The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 370
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570
CONGRESSIONAL GLOBE.
ions that this question with Great Britain should be
settled in peace; and no senator on this floor was
more anxious for such a consummation than he was.
But he was firmly and solemnly convinced that the
mode pointed out by his friend on his side of the
Senate, of accomplishing the object, utterly failed.
"We were sending numerous emegrants across the
Rocky mountains every year, who weie there un-
der no control but that of their own passions. Law
and government must be sent with them; or under
the establishment of the government of England,
called the Hudson Bay company, which existed
there, they would probably be forced into a colli-
sion; and such a collision would indeed be fatal for
the peace of both countries.
This question ought to be considered by senators
as practical statesmen; and his sole wish on the pres-
ent occasion was, that they should pursue such a
course as would maintain our title to the territory,
and yet preserve the pea.ce of the world. He should
not say much upon the form of the lesolution offered
by the senator from Illinois, [Mr. Semple.] If it
were not correct, it could easily be amended. He
scarcely thought, however, without going into the
question of executive power, that any President of
the United States could be authorized to give that
notice without the sanction of Congress. A treaty
was the supreme law of the land. This treaty had
existed for a quarter of a century. It could only
have been ratified by a majority of two-thirds
of the Senate; and it could hardly be expected
that the President of the United States, upon
his own authority, would abrogate and annul
this treaty, without the advice and consent of
that body. Without, therefore, embarrassing this
question—without any technical objections to the
form of the resolution—he should proceed to discuss
this subject. What was the question? On the 20th
of October, 1818, a convention was framed between
the United States and Great Britain, by which the
Territory of Oregon was opened to the citizens and
subjects of both nations for the term of ten years—
its bays, creeks, harbors, navigable rivers, &c., in-
clusive. But this joint occupation was not to affect
the title or claim of either government to that Terri-
tory.
In August, 1827, this convention was renewed,
extending the provisions of the third article indefi-
nitely, and enabling either party, on a notice of
twelve months, to abrogate or annul this conven-
tion. The question now"was, Shall the Senate ad-
vise the President of the United States to abrogate
and annul this convention? If it were annulled, each
party would be restored to its original rights; and
what were they? Mexico had an undisputed claim,
and was in undisputed possession of the country up
to the latitude of 42° N. By a treaty between Russia
and the United States, and afterwards between Rus-
sia and England, the dominions of Russia were lim-
ited to 54° 40' of north latitude. So that the terri-
tory in dispute between the two nations (England
and the United States) embrieed the whole llortli-
■tt'cst coast of America from 42° to 54° 40' noitli,
extending east to the summit of the Rocky moun-
tains. Now, to the whole of this territory—to ev-
ery foot of it, from the latitude of 43° north to the
latitude of 54° 40'—he behemt most firmly we had
n clear and cumlusiwi title. Under the public law
of Christendom, which had existed e\ei since the
fStaHic-hnient of the continent of America, he
thought if could be demonstrated that we had this
clear and conclusive title. He lum-elf intended, on
ft future occasion, when the bill shook! come before
the Senate for establishing a territorial sovernnient,
if no one eh-e rose, to establish such a claim as no
power on ear.h could gainsay. But the question
of title was not now brought ^forward; and
it was not his purpose to go into it. if it hod hern
fits purpose, the senator from Illinois, [Mr. Brlkaf.,]
who had made Ins fust appearance here in a most
able and distinguished speeeli, would lie\e suoei^e-
ded what he (Mr. B.) had to say. Time w,is a
distinguished fellow-townsman of his on n—a 1 'r:;b-
delphian—who had placed this question m a cle.ir
and conclusive light; and, ns far as he had examine!
it, the work of Sir. Greenhow had entire!} super-
seded ail that could be said on the subject."
Then, coming directly to the question or inquiry.
Ought we to give this notua > He (Mr. B.) contend-
ed that if we wished to make a treaty with England
at all—if we wished to settle the question—if was
indisputable necessary that we should give this no-
tice. And why? On the plainest principles of com-
mon sense, and on the policy that governed nations.
