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Tous las autras exemplairas originaux sont filmAs an commen^ant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la darniire page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image da cheque microfiche, selon le cas: la symbole — ^ signifie "A SUIVRE ", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvant dtre filmAs A des taux da reduction diffArants. Lorsque le document est trop grand pour dtre reproduit an un saui clich6, il est filmd A partir da I'angle supdrieur gauche, de gauche A droite, et de haut en bas, en prenant la nombre d'imagas n^cessaira. Las diagrammes suivants illustrant la mithode. 1 2 3 J 2 3 i ■; # ; f 5 6 ^ S -/^1 ? ^ CdUectLorv • ■ • . . •" ,5iUf j I. > "(o I • . ■ ■ ■ ■ ,.;t SPEECH OF MR. SEDDON, OF VIRGINIA, ON THE OREGON QUESTION. IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, APRIL 15, 1846. The House being in Committee of the Whole on the state of the Union — Mr. SEDDON rose and addressed the committee as follows : Mr. Chairman : In much that I had intended to say, had I succeeded in obtaining^ the floor at an earlier period, I have been anticipated by the able gentlemen who have preceded me, and especially by ., 16 honorable membe; from Ohio, [Mr, Vinton,] who so forcibly addressed the committee on yester- day in support of tie ar'?ndment offered by him- ■flf. , But for. being so h..acipated, I should myself lutTQ offered a similar amendment: for so important and essjential in its character do I deem that amend- ment that my own ijiltimate vote upon this bill must ibe determined by its acceptance or rejection. It pro- poses to limit the operation and effect of the bill to the period durine which the existing convention be- tween, the United States and Great Britain for the joint occupation of the Oregon territory shall con- tinue in force. The bill, as reported, Mr. Chair- man, will operate in two very different and distinct states of our relations with reference to the Oregon territory. Ostensibly, judging from the title of the bill, which is for the protection of American settlers until the ternrtination of the joint occupancy, and ftom most of its provisions, its aim and purpose were flimply to provide for the extension of the laws and jurisdiction of the United States over our citizens in Oregon during the continuance of the convention at presf tt subsisting; but in actual operation and effect wi.houtthe limitation proposed by the amendment, being indefinite in duration, it must extend beyond t^e continuance of that convention, and have an ap- ; plication and efficacy far exceeding, as I presume, the contemplation and purpose even of those who reportedand now sustain it. Mr. James Thompson here rose, and (Mr. S. giving way for explanation) said that the gentleman was mistaken. The effect of the bill after the ter- mination of the convention had been contemplated and intended by those who reported it, and they had now come to the determination, when the proper time arrived, to propose to amend the title so as to make it read, "A bill to protect the rights of Ameri- can settlers west of the Rocky mountains." Mr. Sbddon resumed. Well, sir, I must be per- mitted to expre^^ both my surprise and reeret if ',qi^ch effect wae designed to be given to the bill—tha^ i( should have been reported with a title so incorrect I *J O ... .1 * '-tf. and delusive. From the title as reported, and even a cursory examination of its leading provisions, members might readily have been misled to believe its operation was designed to be limited to the dura- tion of the convention and be determined with it; and thus the House might have been betrayed through misconception into the heedless adoption of a measure repugnant to its sense of policy and jus- tice, I am happy that, though late, such delusive guise is to be cast aside, and that the bill is to be made to avow on its face its real purpose and ex- tent. The bill, then, Mr. Chairman, is to haye a double operation, and, as I have said, under essentially dif- ferent circumstances. It is first to operate daring the convention, and while our rights are deter- mined by treaty stipiilations, anv^ then after the proposed and expected determination of that con- vention, it is to continue active in the assertion of our pretensions as maintained under the law of na- tions independently of that convention. I shall pro- r«ed to examine it with reference to each state of circumstances separately. In its operation during the continuation of the convention, I confess, Mr. Chairman, I see no juat objections to its provisions; but on the contrary, deem it, wit;: the saving clause embodied which protects all the rights and privileges of Great Britain and her subjects under the convention, salutary and just. During that period, it but extends the juris- diction of the laws of Iowa, so far as applicable, in entire subserviency to the convention, and with an express saving of all rights scQured by it to British suDJects over the territory west of the Rocky moun- tains belonging to the United States. Such exten- sion is consistent with the rights, while itisden^and- ed by the honor and obligations of the government. We