^. IMAGE EVALUATION TEST TARGET (MT-S) k ^C? % .>^^ ^/ /. ,.v .^^4 y. 1.0 I.I 11.25 1.4 1.6 VI <^ ^;; '/ /^ Sderices Corporation 33 WEST MAIN STHET WEBSTER, N.Y. 14580 (716) 872-4503 V qv <,1>^ N> [v '«> "Sfc^ , (meaning "CON- TINUED"), or the symbol y (meaning "END"), whichever applies. Les images suivantas ont Ati raproduites avac la plus grand soin, compta tenu de la condition at de la nattetA da rexemp*aira film*, et en conformity avac ks conditions du contrat de filmaga. Les exemplairas originaux dont la couvarture en papier est imprimis sont filmte en commen^ant par la premier plat et en terminant soit par la darnlAre paga qui comporta une empreinte d'impression ou d'illustration, soit par la second plat, selon le cas. Tous las autras exemplairas originaux sont filmis 9n commen^ant par la premiAre paga qui comporta una empreinte d'impression ou d'illustration at ^n terminant par la darniire page qui comporte une telle empreinte. 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DELIVERED IN THE HOUSE OF TwEPRESENTATIVES, MONDAY, FEBRUARY 9, 1846. frh. le Resolution from the Committee on Foreign AfTairs, requirini? the Pi-csi(I( nt to notify Great j Brilftiii of the intention of the United States to itcrminiUe the joint occupancy of Oregon, and to abrogate the convention of 18-^7, bcini^ under consideration in Committee of tlie Wliole — Mr. DARRAGH said, timt a short time since, when the liill from the Committee on Military Affiiirs, providing for the organization of two regi- ments of riflemen, was liefore the House, he had taken occasion to submit a few remarks. The de- bate, at that time, seemed to take it for granted that the regiments i)roposcd to be raised were to irccnpy the territory of Oregon, and to be employed in the protection and defence of American citizens Bottled tiiere. Whether this.^furce could be sent thei-e without giving the notice to terminate the joint occupancy, referred to in the convention of 1827 between this country and Great Britain, was the sul)Ject-matter of debate. in the few remarks he had then made, "le con- fined himself to the simple question, whemer, in view of the convention of 1827, the shield of our , civil laws, and the protection of our arms, could ''. not be extended over Oregon, without the notice, and without any violation or departure from our I treaty stipulations? He was of opinion then that we could; and the best consideration he had been able to bring to the subject had not changed the opinions he then expressed. Sir, said Mr. Darragh, the resolution now under consideration proposes to rmnul and abrogate the \ second section of the convention of 1827, requiring ' one year's notice of the desire and intention of either party to terminate the joint occupancy now existing between Great Britain and the United States, in reference to territory west of the Rocky I mountnins. The discussion on this resolution e trom the Committee on Foreign Affairs has opened up the whole question in reference to Oregon — our duty to protect our fellow-citizens there — our title — our ability to maintain it — il.s fuUire advantages to the Republic — and the chances of war. I propose, sir, to direct the attention of the com- mittee to these considerations; and I may be per- mitted to say that, although in the many days through which this debate has [la.ssed, few gentle- men have qucstiincd the validity of our title, yet, as far as I have heard, but a few speakers have un- dertaken to show what that title is. It is very true that the honorable Secretary of State, in lb cor- respondence with thr; British Plenipotentiary, has with great ability pla< ed our claim j to Oregon on clear and unquestionable grounds; yet it may not be unintCTjt'ug to those of our constituents who see not tije 3;>i>« paper.