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Tous las autres exemplaires originaux sont film*s en commandant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la derni*re page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la derni*re image de cheque microfiche, selon le cas: le symbole -h»« signifie "A SUIVRE", la symbola V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre film*s * des taux da reduction diff*rents. Lorsque le document est trop grand pour dtra reproduit en un seul clich*. il est film* * partir de I'angle sup*rieur gauche, de gauche * droite. et de haut en bas. en prenant le nombre d'images n*cessaire. Les diagrammes suivants illustrent la m*thode. 1 2 3 4 5 6 lif *. ■- SPEECH OP MR. EWING, OF TENNESSEE, ON THE OKEGON QUESTION. Delivered 171 the House of Representatives, U. S., January 29, 1846. The House having under consideration the joint resolution reported by the Committee on iForeign Affairs, directing the President to ^ivc notice to Great Britain that the United States l-will terminate the convention between the two Governments, providing for the joint occupation af the Oregon territory, at tlie expiration of twelve months — Mr. EWING, of Tennesse, obtained the Hoor, and saicl — Mr. CuAiRMAx; This is a glorious consult of a great nation, where the [hof.r rule operates hive a shackle-i)olt on a man's hps; where, upon a ques- Ition of peace or war, time is doled oi!f. to one by drachms and scruples;* ■where, if a speaker attempt to read an authorit)', he must close his book at j the first sentence for fear that he will diminish his little span. But, sir, I jam losing my time while I am even thus talking about it. I must proceed. If any one expects from me rhetorical flourishes, or splendid acclamation, )r soul-stirring oratory, he will assuredly be mistaken, (if perchance any [one expect any thing from me.) These things I could not give if I would, [{be this my apology,) and, with all due deference to others, 1 would not if I could. From thoLC, however, who are willing to hear wliat a plain man may say , in a plain way, on the serious question before the House, I shall jbe gratified by attention. The question, indeed, I apprehend, is one rather [of logic, at least of speculation, than of rhetoric; one for argument rather than declamation. What, then, is the question ? It arises upon the reso- [lution reported by the chairman of the Coinunttce on Foreign Relations, requiring the President to give the notice stipulated for ..i the convention jetween our Government and Great Britain in regard to the Oregon territory jf 1826-'7; the efi'ect of which woidd be to put an end to the agreement [Tor the -.oint occupation of that territory. I say, sir, joint occupation, not- withstanding the authority of the gendeman from Pennsylvania, (Mr. C.J. Engeksoll.) and the authority of the venerable gentleman from Massachu- setts, (Mr. Adams,) to the contrary. I say this, however, not in a spirit of |llefiance, nor yet in a spirit of hypercriticism, but because I believe there is -«ome substance hidden under these conventional terms, and that they are not, as Thomas Carlvle would say, a mere formula. To show this will be iipart of my business hereafter. • ,i The propriety of this notice, then, depends upon its effects; and its ef- fects depend upon the present state of the relations between this countrji md Great Britain in regard to this Oregon territory. To determine whether |lhe giving of this notice is to pioduce war or to leave us peace, it is neces- iry to know what these relations are. I should have been glad, before ad- J. Ii 0. S. Qideon, Ptinlen. J \H} 'J<: dressing the House on this matter, to have heard fiom the British Ministry; for nothing really in point is to be derived on the subject from the tone of the British newspapers. I care httle, however, for this, if wc have been dealt fairly with by the President in his annual message. If wc have not the truth in the message — if any thing is concealed, so that a false impres- sion is conveyed , let the ignominy lie willi the President and hif advisers, of having played a fraudulent game with the People and their Representatives. The President, it is true, is not bound, under all circumstances, to make full developments on our foreign relations in his conununication to Con- gress; but he is bound, under all circumstances, not to communicate false information, either expressly or impliedly. I will do the President the jus- tice to say that, in the present case, I believe he has not suppressed any thing material to a fair imdcrstandingof the position in which we stand, now that we are called on to gi.e this notice. The effect of this notice, then, under the circumstances developed , and the pre-existing circumstances in this case, will, in my opinion, be war. The notice I mean is that required by this resolution — this brief, curt, A;i/s- qxie, unmitigated resolution, without preamble and without proviso. I have no reference now to the various diluting propositions and honied addenda which have been offered by way of amendment to the original report. The direct tendency of this measure, I repeat, is to produce war; nor am I to be , deterred from asserting this position by any open sneers or affected scorn to- wards those who are charged with attempting to raise « war-cry or create a panic. Suppose, though, I should prove that such is the tendency of the measure; that it would be likely to produce war, and a war in its character immitigable and internecine, I should then have done little in the eyes of the young, the enthusiastic, the impetuous; but there are in this Housemen of gray heads, and calculating minds, and sober hearts, who have seen wai,. and have experienced its effects, and with them I think I should have donu much. What is war? — this small word of three letters, which is taken into and thrown out of the mouths of gentlemen as glibly, and with as nmch in- difl'erence , as if it were a cherry or a plum? It is a state in which the par- ties to it, whether individuals or communities, seek to inflict on each other ,^ to the utmost extent of their power, pain, injury, insult, disaster, shame, ruin . Yet this war is regarded by some of the more generous and magnani- mous spirits of this House as a mere splendid pageant. I know myself, sir, that it is a gay and gallant sight to witness the imister of soldiers, the wav- ing of banners, the mingling of embattled squadrons — to seethe gUttering sword and the flashing bayonet; that it is soul-stirring to hear the loud blare of the trumpet, and the louder roar of artillery; and that, in the midst of all this, it is easy to forget the groans and the agonies of the down-trodden thousands, the melancholy relics of a disastrous fight, the feeble moan of the wounded, despondent, and deserted soldier, the cold damps of the wintry camp, the long starving of the siege, the helpless despair of the fetid hos- pital . And, if war Joes come, who are they that are to wage it ? The United States of Anierica and the United Kingdom of Great Britain and Ireland. ^It will he no chiUrs play; it will be no holyday conflict. It will be a war of giants. It will be foi\ght with arms of iron and nerves of steel. It will be a brave passase of arms. Who shall enclose the lists? who shall build the barriers ? The world will be t-jo small to afford space for the combat- ants; the heavens too low to confine the roar of the dread encounter. And , if this war does come , neither braggadocio or gasconade , nor affect- ed contempt, nor loud and enthusiastic declamation, can affect^ in the slight- est dcgrc dier, nor looming and read energies, But, 8 ; to speak I least bet\ i I know t ! they can the stron , fore they ) and they ' never be and happ its renow might ha emergen( cations, a this preps These notice to ; wards the called Or^ did not at rican terri ; England , an indepe; with its ev i and in IT! : its domini( \ kept up aa t Oregon. ) ministers ( [ by their gi nation. ''. mo.