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Les diagrammes suivants illustrent la mAthode. }rrata to pelure, in A n 32X 1 2 3 1 2 3 4 5 6 t'^jf^ HO IN SPEECH OF HON. J. D. CUMMINS, OF OHIO, ON THE OREGON QUESTION. DELIVERED IN THE HOUSE OF REPRESENTATIVES, SATURDAY, FEBRUARY 7, 1846. WASHINGTON: Printed at the office of blair and rives. 1846. Ouoe THE OREGON QUESTION I T'tie Rcaolution for tcrmin.ilinf: the Joint occu- |irin<y of Orc;;on !)<!ii)<i; mi(l<r ronHuicration in ('ommittce of t!ie Whole House — Mr. CUMMINS addressed the committee as follows: Mr. CiiAinMAN: The resnlulinn rrportcd by the ''ommittce on Foreign Ilrlatinns, nnd now under '■ojisidoniiion, involves one very plain and distinct proposition: Shall we, or shall we not, f^ive to Great Britain tiic twelve months' notice, provided for by the iil article of the convention of 1827, to termi- (ifitc tiie joint use «f the two countries in the Ore- f.'on territory? The rii^ht tr) 2;ive tliis notice is not denied; it is n part of the convention itself; hut the policy and expediency of ^riviiif; it now, and the form in which it shall be ;^iven, if given at all, crtnstitute the grounds of the present discussion and differences of opinion. The wide range which has been given to this <lebate, and the momentous consequences which have lieen so fearfully and eloquently predicted and [lortrayed by gentlemen who oppose the resolu- tion, if we can believe them to be sincere in what thfy .say, should at least admonish the friends of fhi.s measure to give to it that careful and candid fonsideration which its importance demands, be- fore it is adopted. If the giving of this notice will le^d to an equitable and final adjustment of the rights and claims of the two Governments in Ore- gon, and the establishment of their territorial boun- daries there — as I hope and believe it will — then sir, the sooner it is given, the better. Most ques- tionn diBcussed and passed upon in this Chamber, 1 ^'O.^'dl arc of a domestic character, affecting only the rights and interests of our own people. They arc also of a temporary character, for the acts of one Congress can be altered or repealed by the next, as the friends of this or that cour.sc of policy may be in power. Not so with Oregon. It is stri'-tly a national question, between two separate and independent sovereignties; it is a territorial question, and therefore preeminent and lasting in its n.iture; for, sir, the lines once run, the strikes driven, and the monuments erected there, they must unalterably remain as the landmarks of division between the Republic and the Monarchy, the citi- zen and the subject, the hereditary sceptre and the ballot-box. Mr. Chairman, the remarks which 1 shall make on this subject will, in part, be in reply to the argu- ments of the gentleman from South Carolina, [Mr. Tloi.MEs,] who appears to mo to be the standard- bearer of the opposition, and the defender of the faith of *^ masterly inarlirily'' in this end of the Capitol. In my judgment, he hasassuiiied as bold, strong, and untenable ground.^ in favor of the claims and pretensions of Britain, and against the rights of the United States in Oirgon, as has the British Ministry, or any of her diplomatic agents or politi- cal journals assumed, since this question first came under di.icussion between the two Govemmenta. In his argument, that gentleman propounds im- portant inquiries: Where is Oregon? — What 's i^' — Of what value is it to us? I do not suppose that the gentleman is a disciple of Diogenes, and now for the first time has emerged from his philosophic till), to lif'liolil mill ciintrniiiliUc Or(;;()n. N<>, sir. Orcfjnii is to him an old, niiil, iim would now apiu'iir, nil iiiiwc'lcoino iiciniiiiniaiici'. I'ut, .sir, wliciv i.s On i^on, and wliat is it? On;- pnii i.H llial part of llir rs'oriii Antciii'aii continoir \vliifli iit'S iiciwfci) til'; iMrxii'iin line, on iIk; 4:2(1 parallel of iiorlli liitimdf, and the ISiiwsian Imp, on the parallt'I of.)