have citizens settled already in considerable numbers in the territory west of ihe Rocky moun- tains, and they are daily, by emigration and other- wise, increasing and multiplying. They have gone and are going to that remote territory under the in- vitation and inducements of our governmisnt in both its branches, executive and legislative. They are without laws, under no competent jurisdifjtion, and destitute of all regular government. Their exigen- cies have so imperatively demanded the sanctions of law and government, that they have been driven to the feeble substitute of self-constituted associar tions, and an appeal to general acquiescence in thei- 2 decrees. They have appealed to this government for the redemption of its obligation, impliedly at least given for their security and protection, and in- voke the aegis of our laws and jurisdiction over them. We have no exclusive ownership or jurisdiction under the convention over the territory so occupied by them, it is true, but we have certain admitted rights and privileges there as defined and ascertain- ed by that convention itself. Coextensive with such rights and privileges, may our jurisdiction be most fully carried; and so far as we may, 1 humbly conceive we should not, under the circumstances, hesitate, by the extension of our laws, to give the security and protection demanded. The eloquent gentleman from South Carolina, [Mr. Holmes,] who addressed the House yester- day, urged that the extension of jurisdiction as con- templated by this bill would violate the provisions of tne joint conventien. I am generally proud to concur with that gentleman, but from this view I must be permitted wholly to dissent. During the convention, the bill is made to operate in subservien- cy to it, and all the rights and privileges of Great Britain and her subjects are expressly saved and ex- cluded from its action. How, then, can it violate or contravene the provisions of the convention? Is the objection that urged with zeal by the gentle- man from Tennessee, [Mr. Brown,] that our laws should be extended over persons only, and not be made to operate on property, or ^'territorially," as this bill does? I hold, .sir, that our laws, in their appli- cation, should be made coextensive with the rights and privileges ascertained and secured by that con- vention to our citizens, and sufficient for the protec- . tion and guarantee of those rights and privileges. . Now, under the convention, haye we not something more than the mere right of entry to our citizens? The eminent domain is indeed in abeyance; exclu- /sjve sove^eigntyjs not to be cj^imedor exercised either by the United 'States or Great Br^^tain; but ,our citizens are not merely free to enter; they may take their effects and property; they may trade and hunt; may build, settle, and even occupy the land, enjoying the usufruct, though not holding the abso- lute or exclusive title. We may, then, by our laws do more than guard mere personal immunities; we may protect the property and effects of our citizens, and secure them in the peaceable possession and usufruct of their temporary settlements — nay, more, as among our own citizens on their acknowl- edging allegiance to the government of the United States in that territory, having complete jurisdiction, we may regulate their claims and rights in regard to the lands settled or occupied temporarily by them, as well as all other matters of right or contract. We may then legitimately, during the convention, legis- late not merely over persons, but (as it has been called,) "territorially'" likewise. We have done nothing ma.e in extending "the laws of Iowa, as far as applicable," over the territory west of the Rocky mountains; and to exclude the possibility of miscon- struction, we have inserted an express saving of the rights secured to Britain and her subjects. Such saying was not, indeed, of absolute necessity, and might, perhaps, with safety have been omitted. We could not, if we would, by legislation violate the convention; for, under the constitution, treaties constitute a part of the "lex legum"—lhe supreme law— and under judicial construction, the full effect of the saving, even if omitted from the bill, would have been secured, and all enactments in violation of the convention would be annulled and vacated. Still the insertion of the saving clause was wise and just, because we owe it to ourselves and the honor of our government that even the seeming of bad faith, or an ecjuivocal purpose in our legislation, should be avoided and disclaimed. Satisfied by the reasoning I have used, 1, for one, do net need, m the extension of our jurisdiction as contemplated by this bill during the convention, the precedent and sanction of English example; nor is it my wont to guage by such measure the extent either of our rights or obligations. Yet, if such additional warrant for the extension of our jurisdiction under the convention be required, I insist, notwithstanding the argument of the gentleman from Tennessee, [Mr. Brown,] it is afforded by the British legislation of 1821, to which reference has been frequently made. That act of the British Parliament, I submit, is in equal sense, and to the like