^, to understand the charac- ter of our dai. i and demands. I intend, sir, to occupy a short, ime of the committee in the histo- ry of the northwest coast of America, so far as the same has relation to title by discovery, cession, or settlement. Before doing so, however, I desire to say a word or two in reference to the rciiort made by the mi- nority of the Committee on Foreign Relations, which aKscrted that Coivj^ress cotild n-^i ct on the matter of giving notice to terminate the ji.mt occu- pancy, because it helonsed to the treaty-making power, and that the Prcsudent and Senate alone possessed such authority. This opinion has been adopted and repeated (luring the debate by other gentlemen. The Constitution of the United States (article 2tl, section 2,) confei-s upon the "President, by ond with the advice and consent of the Senate, the power to make treaties, provided two- thirds of the Senators present concvir;" but this has refer- ence to' the making of treaties, and not to the tnding. The fallacy of tlie argument of the minority of *>0.>.i.o 2 tlir Commillne on Fi)if;i;;ii Afl'air.s consists in the did'cnmro between tin; nmkin;^ iinii emlin;; of trea- ties. Tlie niakini; of a treaty is onq lliiiii;; tlieiin- nulnient tiiereof is aiiollier anil a very dill'erent (Jiin;;. Besides, tin; eimvenlion of IH-j? provides for its termination so far as relates to the joint oe,- cn|)an<^y; either parly bein^' at lilierty to terminate it in one year's notiee, Aii^aiii: every treaty implies tiro parlies — a treutor and a treatee — a bar;;aiMor anil a bari^ainee. The word " treaty," pj' vi tinnini, implies two parties. It is iin agreement between two or more; but the ending of llie treaty may be by one of the parties thereto. We liave treaties of emnmeree, navis;a- timi, Sn'., between Kni/^land, France, Spain, nnd other Powers, and ('on;;ress may jnit an end to them without eonsuitiiiii the President, by llie exer- cise of the war jiower. These treaties may be i)i full force, nnd €oni,'ress, possessim; exeiusively the power to deelare war, may thereby terndinate tnem; for war annuls all Ireilies between the parties bel- iiijerent. The treaty-makiiiij j)owerdoes not there- fore necessarily iniluile the ireaty-endnij; power; and Compress may, by resohiiion or mherwise, terminate the eonvention of 18:27. Other Renllemen maintained that the right of the President to i^ive the notice is concnrreiit with that of Conj^ress ; that, as the executive otiicer of the Government, he has the power to jjive the notice, and that he oui^ht to be permitted to exen-ise it. As to the power of the Kxeculive in the premises, I have nothini; to say, because none of iliose who have exjjressed such views deny the power of Cono;ress to net. 'I'lie honorable gentleman from Alabama [Mr. IIili.iaiu)] proposes to authorize the Presideirt to give the notice when to him it shall seem most fit and expedient. Sir, I can see no useful end to be attained by this course. Is it designed to throw on the President the resj>onsi- bility of the measure, which may end in war, and which some geiiilemen regard as ei|uivalent to a declaration of war.' If ibis ite the jiurpo-se, then I go not with it. The Piesident has, iit my judg- ment, assumed, in his Message, all the re.' end the joint occupancy is the act of the President alone, or at most of his party, and not of the people. Ay, sir, there mtiy not be wanting persons and presses in this country who will echo the same sentiments. Now, sir, this is un Jhiuri- can not a parly question; and for one, I protest against its being defiled by the touch of mere party manoeuvre or machinery. England is loth to tei ininaie the joint occupancy, because heretofore she has used it altogether for her own advantage. Her Minibters, Lord Aberdeen and Sir Robert Peel, have asserted their claim to Oregon. The opposition to the Ministry, by its leaders, Lord Joan RusacU and Lord Polinentton, have, in tliis malti^r, forgotten tluir political ran- c(>r, to aid the Ministry they have been slrugglini' to overlhrri'w. The Puiiish press, not inaptly ealleil "the fourth estate in the realm," has raised it> mighty vi'ice,to quicken tlie empire into the main- tenance of its claim. And shall the decree that i> til diiy this <:ombined jiower and determined ac- tioii,go forth from the mouth of one man.' or sinill it not rather be borne across the