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SPEECH 
 
 OF 
 
 HON. J. S. PHELPS, OF MISSOURI, 
 
 ON 
 
 THE BILL TO PROTECT THE RIGHTS OP 
 
 AMERICAN SETTLERS IN OREGON. 
 
 DELIVERED 
 
 IN THE HOUSE OF REPRESENTATIVES, THURSDAY, APRIL 16, 1846. 
 
 WASHINGTON: 
 
 PRINTED AT THE OFFICE OF BLAIR AND RIVES. 
 
 1846. 
 

 1 
 
 I 
 
 f 
 
 TheHous 
 the state 
 rights o 
 Oregon, 
 pation 
 
 i Mr. PH 
 Mr. Ch^ 
 ures recom 
 Message, 1 
 of our rig] 
 tection of ( 
 courageme 
 resenting, t 
 those Stat( 
 number of 
 tion of pop 
 must natur 
 licitude in 
 and interesi 
 In discusi 
 passed this ] 
 tion in anotl 
 
 fentlemen i 
 lessings of 
 which this c 
 nance, and 
 and evils of: 
 lution of not 
 to disturb t 
 ments, I gai 
 vention itsel 
 tlemen who 
 ure,mustdo 
 two Govern 
 ded in advar 
 it to be presi 
 its rights in 
 tion of it is 
 Such a presu 
 fiw a momer 
 
AMERICAN SETTLERS IN OREGON. 
 
 I 
 
 The House being in Committee of the Whole on 
 the state of the Union, on the Bill to protect the 
 rights of American Settlers in the territory of 
 Oregon, until the termination of the joint occu- 
 pation of the same — 
 
 Mr. PHELPS rose and said: 
 
 Mr. Chairman: This is one of a series of meas- 
 ures recommended by the Executive in his Annual 
 Message, having for their object the maintenance 
 of our rights in the territory of Oregon, the pro- 
 tection of our emigrants settled there, and the en- 
 couragement of emigration to that country. Rep- 
 resenting, as I have the honor in part to ao, one of 
 those States which have furnished the greatest 
 number of emigrants, and representing also a por- 
 tion of population designing to emigrate there, it 
 must naturally be supposed that I feel a deep so- 
 licitude in everything that pertains to the rights 
 and interests of our people in that country. 
 
 In discussing the joint resolutions of notice which 
 passed this House, and which now await the final ac- 
 tion in another branch of Congress, there were some 
 gentlemen who were disposed to descant upon the 
 plessings of peace, to dwell upon the happy results 
 which this country has reali2ed from its long contin- 
 uance, and to depict, in glowing colors, the horrors 
 and evils of war. For my own part, viewing the reso- 
 lution of notice as a peace measure, and not designed 
 to disturb the relations between the two Govern- 
 ments, I gave it my hearty concurrence. The con- 
 vention itself stipulated for that very notice ; and gen- 
 tlemen who are disposed to regard it as a war meas- 
 ure, must do so upon the strange assumption that the 
 two Governments had themselves, in 1827, provi- 
 ded in advance for a certain resort to hostilities. Is 
 it to be presumed that either nation would abandon 
 its rights in the territory, or that this joint occupa- 
 tion of it is to endure through all time to come ? 
 Such a presumption could not have been entertained 
 for a moment. 
 
 But it has been said that the convention of 1818, 
 indefinitely continued in 1827, was adopted as a 
 substitute for war; that we were unable to obtain 
 from Great Britain a recognition of our rights to 
 this territory, by which we should now have en- 
 joyed exclusive possession of it, and that, there- 
 fore, as a matter of necessity, we resorted to this 
 joint convention. In the debates which have taken 
 place, on the resolution of notice, our title to the 
 territory of Oregon has been fully argued. It is to 
 be remarked that four nations have heretofore 
 claimed rights in this territory: Russia, the United 
 States, Great Britain , and Spain. So far as the title 
 is concerned, it is immaterial whether the province 
 of Louisiana, ceded by France, extended to the 
 western ocean, or whether its western boundary 
 was the Rocky Mountains; for whatever rights 
 France had, we claim by the treaty of 1803. Let 
 us, then, examine for a few moments the title which 
 these several nations had to this territory. 
 
