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32X

SPEECH

HON. E. S. DARCtAN, OF ALABAMA,

THE OREGON QUESTION.

DELIVERED

IN THE HOUSE OF REPRESi"NTATIVES, THURSDAY, FEBRUARY 5, 1846.

WASHINGTON:

BLAIR & RIVES, PRINTERS.

1846.

THE OREGON QUESTION.

The Resolution from xhe Oommittee on Foreifjn
Affairs, requiring the President to notify Urtiit
Britain of the intention of tlie United States to
terminate the joint occupaney of Oreijon, and to
abro-jate the convention of IH'27, hcinj; under
consideration in Committee of the Whole —

Mr. DARGAN obtained the floor, and spoke as
follows;

Mr. Chairman: When I took my seat in this
House, it was with the resolution that my voice
should not he iieard in it on any question of de-
bate. I now depart from that co\use which I had
marked out for myself; but I will render no apolo-
gy fur it, save only, that my views on the question
under debate .s<;em, to me at least, to be peculiar.
I have listened to the debate with attention, and
regret that I cannot agrc<.' with those who o]iposed
the notice on the one hand, nor with those who
urge the adoption of the particular resolution now
under discussion. I believe a notice of some kind
should be given; for if we fail to give notice in some
form, or of some character, I will ask, what will be
the consequence? Sup]iose the dithculties be not
cettlcd i)y negotiation, and notice to determine tiie
convention be not given: will not the question of
notice become a political hobby? Will not the
American people be taught to believe the whole ot"
Oregon is ours? and that those who oppose the
notice are afraid to assert their rights to tliat which
is clearly their own? Mr. <'hairman, it would,
like a tornado, sweep from Maine to Louisiana,
crushing all opposition before it. I therefore
thought, from the beginning of this discussion, that
a notice in some shape, or in some form, ought to
be given. If we ful to give this notice but lor a
year, let the question be discussed as a political
one, the pulilic mind will l)e convinced that ", e
own the territory to 54° 40' north latitude; and
when so convinced, they will be roused to arms;
and war must decide the contest, unless England,
perchance, should yield up to us all we dcm-ind.
To avoid the evils of war is my wish, and I think
it is th(! wish of my constituents; but at the same
time neither I nor they would yield one foot of
territory clearly and indisputably our own. This
is the position occupied by the people of Alabama:
claim all tiiat is clearly our own; and if a contest
come from such an assertion of their rights, they
will maintain and det'end thorn; tnit by no means
assert title to more than belongs to us. I am not,
Mr. Chairman, the advocate "of the British title,
nor will I b«; but before this House and the Ame •-
iuix\ people [ will declare what are our rights; and
although high functionaries may say our right .s

perfect to the whole territory, I will give JYiy opin-
ion as to their extent. And if we now will inform
the American people of the extent of our rights,
and claim nothing out that which belongs to us, the
question will be settled without a conflict, for
England will admit ti' n.

Let us claim nothing save that wliich is ours ac-
ci iding to the principles of justice and international
law. Here we can maintain our claim. The ques-
tion will be settled, the honor of the nation untar-
nished, ant] peace preserved. We are urged to pass
the resolution in its simple, unqualified form; but
connected as it must be with the positive assertion
of the President that the whole of Oregon is ours
up to 54° 40', it v/ill be an endorsement of that
declaration to the American people. Shall we
make this endorsement, or not? If we do it, what
will be the consequence ? It will be folly to believe
that anything else than war will follow. England
is in possession of a part of the territory; she has
men and arms there; she claims rights there, and
has rights there. And although I will not ascribe
to her more courage and firmness than belong to
the rest of the human family, I will ask gentlemen
to point me to that page in history where men in
possessicmof their rights, with arms in their hands,
have yielded them upon the demand of another,
unless this demand is based on admitted right and
the admitted laws of nations. No people will ever
do it until forced at the point of the sword. Now
if we wish to settle this question without difficulty,
without bloodshed, let us make our claim to that
portion of the territory which belongs to us; let us
admit the question as one of negotiation and settle-
ment. Let us, in one word, declare the line below
which Englantl has no right, and below which we
will yield her n(»ne; and my word for it, there will
be no war with England about Oregon.