}" '10' north laiiiudi;. It i.s hoimilcd on the W('!*t by the I'licifir ocraii, and on the ta.st by the Riiiky Mouniains — upon whieh iine it i.s, the greater part of liir way, (loieriniiiou.s with the other territories of the United Suites. It enilmiee.s nhoiit nine huiidn d inile.s of the western coa.st of tiiis coiitiiu'iit horderiii^ on the I'aeifie oicaii, is <:f nil averau'e width ot' ahoiit six liimdred miles, niid contains nhout four hundred thoitsand sr]uare niile.s of territory. In extent, it enilirares more territory tiiai) the "Old Thirteen Stairs'' on the Atl.intic .slojie. Its elimati' is nmeh niihh'r, and more genial than the <limaic in the .same lati- tude on the Atlantic; its soil is t'ertilr. il.s streams pure, its forests are aluindaiilly supplied with the choicest timl)i;r; and, in short, it possrsst s the elements of a gre:it and valuaiile country. If wc do our duty in preserving and luainlam- iiig our just rights ihrre, Oregon is tiestined to be the home of millions of luijipy and prosper- ous freemen, whose Ialjor.'< will he rewarded by • he exuberant fertility of its valleys, and whose llocks and herds will f<ed upon its ihousaud liilU. A.s a means of our military del"enee, it. is a tower of strength, boili by land and s<'a. It skirls one whole fwnt of this Re|.ul)!ic, and hems us in on the west, and entirely shiit.s us out from the Piicific. It (Virnishes a!)undaiit .'supplies of timber, of which to construct navies, and ^reat, capacious, and safe bays nnd harbors, in which they can float in safe- ty. To any country possessing skill, industry, nnd enterprise, the possession of Oregon will give the military ami ni.irine control and .sujvremncy of the Pacific ocean and its islands, of China, the i East Indies, and the western const of South Ame- rica. Should Oregon fall into the hands of Britain, what security svould ymi have on your wesiini frontier.'' What wouKl become of your exlensive nnd valuidjh whale fislurics in 'he Pacific.' What would become of your Cliiiia trade, now ,so pros- perously carried on, and yearly iiicresising.- llow would you resi.sl iht; milit-ary control that IJriiain would necessarily exercise over Mexico, California, GuRtcmala, Chili, Peru, the whole western coapt of South America, the S'luili Sen isinnds, nnd the fn- diaii tribes.' Sir, you v.-oiild be compelled to abandon the whole to her dominion and power. But, sir, of whnt value is Oregon to us in a commercial point of view.' In my judgment, it is more important to our commercial interests than any acquisition we have ever heretofore made or can ever hereafter make. There is not liow any maritime nation in the successful possession or enjoyment of any part of the Pacific coast from Bhering's Slrait.i to the Cape of Good Hope. The whole remains yet coini>arntivcly unoccupied .ind open to the first na- tion that may secure it. Look upon your mni)s, and what is our po.sition with icfi r( nee to tnat quarter of the globe? This continent lies between Uie Atlantic and Pacific oceans: it lies nearly equi- distant and in the direct route between the continent of F.urope nnd .