^t solen , with Spaii her claim, iject that it »joint occuj ,ent with o iof substunt ;by a partia ; licenses to I the Hudso I been also 1 I between tl; of view , ai rapacity an ihvj earth v he value ( hole of tl ipon our [ '3 ah Ministry; I the tone of 3 have been we have not false impres- advisers, of resentalives. es, to make ion to Con- inicatc false lent the jus- ipressed any e stand , now est degree, the deep-rooted strength of Britain. They will not slay one sol- dier, nor sink' one ship, nor spike one gun; but Britain will still stand there, looming up in the North ocean, stern and grim, lowering on all her foes, and ready for the shock with all her formidable; organized, and concentred energies. But, sir, I have been led away from the point, and I will not stop now , to speak of our want of preparation, and of the probable result at first, at ■I least between the organized force of Britain and our own inorganic means. i I know that republics can never be fully prepared for war when it comes; 1 they can keep no standing arniiei? nor full milit.iry equipments. So much the stronger, then, the reason why they should deliberate long ond well be- ; fore they appeal to this vltima ratio regum,. Republics may have wars, • and they must sometimes, but certainly they should be a dernier resort, and never be commenced for mere purposes of aggrandizement. The safety (reloped, and and happiness of a republic do not depend upon its power, or its wealth, or ion, be war. f, curt, bi'us- 'iso. I have lied addenda report. The >r am I to be ;(ed scorn to- •y or create a dency of the its character the eyes of its renowr*. Some prejMirat ion, however, we might have made. A navy might have been prepared somewhat proportioned to the magnitude of the emergency; connon and muskets, and powder and camp ejjuipage, fortifi- cations, and at least a complete skeleton of an army. We have none of this preparation. These things by the way; now to the question. Is it the tendency of this notice to produce war. How stands the case ? There lies up here away to- wards the arctic circle, a region which has in these latter days come to be called Oregon. For three hundred years after the discovery of America it did not attract the attention of civilized nations. Spain owned a rich Ame- rican territory in a more genial clime, and neglected at least its occupation; England had not yet subdued or colonized its Indian empire; and we, as an independent people, were still in the womb of time. Time, however, with its ever-varying interests, at last suggested the value of the country, and in 1789 a collision first takes place between England and Spain as to its dominion. Since that time, now nearly fifty years, ago, England has kept up a continued claim, and jias ever urged that slie possessed rightj? in 1 each other ,^ I Oregon. These rights have been urged not by diplomatists alone, but by ister, shame, 5 ministers of state, by historians, by philosophers, by the public newspapers, nd magnani- ; by iheir great periodical journals, which form all but a fourth estate in that vmy8elf,sir, nation. This has been done, too, in the face of all Europe, with the ut- 2rs, the wav' mo.^t solemnity and deliberation , and at the imminent hazard even of a war he gUltering , with Spain. It is not material now to inquire what has been the extent of \e loud blare Iher claim, nor what may be its validity; it is sufficient for my present ob- 5 midst of all Iject that it is a claim, and that that claim, whether of a rigiit of settlement, own-trodden »joint occupation, fishery, free navigation, or whatever else, is one inconsist- ble moan of ,enl with our exclusive right to the whole territory, and that it is one deemed of the wintry jof substantial interest to Cireat Britain. This claim has been followed up le fetid hos- jby a partial settlement of the coimtry, by the establishment of a system of 'licenses to trade with the natives, and by an extensive grant of privileges to The United ^the Hudson Bay Fur Company. The country itself, or a portion of it, has and Ireland. |been also looked to now for a great length of time as the connecting link between the Canadasand Indies, both in a commercial and a military point 3 House men ve seen wai ; il have done is taken into as nmch in- lioh the par- vill be a war eel. It will o shall build the combat- nter. nor aflect- in theslight- of view, and it is (if gentlemen jtlease who charge England with so much rapacity and gnisping ambition) part of that line upon which she is girdling tho earth widi lier fortresses. All these considerations tend only to enhance he value of the territory in the eyes of Great Britain. Tliis territory, the hole of this territory, and all right issuing out of it, she is expected to yield n our putting an end 10 the convention of lS2d, and the declaration that I the American title is clear and unquestionable. To see, then, how far this is probable, let us examine what dispositions she has shown upon this sub- ject heretofore, and into what position we have brought our relations with her on it now. In 1S18, then, by the convention between the United States and Great Britain of that date, it was agreed that the territory should remain open to the citizens and subjects of either country for the space of ten years: the words used are, "the country," "its harbors, bays,*' &c., "shall be free and open" "to the vessels, citizens, and subjects of the two Powers," giving to either party the right, as I apprehend, to occupy&ny portion of the region not in the actual possession of the other. This, as I believe, justifies the use of the terms joint occupancy and joint occupation in reference to this treaty. At the time referred to so earnest and solemn was the claim of Great Britain to the existence of rights in the territory, that it was thought expedi- ent by our Government (then represented by one of her ablest negotiators, Mr. Gallatin,) not to press a sudden determination of the question of tide, but on the contrary to agree to a suspension of that question , and to a sus- pension of any exclusive rights for the term of ten years, with the conse- quences and dangers attached to the right of joint occupation for that time. Among these consequences were a strong probability that England would get possession of