Atlantic on the viiices of twenty iniilioiis of people, who know tluir rights, and, knowing, will maintain them.' Sir, I .say, let Congress s|ieak. 1 now come to the imposing objection made to the passage of tiiis residution. I say imposing ob- jection, because it has been most generally made; and by those, too, who profebs to be in favor ol our claim to the whole of Oregon. It is: that this is not the time to say to Kngland, tlie territory is ours and we will have it; Itiil that we should sneak along, until we grow stronger or England weaker, under the cunning device of " a wise and masterly inactivity." We have seven thousand people there, who are imploring tm to protect them. Every year the tideof emiu:ration from the western States IS swelling and will continue to swell to the valleys of the Columbia. These are not mere ad- veniuriis ormamuders; they take with them their wives, till ir children, ami their Bible. They have established a quasi form of goveriimei't, winch, so far as regards practical morality, is in advance of long established irovernmeiits. The arts of civil ized life are there — the husbandman is reaping the reward of hi.i toil. Amerienn Christian mission- aries are among tliem, teaching thengricullural piir- suilsand thedestiiiy of man. The leviathan jiower of steam already awakens the echoes of her forest.^, and temples, dedicated to the service of Alniighiy God, have been erected, wherein His praises air hymned and His holy word explained. These brave and adventurous men have repeat- edly reminded this House that they are American citizens on American soil. They continue to cry to us, as their fellow citizens, to vindicate their rights and maintain the iionor of the nation. Who will say that, as the representatives of the people, we can or dare deny to them the imnHinilies and the protection of American citizenship? Sir, we are not at liberty to (h) so. If the tenitory h' ours by rightful title, we cannot refuse to our brethren there the rights and the protection we enjoy here. This is of itself", in my opinion, a sufficient answer to the proposition for further delay in giving to Great Britain the notice to quit. But, .sir, what is to be gained by this " wise and masterly inactivity.'" Let us look at the past. Let us see if this postponement of the question — this ntasterly inactivity, has not been a ruinous inac- tivity for us, and a masterly activity for England. In 1818, at the time of the convention entered into between Great Britain and the United States, the former had not title to one rood of territory on the northwest coast; and this I will presently atlempi to show. The only show of title she now has arises in the main from that convention (1818) and the subsequent negotiations in regard to it. No one will nretend that the terms of tlie convention affected tne title or sovereignty of either Govern- ment. The United States then asserted, and actually possessed the title. The convention of 1818 only permitted •snrcrcigiW!; lias used Years at'ler JH-il,) an ileorge IV asks. Th of the tern joint occu iurisdictioi poliiiral ran- l>icii Nlrii;,'s;;liiii; •t inaptly culled ' liHH raised it> into the imiiu- (' decree that i.s d(t( iniiiicd ac- f man • or shall Atlantic, on the who know naniiain them.' ecti(»ii made to y iniposinj^ol). iierally made; l)e in favor of It i.s: tjiat thi.s the territory lat we should r or England (' " a wi.se and veri thousand i> protect them. i, •e of Alnii;i^hiy tlis praises art lied, II hiive repeat- ' are American ■oiitinue to cry vindicate their nation. Who of the pco|)Ie, niiuiiiities) and 'hip? Sir, we nitory w ours our brethren •c enjoy here, fiicicnt answer y in yiviiiij to his *' wise and the past. Let question — this ruinous inac- ' for England, n entered into cd States, the rritory on the leinfy attemjii .she now ha.s >n (1818) and rd to it. No le convention ther Govern- and actually of 1818 only p»>rmittcd nn equal ri?lit of trmh, not of lillf or !snrrreiirnlii in Great IJritain. Now mark how she lias used this s;rant of favor. In less than three years after