^sia; and across this continent at the same point must and will ere long be carried the trade and merchandise pns.sing between Euro|)e and yVsia. Let us, then, .siciire our just ri!,'hts in Ores;on, and our territory will t xtend acro.ss thi.'i coniinent, from sea to sea: on the east wiihio ihn c thousand miles of Iviropc, on thj' wchI within foiii thousanil mile.s of Asia. We h.ive now the com mand of the coast on the (jnlf of Mexico, the Al- laiilic fnun the llio CJraiide to tlie St. John's, ;» distance of more than twelve hundred miles. l]\ rivers and lakes we have water communication along our northern and northeastern borders foi- IwcKe hundred iniles. Oiei:iui will jivc^ us the; command of iiiii<; hundred miles of the Pacific coasts, and will enable us to command the com- merc(! of that ocenn. liCt Government but do its duty, let it quiet our title to Oregon, and (xlend our lasvs and jurisdic- tion over tiiat country for the protection of our set- tlers there, and the industry and energy of the pioneers will! will make their homes in the Colum- bia valley will do the rest; they will subdue the fi>re.Hi.s and convert them into harvest fields; they will (lot the faei' of the country with thriving towns and villages, and the waters of the streams of Ore- gon will propel the machinery of our ingenious nnd enterprisiiii;- artisans and manufacturer.s. The enterprise of our merchants will build up commer- eial cities on the magnificent, deep, iiiul safe har- liors on the Pacific eoast iKu-th of the mouth of the (Columbia, in which their shifiH and .«tenmers, to un almost indefinite extent, can float in the greatest security. How long will it be before (he commerce of the Atlantic and the Pacific will be connected ncrosa the continent by the avenues of trade? How long will it be before the iron arms of railroads wifl stretch from sen to sea ? I have no doubt but there are thousands now living who will witness the con- summation of that magnificent project. Sir, it i» practicable, and the magnitude of tlie interests de- pendant upon it arc too great to be permitted to lio dormant. The distance across this continent is va- riously estiuial<;d at from .veveuieen hundred to two thousaiid miles: take the greatest distance, and add to it one thousand miles for curvitures and devia- tions of a railroad, and you have a distance of three ihousaml miles. Cannot that distance bp overcome? Why, sir, ihe.'e are now in the United States, completed and in successful operation, over four thousnmrmiles of railroad, nnd as much more projected, and large portions of it in an advanced slate of completion. Do gentlemen doubt this? The liistory of llu! past progress of our country must remove all doubt on that subject. At the treat'/ of peace in 1783, when our national indc- l)endence was acknowledged and peace restored, whai was our condiiion ? This Government waa then feeble, its means exhausted, without com- merce and almost without interiKil resources, nnd with a populniion of nbout three millions. Whnt is it now? What has it grown to be hi sixty- three years? Its population is i-ow about twenty millions. Its commercial marine is fully equal to that of Great Britain, and more than double that of all the other commercial Governments of Eu- rope. For statistics, I avail myself of th«^ compi- lutton of Oiioliiery which is suid to be correct; and ■what does i 2,4'}f»,<l(l() t. leaviii'.'; out What is till ( ioverniiier 'j:<!t,(l()(l In Sweden. I 1 in L'J'.t:<,.v ted States. Mississipi It was iinix keel-boals \ Wh.it is I'car upon I of comnier the commi li'W Indian now' Yo alone l'(Mir Tiage of HI), of the v;i!i Rtruction il steamers o ihrou'j'h w VVestcni v If this, s venrs, star eility, and il