favored portions of the territory, and that her trading inter- ests, especially that of the Hudson Bay Company, would become so far identified with the country as to make it still more difllicult to settle the ques- tion at a future day. Yet so determined was the assertion of the English claim , that these hazards were incurred in preference to those of a precipitate disregard of what England called her rights. I will not say that this con- vention was a substitute for war then, but it was the highest evidence of the difficulties that surrounded the case, and of the apprehension of greater dan- gers, unless the questions in debate should be adjourned upon some definite understanding. Again, in 1826, shortly before the expiration of the time limited in this first convention , this matter is agitated anew between the two countries, (Mr. Gallatin being again our negotiator,) and the result was a renewal of the convention of 1818 for an indefinite period thereafter. And why was this? Had England abated in her demands? Was she less confident of her rights? Was she less resolute in their maintenance? Was there any bet- ter hope froni an abrupt termination of the treaty? At all events, our Gov- ernment then thought England sufficiently earnest in her claims not to dis- regard them , and not to urge a prompt or speedy settlement of the questions at issue. These were days too, sir, of comparative calm and quiet, when there were no other disturbing influences operating upon the two countries — when there were no wars, nor rumors of wars, in the surrounding coun- tries — when there had been no angry declarations, no proud assumptions, no presumptuous or dictatorial conduct, thrown out or exercised towards our opponent; when she wa? -.ot so deeply pledged, so solemnly implicated before Europe and the world as she is at present, for the sustenlation of her claim. Matters remained thus until 1843, (a bill having, in the mean time, in 1829, been rejected in Congress to extend our jurisdiction over the territory,) when a bill was brought forward in the Senate of the United States, proposing, among other things, to guaranty to American occupants in the territory a right to the lands upon which they might have settled. This measure failed, it is true. But how was it met in the British Parliament? Bv the most angry denunciation , and by the most solemn protests from all the leading men in the House of Lords j and it was met by Sir Robert Peel alone witl about to I United Si Houses 01 Britain, o any part < This bi the preser conduct I ibaie rises Jdeclaratioi jparty com linquire. chair than lin dispute difficulties • Thisde authority, ^han it is ll^eople, ir ^deliberate •'England jwas much ^ion on th for its setd |s known i Sion was n )ropositioi: xultation iounter-pr fcepted , wr 1)1 ean time piplonialisi idherence ^ountry. Now, I luences ar ion of titi on-resista the argi e iniquit; g But the #nt Congi Tforld a hii Britain ant \thich the tihat the no ♦i shall hav I either be Jed vvillioi *|iulinit of ndecl ovei the end anted to i bow far this pon this sub- elations witli United States liould remain 1 of ten years: alone with }iis usual quiet equanimity, because, as he said , negotiations were about to be instituted on the subject at the instance of the President of the United States, and that lie would veto the bill, even if it should pass both Houses of the Legislature. Is there yet any flii.ching on the part of Great Britain, or any evidence of abandonment, or of a disposition to abandon bnv part of her claim? If there be, I am unable to perceive it. This brings us to the point where the subject of Oregon was taken up by shall be the present Chief Magistrate of the United States. And in regard to his wo Powers " '*"°"*^"'''*' ^ '**^® nothing to say in a parly point of view; the question in de- nortion of the P^^*^ "^''^ ^'"^ above all party considerations. How far his conduct and his lieve iustifies d6<^'»'"ations in regard tothe Oregon territory may have been the effect of a party committal by the Baltimore Convention, I shall certainly not stop to inquire. ■laimof Treat ''"H""'®* ^"^' ^'''' "' '^ certain that he no sooner occupies the Presidential Miffht exnedi- j^'^'*''^ *^*" ^^^ makes that celebrated declaration, that our tide to the country 't net^otiators r" Ji^pule is clear and unquestionable — the prolific parent of all our present fstion of title' *^'^*^"'^'^^' and to a sus- This declaration, made in so solemn a manner, coming from such high I ,1 gonse- ""^^'ority, taking such high ground, is no sooner wafted across the oceaa, for that time ^^^" '' '^ '"^' ^^ "" parties, Government, Opposition, Newspapers, and idand would ^^<^opIe, in the same spirit of prompt and settled indignation. Even the trading inter- *^^'''^*'"'^^^ Premier, roused from his usual caution, is iieard to declare, that ecome so far "^"ffl""^^ has rights in Oregon, and tliat they must be maintained." This I Htle the ones- ^^^^ i"»<^h from Sir Robert Peel. It is seen now tiiai the danger of colli- f the Entrlish ^'*^"^ '^'^ ''^"^ point has become imminent, and another etlbrt is to be made fa nreciiMtate '*"^ '*^ settlement. A diplomatic special mission is the consequence. This that this con- ^^ known to the world, and the world is looking on for results. A proposi- i^idence of the ^^^^ '^^^ made by the British negotiator as a projet of compromise. This f ffreater dan- |""*'po^ition, we are told by the President, (and I must think with a tone of ome definite ^^"^ation, if not of scorn,) "was rejected on the day it was made." A iounter-proposition is made by the American negotiator, and, not being ac- cepted, was, by the President's direction, promptly withdrawn. In the iiean time a long argument takes place between the British and American iplomalists In regard to the title, which results in nothing, except the firm dherence of each party to the full claim of his nation in the disputed ountry. Now, I would ask gentlemen who seem so confident that no evil conse- uences are to result from such extreme measures on our part in the asser- on of title, what there is m all these circumstances to justify a belief in on-rcsistance on the part of Great Britain ? Has she at last been convinced the arguments of our Secretary of State? Are her eyes now opened to e iniquity of all her previous claims? undinff coun- 1 ^"' ^^^ ^^^^ ^^^^ "*^' ^"'^ ''^"'* '^'^^ '""^ '*"" ^'^® meeting of the pre^ assumntions "^"^ Congress rolls round, and the President gives to Congress and to the cised towards ^^!'