This brings me to our title. It is said we have
two titles — one by discovery, and one by purchase
from Spain. But the title by discovery is to the
valley of the Columbia; and the same principles
that give us the valley of the Columbia, give the
British Government title to the country drained by
Piazer's river. If, therefore, the title of both Gov-
ernments depended on discovery, both Govern-
ments have rights. It is pretty well admitted on
all sides that if we had title by discovery only, the
49th degree of latitude would be the fair line of
separation between ua. I have heard no one an-
nounce, nor can it be said with reason or truth,
that, independent of our Spanish title, we own the
whole. But we invoke the aid of our Spanish title
to overreach the title of Great Britain by discovery
of Frazer's river, and her possession consequent

I •

oil fiiirh (lisrovrry. Tier rights to tin's river and
the country driined \>y its wati-rs, tirf! prcrisily
Nudi aH w«; possesH in u-^ard to tin; (yoluniliia and
tin; country drained l)y it; umIinh wc can defeat her
right with the tith- of Spain, wiiii li we now poss<'S.s.
It is Nuid tliat the Kpanish title i.s ohier in point of
lime, as Spain firnt discovered thin territory and
nctutdiy took possesHion of it; and, heiii^; older, it i
i.s therefore superior. I may well admit that the j
Spanish title is ohier than the title itf (ireat Brit-
ain, and wo have it; hiit this .itie is siilijei t, in our ■
hands, to all the conditions and uli encumbramcs
imposed on ''. .ly the act of Spain hefore she passed ,
it to uh; and hefore we can override the title of ■
Great Britiiin with this our Spanish title, we must ]
ace that Spain had imposed no conditions or encum- j
brances on this title. For snnpo.se the owner in
fee first mortf^a^e his estate am! then .sell to another i
in fee: the purchaser in fee titkes the estate subje(;t j
o the mortgage, subject to this act prior to the
sale in fee. Thii.s, too, we hold the title of Spain,
.subject to all her act.s done in relation to the title
before we acquired it. And this brings us to look
into the Nootka Sound convention of 1700.

But it is said that liie war between Great Britain
and Spain in 1796 annulled and abrojj^alcd this
treaty. This, Mr. Chairman, i.s a proposition
which strikes me a.s a novel ai^l remarkable (tne.

Treaties, if I understand them, may be fulfilled
perfectly and completely on the act of signing^ and
approval, or they may be (if I may be allowed the
definition) continuing in their character — that is,
to be Ailfiiled from time to time as occasion may
require; as, for instance, commercial treaties, whicli
may stipulate that certain goods shall pay certain
duties as they may be unported, or that a com-
mercial vessel shall salute a man-of-war, &.C.; or
they may be compounded of the two — one clause
may contain a perfect grant of land, another clause
may contain a commercial regulation. But I ask,
if a perfect vested right in land be conv,;ved by a
treaty of this compound character, if a subseciuent
war would divest this perfect and absolute right?
If so, my friend from Missouri should (renible at
the idea of war with France, for a declaration of
war would make him a French subject. I would
tremble at a war with Spain, for I should thereby
become a subject of the Span'sli crown. It is seen
at once that such a proposition is ab.surd. It is
now necessary to inquire into the JNootka Sound
convention; tne 3d article is as follows:

"In order to strengthen the bonds of friendship,
' and preserve in future a perfect harmony and good
' understanding between the two contracting par-
' ties, it is agreed, that their respective subjects
' .shall not be disturbed or molested, either in navi-
• gating or carrying on their fisheries in the Pacific ] 1
' ocean or in the South seas, or in landing on the
' coasts of said .seas in places not already occupied,
' for the purpose of carrying on their commerce, or
' of making settlements there ; the whole subject,
' nevertheless, to the following restrictions speci-
' fied in the three following articles," &c.

