrend^ied by die present and preceding administrations. ai But .« been said that these oJJ'crs of compromise were only made i ^^y the sat . . peace, and are, therefore, not binding. But is not peace i^^^^^^^j dear to day as when these offers were made? I only regret that when oi>^*'^^!^ y present Executive made his offer of compromise, he had not stood upon i^^^"^') If he had, the whole country would have lallied to him with one heart a\0'' ^"^. one feeling, excepting only, perhaps, the '^ all of Oregon or war menl*®^ "^^ " They would have opened their batteries on him , but he would have bee'*! '^ ^^^° ■•-■■-""-■ aW^»?v C( sustained. If he had asked for the passage of notice," it would ha\' passed without delay, and almost unanimously, unless, indeed, the extrcn; Oregon wing of his own party had voted against it. The passage of noli in itself was not exceptionable; nor in itself was it any cause of offence Great Britain. I, for one, as is well known to my friends from the tin? the question first started, desired to vote for notice, if it could be put in shape that seemed to me unexceptionable. But the abrupt withdrawal bf the President of his proposition of compromise, and the extreme positioi assumed in the message , in the face of his own acts and the acts of his pn decessors, which he had recognised and followed, taken in connexion wit! the character of the speeches on this floor, seemed to me to render unqual ified notice improper. I therefore voted against it in the form it passed tin House. But I here desire to take occasion to say, that if the bill return from the Senate modified in the form I am assured it will be, I will vod for it with great pleasure, and I have reason to believe that my Whig coll lencrnaa will also* *' rigb leagues will also.^ *See note at the end. ii^. IS , the acts of odBeforc I close 1 design to say a few words only in rejjard to the positions have placed PU""^*^' '\v ^^^'o of my deniocratic colleagues. My collcagne (Mr. Stan- an issue of wWO approves very heartily the ofTer of compromise on the 40°, made hy rations which !*• Pre.-iidcut, and think;) if (jJreal Britain should return the ."ame proposi- ipromise on tA: our (iovermnenl should accept it. He is, therefore, for compromise J returned, if (iftJiat line of division . If so, why not place ourselves on that ground and llQid on that lino as an ultimatum? Why break off negotiation , and in a proposition •ur condition 1^ President has been gudty of inexcusable violation of duty in olTering to atedly offered ff^^^ away nearly half the territory. Either these documents are wrong, or 3. j^e the President is. e only made i.-t}^y colleague (Mr. Johnson) has said that the Whig members from Ten- is not peace i|'=*^^^' ^^^ ^'^"" '^^ ^'^®y '^five made any expose, are willing to compromise with : that when oiif^^^ Britain on the line offered by the President. This may be true. They 3t stood upon 1%^^'"^^' ^^'^ 'lot agree with either the Baltimore convention or the iuaugu- they thought the declarations of both untimely and improper. We be- ved they were calculated to render the auiicable adjustment of the ques- n more difficult and doubtful; we therefore believed them untimely and ong, and still believe so. But, when the President abandoned ihe extrav- nt pretensions of the Baltimore convention and his own inaugural, and "ered, for the sake of peace, the 49th degree as a compromise, we said he " right; and we still say so. But, unfortunately for his own consistency, 1 fear for the peace of the country, dreading perhaps the fire from the ns of his own friends, the President has ahandonedhls new position; with- wn the proposition of compromise, broken ojf negotiation abruptly, and in hung himself up on the Baltimore resolution and the declarations of inaugural! ut hear what my colleague says of the relative positions of t'le Whigs Democrats of Tennessee. He says: "But how did the President stand? Ihy, he was sustained in his strong position, the line of 54° 40', by the mocracy, while on the weak points the Whigs come in and supported . Was there ever an Administration better sustained than this ? The cutive, in offering the compromise of the line of 49°, was supported by Whigs of Tennessee, so far as they had made an expose of their opin- h one heart an or war men. ^ould have be^ it would ha^" ed , the extreni assage of noticj se of offence 3 from the tim uld be put inl ; withdrawal ctreme positioii acts of his prfl connexion wit i render unqual! m it passed th the bill retuml be, I will volil my Wliig coll iittis.'' Here the President is represented as having figured in various pleas- m ,i^ s ing attitudes — sometimes delighting the Democracy and sometimes the Whigi; He has his '^s(rong position/' which is his claim of a//, and his ''weak points," which is his offer to divide. The former the Democracy susJain the latter the Whigs sustain . Now, according to my colleague's own showing, the Whigs have the ad- vantage. They sustain wluit the President has done; the Democracy what he has said. The Democracy furnish support to his wings while tlying: tlie Whigs sustain the ground on which he lights down. He has taken to his wings a^ain, it is true, in dread of a fire from his own friends; cut it i$ supposed ol lute he is becoming greatly fatigued, and will soon again lighi down at the point from which he took his last start. NOTE. — Since the drlivery of the forcgoin* ipeech, the vote hns been taken in the Senate on the question of "notice," nnd, as I aniicipatea, the resolution from the House was rejected, and the one introduced into the Senate l.y Mr. Crittenden, of Kentucky, and slightly modified by Mr. Johnson, of Maryland, substituted in its place, and passed. Mr. Crittindin's resolution in this form carne back to the House, and after some conte.it between the two Houses, was final- ly passed without any material change. As it finally passed I voted for it, and so did every Whig in both Houses of Congresn. The only votes against it were from Democrats, being fortysix in tht House and ten in tlu Senatt. M. ii. •f ,» J' .'< ■X --I! , , -'• • ■'' ' i. •» v< ". ' !8 the Whigs 1 his ''weak racy sustain have the ad locracy rohai ivhile tlying; has taken to ids; LUt it h 1 again light *■% ■i 11 the Senate on as rejected, and itly modified by den's resolutioii )use8, was final- J did every IVhi^ fortysix in tht M. B. \ 1