^ ^ history of these diplomatic transactions, and, in the face of Great ilv imnlicated ^"^*'" ^"'^ ^'^® world, he declares "that. In his opinion, no compromise niaiion of her ^'"ch the United States ought to accept can be effected . He recommends Oiat the notice be given, and says that, "at the end of the year's notice, we *| shall have reached a period when the national rights in Oregon must ' either be abandoned or tiniily lunintalncd. That they cannot be abandon- ed without a sacrifice of both national honor and Interest, is too clear to admit of a doubt." He I'uither recommends that out jurisdiction be ex- uded over the territory, so far as our own citizens are concerned , previously the end of the year's notice, and at the end of the year that lands bQ anted to our settlers. mited in this wo countries, a renewal of /Vnd why was confident of here any bet- nt8,our Gov- ms not to dis- the questions quiet, when two countries time, in 1 829, ( rritory,)when^ es, proposing, ^ le territory a. This measure, ent? Bv the] from all thai Robert Peel e* i Tliese diploninlic transactions, and these declarations and recommenda- tions of the President, are now before the Urili^h Ministry and the British Parliament. From tlieni we liave us yet heard nothing. From the pubhc press of Great Britain we have Iioard; but we have Jieard nothing njMjn wliicli to found an opinion. Deductions, it is true, have been attempted; but they are as variant as the wishes, or tlie fears, or preconceived opinions of the jmrties who have ailempled to draw iheiu. The British 3Iinislry and the British Parhanient will soon have before them, too, the debates, the assertions, the projiositions, and the defiances of this and the other branch of Congress. All negotiation is now closed, and on our side it will certainly not be re- newed. If the notice, then, be given, there are only two supposable cases in which war will not be the conse(|uence. The one is, that Great Britain ehall ofl'er to renew negotiations with a more favorable proposition on her part; and the other, :hat she shall quietly and tamely recede from all her previous positions, and abandon the disputed territory to our" discretion. There is no other alternative. But the President has told us that our op- {lonent will not make any proposition which we ought to accept; and, if le be right in this, then there is no alternative, and to preserve peace Great Britain must abandon her claim. Leaving out of view, however, the opin- ion of the President, I ask gentlemen, will Great Britain, tmder the circum- stances, volunteer another oiler? If she do, then must all our knowledge of the previous history of her Government and her people go for nothing. Let us review a little; we tell them that our title to all Oregon is clear; that we will no longei hold jointly with them; that we will, at the year's end, assume plenary jurisdiction; that we vill grant lands; that we will raise oiu' Hag, and allow no divided empire, and that we will firndy main- tain our claims. What are we to expect? Peace, nothing but peace. We will have no war, says the chairman of the Connnitlee on Foreign Rela- tions, (Mr. C.J. L\uEK.soLi,;) we will have no war, says the venerable gentleman from Massachusetts, (Mr. Adams.) And why? Have they a bit in the mouth of Britain? Have they a hook in the nose of this levia- than? Have they secret information of her feelingd and designs? Sir, when this notice shall be given, it would be well, in my opinion, to take out a peace warrant against her Majesty, if jierchance we may find any ju- risdiction high enough and strong enough to hold her to bail , or to conunit her for the want of it. What will the '-Iron Duke" say? What will the fiery Palmerston say? What will the dignified but resolute Russell say? What will all the congregated nobility and wealth and pride of England say, with their ancient renown in arms, and their obdurate and inllexible arrogance? What will even the sturdy middling class, who are proud of their country, say? Are not these people the sons of our fatl.\ers; Have they no dignity? Have they no passions ? Have they no sense of honor and of its requisitions? Do these all rest with us? And are Wv". the peo- ple, and will wisdom die with us? England dare not, if she would, hesi- tate, or vacillate, or retract. Her empire stands upon the prestige of her infallibility. Her late AfFghan war was unilerlaken at millions of exi)ense to assert this, and this alone. France knows the history of this transaction; Russia is no uninterested spectator of the scene. Will England dare, in the face of collected Europe, to yield to the threats of her youthful rival ? Her first tremors might be the signal of her final overthrow. Her interest, properly viewed even demands from her inflexibility, W^ould England submit to this treatment at the hands of Fiance, an enemy whom she has often beaten; and to whom she might yield something, without the suspi- cion of f while cor arms. 1 Jictorics, ley are iinguisha l\'outd rii: i|hc starve |io cowar Englai hiand tha upon her ample for jing? "Sh Jicr custo lias a hig before tlu It is sa Anat it is 1 •which it i Ai it. No <"ause to t "which shi cure or a jihe questi vention, I f /4'/<^ to g lore, is lu |jc done n \vhedier i is, has it i inight not JCan we, kecommei {proper — ii Hice is to I |nl818,^ ^ens setth grants of |io furthei tnakc (ten ^arded, Vill then claim: it ^hall we ■we stop there to v cession if ^ounsel ti fhey are i 4nendatio f What, )ursue th ished, lai ecommcnda- I the Briiish in the public othing iiiwii I nttcinpied; ved opinions have before ! dclinncci of ly not be re- posal)! «» cases Lireal Britain ijtion on her from all her n" discretion, that our op- cept; and, if J peace Great /er, the opin- r the cirrum- r knowledge for nothing, gon is clear; at the year's that we will firmly nmin- l peace . We oreign Rcla- le venerable iave tliey a of this levia- esigns? Sir, iiion, to take find any ju- or to commit Vhat will the Russell say? of England nd inllcxible are proud of hers? Have :nae of honor Wv"i the peo- would , hesi- estige of her IS of exj)en3e s transaction; and dare, in uthful rival ? Her interest, uld England lioni she has lU ihe suspi- cion of fear? Look at her past history. To none has chf ever yicliled H'hilc contest was possible. From ns alone has dingrace attached to her arms. By us alone has her banner bei^n stained. Mew Orleans, our naval Tictorics, arc not forgotten; nor will they ever be forgulien or forgiven, till tliey are washed out in our blood. Her feeling towards uh is that of inex- tinguishable hate. If she were left to indulge these feelings alone, she Voidd rush upon us as readily as the Mtircian bull upon ihe tauridor, or ihc starved lion of the ainphiiheatre upon the naked gladiator. Britain is fio coward, whatever else may be said of her. England, (hough, cannot afford to indulge her temper; her interests de- mand thai she shall submit to whatever indignity we may choose to impose upon her. She may forget her interest in her passions. Has she not ex- ample. for it? Do our^nteresls demand the war that we are so raslily ten)pt- jing? She buys our cotton, and cannot spare our market? Can we spare liter custom ? Is not the interest, the «lependance, mulual ? But England lias a higher interest in this question than her cotton market— her standing before the civilized world. It is said, however, that (he giving of this notice can be no cause for war; itliat it is merely the exercise of a right reserved in the conveniion luuler which it is given, and that England will have no just cause to take ofl'ence ial it. Now, the question is not, as I think, whether England will have just jt-ause to take ofl'ence, but it is, will she take ofl'ence? It is the