" Or of making settlemunis." Note this.
Permit me to ask, what has divested England of
this right to make settlements under this conven-
tion .' and why is not the Spanish title now charged
with this encumbrance as it was in 1790 .'' Why, I
ask, is it not charged with the right in England to
make settlements ii» luiy pait of the Oregon territory.'

In the exerci.se of this right, her citizens have
gdin' there and erectinl their homes. When were
tliey bound to depart? When they had made settle-
ments, (Old eonsecratf'd llit! soil as ilieir homes, with-
out any restriction (tr limitation as to time — on
what prinei|il(s of law can tliey be cinnpellcd to
abandon their linnies or sum niler tiies.iii' But
the gentleman from Indiuna [Mr. OuknJ eanie ii>
the eonehision that iherf; was a n sirivtion on this
right contaimd in the .'M article, to be found in the
olii article. I will now call the attention of the
committee to these, restrictions. The first restric-
tion is contained in the 4lh article, whiili reads an
Coilows;

"I lis Britannic Majesty cngiiges to take the most
' etl'ectunl measures to prevent the navigation and
' fishery of his subjects in the Pacific ocean or in
' the South sens from being made a pretext for
'illicit trade with the Spanish settlements; and
' with this view it is morcoviir stipulated, that the
' British subj(!cts shall not navigate and curry on
' tlieir fishery in .faid seas within the space of ten
'sea leatrues from any part of the coast already
' occupied by Spain."

This, Mr. Chairman, is the first restrietiin.
Does this restriction go to negative or conti'ol the
right of Kni;:lisli subjects to make settlements on
any pnrt of the territory not occupied by Spain ?
It is suflicient merely to say it does not.

But it is supposed that the .'jtli article controls
this right; but the construction I put on it is entire-
ly different. The article is as follows:

"As well in the places to be restored to the Brit-
' i.sh subjects by virtue of the 1st article, as in all
' other parts of* the northwestern coasts of North
' Anioriea, as well as the islands adjacent, situate to
' the north of the parts of .said coast already occu-
' ]iied by Spain, wherever the subjects of either of
' the two Powers r-hall have made settlements since
' the month of April, 1789, or shall hereafter make
' any, the .subjects of the other shall have free ac-
' cess, and shall carry on their trade without any
' disturbance or molestation."

This article, Mr. Chairman, so far from being a
n siriciit)ii on the ,3d article, is simply an enlarge-
ment of the 4th. The 4th article is; You vthe Brit-
ish) shall not trade with the Spanish subjects. The
.'ilh article is: You may trade with the Spanish sub-
jects ill those settlements hereafter made by the
Spaniards north of their jiresent settlements. It is,
therefore, simply an enlargement of the restriction
contained in the 4th article. If this be the right
construction, the right to make settlements is unre-
strained; and I ask, if the British subjects had the
right to settle any part of the territory not previous-
"y occupied, and there make their permanent homes
without anything being said as to the time when
they should abiiiuhm them, — I ask — in the name
of common sense, I appeal to all who have some
idea of the legal ell'ect of treaties — what influence
can a war have on this right ?

Am I to be told at tli's day, and are we to sanc-
tion the doctrine, that when nations enter into a
contract, which has been executed, and rights vest-
ed in perjietuity under the contract, that a sub-
sequent war will divest those rights — annul this
contract? If so, it is a new era in the history of
international law; a new doctrine, which would
be lound tc be destructive of the best interests of

itizcns Imvc

i;ii| made snttl,;.
'irliniM('.s, with-
''•'< to tinu; — oil
e <'iiiii|)<H(,.(| to

