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Un des symboles suivants apparaftra sur la dernidre image de cheque microfiche, selon le cas: le symbole -^ signifie "A SUIVRE ", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmds A des taux de reduction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul cliche, il est film6 A partir de I'angle supirieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 I CdUectiorv \ 'i\ 11 SPEECH OF ME. TRUMAN SMITH, OF CONN. ON THE OREGON QUESTION. I! I Delivered in the House of Representatives, U. S.j February 1th, 1846. WASHINGTON. J. 4 O. S. GIDEON, PRINTERS. 1846. lUop 1 1 ri Th rcsoli toGr ■ ernin ;nuMli M M havi' tee cons arisii lice i com I conti claie ed li' two ( autlu poses by tl) be so shall week my i Tl ment venti Years bays, open powe dec la them In deCmi at an IJil of ac( nes (I «efll(' ll i Hated •mm SPEECH. The. Hmise bein^ in Committee of the Wliole, and havin;; undrr ronsj.leration tlie joint resolution reported l)y tlic Couiniiltcc on Foreii^n Affairs, directini;; the Pn-sidcut to ;;ive notice to Gri'ut Britain that thr United StiXtes will tcrniinatc the (lonvemion l)Ct\veen the two Gov- erninenlH, providing for the joint occupatif)n of tlic Oreffon territory, at the expiration of twelve jnontliH — Mr. TRUMAN SMITH, of Connecticut, obtained the lloor, and said- Mr. Chairman: I do not, know that it will be in my power to aid essen- tially the deliberations of the committee on this important subject. But having, unexpectedly to myself, been constituted a member of the Commit- tee on Foreign AlTUirs, having turned my attention most anxiously to the consideration of the present critical state of our relations with Great Britain , arising from the Oregon controversy, and particularly to the question of no- tice involved in the resolution on your tal)le, I ask the indulgence of the conmiittee while I give an exposition of the reasons and motives which will control my action on the present occasion. I am the more desirous to de- clare my sentiments, because, from the outset of the session, 1 have indulg- ed lively apprehensions that this unfortunate controversy would involve the two r-oiuitries in a collision at no distant day. I did not doubt but that the authu. lies on both sides of the Atlantic entertained, in a general form, pur- poses oi a pacific ailjustment, but I feared that one or both of them would, by the current of events, be swept into a position from which retreat would be so difficult as to render a conflict certain. Unless wiser and better counsels shall prevail at both ends of the avenue, than those which tlie last few weeks have made manifest, the Government of the United States will, in my judgment, within a brief space, find itself in that category. The territory of Oregon has been in dispute between the two Govern- ments ever since 181S. Not being able to adjust it then, they, by the con- vention of that year, in ellect, agreed to adjourn it over forlht; period of ten years, providing, in substance, that the country of Oregon, with its harbors, ba\s, and creeks, and the navigation of all rivtMs within the same, should be open for the period nam(Hl, to the vessels, subjects, and citizens of the two powers, reserving the rights of any other stiJe or power to the territory, and declaring that their sole object was to prevent disputes and dillerences among themselves. In 1827 it was deeminl expedient to extend the convention of 1818 in- definitely, with the proviso that cither party might abrogate the; convention at any time after the 20th of Oct., 1828, on giving twelve months' notice. Under these conventions the citizens of both countries ac(iuired the right of access; to the waters (»f Orcjoii — the right of conunerce with the aljorigi- nes (if the couuiry , and the liolit- "f entering |)ose that, both ])arties liave enjoyed ih<' riLrliis of roninicrcial intpr- conrso over the wliolc territory — American citizens in some deij^rce — British subjects nnich more; but in the matter of selth;inents tlie parties have so ex- ercised (iieir riiihts, I'lat Great, Ihilaiii may now b*; said to l)e sidistantially in possession of all the territory north of the Cohimbia river, and we of all south of the same river. [ am of the o])inion thtil British subjects are in the enjoyment of more of the territory in dispute tluui their CTOverimient, on a fair consideration of its pretensions, can juslly ciaii^.?; and I will uphold the existinjr Administra- tion in all suitable efforts to vindicate the Ameriian claim, and to reduce the possessions of («reat Britain lo their proper limits. No meml)(M' of this committee, nor citi/en of the country, can be more deeply impressed than i am with the necessity of ljrino;ing' this controversy lo a speedy close. The irritation exislini;, both here and in Great Britain, is getting to be excessive. It will assume a more and more aggravated form. And the affair will result in the most disastrous conse([uences, un- less it is prom])lly adjusted. It is now pro])osed to give liic notice ]irovidcd for by llie convention o'i 1S27, and t' -resolution on your table d(;clares, that the President should forthwith take the proper steps to abrogate the trinity at the expiration of twelve months. The President, in his message, at the opetiing of the pre- sent session of Congress, says, in substance, that the notice ought now to be given, and adds: " I recommend that provision l)c made by l^w for giving it accordingly, and tenninating, in this maimer, the convention of the t)th of August', ls-i7."' I liavc considerably modified my opinions on the subject of notice, dur- ing the progress of this discussion. In the first instance my impression was. I ought not to vote for it at all; but more mature reflection has l)rought me to the conclusion, that it is (expedient, if not indispensable, to abrogate the convention of U-i^T, and that I ought to vote for a ([ualified notice, or in a modified form. But [ cannot vote for the proposition on your table to con- fer absolute ])Ower on the Executive, nor for notice in the form of any oiv of the numerous modificalions which have been jiroposed, unless that offer ed by the honorable gentleman from Alabama, (Mr. Daroin-,) be an ex- ception. I think favorabi}' of that pro])0'^ilion. Tlit; honorable membe proposes to commence at the Pacific, and run the line through the middle of the straits sejiarating Vancouver's Island from the main land, (called ih' Straits of Fuca.) aiul to proceed from thence to a point on the coast, soutl of the mouth of Frazer's river, at the parallel of 49°, and from thence ir that parallel to the 'Rocky jMotmtains, giving lo the I'mled States all south and to Great Britain all north, of that parallel, '^riiis jnoposition concede to (in>at Britain the lower end of A'ancouver's Island, as an equivalent fo the navigation of the Columbia river, and would make the basis of adjus; iiient substantially what has been repeatedly offered by our Government, desire to thank the honorable inemljer, not oidy for his able speech, but f^ his truly statesmanlike proposition."* Concived in a spirit of moderatioi and e(|uity — proffering to Great liritain the olive-branch, and securing t the Republic all that is im})ortant or essential in the territory of Oregon, w "One of the rcsulinions suluiiittod by Mr. DiM-:jin \v;\s nt one time adnpted by the Cuinmitt; of tlie Whole, by n vote ot' 101 to !»8. it wns aricrwiiids set aside. If it had idtiniately rcceivi' the .snnrtioii of tiic Coiamitteeund of the Hou.'te, I ylioidd iuive eoiisidered it my duty to voto f the notice. h( .SO l.e bf tuc wii <'es on or Wh ten lo( all pra # can vary ihe nicvciul inf.er- )tT\-pj', — Hiiiish cs hiivn so ex- ibslaulitiUy in md \vc of all men t of nioro jnsideration of \q; Administra- :md to leduce , can be more lus controversy Greal Hritaiu. ore a more nirmiiilicfnt thtui any oilier in the we.'^tern world. I (]o no) insist . however, that we should advert to any precise line, but I do contend, that in authorizing or reconiniendinir the notice, we shoidd . in some emphatic form, make kjiown to the Mresiilent the wish of (.'ongress that the controversy should he adiust- ed on the basis of a just ami e(]Mit;d)le compromise, and then, in my (opi- nion , there would he an end of the matter in one month, 'i'lie n-asons why I caimot vote for the power of notice, unless it be (pialilied. I nuist postjione to a stibsecpient part of my arginnent. And here, Mr. Chairman, ])ermit me to say. that, in my action on this subject, I intend to b(; governed by no other consideratiutis than sncli as appertain to the subject itself. I have been npj^rehensiv(< that this (pies- tion of Oregon might become the mere fooiiiall oi' ]iar!y. I ]\;\\v iieard it intimated that there is a good deal of poli/knl r.litfjuer-plaiiinif going on in regard to this matter, cuid that men of hi'jii aspirations wxv making a suuk- injr-horse of the subjiuM to ride into the I'residencv. T will relVain from ex- pressing the feelinus which si; -li a suggestion is ackqited to awaken in (.-very jionest mind, and content myself wit.'i the expression of a hope that ihere is yet enough f»f rectitude and of patriotism left in our ])uhlic councils to check- mate such detestable purposes, if any sncli exist. ,\or can I conseni ihat the dispute about < )regon shall he mixed uji with the (piesiion of Texas. If any one desires to know my o})inion on the subject of Texas annexa- tion, I refer them to the sentiments of niy State, not only as made known ))y the exercise of the elective franchise, but as often declared to Con(,ness by resolutions of our geiK.'ial assembly, conceived in the striJiigvst iern's of opposition ;ind repuu'iiance; one set of which was snljinitted hy my col- league (Mr. Hockwkll) at the presiMit session; or. if 1 ousilit to be more explicit, I ani williny' to declare that I reiiard the measure as a ])alpable violation of the t'onstiMition of the Inited States, more so than any other which has occmred since the oiul it is said that it worild be riuht and just to imolve ihe country in war with Great iJritain.ro the end thai peculiar calamities may he inflicted on the South for wli;it we at the rsortli call "the Texas inirpiity." IJnt I will not rccoii^nise any such motive of action. I am not prepared to .-ay that the Southern Slates are much, if any, more responsible for this enormous wiong than ilie free States. J cannot forget tliat, while the i':*'c Slat<>s ea\e a majoiity of no less than fortv-hve electoral \oies in favor ol' folk and Texas, the slave- holdiim' States ga\e a majoiit}- oi' only twenty votes. IJesides. if lire, de- solation, and tlu' sword, are to bo carriinl into tb».^ Sondi, I a.-k. what, is to l)e done wiili those Slates which opposed Texas annexation? What is to be done with Delaware. Marvland, North ('arolina, ever glorious Ken- tucky , and patriotic and ni.'hle-mindeu Tennessee ? What is to l)e done with our gallant frifore committed in this or any other country ? 'Phe triidi is. that this ])roiect (-f Texas annexation was started Ity the la;*.' President I'yler. in finlheranee of his ridicuhjiis jtre- tensions to the I'rr'sideiicy , (by re-electic'n . an idea which never obtained ;l lodgement any where out of the Presidential mansion. The demagogues all over the country immediately seized hold of the scheme, and, after practising awhile upon the credulity and shallowness of its author, wielded It, witli succops in pronioiinrj llic election of President Pulk. If tlie slavp,- hohl'm^ prrtl'iU'cf Inns of the Soiiili ;ii(.' responsible, in some de;ri-oe, for this wronjT, 1 hold iIkU, the spoil s-ir-raspiiiif jiropcnsUics of the Aorth are eqii(dly so; and therefort.' I will never consent to hiive the United Slates involved in w;ir under iIk; idea of inflicting- disasters on the former section of the country. If luiy inan is to be invested with tin; powers of retribu- tion, in reference to this subject, he can hardly confine his labors to the South — he will iibtless take the circuit of the whole Union, scatterings every where, to the riulit nnd left, ''lire-brands, arrows, and death;" and perhaps he may think that ecpial and exact justice recpiires him to reserve a few bolts for a certain party at the \orth, who, from a mistaken sense of duly, threw away, at the late Presidential election, their votes on a lliird candidate, and thus contributed ellectually to extend ''^Acr/rea of freedom"' in lh<; southwest. But it is M\id we ouiiht to lay om* hands on the whole of Oreg-on, to be convert(!