manner in >vhich she will view this notice that determines whether it is a jieace mea- (Bure or a war measure. Our view of the measure is not at all material to iithe question of peace or war. Certainly we have the right, under the con- vention, by which I mean the legal power, (o give the notice. But is it right to give it irrespective of iis consequences? It is not a duly, and, there- lore, is not, at all hazards, required at our hands. It is a thing which may \}C done now or hereafter, according to the demand of circumstances; but ^vhether it be a right or a duty, is not material (o (he present point , and that ^9, has it a war tendency? Simply to give the notice, and do nothing more, Inight not produce war; it would be an aflVont, but that might b«; j)ocke(ed. |Can we, though, give the notice, and C • nothing more? Do not the other keconnnendations of the President follow as legitimate, and necessary, and Iproper — nay, as inevitable? If no compromise can be effected , and tlie no- Sice is to be given, what will then be our position? Far worse than it was |n 1818, when the convention was first entered into. Then we had no citi- zens settled in Oregon, clamorous for a government, for pioteciion, and for jgrants of land. The territory niight have rested in its ancient solitude, and |io further action have been demanded. But now there are those who will iiiake demands of us, and demaiulK, too, which cannot be evited nor disrc- l^arded. What v/ill ';'* onr position at the end of (he year's notice? There Ivill then be no convention to bar our action. The world has heard our claim: it is that of the eminent domain, the exclusive right in all of Oregon. ^hall we not grant lands? Who is there to gainsay our right? How can "We stop our ears to the setders? Shall we not extend our laws? What • ertinacious, and when there is no common arbiter? A title is only abso- utely good when it has been so adjudged, and, becoming res judicata, it is not subject to further investigation, whether the judgment may in tnith have been right or wrong. No such judgment can pass upon this question. We claim by discovery and by settlement — claiming the discoveries and settlements of our own citizens and those of Spain, whether made with or without public authority. England claims also by discovery and by settle- ment, and by treaty with Spain. Now the first observation that is to be made in regard to our title is, that we cannot rely upon both that arising from our own discoveries and that derived from Spain, and in one event we shall be precluded altogether from relying on the former «t all . If our title by discovery and settlement be better than that b«th of England and Spain , or even better than that of Spain, we may disregard the Spanish title alto- gether, and meet England upon'that ground; but if the Spanish title be bet- ter than that which we possessed in 1818, we may not be at liberty to disre- gard the Spanish title, for in that title England may have an interest under the Nootka convention. 1 say may have an interest, for I know it is argued that by the war of 1796 between England and Spain this convention was annulled, (of which argument more hereafter.) Then, is our title derived through Gray, Lewis and Clarke, John Jacob Astor's settlement, «fcc., bet- ter than that of Spain? First, then. Gray entered the mouth of the Colum- bia in 1792; Heceta had previously discovered it in 17T.5. Gray had no au- thority from the American Government; Heceta acted as the leader of an exploring expedition under the authority of Sj)ain: neither made any settle- ment upon the river. The Spaniards were then settled on the west coast of California, and had been so settled for a long period previously. They had, before Gray's discovery, also several times surveyed this coast under Government authority, discovered Nootka Sound aud Norfolk Sound, and ■claimed the whole coast. TIk; Spaniards built a fort at, Nootka Sound in May, 1789. The south branches and part of the main river of the Colum- bia were explored by Lewis and Clarke, under authority of the United States, in 1806; no settlement was made till 1811 by the L'nited States or its citizens; Astor, a private citizen of the United Slates, then made a settle- ment at Astoria, and this was finally abandoned in 1813. Which is the better title, the American or the Spanish? How many points of doubt arise here under the law of nations ? First. It is doubtful whether Gray's discovery can enure to the benefit of the United States, he not acting under Government authority. Second. It is pretty certain that his entering the mouth of the river is not belter than Heceta 's discovery in 1775. Third. Heceta went by Govermnenl au'hority, and claimed the whole coast for his Government; but it is doubtful how far such a claim was of use without subsequent settlement. Fourth. The eirect of Lewis and Clarke's exploration, without settlement, is of doubtful import. Fifth. The settlement of Astoria, and its subsequent abandonment; what is this to avail? Dubitatur. Sixth. The Spanish establishment at Nootka; of what effect was that ? It is not agreed . Then it cannot be determined which is unquestionably the better title, the American or the Spanish. The Spanish tide seems to be preferred by our American diplomatists; not that they have the choice; the English, though, are certainly at liberty to argue that this is our belter title; and, if the point is really a doubtful one, we cannot arbitrarily assume it to be either *he one way or the other. Take it, theu; that the Spanish is our better title, (^aad England has a T .1 It* true, but IS equally only abso- icatay it is truth have ition . veries and de with or by settle - is to be at arising event we f our title nd Spain, title alto- tle be bet- y to disre- rest under is argued ntion was le derived ifcc, bet- e Colum- ad no aii- ider of an iny settle- kvest coast They )ast under )und, and Sound in e Colum- le United States or e a settle- ow many I doubtful States, he rtain that :overy in inied the li a claim of liewis . Fifth, lat is this ; of what ed which h. The not that liberty to itful one, er. lud has a I i ,1 right so to argue; for it is, I say^ a debatable matter ,"\ then our title by our * own discoveries is gone; for England has an interest in pcrpetuo, derived ' under this Spanish title, by convention, and we cannot repudiate it; or, if we do, England may set it uj> as outstanding, and assert her rights, derived under it and the convention with Spain. Butufwhai l>enetitwill itbetoEng- ' lish to set up this Spanish title and the convention under it? In that case , both her rights and our rights in the disputed territory must be settled by the proper construction of the Noolka treaty. It is said, however, that the* '■ Nootka convention was terminated by the war between England and Spain ' in 1796. It may be so. But is it decided, or is it still a ({uestion sub ju- dice? "What was the nature of the convention, and what says the law of nations in regard to its disruption by war? The burden of authority upon the point lies with us. Manj- precedents are against us, if the treaty gave Britain a right of settlement and usufruct of the soil. Then the true con- struction of the Nootka treaty must determine whether it was annulled or not by the subsequent war. And here, again, we are at sea without a pilot. But destroy the Nootka treaty, and then we fall back upon a set of con- ilicting and confused accounts of voyages and di.