 Russia, by exploration and discovery on the 
 northwest coast, had rights recognised by all sover- 
 eign nations; but the extent and limits of her ter- 
 ritory were defined under the convention of 1824, 
 by which it was stipulated on the part of the Uni- 
 ted States that we would make no settlements north 
 of the parallel of 54° 40', nor she, south of that 
 parallel. Spain, however, based her title not only 
 on the ground of discoveries by early navigators, 
 but of explorations and settlements. We claim 
 that, under the treaty of Florida, all the rights 
 which Spain had on the northwest coast, north of 
 latitude 42, were ceded to the United States. 
 
 But it has been said that the Nootka Sound con- 
 vention guarantied to Great Britain certain rights 
 up on he northwest coast, and tha all these rights 
 wore revived by her treaty of 1815 with Spain. 
 The fifth article of the Nootka Sound convention 
 is in the following words: 
 
 '■'Art. 5. As well in the places whicli are to lie restored 
 to the Khtiah subjects by virtue of the first article, as in all 
 
DtlK r parrs of tlm nnrtliwcsfpm fori.«ta of Nortli Amcrion, or 
 ol the isliitiils adjaci'iif, sitiiafi! to tln' vorlh of Ilio parts of 
 till' adjaci'iil roa.-lH already cicciiplrd l)y >5|iaiii, win rrvcr 
 llic siiiijti'ts of cither (I.' tliu two I'liwern shall have iiiadi,' 
 setllein 'niH since the iiKnitli of April, ITH!>, or ^ihall hereaf 
 ter make any, the idijects of eitlier shall Imve free access, 
 and shall carry on their trade without any disturhance or 
 nKdcstatioM." 
 
 Mr. P. continued. The previous articles of tlic 
 tr'nty provided fi)r repiiratioii for act.s of violence 
 romniitted by the subjects of Spain on those of 
 Great Britain, or rather those who claimed to be 
 the subjects of Great Britain, who were there on 
 trading expeditions, not under the flag of Great 
 Britain, but under tlie flag of Portugal, The 
 article I have read) then, jirovidcs that no set- 
 tlements sliall be made by Great Britain, exccijt 
 to the north of those places already occupied by 
 Spain. What part of the coast was then occu]3ied 
 by Spain? There was a settlement ut Nootka 
 Sound, in the latitude of 49^°, whi(ih was in the 
 occupation of the Spanish Government. Great 
 Britain, therefore, by the terms of that convention, 
 claimed no rights south of Nootka Sound. But 
 the cpicstion arises, were any rights obtained under 
 that treaty? I say, that, by the declaration of war 
 by Spain against Great Britain, in the year ]79C, 
 the treaty of Nootka Sound was abrogated and 
 annulled. It if: a general principle of the law of 
 nations, that var annuls and abrogates all treaties 
 between the belligerent Powers, although some 
 distinguished diplomatists have contended that 
 there are exceptions. Lord Bathurst, however, in 
 the year 1815, thus expresses his own opinion on 
 that point: 
 
 " It has been urged, indeed, on the part of tlie United 
 States, that tlie treaty of 1783 was of a peculiar nature, and 
 that, because it contained a recot^nition of American inde- 
 pendence, it could not bo abrogated by a sulisequeiLt war 
 between the parties. To a imsition of this novel nature, 
 Great Britain cannot accede. She knows of jio exception to 
 the rule, that all treaties arc put an eiul to hy a subse(iucnt war 
 between the same parties; she cannot, therefore, consent to 
 {rive to her diplotnatic relations with one State a difl'erent 
 degree of permanency from that on wliich her connexion 
 w'th all otlicr States depends." 
 
 Mr. P. continued: If, then, no settlements were 
 made by the British Government, or her subjects, 
 on the northwest coast, prior to the declaration of 
 war by Spain in 1796, Great Britain obtained no 
 rights by virtue of the treaty. She had no settle- 
 ments, and could therefore claim nothing by settle- 
 ment or occupation, although the treaty provided 
 that settlements might be made by her subjects 
 northward of those parts of the coast already oc- 
 (^upied by the subjects of Spain. Whatever rights 
 she had under the Nootka Sound convention ex- 
 pired by the war of 1796, and have not been re- 
 vived; and although certain commercial treaties 
 were revived in 1815, yet they never extended to 
 her colonies in North America. 
 