(l into free States, to countervail the fr-ain to the slave Slates by the accpiisition of Texiis. What is meant by this? Is it that we should claim the whole of ()re;ron , independent of our riijht to the whole ? If the entire territory is tridy ours, then we nuist stand up for our riirhls, irrespective of any cpiestion about "^rexas; l)ul if we have not a just claim to the whole, the American p will hardly undertake a iol)bery of territory in one quarter to match a robln'ry committed in tmother, and that, too, on mere calculations of domestic advantage, liesides, the parly on whom the opera- tion is to be performed is a burly old g^Mitleman of the name of Bull, who is likely to niake a liuich stouter resistance than the ))oor Mrxic.an Don, whom you may viclimi/ce at any time with impunity. I insist, therefore, this is a (|ueslion by itself — that it is a broad national question, to be taken up and considered calmly and dispassionately, with a view to a just appre- ciation of the rights of the republic, and to assert those rights with all the iirmness which a high sense of patriotic duty must inspire. i\nd here, Mr. Chairman, I will advert for a moment to what I under- ■o be the position of those with whom I usually co-operate in this > in regard to the pending c( ntroversy. We wish it to be distinctly un- iien^cood, that we shall throw no factious opposition in the way of the Ad- ministration; we are disposed to co-operate with the Executive in efforts to assert our rights, and to resist the policy of Great Britain, promptly and ef- fectively, so far as it is aggressive. We are disposed to do entire justice to the President and Cabinet, and appreciate highly the zeal and ability dis- played by a late, and the ])resent, Secretary of Stale, in the correspondence laid before Congress. But, if the Administration shall wantoidy or unne- cessarily involve us in a war with Great Britain, we believe the American people will hold them to high responsibilities. However imprudent the Executive may be, we intend to rally in support of the coimlry — and, whether in public or private life, will do all in our ynnver to repef aggres- sion, and vindicate the honor of our flag. But we intend to hold the Ad- ministration to the ))erformance of three rigid conditions — first, that they pro- secute the war with vigor; secondly, with ability; and thirdly, with success; we shall allow them no niargin — will not abate one hair — and if they fail, we shall endeavor to place the (government in the hands of better and more (diiqu'teut men, who will conceiUrate upon the contest all the ener- gies (.1' the American peo})le, and coiupier for the Rep»d)lic, at an early day, a glorious peace. But, sir, I desire to approach a liille nearer to the great question before us. In the first place, in connexion with the ground taken by the Admin- istration, I shall recur lo the late correspondence between the two Govern- If the slavfl- L^rcf, for tliis ft North are Jnited States )rnier section s of retribu- hibors to the )n, sciittering dcatli;" and n to reserve a ken sense of s on a tliird ', of freedom'' ~)re^on, to be Slates by the lionld claim If the entire irrespective of to the whole, irritory in one , loo, on mere [)m the opera- f Hull, who RXICAN DoNy ?ist, therefore, II , to be taken a just appre- ts with all the what I under- operale in this ! distinctly im- ay of the Ad- VG in efforts to •niplly and ef- tire justice to nd ability dis- orrespondence only or unne- tlie American imprudent the country — and, ) repel aji^gres- ) hold the Ad- , that they pro- , with success; — and if they of better and 4 :dl the encr- l an early day, ucstion before •y the Admin- Q two Govern- ments, upon some of t\fo f<;aturcs of which it is imp.)riant to ll\ the atten- tion of lilt; fuimlty. It is now said, th;i,t we nol only hiivr the b<'si tide to th(^ whole of (.)re'j-on , but that it is cxpf-'ditMit to push oiu' diiiiii to that ex- tremity. Hut iliis is a new view of the sul)iect, to which uur (invcrument lias arii\(Ml since the lib of March. Ihl.') — wbeilicr in the li'jiii ol' the cele- brated IJahimore resolution, dedariiii,'' -'our title to the w hole ol ihc ttnritory of ( >rei:on to be ch.'ar and uu(|uesliouable," 1 leave ollle^^! lo judiie. Hut it will be obsiMVed, that the nei;'otiatious have ever been conducted between the two (iovermneiits on the basis of compromise, neither party inilicaiiii<;-, until recently, a wish to exclude the ollit;r wholly from ihe lerrilory. Such was the fact in the ne^rotiaiioiis prcdimiuary to tlu^ convention of (be JSih of Octol)er, [SIN. The same basis was acted on in the corresjjondeiice inter- mediate, and preliminary to the conveiuion of the (ilh of AulmisI, iS'iT. The nei;()tiatious were resmneil and jiroseciited under the ausj)ices of Mr. Calhoun upon that ult;a. This distinctly appetus from the protocol of the 23d of Autmst, ISll, sio-ned by .Mr. Callioun and Mr. rakenliam,in which they reco<,mised ihe authority of each 'Mo treat of th<' resjieclive claims of the two Uovernments to tlu; Orei^on territory, with a view to establish a ])er- inanent bomuiaiy between the two countries westward of the Ilocky moun- tains, to the Pacilic (Jcean," the plenipotentiaries intinchangini^ assurances of a desire on both sides '4o aj)proach the (pieslion with an earnest desire, and in