)wE\J caiMP to
ri^'tioii oil ilij,^
"• IniiiKj in (In;
III iition of till!
'Ik' (ii'.st rcstiMc-
wliirli roads tm

U) Utkc t ho most
n.'iv illation and
ifif ocean or in

a pretext for
ileinnnts; and

iitpd, that the
'c iind rurry on
>e space of (en

coast already

rst rrstrictiin.
■ or eontrol the

settlements on
piod hy Spain ?

not.

nitiele controls
" "n it i3 eiitire-
\vs:

ircd to tlie Drit-
:irticle, as in all
"oasLs of North
;iceiit, situate to
it ah-eadv occu-
~cts of citlicr of
ttlcments shico
hereafter mako
II have free ao
lo without any

ir from beincf a
ply an enlarfje-
You vthe Brit-
subjeeta. The
le Spanish sub-
• made by the
ements. It is,
the restriction
is be the rijjht
ments is unre-
bjects liad the
' notprevious-
manenthomea
the time wiien
-in tiic name
ho Jiave some
v'hat influence

I'c wc to sanc-
1 enter into a
lid rights vest-
t, that a sub-
i — annul this
he history of
whicl) would
It interosta of

nations. No such doctrine can be maintained here
or anywiicre else.

We hold, llicn, Mr. Chairman, the Spanish
tiile, if fjcntlenien .-oe fit to rely on it, but rhnrf^'ed
wiili tiie rii,'ht of the I'irilisli Ciovcriiment, to wit:
that their sulijects may make settlements in the ter-
ritory ill places not already occujiied, and there
erei't' their homes. Tliis Sjianish title is (barged
with this light. I»iit whether we claim by the
oiii.' title or by the other, or by both, the Govern-
ment of Great Britain has rights in the territory,
niid we wish to make a division of the soil. We
arc no longer willing to remain in joint occupancy,
nor can we assert title to the \\ hole territory. I
am willing to assert for my constituents, and for
the American people, every right that belongs to
thein; but no power on earth can make me assert
claims to rights, when those are negatived by con-
tract and by law. Nor will 1 advocate the doc-
triiK' th;it we must seize upon territory contrary to
treaty ."stipulalioiia, contrary to the laws of nations,
merely beiuiuse we wish to ajipropriatc it to our
use.

Now for the division line. The 49lh degree
seems to me to be equitable and just. I think we
have commilted rmrselves to this line: we have of-
fered it once, twice — nay, three times. By thesi;
oilers, we have admitted Engltind had claims.
With what faith, I ask, can we now assert title to
the whole? Can wc, then, go for this resolution,
without even qualifying it, to .show that Great Brit-
ain lias rights which are the subject of negotiation.'
It has been asserted by the Executive that our title
to the whole is jjerfect. In this, I am conipelled
to difftr with him. I cannot shut my eyes to the
rights adverse to our own.

Mr. Chairman, I would prefer a resolution giving
the notice, with a distinct assertion of the extent
of our rights; that is, that we will never yield any
portion of the territory south of latitude 49. If we
would do this, depend on it England would not go
to war for any territory south of that line. Our
riy;lit to it is best. I would never yield one foot
south of it, be the consequences what they may,
but for us to assert our title to the whole — to pre-
pare our.selvcs to maintain this title — will produce
war beyond all jiossible doubt. And although I
will not undertake to describe the horrors of war,
let me say, if a conllic* ensues, the whole civilizi d
world will feel the .shock. I trust in tlie name of
God that this country will never be involved in a
war by asserting title to that which is not ours;
and I trust we will never fear to assert title to our
own. Nor will the assertion.s of title to that which
is clearly ours ever involve us in a war with any
nali(>n; or if it does, it will not be a war of aggres-
sion; it will be one of right, our quarrel will be
just, and we should have nothing to fear from Eng-
land or from the world.