till! ratification of the convcntimi, (in 1h:31,) an ad of Parliament i.s passed, (Isf and '2i\ Georj^e IV,) which gave to her all that .she now a.sks. Thi.s act of Parliament is in open vinlation of the terms and spirit of the convention (IHjH) of joint occupancy. Hy it England extended her jurisdiction over all Oregon. The (ith section of the act of Parliament refer- ' red to, provides — "That the courts of Upper Canada shall have' ' the same civil jurisdiction in all respects wliat- ' ever within the Indian t( rritories, and other parts ' of .Vnicrica, not tritliin the limits of the Ciintidus, or ' (if'aiiy ritil giivernmriit of Ike United Stateit, as the ' said courts have within the limits of Canada; * and further, that every wrong (li- injury, to thcper- * son, or the properly, real or pcisonal, committed * within the said jiarts of America, shall he coirni- * zahle and tried in the same manner and .suhjec.t ' to the same conscciuences in all respei'ts as if the » same had been cuiiimittcd tvilliin the province of ' Upper Canada.'''' Again, the bth section of the British act (1821) : provides — | "That in case any pnnon or persons rrhalsoerer, ' residing or heinir within such parts of America, * .shall refuse to obey, or resist any process of said ' * courts, such yierson or persons shall lie committed ' to custody, in order to be conveyed to Upper Can- 'ada.-' Other sections of this art provide for courts, of- ficers, &c.; but throughout the whole statute not one \vn2; found Ni^ned at the Kscurial in ITOK, called tlie "Noofka j tlwm out a;;ain, and called them "Falkland I.s- Hoiind convention," was dictiUed to Spain, and ' lands." In the rcijj;n of Geori^i- III., Cajitain By- forced from her. Simultaneous with the si'^niui; ' run, the ancestor of " Childe Harold," look pos- oflhe treaty, Spain puhlished a rnanifesir) directed session of one of them. This is the first possession to all the Kuropean cnurts, remonstrating' aj^aitist | liy England; it was only ofo7ic island, and not fol- thc manner it was extorted from her, and assert- ! lowed uphy settlement. In ITtifi the Kins; of Spain in'' her claims at Modtka. Hut lireal Mritaiii did ' sent trooiis and xcM/fi/ one of the is! not then jiretend that the Nootka Sourul conven- tion acknowledged or surrendered to her any title or sovereignty. CJreat Mrilain only claimed m-if^hl to trade at Nootka, not of sovereignly. She de- manded .^ali-sfaction for the insult offered thnmgli her suhjeels, not apology for invasion of her ter- ^lauds.and called it •« Solidade;" and yet Great Mritain, in 17(i'J, claimed all the i.slands on the ground of prior (lis- rorery, and Spain was obliged to submit. One other ••ase, and I have done with this branch of my remarks. I refer to the pretext assumed by England for driving out the Dutch from New York. own imi tissf'Nsifpn liiiid, iiiid not fol- lip Kin2:nf S|i(iin slaiids,aiid called Hritaiii, in ]7(i!», iind of prior dis- Rulimit. with this lirnnrli text assumed hy from New York. West India isl- ) Cal)ot, a Vene- I., discovered tlie lie Atlantic const made no settle- In like inactivity passed the reii^^n the short reign of eij^hty-six years Cabot, the first signed hy Queen t. Nothing was mo the patent to southern part of c first colony in I abandoned, nor ter Raieig-h meet lyf, who chroni- tc in the ngc of the chief man in ip by Hackluyt, Richard Gosiiold, I King James I., Grosnold reached but made no set- l the discovered and New Eiig- thc Dutch navi- ■h still hears his now stands the mmcdiately im- ted the province Duke of York, ;'.h were driven glish claimed it Giovanni Cabot re. The Dut-Ji nd yet the prior .settlement was 1 such examples ! it become Eng- y, even though 's have claimed of her own citi- od at all events say about it. a t, that because panish title, her :laim under her own nullifies tlie title of Spnin, «cnrcely needs no- tice, li would be Mtmnge indeed if a good title was Weakened liy (he aci|uiNilion ui' an oulHiaiidinji; claim i but let tiiis pa.s.