llu; spirit of compromise, to ed'ect an adjustment 'onsisient with tin; honor and just interests of either party." Thus the parties substantially ad- nutted tliat each had a better claim to some part of the territory, and that there should be an e(|uitable division between them. We had three times previously, in attempting to ailjust the controversy, that is to say, in iSlb, 1824, and IS;^(), od'ered to Great J:>rilain to divide the territory by the paral- lel of 49^, and in ISlS and l^2C), we oll'ered, in addition, the navigation of the Columbia river south of that parallel. In July, IS'il, (.ireat Uiitain of- feretl to tln^ l'nit(;d -States, to divide the territory by exteudin tbe Administration knaves, die second fools; but I shalL not be so indecorous as to call them either the one or ibe other. But why did tbe gentleman say, (bat any man of common sense must have antici- pated a rejection ? It was simj)ly because, while Great Britain was advan- cing towards us. we were lelreating from ber — tbe title being precisely the same now that it was in iSr^iG. It is diibcidt to see why the Administra- non, if dis[)ose(l t(^ wilbdraw die navigalion of tbe Columbia, did not ofi'ev an equivalent to the Britisb (iovernment. How can the world think that we are seeking a solution of this (juestion in the spirit of peace, if we persist in such conduct ? 2. It is an extraordinary fact, that the oll'er made by Mr. Buchanan (in bis letter of the 12di of July last) was neither submitted to the British Gov- ernment as an ulliinatiun , nor was it returned as such; or, in other wordS;, 'iianiocli.ii.(;ly after my remarks were made in i.ommittee, the PrcKidcnt communicated a t&- cci'.: cdrn sjiunilciici; i:t uvcen the two C>(iV(rnnient.<, from wiiich it ajipear-s tiiat Great Britain has oti't red iigaiii to submit the malt(;r in dispute eitiier to a neuiral power, or to competent citi- i-.eiis of such power, nr in a. commission of eminent citizens of tlic two countries, and that our uovermiunt have rejected arbitrament in any and every form. If our title to the whole of (ir{r;on is so very char, it is strange that llie (luestion cannot I'C sately confided to such a man us Ohief Justice Tii.uey and some hii^li judicial functionary of Great I'.ritaiii? is there not liome danirer, mider such i-ircuiustiui';es, tliat t'.s world will thinii ilia; wc arc not very honeat or s;i.ccro in our ureten^ions, 9 C., no direct (lueslioii; but (hilt we were tlio wiitors of •outitry .should liMiid;- of Mr. irili^^h minisiter wiilidrawiDg- >t olW'.r, to wit, 115 tlio tart ex- •<• ])r«!j)arcd to |M(^stion, more expectations of 1 parallel, (an er had already ^oe.s pereinpto- oiif^idoration of which I think a more favora- i<;r one less fa- 'tlie 1st of De main land be- ^'iG^alion of the the attention arly in the ses- t I he Adminis- 'e it; and after - '//, of cnmmoji re/f^ct it. The il.<; but I shal! ler. But why St have antici- in was advan- r precisely the le Adnjinisfra- \, did not ofl'er )rld ihiidc that 3, if we persist Buchanan (in. e British Gov- i other wordS;, imniunicated a re- thal Gic;it l'riU\iii U) coinpctejit citi- tries, ;uk1 that our to tlu; wliolc of led to sucli ii man liii? Is lliere not c not vciy liontsi Mr. B. did not ^ive the British plenipotentiary to understand that the 49th parallel was the only proposition he could or would make, or the only terms on which we could adjust the controversy. On the cttnirary. the British niitiislcM' was distinctly told, that ''the i'residiMit had dficnnim'il to pur- sue the nej^^otiation to its conclusion upon the principle of coin|>romise in which it ironnnenced." No doubt Mr. Paketdiam supposed the pro])osi- tioii of Mr. B. was a mere bid; and as it was a relrea'iiti'" hid, he imforlu- nutely rejected it. At this ihe President anil his Secrelary seem to have taken fu*'. They instantly iletermined to Ijieak up tin; neiroiialion. Tliey snatched badv the olVer they had made, and then jmsiied the Americjui claim up to 51° 40 . If the Administration were resolvecl nut to concede to regon. ^I'liis, noLvvilhsianding my respect for the President, 1 docni the height of imprudence; it was pre-eminently adapted of M» th tit to ai in SI HI tl P 8i fc 11 ncs of turbulence counuy, plunged ' nn inllamnialory >rci(on. \Vl)at a iritry and ifs insti- ^ e had loua; seen onn.'slic relations, it'arly all the jrreat l1 the sanctuary of long-,shoukrany oast raviiged, our ?<|iianderf'd, and nits of perinittins^ n time, the i3alti- 1 accordance with ]*resident of the nessee. where he t the head of the our capital to as- Jlaiion which had idd feel above re- }spert for his ini- tiie distini^niithed of State, with cause of peace, not so; political nd by rc-echoin<]^ coon is clear and niore certain , he ) maintain, by «// rrilory in dispute. be a menace; it . made this sum- duly constituted ofofiice. How- ie about ()ree assigned for wiihdrawing it. Those interests are the same now as then — the hazards of war, and the importance of maintaining ami- cable r"'lati(»ns wilh (ireat Britain, are the same now as then. Why has the conduct of the Adminisliation been so unstable, wavering, and inconstant? It is, I aninn, owing to the fact that they have all the while been underihe d'iminion of different and wholly repugnant influences — the one a desire to maintain amical)le relation with (Jreat Britain; and the other, a desire to maintain the same relations wilh their own party. There has been a con- stant struggle. I)et\veen these antagonistical principles ever since they came into jiowcr. When the former has the ascendancy, the negotiation is car- ried forward on tlu; only ground w liich can bring the dis|)Ute lo a jieaceful i5- sue, lo wit,a com]>romise; when the last, that l)asis is totally abandoned, and the Adminisiraiion go for ''the whole of (Jregon or none." In short, we are trying an eniire nmv experiment in diplomacy. The Administration, in their n)otiv(;s of acticin . Ii;i\(' been mixing up -'foreign allairs" with ''domestic affairs." We are trying to see how diplomacy and party politics will jump together. In the case of such an imbecile power as Mexico it may dO; but when you are dealing wilh such a chanicter as John Bull, it is quileanother affair. T shall watch the ))rogressand result of this novelty with deep interest. Having llnis presented to the consideration of the conunittee the promi- nent features of the negotiation between the two powers, 1 turn to a topic •whicli should have been mad(> ])rominent in this debate, and which has attracled coinparatively liiile attention. 