-^overies, with inquiries into the effect of eacli. We .ill back upon Spain', claim under the Pope; of England's claim under Sir Francis Drake, Cook, 'and Meares; and Vancouver on the one side, and Perez, and Heccta. and Martinez, on the other; all proving but little, perhaps, to a cool and impartial mind. But suppose the Noolka treaty still to be in force, it is argued by those who support our title as unquestionable, that EngiamI dcri.ed under it no right of settlement below Nootka Sound; and tlial. by her own agreement, she can now claim no right of joint occupation, except by our convention of 1818. Let us remark here, that when we once admit the Nootka conven- tion to be still in force, we have waived, then, all title from discovery by Spain, so far as her rights were waived by thi> agreement. What, then, is the true construction of the Nootka treaty? The text of that convention certainly gives to England ihe right of settlement north of Nootka Sound, and within the parallels, therefore, of 42° and 54^ 40'. But it is insisted that she could not settle below the parallel of Nootka. How is this? What says the agreement? The first article says: "The buildings and tracts of land situate on the northwest coast of the continei of North America, or on the islands adjacent to that continent, of which the subjects of his Britannic Majesty .vere dispossessed about the month of April, 1789, by a Spanish oilicer, shall I )c restored lo the said British sul)j«cts." Here is an admission on the pi 't of Spain that England had on the noithwest coast, and an agreenient to restore the this fact Spain is thenceforward estopped froui denying, the fact was that gave rise to the convention — whether it were a seizure on the part of Spain of real or personal properly claimed by Meares, or other ■cause — yet, the words of the agreement being plain and unambiguous, reference camtot be had to any preamble, or the previous circumstances for their explication. The third section of the convention, looking to the pre- vention of future collision between England and Spain, in carrying on their fisheries vju the northwest coast, or in '"making settlements there," subjects itself to three other provisions which follow it, and of which tlie fifth article, and only one niaterial now to be considered, is as follows, viz: "As well in the places which are to be restored to the British subjects by virtue of the first article, as in all other parts of the northwestern coasts of ]\orth America; or of the islaads adjacent; situate to the north of the parts made seUlcments lands settled, and No matter how 12 of said coast already occupied by Spain, wherever the subjects of either of the two powers shall have made seuleuieius since the month of April, 1789, or shall hereafter make any, the subjecte of the other shall have free access,, and shall carry on their trade without any dttturbance or molestation." It is insisted that, by this article, no right vas refained by England, or given to her of settlement south of Nootka Sound; that Nootka Sound, at the conclusion of this convention in 1790, was in actual occupation by Spain; and that the words, "situated to the north of the parts of said coast, already occupied by Spain ," relate to Nootka Sound, b this construction tena- ble ? Is it even plausible ? The lands at Nootka were the very lands to be restored to a subject of Great Britain; tJi*-ir occupation by the Spaniard was regarded as wrongful ab initio; that occupation was about immediately to be terminated and all traces of it erased, and the privilege alone of trading to the point was retained by Spain. Was this then considered a point already occupied by Spain? Again, Iiow would this fifth article have read, had Nootka been intended as a point already occupied by Spain,, thus: "As well in the places which are to be restored by virtue of the first article, as in all other parts of the northweaeni coasts of North America,, or of the islands adjacent, situate to the nonli of the parts of said coast so to be restored, or to the north of Nootka Sound," A:c. Besides this, from the subsequent part of tlie article, it is clear that the words "already occupied" refer to an oooipcuion previous to April, 1789, when the Spaniards had not occupied Nootka, and had no settlement above 42°. The construction, then, contended for above cannot be sustained from the text of the Nootka convention. It k, however, contended that England did not, in fact, remove Spain from Nootka; that the contempo- raneous construction of the treaty by Mr. Fox and others was in favor only of Britain's right to settlement nortii of Nootka Sound; and that this view lias also been countenanced by Briti^^h hii^torian?. It would not be ditficult,. I think, to show that there is no force in tliese objections to the British con- struction. That she did not remove Spain, in fart, is not material, as she at any time confessedly had the right to do so. and was prevented from so doing alone by distance and the want of importance in the object, Spain not insisting on her right to retain posseesion. Tlie contemporaneous con- struction, it is submitted, was not, as contended for by the gentleman from Indiana, (Mr. Owen,) the rhetorical flouni^b of Mr. Fox (one who, as leader of the Opposition , was disparaging the treaty) to the contrary not- withstanding. Time, however, would fail me to take up seriatim the various quotations from English statesmen and authors, nor do I deem it material; for what would be the result? At best, for the opponents of the present British construction, that the fifth aiiicle of the Nootka conventioa is of doubtful meaning. The result, then, with me, of the exaniinalion of our tide to the Oregon territory is, that it is not "clear and unque<9Uorialjile." I have not examined,, nor do I intend to examine, how much ^Maiter it may be to the 49th parallel than to the parallel of .54° 40', thougli I do think it better to the former than the latter; and, indeed, if the line of 49"^ was really marked by the treaty of Utrecht — of which, however, I have no sufficient evidence — we migiit claim with certainty to 19°, and could not f» beyond it. The questioning our title to any part of this territory is certainly no {>lea3ing task to me, un- willing, as I am, to yield any portion of the terrisoiry , and determined, as 1 am, never, at any hazard, to yield anyiliiiis^ Wlmv the 49ih degree of nortii latitude. But, sir, it will not do for us, as ttates'tufn, to i^lmt our eyes to tlie tmtb, aiid to coutcut ourselves wiili gnii^ exprecaiou lu our wi3Uc4 I qui, « f either of pril,1789, ree access,, tion." k I , or given nd , at the by Spain J st,aheady tioii tena- Y lauds to ! Spaniard mediately alone of isidered a rticle have by Spain,, )f the first America,, d coast so r that the ril, 1789, ent