>4. Tile claim of the United Slates, apart fnxii tiuil Bs ussigiicr of .Sjiaiii, re»t.s upon the diNcovery of the Cohuiibia river by Captain Robert Gray, of Boston, the exploration of the head water.s of the Coluiiil>ia by Lewis and Clarke, and the improve- liieiit Mild .seitlenieiim of Mr. A.storand other Ame- rican citi/ens. I cull the attention of the coniiuit- tee again lo the principle of internalional law which declares "that the nation which discovers the • mouth of a river iN entitled to tiie sovereignty to • all the land.s watered by such river, its lrii)UtarieH 'and hfad waters." Great IJritain acknowledged tiiis principle as well by the treaty of L'lrecht, 1713, UM by the treaty of Versailles, 17(i3. M. de La Halle, ill IGf^.'), discovered the mouth of the Minsis- bippi; liy reason whiM'eof, Fruiu'c claimed tlie whole ot Louisiana, and this claim was admitted by Eng- land. Wlio discovered the mouth of the Columbia, orOiegonrivcr,and who explored its head waters? We .shall see. In the month of May, HiU, Captain Roiiert Gray, of the American .ship " Columbia," of Roatoii, whilst cruising in the north Pacific, dis- covered an oiieniiig in ilie coast, in latitude 4(P W, which he pronounced to lie the mouth of n river. On thet2i)ili April, 171)0, Cajttain Gray fell in with the I'jiglishship" Discovery, "Captain Vancouver. Gray informed Vancouver of his having bei-ii oil" the mouth of n great river; Vancouver in his luir- rative mentions these facts, and afterwanls niiulc search for the river, but could not Iind it. He be- lieved that Captain Gray had been misiaken, tor lie thought that such a river was not there. On the 11th May, 171)i?, Captain Gray was again off the opening where he informed Vancouver the river was to be found, ^'ankee-like, lie determined to satisfy himself, and he directed his course to the opening. This was no hazardless matter — the l)reakers to.s.sed the sea, iind the surf was furious. He sailed on, crossed tlu; dreaded bar at the mouth, luid found hiinself on the bosom of a magnificent river, which he named after liisown shi]), " Colum- hid/' He ascended the river twenty-five miles, aiichorerl, landed, and traded with the natives. flJe descended the river, named the capes on its north- ern and soutliern sides "Adams" and "Han- rock," and again spread lii.s .sails to the breezes of the Pacific. This was the first vessel that ever crossed the bar at the mouth of the Columbia or (loated on the waters of that nolile river. No soj)liistry or nii.s- represeiitation can ever take from Captain Gray the lionor of the di.scovery, or from Ins country the value of the acrjuisition. This river has its .sources on the western slopes of the Rocky mountains, and lorms a stream where it enters the Pacific seven miles in width. It meanders a great distance through ii country, a greater part of which is well adapted to the wants of man. From the mouth of tlie Columbia, a few days' sail takes you to the Sandwich islands, and le.ss than thirty days, .. China. Here let me remind the committee of the expedition sent by the United States under the Ad- ministration of Mr. JeflTerson, In 1804,Lewisand Clarke, in the service of the United States, ascend- ed the Missouri, and are believed to be the first civilized men who crossed the Rocky mountains. They discovered and exiilorcd the lioad waters of the Columbia river, aiui fidlowed it down to itn mouth. A year or two afiir this, the Ainirican Fur Com|)any estul)lished trading posts on llic head waters of tiic Colunil)ia; and in IHll John Jacob Astor built tlie town of Astoria at its mouth. War was declared between liie United Slates and Great flritain, and in the month of December, 1HI3« Astoria WIS captured iiy the Drilish sloop of war " Raccoon," Captain Illakc. By tiie peace treaty, known as the treaty of Ghent, it was agreed "thai all territory, &c., taken from eitlier party by tiiu other during the war should be ntHTouKU." Not assigned to, aliened, or surrendered, but restored. Sir, you can only restore that which formerly be- longed to you. Mr. Cliairman, these are some of tlie reasons whicii have induced me to believe that