1 refer to the (juestion of title. It is said that we can really ;m(l truly advance pretensions of title to the whole of Oregon , If so.l go for ihe notici! in any form, no matter how un- <|uali(i(d. It is with surprise. I have seen many honorable members rise on thi.- floor and make elotpieni and able aj)peals lo this coimniitee in opposi- tion to he notice, and yet declare their belief that we had the better title to the whole of Oregon. ] regard every speech of this character as futile and ui;ialory. The AnuMJcan people will never consent to surrender an inch, il they are (onvinced that we really own Oregon up to 51° 40'. If such is (he slate of the case, 1 would abrogate the convention to-morrow. We must ihen look into this question, and endeavor to ascertain the true slate of the title. What ! melhinks I hear some on*; exclaim, an; you a!)out to go over to the liriiish side of the argmnent? No, sir, I shall endeavor to place myself on truly American ground — on the maxim, which has been sanclioned by our wisest and best men — " to claim," in our intercourse wilh foreign powers, '• nothing except what is clearly rigiit, and submit to nothing which is dearly wrong." How can we ascertain wliat is " clearly right," 12 \ in regard to this matter, iinless we enquire into the title. I affirm it is noiggj.y(. only proper to institute tlie onquiry, hut our duty to prosecute it with allgerta the integrity and impartiality of the judicial character. We are placed in 2. a very trying situation — obliged to judge in mn own cause, and liable lobej592 swayed from the path of rectitude and honor by passion, prejudice, andjuji,^ self-interest. Let (hen moderation and a sense of justice characterize ouij^^j^^j, consultations, and then we may hope for a peaceful issue At any rate-^jj^ ^ we shall have conscience and the blessing of Heaven on oin- side, and jipi^ should the result bean appeal to arnjs — the ultima ratio reipublicu' — thenu.yy),i^^. imited, a patriotic, and a just people could not fail to come triumphantlyfqj. ; out of the contest . ^[^\^, If it be admittetl that both parties have just pretensions of title to soniejjj ]r part of the territory, then it is plain neither party can claim, as a matter oljyj^'^ uppf strict right, that it should be divided by any precise line. It is r. Vv'ild savage, and, in a great degree, uninhabited country. We can see on thi hypothesis that Great Britain owns one part, and we the other; but where ti(.jty the line should be drawn can only oe deteiniined by estin»ating, as well as^tjg ^ we can, the value of the respective pretensions of the two CJovernments.pu^. which is merely a matter of opinion, and the case must inevitably be set- jn i' tied by compromise, if settled peacefully. If the American Governmenl jgy have title to all that part of the territory drained by tlie waters of the Co- (Jig^^ lumbia river, and the British Govermnent to that part drained by FrazerV:tije , river, then it is certain that the 49th parallel is not the true line. In such juen case the true line would connnence as high up as the 52d parallel, and cone would run in a sonthwcsteily direction on the high lands dividing the 177;' waters of the two rivers, and would strike the coast at some ])oint between jn fa the mouth of the Columbia and the mouth of Frazer's river. I insist Eno' therefore, that the 49th pantUel can only be proposed as a compromise com line, and I must confess it has ever seemed to me to constitute a propei bette basis for the adjustment of the dilleronces between the two Governments catc( unless, indeed, we can properly take the ground that Great Britain has no fmni claim whatever to any pait of the territory. The Whether we should attempt to exclude that power wholly from Orego", souk depends, in my judguient, on the force and elloct which we are authorized the .- to give to the Spanish title which we actpiired by the treaty of Florida in att(!i 1819. There is no }}reience that we have any claim whatever to the terri- the 1 tory above the parallel of 49'-', except by viriue of our Spanish title, on 4, which several remarks should lie matle. Yui'. 1. It consists in mere naked discovery, without exploration, unless it be Con coastwise, and without settlements. It is certain that Spain never made any or st thing like a settlement in any part of the territory except at \ootka, which ftni she, as Mr. Buchanan admits, abandoned in 179-3. Besides, a settlement ai entii Nootka would have given Spain Vancouver's Island only. A settlement on 5 an island, says Mr. Calhoun, gives the party making it a claim to the whole 179; island upon the princij)le of continuity, but certainly not to a continent ad- trad joining. But I suppose the settlemetit of a continent would carry with it mcr adjacent islands, upon the ground that the principal takes with it all acci.