1 he stutus in quo was too popular in England to per-
mit the English government to give the no-
tice at the present moment. She had now,
and had had for a quarter of a century the
exclusive possession of this entire territory be-
longing to us, for every purpose for which she de-
sired to possess it. It was even a matter of boast
that the Hudson Bay company had expelled the
Americans from the territory; and we heard, from
the most authentic sources, that they had murdered
between four and five hundred of our fellow-citizens,
either themselves, or through the agency of their
influence with the Indians. We had gone there for
the purpose of interfering with their hunting and
trapping ! ' Under the existing treaty, they had all
that they desired. They had exclusive possession
of this vast country. They had the fur trade,
(which was part of their wealth,) and a means of
enlarging and extending the trade of the mother
country; and why should they wish to change their
position.- Why should they desire even to divide
this territory, at present, with the United States? It
would only make their position worse, instead of
better. If we should, indeed, consent to yield to
the enormous demand she had made to bring our
title down to the mouth of the Columbia river, they
would have all. Their policy was to keep all, as
long as furs were valuable in that country.
Knowing the policy which had always actuated
the British government, and all other governments,
he should not be astonished at all, if we could go to
the cabinet of Packenham—for whom, by-the-by,
he entertained a high personal respect, so far as he
was acquainted with him—that we would find his
instructions to be, Delay this qnestion as long as
you can—the longer you delay the settlement of it,
the b&tter for us. Whe have thehwnting and entire
trade of the whole territory, and if the question of
title can be kept back twenty yeais, or indefinitely,
so much the better.
That was everything they desired—everything
they wanted; and, his '(Mr. "B.'s) life for it, there
vyould be no treaty if fhe Senate of the United States
should vote to lay this resolution on the table, as he
had no doubt they would do. He was as firmly
com meed of this as that he had the honor now to
address this enlightened assembly. Let the resolu-
tion be laid upon the table, accompanied by the able
speeches on tlie other side of the House, of the sena-
tor from Massachusetts, [Mr. Choa'ie,] in particu-
lar, who did not want to disturb this convention for
twenty years, and the speech of the senator from
New .1 ersey, [Mr. Mili.f.p.,] against insisting upon
oui claim at all—let there be such a vote as that, and
whatever might be the instructions of Mr. Packen-
ham, we should have no treaty. The English
would be very glad to enjoy r>ll these benefits and
advantages lor twenty years longer. But, if the no-
tice be given, Great Britain would begin to consider
the subject seriously. "We owed it to our own per-
sonal respect, not to make any threats; and we
knew, from the history of Great Britain, that threats
would not have the slightest efiVet upon her. We
owed it to ourselves to make the question a se-
rious one—to show a determined spirit. It should
be settled peaceably. It had been long pend-
ing; and whenever Great Britain discerned that
we were in earnest about it—that we were de-
termined to urge our right, not in an uncourteous
maimer—then, and not till then, would we receive
that respci t fiom her calculated to preserve peace
and harmony Ii was not by subserviency it was
not by abandoning our lights—it was not by suffer-
ing Jicr to lemain m undisputed possession of the
tem'ory for a quarter of a century longer—that we
should e\er conciliate her, or thai, we should ever
obtain justice. Before giving tins notice, we had a
full year to settle the question. He (Mr. B.) did
not I" SOW liial it would be settled in a year, but un-
til the notice wes gi\en, from the principle which
actuated mankind io all nations, he ventured to say
that we had no chance of failure. If, upon the'ar-
rival of a British monster (who, by the bye, was
no speciel monster, as was at first reported, but a
resident monster plmipotenliai y) on a mission
like th?,t of Lout Asiiburtou—if
mere urrual, we at once arrested
pon Ins
our wholt
course of proceeding, what wes it but saying that
w" wanted to do nothing at all, because a minister
had arrived.- It w;)s certainly treating the British
government with profound deference, to proclaim m
our speeches' heie that we did not want the territory
tor twenty years to come. So much on that point.
His second proposition was this: that to arrest all
legislative action now, under the existing circum-
stances, V, ould evince a tame and subservient sr
spirit
towards Great Britain; and be, perhaps, the meansof
granting her all she desired. England, in her for-
eign policy, had never failed to make one concession
the foundation for demanding another. She could
never be appeased by concessions. A firm and de-
termined, butatthe same time a respectful spirit, was
the spirit which ought to actuate us in all our inter-
course with England; which was, undoubtedly, the
most powerful government on the face of the earth.