be with with our < next quail where snli by the sii:l n'j:e, the er of the Pae become th' nnd harbo whose snili jestic ;;teaii bosom oft the trade c without a does Grea nnd comm not yield i long as sli( of it. W severed in sinus to til himbia,ai The reaso I'or south mouth of p;crous by harbors li^ claim, am have sect country, ' lively val reach the in a I'riti: tir )iroliili Wiih ( roads wi world thf coiuinerc Europe t close con the East continrnl i\t t; lie rurricd iOtn Eiimpr ii.si ri!;lit.s in acrosx thin within thnc wiihiii ('oiii )W th«> coin ;ico, tilt At- t. JiiIiii'h, i\ mill's. l]\ iniiinii'atidii bonlrrs fiti S'lyc IIS the the riicifii- d tlie coni- t quifl oiir 11(1 jiiiisdic- n ol (Mir set- cruy of thr theCohini- Nuhdiie till fields; tlipy iviiiii: towns nnis of Ore- r iiiKTiiious iiHTs. The lip coninur- ul .siife liar- loiitli of the imci-.s, toui> llie greutcst [lerre of the ctcd across How ioii^T ilroads wifl l)t but there ess the con- . Sir, it ia nterests de- nittod to lie titient is va- (Ired to two [•e, and add and devia- distancc of listanee h? the United •ation, over much more n advanced Jo\ibt this? nr country n. At tlie ional inde- p restored, iiment was houl com- lurces, and Ts. What ; m sixty- )iit Iweniy y equal to ouhic that nts of Eu- thfi com pi - »rrect;and f "whnt does it show ? Foreisn tonnaije of Enffhuid, '},4'}(t,(l(»0 ti>ns; of Iht: United Stales, 'j,4 I7,(l(l(» tons, IfaviiiLV (lilt ilie tciniiMfie of our l.ikcs and rivers. What is the comiiierciiil tonnaire of ollu-r I'jiro|iean < iovcniiiients.'' I'Vanco has (!'}r>,(l(l(t tons; Russia, 'J:<<>,(M)() tons: [■)( nmaiU, '.^ry/Mrr. Ifolland, -'U.QHI; Svvcdcn. I lH.0x!5; TiirKfy, l,?>t»a, amountiii-^ in all to l,',".t.'{,r»Hi, oralioiuoiie-hiilf of that of the Uni- ted Sillies. What, sir, wa.s the coininerci; of the Mississi|>|ii and its trilmlaries only forty years ii;;o.' 1 1 was unknown to the world. A few canoes and keel-lioHts were padilled and |)olcd aloriL' its shores. What is it now? Unndreds of tloatinir jialaces hear iipon its liosoiii more than ^ti()(l,(l()(),0(l(j worth cf eoinrncrcial c(nnnio(liiies annually. What was the commerce of your lakes forty years atjo ? A i'W liidinn traders ahniy; the shores. Wiiat is it HOW' You have upon Lakes Krie and j\Ii(hi;,'aii alone (uiir hundred commercial vessels, with a lon- riajje of H(),(HMI tons, earryini;: annually a commerre of the value of 51,, ')l)0, 00(1, and in |>roi!r( ss ofcini- structioii ihirly-four vessels more; of wtiich ten are ' ste;imers of the first clas.'?. The.>ioarc the avenues ihrou^'h which the a<?ricullurai prodiicts of the Western valley pnss to market. ; If this, sir, has heen our pro'/ress in sixty-three vears, siartini: tVom a state of conifiarative imhe- ' •■ility, and with hut (Uie sea ojieii to us, what will It lie with the trade of tiie Pacific opened to us, with our pre.«;ent means of advancement, in the next fiuarter of a century to come ? That country, when; solitude now reii^ns almost uul'roken save l.iy the si<ihiii2^ of the winds, the whoop of tlie sav- a'^e, the crack of the hunter's rifle, or the dashin<!: <if the Pacific waves upon its shores, will then liave liecome the home of (Mvili/.ed men. From its fiorts and harhois will ^n forth a commercial marine, whose sails will whiten every wave, ami wliose ma- jestic .'UeaiiH'rs will ride triumphant on the traimuil liosom of that ;j;reat ocean. We cannot expect tlial ' the trade connnand('d l>y that ocean will he yielded without a strui;;::le hy a(lver-<e Powers. Full W(;ll does Crreat Hritain understand the military streiiijth ' and