-s- dra\ sories. Mr. Buchanan admits, substantially, that our Spanish title consists bet\ in discovery only, when hii says, in his statement marked J.B., 2, that the Spanish navigators "■ hauled at, many places on the coast, from the 4lst to to the 57th degree of latitude; on all which occasions they took possessioii of the country in the name of their Sovereign, according to a prescribed re- gulation, celeliraiing mass, reading de'-hiratioiis asserting the rights of Spain to the territory, aiid erecting crosses v.'illi insciipiiuus 10 coiumenu)rate tli', event." Mow ; 1 alliiju^ this was discovery only — the ordinary forms oIj- l in V. abo ver' Noi ited r 13 I affinn it is notggj.y(,(| by the Spanish navi^alors on such occasions , conferring rights to a ecute It wjlh allcertain extent, of which 1 will speak directly. Ve are placed in 2. It is doubtful whether the Straits of Fuca were really discovered in i, and liable tobej592^ by (he Greek captani of that name in the Spanish service. Mr. Gal- n, prejudice, andj^^i,^ says, on diis point, in his recent letters to the public: "Unwilling to characterize oulJ^JfJ^^.g■.^py doubtful fact, I abstained from idluding to it in the statement of ' At any rate.^jjg American case in 182(3." So that, in the opinion of that distinguished on our side, and jipi(,„,,,ti^t^ (h^ discovery of those important straits by the Greek captain to iipubhca; jt'^^'^ii-wljich Mr. Buchanan has attached so much importance,is,at any rate, doubt- ne triumpuantlyfi,]. .^f^d this, in my judgment, shakes, in no small degree, our supposed title by S|)anish discovery. If the straits were not first discovered by Fuca of title to soniejjj 1592, then they were indisputably so by the Fnglish Captain Berkley, in n, as a niatter otjygy 'I'his it seems to me would turn the title by discovery, so far as the e. it IS p. Vv'ildypppj. p;irt of the territory is concerned, decidedly against us. can see on thi.':; 3 But however this may be, so little was there of publicity and authen- otlier; but where tjcity jrjven to the Spanish discoveries, if really made, that the two points of ating, as well asjjjg ooast by far the most important, tlic Columbia river and the Straits of vo Governments, pu^-ii^ |jml (q be re-discovered — the former by the y\meiican Captain Gray, levitably be set- j^ 1792, and the latter, as before remarked, by the English (.'aptain Berk- ;an Government igy^ in 17S7. What can be the value of discoveries which have to be re- iters of the Co-jigcovered ? The eulogies which, in this debate, have been passed upon led by I'razer .-: jjj^ i^mue and character of (iray, and the high appreciation wliich gentle- 3 line, in such uj^n seem to have of his great exploit in discovering!; the Cohmdjia, is proof »'/5d parallel, am! conclusive that the mere discovery of (he mouth of that river by Heceta, in ids dividing the 1775, vvas valueless. The world did not positively knov/ that there waS;, le point between jn fact, any such river till (Cray's discovery put the ijuestion at rest. The river. 1 insist. English navigators searched for it in vain until Gray, by a fortunate hit, in s a compromise connexion with other facts, conferred upon us an undoul)ted title to far the istitute a propel better part of Oretron. I insist, that discoveries, which are not authenti- /oL^overnments. cated, where no landmarks are given, no charts published, and :-io means t Britain has no fmujcibed of identification, are not worthy of a moment's consideration. Thev add nothin"' to the ^eojrraiihv of the world, and nothing to the re- ly troin Uregon, sources of commerce or business. It is well known that tiie application of e are authorized the steam-engine to navigation had been suggested, and, to some extent, ity of Florida ill attempted, long before Fulton, by making that matter, practical conferred ever to die tern- the richest blessings upon his country and the world. !5panish title, on 4. The F,nolish,by AIcKenzie, 'undoubtedly discovered and explored Frazer's river in 1 7U*i, and establi.-^hed tradiiiij!' ):)osts upon it by the \orthwest tion, unless it be Company in IHH). Xo AmtMican citizen math; any discovery, exploration, never made any or settlrmcnt, in that part of Oregon, prior to the convention of 181S; nor t Nootka, which Am 1 aware that any .-.uch citizen has occupied one foot of it, Uiough fully s, a settlement ai entitled to do so, under the convention, from that day to this. A settlement oil ,5. VVc discovered the Columbia river, as before remarked, by Gray, in dm to the whole 1792— explored it by Lewis and Clarke in 1S:(M and '5, and establi'shed > a continent ad- trading posts upon it by Astor in ISl I . The English have mad«; many settle- dd carry with it mcnts in the valley of the (Columbia since IHIS, but from these they can .villi it all acc(,'s- drav/ no benefit, as, by the convention of that year, tlie title is to be settled lisli Utle consists betv/een d.e two (jiovernments on the slate of things tiieu existing. . B., 2, that the Under such circumstances, it would scrni to me theie can be m) difliculty from the 41st to in estimating" the value of our claim to so much of our territory as is situated ' took possession abov.' tht; imrallel of 19-'. I repeat, it is found wholly on Spanish di.-^co- a prescribed re very, ru»uiing back into the dark ages, and doultiful on important points. ! rights of Spain Nothing is more clear, than that mere discovery of a savage or an iminhab- (inmemorate til', itcd country, never gives a tit!"^ unless followed by cxploratiou and settle- inury forms ob- 14 ment witliin a loasonablc time. This is acIaiiUcd by Mr. Buchanan in y S[ statement marked J . B. He says: • jjnt " If the discovory of lliu luoutli of a ris'cr. fnllmced up vitliin a rkasonable timp; l)y tlir len < exploration liotli nf its main cluiiuiol and ilis priiicijiul Ijnniclies, and a|)[iropri;Ui;d liViggec first settle uicnt on its i'anks, do not con.stituto a title to its territory drained liy its waters in,' . . nation perforiniii'.^ tlicse acts, tlien tlu^ rrincipN's oonsei-rated by the practice of civilized •riiai tions, ever sim;'' the discovery ol'tiie nev. world, iniust have loxt their power. "^I'liese |irinci;er PI ■were necessary to preserve the jieace of the world. Had they not bet-n e-nforced m pi"""g Rti clashiiis; claims to new discovered territory, and perpetual .strii'e anionj^ the nations, would 1;_ ' been the inevitaljle result."' Gft^y afttei " This is strong langiinE^c, but not more strong than true. What are t(|^ f, princijjles consecrated by liie practice of civiHzed nations? Not that (ijguji covery alone, but that discovery, followed up, within a reasonable time.jjg . exploration and settlement, gives a good title to wild and savage countri-Quv Not a settlement was made by the Spaniards on this coast from the iiKJ^n suppo.sed discovery by Fuca, in 1592, to 1818, unless the trading post ],i Nootka be considered such; and that, a.