I Hc.c the necessity of giving notice to determine
this convention, to prevent bloodshed; but let us
accompmiy it with a clear and distinct declaration
as to the extent of our rights. We would not
yield our rights to England, will she yield hers to
us? Although I believe the Executive thinks our
right to the whole perfect, for he has so said, I
cannot agree with him; the conduct of our Gov-
ernment is opposed to his views — the rights of dis-
covery and the construction of treaties oppose his
views. His opinions, however, will have a pow-

erful cflV.ct on the public mind; we should check
it; we should show to our ftillow-citizeiis the ex-
tent of their rights, and I would with |)leusiire go
for the notice with this declaration of tde extent of
our rights.

Mr. Chairman, I would oven go fir a notice
that would.admit that Great Britain bad a inter-
est ill the territory the subject-iiuitti r of nei^otia-
tion, for this would be to disabuse the public mind.
It would be tantamo'.int to sayini; Gnat Britain
has interest in Oregon; but to deny that she has,
and so to teacii the |mblic that ail is ours, must,
beyond all doubt, producf- war. True it is, that
the giving of this notice is the exercise of a mere
conventional right, and within itself not a cause of
war; but he is not entitled to the name of a pru-
dent counsellor who will exerci.se this right merely
because he niav do so, witliout regard to the con-
sequences. We should look to the consetiuences.
Give the notice in this simple, unqualified form,
and the question must then be settled, either by
negotiation or by the sword. The President says
negotiation is ended — that it cannot be so settled.
Then the only ul'ernaiive left is war; a war, too,
under the assertion of title to the whole. We
could not be justified before mankind; we could
not elicit their sympathies; we should be consider-
ed the a^'-gressors. But let us declare, and declare
truly, the extent of our rights. Our title is before
the world, the title of England before them — and
we should be sustained by the nations of the earth.
England herself, seeing that we claimed nothing
but that which is our own, would yield to our
claim without resort to arms. The ((ueslion is one
of moment; the lives of thousands depend, or may
depend, u])on our action. Let us not act rashly,
nor hazard the lives of our fellow-beings in assert-
ing a doubtful title; yea, in asserting a title to the
whole, when, beyond all doubt, we have no ex-
clusive tide. But should we give this notice, with
a view to settle the question by negotiation, by as-
serting title only to that which is ours, or by ad-
mitting that Great Britain had interests which were
the subject of compromise, and she should refuse
to negotiate, and allow us our rights, the resjion-
sibility, yea, the evils of the war would be hers.
But let us claim only our rights, and there will be
no danger of war, or of its horrors.

I see, Mr. Chairman, I have a few minutes more.
I will reply to one sugi^estion I have lieard express-
ed, " that'the tree of liberty flcmrishcd best when
moistened with blood." This is not the tree of lib-
erty I admire; and when the tree of liberty ]»lant-
cd by our fathers requires the blood of tlieir de-
scendants to give it nourishment, I say, cut it down,
tear it up by the roots, and cast it from us. But,
Mr. Chairman, the tree of liberty I admire flour-
ishes best in peace; yea, when the rights of all
arc regiu'ded and respected, then will its boughs
extend and give protection to all, and under it all
will be content — all happy. To protect this, sir, I
would say, let blood be shed: nor should the ruth-
less hand of tyranny pluck one bough from the
trunk. Permit me to say, that my constituents
would freely shed their blood ere this tree should
be injured. I will not pass any encomiums on my
constituents, nor speak of their martial spirit.
But if a war should come, let it come as it will.
For good, suflicicnt, or insufficient cause, I do not
think we shall nsk to borrow fortitude of our friends

win?„r!.^n^ I iti misfortune.. No, «,r, we and •till they stand and east ti.crr. nark on her own
will gather on our beach, bes.d^ our native rocks, bosom. So would we stand and drive back Z
asmnst which the mad waves of '.old Ocean " foes, and make them seek the quie of their Z-
httve beat for agea past without impression made, I sions in their own homes ^ ^

\rk on her own
Irive bark our
St of their paa-