extent with the present bill, territorial in its operation. By it, "the courts of judicature in the province of Upper Canada" have conferred on them "the same civil jurisdiction, power, and authority, within the Indian territories, and other parts of America not within the limits of Lower or Upper Canada, or of any civil government of the United States, as the said cours have, or are invested with, within the limits of the said provinces of Upper or Lower Canada," &c. Nor is the saving of the rights of the citizens of the United States under the convention, by any means so clear and satisfactory as the saving in tliis bill in behalf of British subjects. A full examination of the pro- visions of tlie British act will, ' think, satisfy every one that, in the assertion of jurisdiction, it goes at lenst as far, if not farther, than do the provisions of this bill. Rut the gentleman from Tennessee [Mr. Brown] argued that this act of the British Parlia- ment must be held to have been superseded by the subsequent convention of 1827, which is the one now subsisting in relation to the Oregon territory, and, therefore, was not now in force. The validity of this argument cannot be admitted. The convention of 1827, so far as it relates to the rights and privi- leges secured to the citizens of this country and Great Britain respectively, is identical with that of 1818, which was in force nt the very time the Eng- lish statute was enacted. If that statute was enact- ed, and opertited during and under the joint con- vention of 1818, how could the renewal of the iden- tical convention in 1827 (with no other change than its extension indefinitely, with a provision for its termination on twelve months' notice in lieu of a specified term of years) annul and supersede the pro- visions of the statute. Such effect cannot be as- cribed to the renewal of the convention in 1827; but even if it could, and the British act were really non- existent, still the full effect of the British precedent would remain. For by that act, passed in 1821, after and during the convention of 1818, a clear manifestation is afforded that, according to the un- derstanding and construction of the convention by the British Parliament, provisions for the extension of jurisdiction, as in that act, (like unto those in the bill before the committee,) were not in contravention or violation of the joint convention. This precedent, Mr. Chairman, may suffice to relieve the scruples of such members as would not wifh, in legislating under the convention, to give ground of complaint to Great Britain that it had been violated. But if apprehensions on this score are still entertained by any, they must, I think, be dis- sipated, by reference to the despatch of Mr. Galla- tin, who, as minister of the United States, negotiat^Q J the conven the confer and himsel exercised I under the < "The esta on the west • objected to ( ty. I obsei might, from meu they en specttotradi , rV on a spet (that of Grea 'ulation there jnies and in ■•■ in our mo«t 'and justices solute neces ernment. \ jurisdiction be exercise tn be aajuies tied the erecti iy to the tern fined as embr of a line that Stony mtuMi In pursu the present within ite United Sta viz: "the i ri river, be latitude." missioners jection on violative oi I (rust, that, so far ance of thi needed; ths olatlve oft in the proti with the rig 'by it; that cedent and with sug^ei British go^ the negotii my appro b Before \ the bill in jectionahle convention have a ma <]uent oner tainty the during the States is b] bill, during protect and certained ti and consec] XRUst be CO tory in wh vriU then c convention unquestion utmost lim of the bill point then ■ memberii t Mr. S. adf admitted 1 around me 1 5f 3 aa wise and 1 the honor ling of bad legislation, , 1, for one, risdiction as vention, the lie; nor is it ixtent either h additional iction under withstanding lessee, [Mr. ^gislation of lently made. lubmit, is in the present "the courts inada" have jurisdiction, 1 territories, he limits of government have, or are id provinces Nor is the the United lans so clear )ill in behalf 1 of the pro- atisfy every !, it goes at rovisions of nessee [Mr. itish Parlia- :ded by the 1 is the one m territory, e validity of convention s and privi- ountry and vilh that of (\e the Eng- was enact- joint con- of theiden- lange than ision for its in lieu of a ede the pro- not be as- 1 ]827j but really non- 1 precedent ed in 1821, 18, a clear t3 the un- vention by extension lose in the itravention suffice to would not m, to give it had been 3 score are nk, be dis- Mr. GttUa- negotiatj^i) the convention of 1827. In that despatch he states the conferences had between the British negotiators and himself, in relation to the powers which might be exercised by the government of the United States under the convention. He says: "The estkblishment of a distinct territorial government on the west side of the Stony mountains, would also be ' objected to as an attempt to exercise exclusive sovereign- ty. I observed that, although the North.. est Company might, from itti being incorporated, from the habits of the men they employed, and from having a monopoly with re- ' spect to trade, so far as