-: before remarked, was abandoiiyitii in 1795. Over two centuries and a quarter elap.sed, and no'hing done \\^^ ^ Was not that a reasonable time to make settlements.^ How much tii^ettJe •would our honorable Secretary of State allow to this poor, degraded, aigy d inert race of men, to clfect such an object? Without enterprise, industrjjigaf or vigor of cbaracter, the Spaniards woidd not liave settled Oregon to tJUr, end of time. I contend thai no nation has a riiiht to hold a wild couni^ titl vacant for ages, under pretence of discovery. There lies at the bottom have all this a great law of our nature, which was enstan)])t'd upon liumanity^^^liol the era of the garden of Eden,uhen man was enjoined to ^'lie fruiifierrit and multiply and leplenish the earth, and subdue it." The SpannuUi Mexicans l)aving failed to cttmply with this law, the Angio Saxon race, cove either of its branches, had a right to treat the country as vac; !it — to ciigetth and take possession. title 13ut there are other dilliculties in the way of this Spanish title which iFras ec[ually serious, among which, that arising out of the convention enteiagaii into btitween the T?ritisli .lud Spanish (Jovcinments in IT'.H), ii.sually i An"" nominated tlit; Nootka Sound convention, is by no means the least. It Wh< \vell kii'jAn that, some time j)rior to that date, a serious controversy an the < between Great Britain and Spain touching ilie jiorthwest coast, the couiii can lunv in dispute between us and the former jxnver; Spain ckdmed the i that elusive right, to it, but this Gre;tt Britain denied; and the disj)nte was on i lyjin point of being brought to the issue of arms, when S])ain yielded the poii sucl and agreed to restore the buildings and lands of wiiich British sid)jects li, was been dispossessed, and to make rep;iration in damages for acts of violeiu gtat Both ])ariies stipulated not to molest, or disturb their respective sid)jects, ei drai er in navigating those seas, t)r in landing on the coast ''for the jnirposc alle carrying on their commerce with the natives of the country, or of maki; as .srt'/A7//.e//As' then'.'" In this maimer the Spanish (Jovernmenl recognis ' froi British subjects a gooil and ]»erfect right to land on the coast arid make .■■ tion tlemenis in Oregon. 1 am sensible tiic honorable Secretary of State L C. given two answ ms to this objection — liist, that the arrangement was tem; Gal jiuy in ii-^ characler; and secontlly , that the convention was abrogated por the war which, at ■■ suliseipient ]ierio(!, broke out between the two ])ow(. are Temporary! What is meant by tliis .^ \V;is it to k.st for ten, twenty, the fifty years, or at tiie pleasure of the parties? Nothing of this sort is to : est; found in ihe convention itself; ami, Ijesides, the word "seulemtnils" impvas or was not temporary, and whether it was or was not abnegated by i: is/i f=ub^e(pieiit war, one ihinLj is ccrluui; that it involves u distinct udmiiii'. on 15 Ir. Buchanan in y Spain that the country was then vacant. Indeed, that was tlie precise 3int of the (hspute between Great Britain and Sjjain. Tlic hitler power ^"VAni.F. TIME l.v til., ten chiimed title to the whole northwest coast, and on that jrronnd dispos- and M,.,,r,,pnat,-,j l.y.gged British subjects, and drove them away from Noolka. Tliis Great .lined i,y Its waters jii, . . ■ i i • • . i ■. -i i . • i i i practice of civilized 'ritain resistcd; she nisisted it was a wild country, unoccupied, and that Kiwer. 'I'liese i.riiu.cer subjects had as good right to frequent it, tUid to make settlements iliere, •••" "iiiv.ned in ,„•;„- gpanish subjects. To this pretension Spain ultimatelv yielded, and tiie , Uic nations, would h ' c ftu^ i .1 . • t .1 • ■ . r •. • 1' 11 •eaty of U .10 proceeds on that liasis. in this pomt ot view it is wholly iin- , arterial whether the convention of Nootka was or was not temporary, for ^'*^7 V '^' '^^^ ''^^ force of her admission is not thereby w(;akoned in tjie least. And it is lis . Aot that lijqu'illy immaterial whether the treaty of 1790 was or was not abrogated by ledsonanle time, jjg «ubsci|uent war; for, although war usua'ly does abrogate all treaties or ^^a\age countri>.^jnventions between the belligerant powers, yet it never does abrogate the coast Jnwn tlie ^\yjlfuissinfi of a fact. Truth is ever the same, war or no war. le trading post j,j addition to this, we have, by our conduct, emphatically, in connexion •U, \vas abandonyit[j tl^e v.,[lt.y of tl,e Columbia, admitted the same thing. By virtue of no'inng done .jjg discovery of Captain Gray, we claimed the right to enter, explore, and lo\v much tii,g|tig^ go much of Oregon as is drained by the waters of the Columljia river. iooi,(iegiadcd, aQy (iiggg acts we, in substance, allirined that the country was vacant. We mterpiise, industrjii^^ff^i-med the Spanish claim. We treated it as a pull' of empty air. But J iiav« iiu iiiiu 111 iJiii u\v 11 ngiiL lu .1 upon humanitjyholly on our Spanish title; and rV"q?i ^["'''territory amount to an affirmati( I c, ^P'^'^'nnllity. If we could say, prior e( Uregon to t|]||r. BucL...ian sajSjthat a man having a title in his own right may purchase ioaa\\ild couniajifie outstanding in the name of another person, and use both. But we les at tiie bottom have no title in our own right to the upper part of Oregon. We there stand d our proceedings in the lower part of the ation that the Spanish title, as a whole, is a , X ,.»... ..J- »« ,.