 But again: It becomes necessary to examine 
 what are the claims of the respective parties to 
 this territory. Whilst we,on the part of the United 
 States, have constantly ixsserted our title. Great 
 Britain lias never claimed any exclusive privileges. 
 Her commissioners, in 1826, Messrs. Huskisson 
 and Addington, asserted that Great Britain claim- 
 ed no exclusive rights over any portion of the 
 territory. They said : 
 
 '•Great Britain claims no exclusive sovereignty over any 
 
 portion of that territory. Her present elniin, not in respect 
 to any part, lint to (he whole, is limited to a riuht of joint 
 nceup;iney in coinnion with oilier States, leaving the right 
 of exelu^ivc^ doniini<iii in abeyance." 
 
 Mr. P. continued: Thus it will be seen that, in 
 18:J(i, no exclusive |)rivilcgc.s wore claimed by Great 
 Britain. The country was free to the settlement 
 and occupation of all nations; whilst, on the part 
 of the United States, aur title has been asserted by 
 virtue of the discovery of the mouth of the Colum- 
 bia, by Gray, in 1790; and, also, by the explora- 
 tion of that country by Lewis and Clarke in 1805 
 and 1806; and by the settlement made at Astoria 
 in 1810. By virtue of these several discoveries, 
 cxjilorations, and settlements, and by virtue of the 
 treaty of 1819, by which Spain ceded to us all the 
 country north of the 42d parallel, and extending to 
 the Pacific, we claim this territory. Ujjon this basis 
 our title to it stands. Great Britain is precluded, 
 is estopped, by the Nootka Sound convention, if 
 that is to be considered in force, from claiming any 
 right to the territory south of Nootka Sound; if 
 that convention was abrogated in 1796, she had 
 made no settlement prior to the settlement of As- 
 toria. That settlement, it is well known, was cap- 
 tured by her, and restored to us under the treaty 
 of Ghent. 
 
 But the convention of 1818, between the United 
 States and Great Britain, recognises the rights of 
 other nations on that coast. The third article pro- 
 vides: 
 
 " It is agreed that any country that may he claimed by 
 either party on the northwest coast of America, westward of 
 the Stony Mountains, shall, together with its harbors, bays, 
 and creeks, and tlie iiaviitafion of all rivers within the same, 
 be free and open for the term of ten years from ilie dale of 
 the signature of the present convention to the vessels, citi- 
 zens and subjects of the two Powers — it being well under- 
 stood that this Mtreenicnt is not to be construed to the prc.;u- 
 dice of any claim which either of the two high contracting 
 parties may have to any part of the said country, nur shall 
 it be taken to affect the claims of any other Power or State to 
 any part of the snid country; the only object of the high con- 
 tracting parti 'B in that respect, being to prevent disputes and 
 ditferences among themselves." 
 
 Now, (continued Mr. P.,) why was this clause 
 of the article inserted — " that the convention should 
 not be taken to affect the claims of any other Power 
 or State to any part of the said country" — unles.s 
 there were other nations who had claims that were 
 respected and regarded by the contracting parties ? 
 Therefore we say that the claims of Spain were 
 recognised by the convention; and all those rights 
 which Spain had at its date were ceded to us by 
 the treaty of Florida. And the convention of 1827, 
 which revives that of 1818, contains no stipulation 
 by which the claims of other nations were recog- 
 nised; thus clearly demonstrating that in 1827 the 
 claims of all other nations to that coast were extin- 
 guished, and that it was held either by the United 
 States or Great Britain. 
 
 It is said that this bill, taken in connexion with 
 the resolution of notice for the termination of the 
 convention, (and which, it is supposed, will finally 
 receive the sanction of both Houses,) will be regard- 
 ed as a war measure; and it is argued in some quar- 
 ters, that although there may be an attempt to dis- 
 pute it, yet that such is the object, and such the 
 feeling' of those who advocate its passage. The 
 President recommended that the laws of the United 
 States should be extended over our citizens in the 
 
 ments. 
 