the wiiolo of Oregon is ours; and believing so, 1 am (irepaieU to go tlie full iengtii to assert and maintain our claim. It is, sir, in my judgment, full time that the joint occupancy under the conventions of 1H18 and IB'iil should be terminated. Great Britain haii iiad the exclusive benefit of the arrangement, Witliout title to one rood of the territory, she haa dotted it everywhere witli her forts, and the Brit- ish flag at tliis day rtautits as saucily over the stockades of the Hudson's Bay Company as on the ramparts of Gibraltar. No American can set- lie there with a view to business. No sooner does he fix himself than the agents of the Hudson '.s Bay Company surround him, undersell, and drive; him from the trade. Mr. Farnliam, an intelligent gen- llcnmn who travelled through Ore^^on, states that Mr. Wyelh, an entcrpri.sing Yankee, established, at great labor and expense, a post for trading witli the Indians, (Fort Hall,) and immediately the Hud- son's Bay Comjiany forced liim to sell to them. They undersold him, and paid liigher price.s fiu- peltries, until the adventurous man found iiimself without business. The Hudson's Bay Company have now twenty-two forts in Oregon. Nor, sir, will it do to say that Great Britain has not thus ex- erci.sed acts of ownership and sovereijgnly over the territory of Oregon. The Hudson's Bay Company is, quoad hoc, the British Government. Well does she understand the use and management of these politico-commercial companies, and profitably ha.s she used them. Look to the history of the East India Company, and see the mammoth empire she has acquired by means of that trading corporation,. Little more than one hundred years shice Great Britain had in the Ea.st Indies the small commer- cial fiictories at Surat, Madras, and Calcutta, which, together with the island of Bombay, obtain- ed from Portugal as the dowry of the wife of Charles the Second, were all her possessions there. Now, after having waded in blood throat-deen to empire, she sways her sceptre over one hunurcd millions of people. The glory of the conquest is England's — the crime and horror of the murders belong to the East India Company, says the his- torian of that proud island ! So, too, would act the Hudson's Bay Company, if they dared; but the American people are made of sterner stuff. Satisfy our people that our claim to Oregon is good, and we will have it at all and every hazard. The pallid and trembling cry of war will not frighten them from their propriety. No ^aunt spectres of com- mercial distress, sacked cities and ruined com- ¥ 8 mr-rrfi, will filnrm the people, whru thfl nniionnl ri(;lii« wrid h'lnur nrv at Mtiikf. Kir, I triiKt ymi will nt f>nrc jjivr the notirr tn tPrminntp thm ruinoim joint oiciipiiiiry. h'l it lie firompl and (Iccmivc. Knixliuid will hrsililr Inn;; icroif MJir wiirN with m.h; nIic Ims little to irmn Imt hiinl l>lowH. Dnrm^; the lute war, nhe fi:ained little of advanlajje or t^lory. Wi- were ihrn seven mil- lionH of people; we are now twenty niillionn. At hfimr, she has sonieihiii'^ to look after. 'The un- ffdressed wroiii:^ of the Irixh people ninrlle her rnnseieiwe, ami her Ntarviii:,'' millions are illy eoii- tenteil with their iniseniMe liondai^e. Sir, I l)C- iievp the resolution heCcn-e the eoniiniitee, if adopt- ed hy f» true Ameririm vote, will lie the greatest of peace measures. It will assure the world of the inienti;iven hack to them. Ay, sir; not only their arts and sciences hi'^^hly imjirovcd, hut we will take to them the blessings and the repub- licanism of Christianity. hrrn tfiorft iipenk ition of frt'ciufin. mi itfl wild Ntnte, )rri>ni[)iurii!j;hty frnnn. Kn:;laii(| liim: i\rn for wild is tli'i rn(mc.ioiis ive it for llio unrn rpr'dini; of licnstH. ir;n our title sliall sioii iissfrtMil and •il, nnd tUf; rom- r'VdlutiolliZf'd. I; iiifj wiio will RCC railroad with the •d, (ind tho Irndc 9 of the Pacific, Mx or t'ijjht days, some nia'^iiific.cnt thr shorcH of thn Vork. We Hhall IS it waH from the rived their early ces, so from tho m. Ay. sir; not ly iniiirovcd, but H iiiiU the rc[iub-