>. ^.,..... ^..r , prior to 1SI9, to Spain, that your title, by dis- ig o ^axon race,covery is, in the valley of the Columbia, by reason of our explorations and 'I? vac; lit to ciigettlenients, naught, surely Great Britain can say the same, when that . title has got into our hands, for the same reasons, in regard to the valley of nirili tale which aPrazer's river. In both cases, it is re-discovery , exploration, and settlement, :im\ ciitiun enteragainst original discovery; and it is in both the indomitable energy of the ' usually < Anglo Saxon race, against the sloth and inertia of the Spanish character. lis tlie least. It Who can doubt which should prevail? I have no dil!iculty in coming to s controversy an the conclusion that our Spanish title is of liule won... Possibly some use t coast, the couni can be made of it to fortify our claim to the valley of the Columbia; for un cluimed the ( that purpose I am willing it should be used. When, however, this Ad- (!it])ute was on t ministration is guilty of the ultraism of pushing our claim up to 54° 40', on Mchlt'd the poll such feeble grounds, every American citizen has a right to complain. Such iiitish subjects li ^^s not the course of Mr. Calhoun when at the head of the De))aitment of or acts of vjoleiir Stale. He insisted strenuously in our claim to all that part of the territory .ti\e sul)]fcts, ei drained by the waters of the Columbia river, looking obviously to the par- 'ior the purpose allel of 49^ as tht; basis of settlement. In his first statement lie concludes niry, or of makii as follows: "The uiulersigned, pleni)H)tentiary, abstains, for the present, from presenting the claims which the I'uiied Sintes may have to other ])or- tions of the tenitoiy." In reply, the British pleiiii)Otenliaiy called on xMr. C. (f> deliiie the nature and e\.lent of such claims, in answer to this Mr. Calhoun merely s;iys,that the claims which the United States have toother portions of ilu! teriiiory "are derived from SjKiin by the Florida treaty, and n the two pow(. are fouiu! in tho discoveries ami ex})loratioiis of her navigiiWjrs, and which nient recognis jast and make ,- rotary of Slate ! ement was tfiii| kvas abio'i-att'il or ten, twenty. ( this sort is to tlemeiiis'' iinpn ler the conventi' abrogated by li lisliiict aduiifii'. they iiiu-i regard ;is giving ihem a right to the e\i.ent to which tlit-y may bo ^lal)Iished, imless a belter can be opposcid." How guarded is this language! The exleiii to which tlit-y may be eslalilished ! ! L'nless a be'lttncan be op- posed I I ! He knew well what could be opiH)sed to this old rivhvtij Spoti- tsh titit! — discoveries by British navigators, anil explorations and seUlement:^ on Frazcr's river by British subjects, long after the Spaniards had lost all 16 their rij^lus, (if tlioy ever had any,) by non-usrr. It is certain that ]\I (Calhoun was fully roiivinced that our Sp;uii:ih title conkl not stand by itsci for on no other .supposition can wc account for liis manner of treating li subject. I luive iilready ?!;iid tliiit neiilu'r party riin, on any of the grounds adverted '. claim tliat tlie territory shoidd, as a niatter ol strict rij-lit, be divided i)y any pt cise hne, hut tliat the division must be made on a comiiromisi' liiu': hut there a irround of claim which will f our wild hnnh ; ely west of the Sta l(i riHimry wi -it of the Rurky inoimtaiii.s, ami iyin:; wol uf Limisimia, as iiijaiiisc Sjiaiii, wliii'ii iMigiiinil liad ti) the iouiit;-y wcsiwaril of the Al'r'jjhaiiy iiii>uii:aiiis, as iij^ain.st France — witli this (iill'f rtnrc, iliat SiKiiii had noiliiii<,' to njiposf to t!ie claim "f Froiicc at tho lime, init the riu'lit of disci iviry, and oven tliat Eii:;iaiid has sini'o denied ; while Fraiici; iiad op- posed t(i the riifht of I-'ni^land. in lier case, tliat of discovery, ex]>loration, and settlement. It is, tijerefore, not at all siir]irisini,^ that France should claim the country west of the Rol^ky moun- taiMs, (as may l>e interred from her maii>!.) on tli" same priui'iple that fireat Britain tia'l claim- ed and (li.s|iossessed her of tiie retrions west of the Allei'liany ; or thai the ITniteii Stales, as SOtni as iIk'v had accpiired 'lie riijhis of I'" ranee, should assert the same claim, and take mea- sures immediately after tf) exiilore it. with a \iew to occujiation and settlement." In this form Mr. Calhoun ha^, with snflicient distinctness, expressed the idpiiii'in tlnit the claim by continuity is superior to a claim by mere discovery, iBspeciallv when the latter is not consummated in the proper manner, and within a reasonable time. I therefore arrive al the conclusion, that upon this ground we can properly claim till that part of tlie territory whicli is situated south of the 49 degree; but the same principle will give the British Government all north ■of the saine parallel. Indeed, the claims of both Governments — .that of the American Government, to the valley of the Columbia, by discovery, explora- tion, and settlement, aud that of the Hritish (Government, to the valley of Fra- zer's river, by the same ingredients of title — are irreatly strengthened l)y this doctrine of continuity. I cannot discover any plausible excuse for the extrava- gance of this .\(iministration in pushing our claim up to 54 degrees 40 minutes. This thev have done in face of tour distinct oft'ers hy our Government to divide the territory by the parallel of the 49th degree, concedinsr, in two instances, privi- leges important to Great Britain in addition. How can we, under such circum- stances, claim the whole territory? Is it wise, is it just ? Does this policy confortn to our great tnaxim of diplomacy, not to claim, in our intercouse with foreign powers, any thing except what is clearly riirht ? lam fully convinced that the 49th parallel is all that the true interests of the American people require. Have gentlemen forgotten that Northern California is open to us. and that we can and shall ac(piire it without committing another outrage on the rights of Mexico? Having examined tlic