above sustained luled that ;ontempo- avor only this view 5 difficult,, ritish con- al , as she 1 from so 'i, Spain eous con- nan from who, as Irary not- utiiii the [ deem it its of the invention 3 Oregon- :amined,, I parallel ner than lie treaty re miglit jstioning me, uu- led , us 1 of iiorlii eyes to • wishcu 13 against our .onvictions. With the highest praise to our Secretary oi State, Mr. Buchanan, for his argument of this question, I must say that it would have pleas«jd me better if he had thought proper to sustain some of his assumptions, in r^rd to the law of nations, by reference to some of those great luminaries who have, in latter times, shed so much light upon the great law of nature and of nations. Decisions of Mansfield, or Eldon, or S«owell,»or Marshall, or Kent; dicta of Puffendorf, or Vaftel, or Burlama- qui, or Story, or Wheaton, would certainly not have been out of place, even in a correspondence so dignified as that between the diplomatists of two great people . I shall not here repeat the points of international law Avhich remain unsettled, bearing upon this great controversy; they appear sufficiently in what I have already said. We should recollect that the civilized world is a witness to all the transactions and arguments in regard to this territory and its title, and that criticism must come upon every un- authorized assumption. Is it not as well for us now to look everything boldly in the face , and be assured , before we resort to extreme measures, as far as we may be, that we stand upon impregnable grounds ? That I may not be misunderi>toot'y may be taken as will provide against all future probable contingencies. Upon the state of the case^ then, as above developed, I am of opinion 14 that England is in earnest in her claim; a claim which is mconsistent with our immediate exclusive possession of the whole territory, and that if pressed DOW by the notice, and the measures inevitably consequent upon it. she will resist by war. I am further of opinion that our claim by title and by neces- sity is not such as to make it necessary or proper, either for the sake of our interest or our dignity, that we should have immediate exclusive possession of the country. » These conclusions are certainly not influenced by any kind feelings in my breast towards Great Britain. Her rapacity I not only admit, but I assert it. I know much of her history, both internal and external — of her foreign aggressions, of her domestic oppression ; and, without descending to ordinary abuse, I say, deliberately, though there may be found among other nations individual cases of national crime of a more glaring enormity, yet that, for per- vading, systematic, organized, long-continued, persevering oppression, at home and abroad, England stands without a parallel among the nations; that, so long as history shall endure, her jails, her penitentiaries, her penal code and penal colonies, her oppressed manufacturing population, her ruined rural population , her poor-houses, her almshouses, will remain as monu- ments of her pertinacious and inexorable disregard of the real welfare of the human species. My hostility is directed, not however against her wretched and trodden-down people. Pity for them is all that can arise in the human bosom. But against that mystery of iniquity, which , under hy{X)critical pretences, by a subde but unseen power, weighs down the poor and exalts itself; against that small but formidable band which, leagued together by a common bond of interest, and balanced with infernal ingenuity for power ^ sways the destiny of half the nations, and proudly tramples upon its own, my abhorrence and detestation are alike determined and inextinguishable. But I am not yet ready to sacrifice my country or my country's interests at the shrine of my hostility. Some considerations have been suggested , which may be entitled to a passing notice, requiring our immediate action, even though our title may not be clear and unquestionable; that England is settling and will settle the country, and thereby present new difficulties in the way of a future ad- justment of the question. Now, this bugbear might have been presented twenty years ago with some appearance of plausiblity, before the tide of em- igration from the Slates set in that direction . Does any man really believe that England can compete with us in the process of settlement? She has never settled India; she never \nll. Her object every where is markets; her existence depends upon the^e. Forts and trading-houses, with their necessary appurtenances, are all that her Government can compass — it can- not control emigration. We cannot restrain emigration. And who are those that emigrate with us, and who are they that emigrate from Britain ? Our pioneers, the vanguard of civilization, against the ignorant and helpless refuge of their over-burdened population : our people, ready to submit to laws, and able to make them when necessity demands; tneirs, knowing neither how to submit nor govern. The parallel need not be pursued; nor do I think the argument can be seriously insisted on in the face of what has been already done, and what is now doing, by our citizens in the way of emigration. If necessary, guaranties might be given by our (government to 8etder3, proviiieil they should fall within our fcrritory upon a definite settle- ment of the boundary, that their lands should be given to them. To this I should have no objection , and it vvould ensure emigration at least to the 49lh parallel . It is I notice u leistent with at if pressed I it. she will 1(1 by nfcces- sake of our i possession f jlings in my but I assert ■ her foreign ' to ordinary ther nations that, for per- ipression, at the nations; 3, her penal , her ruined n as nionu- elfare of the er wretched the human hy|X)critical r and exalts )gelher by a / for power, )on its own , nguishable . i interests at sntitled to a ur title may ill settle the future ad- n presented tide of em- ally believe She has is markets; with their DISS — it can- id who are m Britain ? nd helpless submit to , knowing nsued; nor uf what has the way of eminent to iuitc seltle- To Uiis I to the 4^.)lh It is said that we have always been cheated in negotiation , and that Bri- tain is slyly bettering her claim by prescription. The former position I sim- ply deny; and to the latter I answer, that prescription is not predicable of. a territory submitted to a definitive agreement like that of 1818. Those who are disposed, like myself, to suspend giving the notice, if it must be given, until we shall have acquired foothold in the territory suffi- cient to retain it in case of a war, and thereby induce England quietly to- yield her claim , are charged with a want of magnanimity , with a disposition surreptitiously to obtain that which they are not bold enough to demand. Now, this is a mere ebuUilion of ill-temper; for England never has been deceived in regard to cur claim , nor cfin she be in regard to our purposes in settling the country. When the convention of 1818 was entered into, did she expect that all those who should be settled in the territory at the termi- nation of that