, not in rrspnrt 
 a nulit orjiiiiit 
 u\iiig till! right 
 
 seen that, in 
 ncd l)y Great 
 ic setllcirieiit 
 , oil tlie part 
 11 asHcrted liy 
 f tlio Cohiiii- 
 thc explora- 
 
 :!larke in 1805 
 e at Astoria 
 discoveries, 
 
 J virtue of the 
 
 to us all the 
 
 extending to 
 
 11)11 this basis 
 
 is precluded, 
 
 convention, if 
 claiming any 
 
 tka Sound; if 
 'JG, she had 
 
 enient of As- 
 
 :)wn, was cap- 
 
 ider the treaty 
 
 leii the United 
 s the rights of 
 ird article pro- 
 
 ly be claimed liy 
 •icii, westward ot 
 its liaibors, bajs, 
 within the same, 
 from tlie date of 
 tliu vessels, citi- 
 cing well under- 
 rued to the prejii- 
 » high contractini; 
 country, tutr shall 
 Power or State to 
 : of the high con- 
 vent disputen and 
 
 ras this clause 
 vention should 
 ly other Power 
 intry" — unless 
 aims that were 
 acting parties ? 
 of Spain were 
 ill those rights 
 leded to us by 
 ention of 1827, 
 
 no stipulation 
 ns were recog- 
 lat in 1827 the 
 ast werecxtin- 
 
 by the United 
 
 onnexion with 
 lination of the 
 ed, will finally 
 will be regard- 
 l in some quar- 
 attempt to dis- 
 , and such the 
 massage. The 
 3 of the United 
 citizens in the 
 
 Oregon territory. They liavc themselves, by tlieir 
 petitions here, called upon us to jirotect them; to ' 
 extend our laws over them, for the protection of 
 their property and their persons. Shall we turn a 
 deaf ear to them? Shall we disregard their peti- 
 tions, when it is no less our right, under the treaty 
 of joint occupation, than it is our duty, to protect 
 them? I assert that this bill, which proposes only 
 to extend our laws over our citizens residing in that 
 territory, does not go the length to which t!ie act 
 of the British Pu'-'ia. lent, pas.sed in 1821, extending 
 her jurisdiction over that country, has gone. There 
 is no exception or reservation, as to persons, in the 
 extent of the jurisdiction to be exercised by the 
 courts of Canada. The sixth section of the act 
 provides that the laws of Canada shall be extended 
 over the Indian territory which is not embraced 
 within either of the Provinces of Upper or Lower 
 Canada, or within any civil Government of the 
 United Slates. There is no exception as to Amer- 
 ican citizens; and although at the time the act was 
 passed there were but few American citizens resi- 
 ding there, and although, so far as my knowledge 
 extends, no American citizen has been arrested 
 under British laws, yet the power existed, and still 
 exists, and it may have been, or may hereafter be, 
 carried into efi'ect, unless the conflicting claims 
 of the two Governments are S|)ecdily settled. The 
 people who have left the United States for that dis- 
 tant region are devotedly attached to the jirinciples 
 of this Government, and they ask the protection of 
 its laws. They have found themstlves under the 
 necessity of organizing a provisional government; 
 of enacting laws to protect tlieir rights in the settle- 
 ments, to provide for the punislunent of offences, 
 and to regulate intercourse with the Indian tribes 
 that surround them. This bill proposes that the 
 laws of Iowa, so far as they are applicable, shall 
 be extended to our territories west of the Rocky 
 Mountains. Are not gentlemen willing to extend 
 the protection of the laws of this Government over 
 citizens who acknowledge allegiance to it, but com- 
 plain that they are without the means of adequate 
 protection? When the convention for the joint 
 occiination of this territory shall have terminated, 
 it will become necessary for us to assert our exclu- 
 sive rights there, unless the question of title shall 
 previously have been settled by negotiation. I am 
 unwilling to do anything which shall disturb or in- 
 terfere in any manner with the negotiations on this 
 question, or which shall prevent the Executive and 
 his advisers from pursuing sucli a course as may 
 seem proper. Entertaining the opinion, however, 
 that our title is good, and that we are entitled to the 
 whole of Oregon, up to the Russian line, I am un- 
 willing that any portion of it shall be conceded to 
 Great Britain. 1 believe that such a step would 
 be an abandonment of our rights; and I shall be 
 ]M-epared, whenever the convention of joint occupa- 
 tion shall have terminated, to assert the right of the 
 United States to the whole territory. 
 