British subjects were concerned rar- ; ry on a 8pe<'ie« of government, without the assistance of > that of Great Britain, it was otherwise with us. Our pop- ' ulation thene would consist of several independent compa- i'nies and individuals. Wchad always been in the habit, ■> in our most remote settlements, of carrying laws, courts, ' andjustices of the peace along with us. There was an ab- solute necessity on our part to have some species of gov- ernment. Without it, the kiud of sovereignty, or rather jurisdiction which it was intended to admit, could not be exercised on our part. It was susiif.sted, and seemed tn be acquiesced in, that the difficulty miifht he obiialed, provi- ded the erection of anew ttrrito}ij was nitl confined excbisivii- lu to the tervilory west of the mountains; that it should be de- fined as embracing all the possessions of the United States west of a line that should bi at some distance from, and east of the Stony mtuAtatna." In pursuance, probably, of this very suggestion, the present bill has been so framed as to include within its operation undoubted territory of the United States lying east of the Rock/ mountains — viz: "the intermediate country west of the Missou- ri river, between the 40th and 43d parallels of north latitudet" The acquiescence of the British com- missioners must apply to this bill, and preclude ob- jection on the part of their government, that it is violative of the joint convention. 1 trust, Mr. Chairman, to .have now established that, so far as this bill operates during the continu- ance of the convention of 1827, its provisions are needed; that they are just in themselves, not vi- olative of the convention, but only commensurate in the protection afforded, and authority exercised with the rights and privileges ascertained and secured by it; that they have the sanction of English pre- cedent and example, and are only in conformity with suggestions received and acquiesced in by the British government through its commissioners, at the negotiation of the treaty. So far the bill has my approbation and support. Before proceeding, Mr. Chairman, to consider the bill in its further, and, to my mind, most ob- jectionable operation after the termination of the convention, allow me, the more especially as it will have a material tendency to elucidate such subse- ■quent operntion, to ascertain with precision and cer- tainty the limit of territory or latitude to which, during the convention, the jurisdiction of the United States is by the bill to extend. The object of the bill, during the continuance of the convention, is to protect and secure all the rights and privileges as- certained to belong to our citizens by its stipulations, and consequently, to efTect that end, its operation URUst be commensurate, as to limits, with tne terri- tory in which such rights and privileges exist. It will then cover the whole territory embraced by the convention of joint occupancy; aiid as that territory unquestionably extends to the Russian line — to the utmost limit of 54° 40' north latitude — the operation of the bill must be to that extent likewise. On thi» point there can surely be no question; (here several^ • memberii around expressed acquiescence aloud, and 4'Mr. S. added:) and 1 am happy to hear the poskibn ^admitted by honorable gentlemen of all parties (around me. I shall proceed on such admisatoa^ I come now, Mr. Chahmnan, to the consideration' of this bill in the more important view of its pur- pose and operation after the termination of the joint convention. What, then, will be its aim and effect' • I maintain, with entire confidence, they wiH be to extend over the tohole territory of Oregon, to the ut-- most limit of 54'^ 40" north latitude, or the Russian line, the absolute and exclusive jurisdiction of tl»e laws and government of the United States, to the dispossession of Great Britain, as of all other na- tions; and that, for the accomplishment of such re- sult, the power substantially of making war, and employing the military force of the Union, is in- trusted to the discretion, not even of the President, but of the executive of a distant territory. The bill is indefinite in duration, and no distinction whatever is made in the language prescribingthe limits to which jurisdiction shall extend before and after the convention. The phraseology is looso and vague, viz: "overall that portion of the territory of the United States which lies west of the Rocky nK>un- tains;" and after, as before, the termination of the convention, the proper construction to be given to^ the bill must be determined by the ofHcera to admin- ister it, or by judicial interp^retation, as I hav« al- ready established, Mr. Chairman. The object of" the bill, during the pendency of the convention, be- ing to assert jurisdiction coextensive with the rights ascertained by its stipulations to belong to us, and they extending to 54°, 40', the necessary construc- tion of the phraseology of the bill, both in common understanding and judicial interpretation, will be tO' extend jurisdiction to that extreme limiti To pre- cisely tne same language must not, after the termi- nation of the convention, this necessary, interpreta- tion, previously