commercial important! of Oreijon. She will not v'ield it, rii^lit or wromj, to her natural rival, so loni,' as she can hy any means rf tain it or any part of it. Why has she so lonij and obstinately per- 1 severed in the assertion of her untounded preten- , sions to the wli(dt> of the country north of the Co- ' himbia, and to a Joint rii^ht to the use of that river? The reason is obvious. There is not a i^ood har- : hor south of the Columbia, tihI navi<,^atioii at the ■. mouth of that stn^am is rendered un-^aft! and dan- gerous by bars, shoals, and ('urrents. All the ^ood harbors lie north of the (.'olum!)ia. Yield her that claim, atid it is all that she, wants. She will then 1 have secured to In^rself the stronir places of the country, and rendered the balance of it compara- tively valueless to us. Our products c<)uld not ilu'ii reach the ocean safely, exi'Cjtt throu^^h Uritish ports in a P.rilisli province, atui subject to be incumbered nr prohibited by such duties as she may impose. With Oresron impioved, and connected by rail- roads with the Atlamic, we will furnish to the world the ijreat desidera'.um so loni; sou<j;ht I'or by commercial nations — a direct communication from Kiu'ope to Asia; and we will then Im- brouirht in close communiiMtion with the (Commerce of ('liina, Uic Eaat ladies, the v.-est coast of S(iuth Americii, and the Pacific isles. Ciin Piii lin siil Q|,0()0 miles iiround Cjipc I lorn, or •JT.IHH) iiroui!d the ('ape of (iood I fo|ie, and succ(rsi'iil|\' i'i.|ii|ii le with us in that trade whicli we can reach tVoni the wi stern coast, by sl",ui) vessels, in 4000.' |[er\oyaL,'e will NMpiire some ei'ihl iiionilis; ouis, scarcely so many weeks. Who then will have the carrying' trade? I'rilain will be compelled either to open a ]iass;i'ie across the Isthmus of Darii 11, trade ihrou'/h our works, permit us to have the carryimr trad(> or be driven from the market. Sir, that ocean trcni of India trade has been acfpiired and enjoyed by • ach coiumerciid natiiui, successively, fr(uii the .rliest a:res of the world. Cartha'.re. ( Jreece, Rome, Ven- ice, Pisa, Ifeiioa, PortiUiral. Holland, have each, ii) their turn, enjoyeil ii. Ivii^land now has it. Our dcsiinv now oilers it to us. Will we ai-cept it? Will we adopt and carry out such ji.sl and piiuleiit measures of policy as will secure to us this irnal and valuable field for c(uniii( rci.il ( nterprisc ? This le:i(!s us to the c(nisidciatioii of another branch of this subject. The next rjuestion which |nTsents itself to our consideration is: to whom does Oreiron, in whoh; or in part, beloni:.' To t\\v Unit((l Slates or to (freat I'ritainr What are our rii;lils in, and our title to, Orei!:on? And what are the pr( tensions and claims ofdiciit IJriiain tolhes:iiu( ? Iiv what evidence are the riiihts, claims, imkI pr( tensions of the parlies, respecliv( ly, yup|>(>rled or iirovtd? And here nirain I must quote t'nuw ihe speech of the ijentleman from South Carolina, [Mr. lioi.MF.s.] who savs: " 1 deny, in toio, any rii:lit, any claim ' to that territorv, <>r to (tiuj juirt or pami ihere- ' of, that does not apply with etpial Hu'ce and etii- ' cienev to ilie power ol" Cinal liriiaiir, and if I do ' not, by as fiiir reasonini: as I can brinsr, deinon- ' strate this position, I am wiiiiii'^ to ijive up now 'and forever any claim to lou:ic:d powers.'' Thi:i makes llie issue between the parlies, and pre.'