 But the gentleman from Kentucky, [Mr. Mc- 
 Henuv,] the other day, in addressing the commit- 
 tee on an amendment which he proposed, limiting 
 the operation of the bill to the south of the 40th 
 parallel, said he believed that the title of the United 
 States to the valley of the Columbia river, and to 
 the country drained by its tributaries, was good: 
 
 yet he was not willing that the laws should be ex- 
 ti.'iuled over the country to the extent to which ho 
 believes our title to be valid — that is, from the head 
 waters of the Columbia, in latitude 52''-' and .'ilP. 
 ITis ainendmeiit was rejected. The i:;entleman 
 from South Carolina [Mr. Hoi.mks] argued that 
 every provision of this bill was in violation of tho 
 treaty of joint orrupation; and that even the ap- 
 pointment of Indian agents and the sub-ogenta 
 necessary to preserve peaceful relations with the 
 tribes in that territory, and to regulate intercourso 
 with them, was a violation of that treaty. Now, 
 if this is a violation of it, already has it been vio- 
 laleii on th.' jiart of the United States; for some 
 two or three years ago, an agent was appointed for 
 the Indian trilies west of the Rocky Mountains, 
 who has been residing in that territory, and direct- 
 ing his efforts to the preservation of peace. 
 
 Again: It is said tiiat the establishment of mili- 
 tary posts beyond the Rocky Mountains is a vio- 
 lation of the convention. How can that be, sir, 
 when the convention itself declares that the claims 
 of either of the contracting panics shall not be af- 
 fected by its jirovisions, mid when it is recollected, 
 as I have shown, that the post of Astoria, which 
 was captured by the British, was restored to us by 
 the treaty of Ghent, thereby recognising our title 
 to the exclusive possession of that post; and when 
 it is also recollected that two successive Presidents 
 of the United States recommended the establish- 
 ment of such posts nt the mouth of tlie Columbia? 
 It seems to me that it is rather too late now to ad- 
 vance the argument of the violation of the treaty. 
 
 It is also said that we have no right to make 
 grants of land to our citizens residing in that terri- 
 tory. This bill does not provide for grants of 
 land. It merely pledges the faith of the nation 
 that provision sliall hereafter be made that lands 
 shall be granted to those persons who should settle 
 and reside there for five consecutive years from its 
 date. The grant, therefore, is not completed until 
 five years shall have elapsed from the passage of 
 the act; and I look upon the third and fourth &ec- 
 tions as merely holding out inducements to our 
 citizens to continue their residence there, and to 
 show them that if they feel disposed to emigrate, 
 the Government will hereafter provide grants of 
 land for them and their families. A similar pro- 
 vision was cont;iined in a bill introduced into the 
 Senate of the United States in the year 1841. That 
 bill attested that our title to the territory west of 
 the Stony Mountains was good, and would be as- 
 serted and maintained; and that grants of land 
 would be made to those who should settle there; 
 thus encouraging and stimulating emigration. Af- 
 ter that question was agitated in the Senate, a 
 strons: disposition to emigrate was manifested in 
 the West, and, in the very next spring, a party of 
 emigrants left the State of Ohio, and settled in the 
 AVillamettc valley. This disposition has grown 
 tVoin year to year, under the inducements we have 
 held out, until last year, when more than three 
 thousand emigrants left the western States, and 
 made their homes on the Columbia river. They 
 were induced to do this by the belief that the Gov- 
 ernment would make them donations of land; that 
 itvvould extend the jurisdiction of its laws over 
 them: that it v.'ould protect them on their route by 
 
 O;.; 
 
 >i » W. 
 