ascertained, be continued and en^- forced? With nothing in the bill to limit or restrict such construction, the meaning, once asoertainedi and affixed to the phraseology, identical both before and after the convention, must remain unchanged. Precedent and common understandirjg as ttxlh* interpretation before, will extend afler the terminatioa of the convention. Could the stringency of such pr» . vious interpretation fail to conclude in the constmar . tion of the law, the result would probably not b o changed. In the administration of the law, aft' er the convention shall be tcfminated, the construct* on of the vague phraseology, to which I have allnd ed, must devolve on the executive of Iowa, or the In- dian agent and officers to whom, by the bill, th»! ex- ecutive power over the territory is given. Wit'n the feelings and influences operative on such fuifction- ariea, cnn it hedrtnbtod they will hold "the territory owned by the United States, west of the Rocky' mountains," to extend to the utmost limit of 54° 40*? Or should they hesitate, and submit the matter to judicial construction? It will fall under the decision of the United States judges, or the justices of the peace, iNisident in the territory of Oregon, t9 be ap- pointed under this bill. Think you not, Mr. Chair- man, that they will carry our jurisdiction to. the ut- most extent of 54° 40'? From position and the ap- pliances to which circumstances would expose them, such would assuredly be their determination. In- deed it is worthy of the consideration of grave ju- riets, whether they would not, in jv.dicial decision, be bound so to do; whatever may be t.'ne real title, th»iust rights, accord ins: to the law of nations, of the. uni- ted States in Oregon, its government througb ments of a nation to her subjects, must and will sustain her claims with the utmost of her power. At the first attempt, then, on the part of the execu- tive of Iowa, or this new Oregon territory, to en- Ibrce the provisions of this act, he must and will be resisted with the strong hand. The whole mili- tary force at his command, and subsequently at that of the Executive of the Union, must be invoked, under his clear obligation to extend and maintain jurisdiction over the territory declared by clear enact- ment to belong to the United States. And this, sirj will be war — nothing but war — the beginning of a dire contest, the end whereof no man can know. This bill, sir, has been regarded, in its application to the state of affairs after the termination of the convention, as ricketty and imbecile. Certainly but little foresight or sagacity has been manifested in framing provisions for the exigencies which will thea demand much wise and cautious legislation. But,. sir, it is anything else but imbecile— for mischief, it will be found all-potent. It will render hostile colli- sion of inevitable necessity, and will place at the discretion of the executive of a remote territory^ or to the petty officers to be appointed in Oregon, the issues of peace and war, with the full power of compelling the support of the whole military force of the country. Is the House prepared thus, in an- ticipation, tOr part with the dread power leposed in Congress alone, of declaring war? And if even so, are they so infatuated as to intrust it to the discretion of some distant territorial executive, or petty minister rial officer in Oregon? I cannot believe it while I retain respect for its wisdom or patriotism. In view of the operation of this bill after the ter- mination of the convention, in extending oVer the whole of Oregon to the Russian line the ezblutdve sovereignty and jurisdiction of the United States' with the certain consequence of collision and wu, I feel that I may appeal, with entire confidence, to alt such members as have thought our title limited to the 49th degree or thereabouts, or a« entertain luch i -"W ^ « till, after the eenthua «s> Chatrnaa, mseqaencM, to be en- nere subor- ita the exe* immediately >n, to extend oflsessi'on of rts or other reign soveN all tribunals ercised, and rs, who will nmentof the fe protection y Company, and ita tribes ossession of strongholds, traders, will lerted rights protect and sserted, with ading states* y, which, at :ed by such rould be dis- :red engage* ist and win her power, f the execu- itory, to en- ist and will whole mili- lently at that be invoked, ind maintain y clear enact- ^nd this, sirj °:inning of a an know. :d application lation of the >rtainly but lanifested in lich will thea lation. But,. r mischief, it hostile colii- piace at the >te territory, t in Oregon, ill pownr of lilitary force I thus, in an- r leposed in ' eren so, ar© discretion of tty miniate* ve it while I im. etfter the ter- ng over the he exblusive nited Statest and wwtyl idence, to alt le limited to tertain luch conscientious scruples about the extent of our rights as to h^Yfl been unwilling' to assert al^lute title to 54<> 40^^ to array tiMMO^elyes in firm opposition to its passage, without the amendment Mmiting it tp the clurattpn of the convention. Th«>^ cannot, with- out abandonment of their fixed opinions and ascer- tained poaitionp, give it ' their support, and they are toe wise not