agreement should remove out of it, and a fair race take place to see who should get first in again ? Are not our purposes now here avow- ed, and may not some of these avowals reach across the great waters ? But it is said, with this professed intent, will England lie still ? Will she not give the notice, and demand an inmiediate and definitive settlement? Let her, but let us, not precipitate the diificully by taking the initiative. But England will not give the notice. She will ask no categorical answer : she would rejoice to-day tliat siie had never set up a claim to Oregon : she knows well her difficult position. Ireland, her own starving population > her enormous debt, her dependance on us for a market, all warn her against active measures on her part to bring this question to a decisive issue. These would be all-powerfid reasons against her taking a step in advance. True, when we propose conferences, she cakmot avoid them ; when we give her notice, she cannot avoid taking notice of it. She cannot, consistently with her interest, perhaps even with her existence, be driven, in the face of Eu- rope , abruptly and ignominiously from the soil ; but she may suflTer it quiet- ly and without affi-ont really to slide out of her possession. This, then, is our policy; let the matter alone. Neither arbitrate nor compromise. I would not moke an arbitrator of any crowned head in Europe, nor yet of crazy Mexico , or the miserable abortions of South America. No private citizen, no public college could be foimd sufficiently divested of partiality ta suit me for an ar' ' -vtor. I should not know the infiuences that might be brought to bear to arfect the decision ; besides, I want all of Oregon ; if we arbitrate we will be certain to lose a portion of it, and compromise implies a loss of part of it. If we fight we may still have to negotiate, and lose a por- tion of it after a long and bloody war ; if we rest upon our anns, it will all slide quiedy into our possession. I would to God that others could see this question as I do ; that they would appeal to their knowledge of the English people and the English Government ; that they would redect diat a pressure upon her at the present moment must produce a war, a war of desperation in defence of that dignity and of that ancient renown upon which she main- tains her station among the family of nations. Tcmpus vuiximus innova- tor. Let Time do his own work ; let us not mount his car. But our honor demanils inunediale and vigorous action. Our honor has been very suddenly awaked. Has it skuubered since 1818, and now does it come forward, and, like a molocli, demand its sacrifice ? What is the honor of a nation ? It is nothing, afid can be nothing, inconsistent with its true interest. Will any body believe us a nation of cowards if we refrani from giving tliis notice ? Is the world agrfeed that our right to Oregon , and the whole of Oregon, is clear and unquestionable, and that it is a withering shame that we permit Britain to hold a foot of its soil ? I have not so read .16 the world's opinion. There are great doubts about our title every where but at home. Individuals may jeopard their lives and limbs whenever, in their fantastic whinisie?, they may think proper ; not that it is right — but who shall whhhold them ? Nations must act with more deliberate purpose. A nation may fight against the establishment of a precedent, and justly too, and upon a comprehensive view of her true interests. But this is no tea tax; it is no impressment of our seamen, nor systematic vexatious disturb- ance of our commerce. And is not our reputation well established? Are we not known every where to be sufficiently jealous, if not even captious, about our rights ? Are we thought to be among the smaller Powers, whom it would be safe to affront, or to attempt to trample on ? Fy, upon this fret- ful temper ! Our true dignity consists in our being able to wait composedly and bide our time. There is a question, however, speculative raUier than practical, as it does not apply perhaps to the present case, upon this matter of national honor. The question is — How far is the nation bound, at all events, to sustain a course which may have been taken by the President with a foreign nation, however wilful, imprudent, or arrogant? The day may come when such a question will have to be determined; and then 1 should be ready at all hazard? to sustain my country against tlie wayward- ness of its temporary representative. Timidity may be imputed to me for opposing this notice, and if it be, I freely acknowledge my fear — not of the enemy — but my fear to do wrong, my fear of plunging my country into un- necessary war. Sectional feelings seem somehow to have got into this de- bate; we hear much of the South and the North and the West. No such feelings have entered into my mind; I live in a Slate which has no frontier; which has no cities to be battered down or to be given up to storm ; no fields that could be ravaged, no commerce that could be plundered; but it has many a gallant son, whose blood would be poured out like water, and whose bones might bleach many a desert battlefield. The sectional interest of my Stale is perhaps less than that of any other in the question; but I have been accustomed to look upon (he Union as a whole, and to feel that the wound inflicted upon a single limb was a source of pain to the whole body; and so deep an interest do I feel in this question, that, could I believe my constitu- ents so ill-advised, so reckless of their true interests, as to favor this most useless, most unnecessary, most sinful, and in my opinion wicked war, I would, at (he hazard of any personal sacrifice, stand in the breach and save them from themselves. At last, sir, what should we gain by a war? We might seize Canada; we might even look at the frozen deserts of Labrador; we shoul' xol gain Oregon: that we will have with a war; that we will have widiout a war. And who desires to annex Canada? I think in getting it we should gain a loss, and (hat in being relieved of it England would make a gain. Much might be said upon these two propositions, but I forbear. I have thus endeavored to embrace the main jwints presented by the ques- tion before the House. Many other I'^ings have been said, which might be noticed, but they all perhaps resolve themselves into some one of the propositions that have been already considered. [The whole of the above remarks were not made in the House, Mr. Ew- «NG having been prevented from their delivery by the expiration of hia hour.] •« ; every where whenever, in is right — but irate purpose, nd justly too, this is no tea tioua disturb- lislied '! Are v^en captious, 5\vers,whom pon this fret- t composedly 5 rather than n this matter bound , at all he President .? The day ; and then 1 le way ward- ed to me for ■ — not of the ntry into un- into this de- it. No such 3 no frontier; rm ; no fields I; but it has r,and whose iferest of my I have been t the wound ody; and so my constitu- 3r diis most eked war, I ich and save ze Canada; d' lot^mVi lioul a war , lould gain a ain. Much by the ques- hich might one of the e,Mr. Ew- f hia hour.]