6 
 
 t ( 
 
 the estahlisliment of military posts, and from the 
 incursions and attacks of the Indians; and that the 
 necessary mail facilities would be provided for 
 them. And such is the proper course to be adopt- 
 ed, if we desire finally to secure to ourselves tnc 
 possession of this whole territory. I would much 
 prefer to sec our emigrants goinj^ there under the 
 influence of that ' ' masterly inactivity ' ' of which we 
 have heard so much, (in other words, nothing done,) 
 rather than that any portion of the territory should 
 be given up or abandoned. But if our Govern- 
 ment does not act speedily, n collision may take 
 place between our citizens and the employees and 
 agents of the Hudson 'j Bay Company, which may 
 finally result in hostilities between the two Gov- 
 ernments. Fearing that this might be the result, I 
 was desirous to see all the measures recommended 
 by the President carried out, not only in the letter, 
 but the spirit. And I must say that the amend- 
 ment which has been proposed, limiting the opera- 
 tion of the bill to the time at which the joint con- 
 vention shall expire, is merely carrying out those 
 recommendations in the letter, and not in the spirit. 
 How long would this act remain in force under 
 such a limitation ? It will be recollected by gen- 
 tlemen, that when Dr. White returned last year 
 from the valley of the Willamette to the State of 
 Maine, he accomplished the journey in the unpre- 
 cedented short space of ninety days. Before a 
 judge of the district court, or a justice of the peace, 
 or an executive officer, could reach that territory, 
 or if now residing there, before their commissions 
 could reach them, some four or five months would 
 elapse; two or three more would expire before the 
 officers could be properly qualified to execute the 
 laws, and before tnose laws could be enforced; and 
 tliat in point of fhct the act would, for all practical 
 purposes, remain in force four, five, or six months 
 only. 
 
 But gentlemen say that this question ought to 
 be settled by negotiation. Do they expect the 
 controversy can be setfbd 'iy such means, when 
 we have been negotiatii ve-and-twenty years 
 
 in relation to this tern and have come no 
 
 nearer to a settlement than we were the day we 
 
 commenced ? Is it expected that Great Britain wi! 
 recede from the pretensions she has so long set up 
 Can the Govemment of ihe United States do so 
 Can it be expected that the President, even if li 
 felt disposed to do so, could, in the present state o 
 the negotiation, renew the offer so summarily reject 
 ed by Mr. Pakenham ? Or can it be expected that th. 
 Government of Great Britain will make an offer o 
 terms, which they have themselves contcmptuousl) 
 rejected ? I confess, that I can sec no prospect o 
 the adjustment of the controversy by negotiation 
 therefore, 1 believe that the convention for tlu 
 joint occupation of the territory should terminate, 
 and that the protection of our laws should be ex- , 
 tended over our citizens. We shall then, on the ! 
 termination of the convention, be prepared to assert j 
 our rights to the whole country; ana if this course | 
 of policy shall be pursued, I believe that, as Great , 
 Britain merely desires the occupation of the terri- 
 tory for a short time, for the benefit of the fur 
 trade, and not with any view to extend her coloni- 
 zation, we shall be able, at the termination of the 
 convention, to exercise exclusive jurisdiction. 
 
 It has been said, that public sentiment ia rapidly 
 changing on this question, and that it is settling 
 down on the 49th parallel, as the basis of adjust- 
 ment, I cannot so read public opinion. I cannot 
 discover that any portion of the American people 
 is receding from the position which has been taken. 
 So far as the State which I have the honor in part 
 to represent is concerned, judging from the tone of 
 the public meetings, held not oy one, but by both 
 parties, I can say, that the people have passed 
 resolutions asserting our title to the whole of Ore- 
 gon, and expressing the desire that there should 
 be no abandonment of our rights, but that tlie 
 Government should firmly maintain them. I re- 
 peat, therefore, that I can see no evidence of this 
 alleged change of public sentiment in favor of a 
 compromise on the 49th parallel. On the contrary, 
 if there has been any ciiange at all, it has been 
 towards a more decided resolution that our rights 
 to the whole territory should be asserted and main- 
 tained. 
 
1 
 
 Jrc at Britain wi 
 a so long setup 
 ted States do so 
 ident, even if h 
 e present state o 
 lummarily reject 
 expected that th. 
 make an offer o 
 
 contemptuousl) 
 !e no prospect o 
 
 by negotiation 
 ivcntion for tlu 
 hould terminate, 
 VB should be ex- 
 all then, on thi 
 repared to assert 
 ina if this course 
 ^e that, as Great 
 tion of tlie terri- 
 enefit of the fut 
 :tend her coloni- 
 rmination of the 
 jurisdiction, 
 timent is rapidly 
 at it is settling 
 
 basis of adjust- 
 inion. I cannot 
 Vmerican people 
 
 has been taken. 
 he honor in part 
 from the tone of 
 lie, but by both 
 ile have passed 
 e whole of Ore- 
 lat there should 
 s, but that tlie 
 lin them. I re- 
 3vidence of this 
 t in favor of a 
 )n the contrary, 
 all, it has been 
 
 that our rights 
 erted and main-