to see it. But is there not even a more numerous class to whom thiQ bill, without the amendment, must be repugnant? I refer to those who boast of entire con- currenee on this Oregon question with the Presi- dent, and manifest a peculiar desire to comply ex- actly with all the recommendations of his message, in all our legislation on the subject. The language and spirit of the message are clearly opposed to le- gislating now for the period after the termination of the convention, and the exigencies that may then exist. iHis recommendations are for the adoption of measures to protect our emigrants and conciliate the Indian tripes during the intermediate time before the abrogation of the convention. I will not detain the committee by reading the passages in the mes- sage which, during this debate, have been already exhibited, showing the nature of the executive rec- ommendations. They all refer to the "nuan lime" before the termination of the convention, and con- template only provisional legislation. The Presi- dent, in this respect, acting wisely and prudently, so far from recomnvending ulterior legislation, has even abstained from developing his opinions as to the measures which should, after the termination of the convention, be adopted, or to what extent, and in what degree, exclusive sovereignty and jurisdiction should then be asserted in Oregon. He has, indeed, intimated his opinion of our itle; but. in reference to the position of things after the expiration of the con- vention, he has contented himself with saying that we shedl then have "reached a period when the na- tional rights in Oregon must either be abandoned or firmly nnaintained;" and that they cannot be aban- doned without the sacrifice of national honor and in- terest. No intimation is given what specific meas- ures will tAen be necessary; and much less does he advise legislation nou> for tliat period. Should not, then, his peculiar adherents on this matter of Ore- gon abstain where he has abstained, and shrink from legislating where he has not ventured even to advise? To all, sir, it must be a consideration of no little moment that such premature legislation may most serioufciy embarrass and involve the relations of the Country m the pending negotiations. They are al ready in a situation of delicacy and embarrassment, and a further element of offence or difficulty should not be cast in by improvident legislation. From the fibrst, the notice has been strongly presented and ad vocated by its friends as a peace measure. That being stipulated for by the convention, and given in pursuance of an undoubted right, expressly reserv- ed, it could afford no just cause of offence, while it must tend to bring both countries to a settlement of their conflicting daims. We. were told, repeatedly, that by the notice there was no manifestation of hos- tile intent, or of a purpose to invade the rights of Great Britain. That we would not even be commit- ted to the assertion of oua rights over the territory •ne inch further than, according to the conscientious convictions of the majority of this House, our title should be clear and nnquestionable. In giving the notice would any, even the most infatufited 54^40' men (as theyAie herfl nyled) have dreamed of ac- companying it willt the declaration or intimation that at its ekpiration we meant to take, possession of an= ^n of her bloated aristocracy. Sir, if we are t :imated by such national Quixotry, or be betr to a crusade for the deliverance of those who uen ca not our sympa- thy and would spurn our proffered aid, let me say, that in my opinion, tney would greatly err who would resort to war for vengeance or redress. The most certain naeansfor us to overthrow English power — to avenge the past and remedy the present ills of her inflicting — is by our peaceful progress, by successful competition in commerce and manu- factures, on her superiority in which rests the main staff of her dependence. Our agriculture of course exceeds hers ; our commercial marine is fast ap- !)roximating to hers; in many branches of manu- Bcture for which our country without artificial stimulants is ripe, we are underselling her in the markets of the world. Let us but await our growth, and time and peace will, in a few years, do more to gratify such national antipathy, if it unfortunately exists, than present war could by possibility accom- plish. But, sir, what would be the probable consequences of war, should it come, in relation to this disputed country of Oregon? It has been well remarked, in a leading English journal, "What can England just- ly dread in that territory, when she has command of the seaboard and the interior — of the forts and (he Indians." Her resources there would be far greater than ours, and her facilities of access supe- nbti Between nations, at least kindred in valor and skill, these advantages would se«m decisive. Else- where, we might, and probably would, obtain in- demnities, especially in tne Canadas. But, after all, the great struggle must be on the oceans, and for nothing short of the supremacy of rhe seas. Im-*'- mense present odda must there be against us; yet ' for one, if the conflict begin, I should not despair of at least