The senator from Massachusetts [Mr. Choath]
said the controversy upon this subject had rested for
a quarter of a century, and why should we not let it
rest for twenty years longer? Was this so? Wan
not the senator entirely mistaken, in the assertion
that the question had slept so long? So far from
this being the case, from the time when Lewis and
Clarke crossed the mountains in 1805, until the pres-
ent day, we had been always agitating this question.
He (Mr. B.) had requested the Secretary of the
Senate to hunt out for him among the public doc-
uments, all that had been written—all that had been
published on the subject. He wished he had
counted the number of volumes which the Secreta-
ry succeeded in finding. He was sure there were
thirty at least.
Prom that day until this, we had always been agi-
tating the question. It had not slept. The Ameri-
can people had never suffered it to sleep; but we
had agitated it in vain. We had spent our twenty-
five years in vain; and from the present prospect
he feared we might spend another quarter
of a century, without accomplishing anything. We
were in possession of this territory before the war;
but in a fatal moment, we agreed to this joint occu-
pation treaty, (in 1818;) and before taking his seat,
he would show how the British government acted in
regard to this treaty, and what construction they
put upon it. From the days of Governor Floyd—
who had been sleeping with his forefathers for many
years,;and who introduced the subject to the notice
of the other House—until this day, the question had
always been in sgitation. And yet what was the
argument of the senator from Massachusetts, [Mr.
CnoATEr] To keep quiet—to enjoy a little more
sleep, and a little more slumber, whilst Great Brit-
ain, with gigantic, strides, was taking possession of
that country, which she would do, unless we, with
determined spirit, asserted our rights.
But if we had slept for twenty-five years, was
that any reason why we should sleep any longer?
If we had not asserted our claim, was that any rea-
son why we should not?
The useful and honorable life of the sen-
ator [Dr. Linn] who had sat so many years
near him, (Mr. B.) was spent for the. last five years
in asserting our claims to this title. He [Dr. Linn]
thought the propitious moment had arrived, when
Lord Ashburton reached this country, as a minister
of peace; for the declaration of Mr. Webster was,
that he was authorized to settle all the points of dif-
ference between the two governments. Oil the ad-
vice of his friends, Dr. Lmn ceased to agitate the ques-
tion during the mission of Lord Ashburton. Here.
Mr. B. eulogized in feeling terms the life and char-
acter of Dr. Linn; m concluding which, he observed
that the settlers in Oregon would deserve the brand
of ingratitude, if they did not name the first city in
that territory the city of Linn.
In common with all the Senate, he [Dr. Linn! then
hoped this question would be settled. He thought
that was the propitious moment. England had, at
he time, been unsuccessful in her wars in the east,
her starving population was almost in a state of re-
bellion; she had not succeeded in her quintuple trea-
ty with France; her revenue was not sufficient to
meet her common expenses of government; her
minister had c0 h jn hig a(Jvfnt ,aim
that he was ready to settle all the questions of dis-
pute between his government and that of the United
spftUwh ^ su ™as tlle propitious moment to
™ feUi^f?" q"eSUOn- What a disappointment
ill a 11 k°S "0t lnell,de(! "1 the negotiation,
? ,t l e ^membei'- T1" moment it was known
that Wv n£°? was <° be settled in
-oress his h', 11 r <\ " ?ave "otl',e tllat "e W0UU
fheTerritory orSamz^°n and settlement of
Strike lis o now, was the United States to
mimster 'T11 ,=tlme' 011 the arrival of a 11£w
Xwld toTee ,g a,Kd After herwbjecu. had been
Hucteon Pav territory from tlie time the
Hudson Bay c°mpanysfct fpot in u tij| ^
1842, this country at once, on the arrival of a &nt-
suanc^of^ff1 f,nher P^eedtngs in pur-
if mw L V was n to be wondered at,
if now, on toe arrival of another British minister,
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United States. Congress. The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2367/m1/394/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.