an equal result. With all our national ener- gies roused, and our immense resources fully direct- ed to naval ascendancy, the Qod of battles could alone foresee and award the ultimate issue. But against conflict so doubtful and consequences as dire as must ensue, every patriot should strive while honor will permit. Such I confidently believe to be the feeling of the enlightened constituency I have the honor to represent on this floor. Pre- pared as one man to breast the shock of arms when necessary, they are too sagacious not to perceive that in the ways of peace, their true honor and inter- ests lie, and too conscious of real valor to dread the idle imputation of timidity in adopting the counsels of prudence and wisdom. In their name, humble as I am, I protest against and denounce the folly and the madness which, by such improvident legis- lation as this bill proposes, would expose them and the country to the hazards and sacrifices of a need- war, less To the grave objections which have been urged to this bill without the restriction of the proposed amendment, one answer, having sufficient plausi- bility to require notice, has been given. It is, that the English legislation applicable to this Oregon ter- ritory is coextensive with the proposed opera- tion of this bill; and that in adopting it we but fol- low the precedent and example of Great Britain, who will consequently be precluded from complaint. Now, Mr. Chairman, I am not disposed to cavil about technicalities, or quibble on the precise construction to be given to some of the clauses of the English act of 1821. 1 am inclined to admit that the general phraseology of that act may be justly susceptible of the construction contended for. But it must be remembered when that act was passed, and with what assurances it was followed. The enactment was as far back as 1821, after the adoption of the convention of 1818, and when it was to endure for years; and it has been subsequently continued under the renewed convention of 1827, which was indefinite in its duration. After its pas- sage too, as is well known, on the application of our government, who apprehended its provisions might be inconsistent witn the convention, satisfac- tory assurances were given by the government of Great Britain that its provisions were not intended, and should not be construed, to extend to citizens of the United States, or invade the rights secured by Ijhe convention. Practically and substantially, then, this English enactment was passed with reference only to the continuance of the convention, and to operate under and in strict subserviency to its pro- visions. For more than twenty-five years during which it has been in existence, such has been its actual operation, and not a complaint has been made or heard that it has ever been extended beyond Brit- ish subjects, or made to apply to citizens ef thft United States. [Here Mr. Jacob Thompson, of Mississippi, in- terrupted Mr. Seddon with the remark: "But in the English act, what savings in favor of American citi- zens exist? Are there any oUters than the simple right to hunt?"] I have stated, sir, (resumed Mr. Seddom,) my in- ^ip isive. Elae- 1, obtain in* 9ut, after all, sans, and for s seas. Im-" ainst us; yet ot despair of ational ener- fully direct- )attles could issue. But ences as dire strive while f believe to nstituency I floor. Prc- ' arms when to perceive or and inter- to dread the the counsels ime, humble ice the folly vident legis- se them and i of a need- been urged lie proposed ;ient plausi- It is, that Oregon ter- >sed operar we but fol- reat Britain, n complaint. 9ed to cavil the precise B clauses of ed to admit ict may be [) tended for. at act waa as followed. 1, after the nd when it ibsequently n of 1827, fler its pas- ilication of provisions I, satisftic- ernment of >t intended, citizens of secured by tially, then, reference ton, and to to its pro- sars during as been its been made ;yond Brit- ;en8 of th* iissippi, in- M,) my in- I clinatioD, with^ entire candor, toadmit that the gen- eral words of the English jitatute may admit ofia construction' which would be less favorable to our ', MtizeQ«.'thao under the convention the^ would have been entitled to expect. But to the existing conven- tioia in view of which the act was passed, to the full assurances given in explanation ol it, and to its practical operation for so long a time, I refer with confidence, to demonstrate the real character of that law, annd to show that it was personal to British 'fsubjects and their possessions — not injurious to our ijcitizens. [Here Mr. McDowell, of Virginia, who was sitting by, handed to Mr. Seddon a book containing the English act, and desired him to read to the com- mittee in this connexion, and in answer to the remark of the gentleman frem Mississippi, the i'clause in that act in which the jurisdiction of 'the courts of Canada is extended to the Indian coun- *try, but 80 as not to apply to any port under the civil government of the United States, &c.*] Mr. Seddon proceeded. My honorable colleague, whose opinions are entitled to the highest deference, has obligingly handed me the English act, and de- sired me to read one of its sections. Feelin