!ent^^ the Iirilish vicv/ of the (|uesiio!i, in sul>st:inc(', and almost in (Uv same wvu'ds. in which it was present- ed by Messrs. Hopkins and Athlin',Moii. British i'lenijiotenliaries, on the Itiih day of December, lR."2f), when ne^otiatiiii: upmi, and (liscussinLr, the British title to Oreijon, with the proper iiullioiitie.i of the United Slates. They s;iy: '• Great Britain ' claims no exclusive sovereiiriity over any portion ' of that territory. Her ))resent claim, not in ro- ' spect to any |ia'i-l, but to the whole, is limited to a ' ritrht of joint occnpancy in common with other ' States, leavinir the ri^ht of exclusive sovereignly ' in abe^'aace." Every Briiisli Minister and diido- matisl, from that lime to the present, has c(nilend- ed tor the same [losilirni, that she h;i(l a Joint ri;jht with the United Slates to the whole of Or(.\;ron, but that neither Government had a s( parate rii^lit to any ]iart thereof To this pro]iosilion I cannot yield my assent. It is iiotTny ]iurpose, however, to arjjue the title lo the whole of f>reu:on — time will not permit, nor is it necessary for my present pur- ]iose. I propos(>, however, to show that we have a clear, perfect, and unencumbertal title to the soil and sovereii^nty of a part of Orei^on. If I succeed, l>y lair and le>i;itimate proofs and ar;imients, in do- ing; so, I shall have met and overthrown the ])osition of the irtaitleinMU from South Carolina, and, with it, the iK'Sition assumed by Britain, for they are identical. 6 For tlic ptifjinsrs of nir nri^mnnnt, I Brlnct ilial i rtiirl of ilic OiTi;(iii Ifiriti'i-y wliii'h liis soiilii nf' Nootkii Snninl: tli;il is, mh imii Ii tlicrcot'aH In .s Ih;- twf'ci) till' Mixicaii liiii' nt iIk' 4"Jil luiriillfl nf liili- 1 hiHc iinil Nuiitkn, wliicli i.s in I.iIiIikIp 41)'-' .'(.'>' , Ixiin; T^'A'.V , (ir ill inn I (Ivr liuinlicd iiiiIcm ,\luiii; llic I'arifii- coa.st. Mr. <.*liiiiniiaii, that we iiiny have n cltjir i atiil (listint't vi)!\v oI'iIk' (|tirHtiiiii, allnw nx: to |)rt'- { inisc, liy utaliiiir lli' fai't, llial up to tlio year IHO.'i, there were five several :sover( iu'H ;iiiil iiKlependeiit G<ivermiienlM wliiili eliimed to liave riirlit.-^ and iii- tci'esls ill Orc'^oii; to wil: I'"iajiee, S|iaiii, lliiHsia, Great IJrilaiii, and the United States. The I'laiin- ftiit.s are now r<'dneed to t'le two ia.^t named. How, wlieii, tnid hy whom, the riijhts of l-'raiiee, S|i!iiii, find Russia were e\liii.:rnislied, and wlm becanif possessed of tliem, I shall uliow in the pro^res.s of my remaik'.s. Our title to Oregon is of two kinds — first, that wliich wo have in our ri::ht, liy diseovery, explo- ration, and settlement; and seeomlly, that which we have liy purchase from other (iovernmeiits, hy whieli we have eonsolidated in the United Sttiles nil the oiitstandin'.r claims to Oregon, except thu pretensions to title liy IJriiain, thi' present nilvcrse f.laiinnnt. 1 shall speak lirst of our h'reiadi title. And what is it.- After the discovery of this ronti- tineiit liy ('nhimlHis, in 1 ll>-i, CJreat l.ritain iuiil Trance hotli aci|M:ied territorial ri<4:lits, inid plant- ed Colonies upon it. 'I'he nriii.-~li p(i:sessions wrrc on the Atlantic coast, nov,- eomposiiii; a part of the Stales of this Confederacy, ( xtendin:; hy tlieir <diar- lers from .sea to sea, and upon Hudson's May. The French possessions were upon the .Mississippi and in C;inada, alsi exiendini.; ind'li;iittly ucst and northwest. Tiiese claims ii'-'ssarily eonflicied. In 1714, France and Kii.land c,incluili 1 a treaty of peace at Utrecht, which ti>rmiii ited the wai then rasiini,' he- tweeii them, and seltKd all their ditiereiices in Fu- rope ixnd America. I5y the tenth article oC tiiat treaty, it was le^reed that eommissioners should he appointed to run ami eslahlish a division line he tweeii their terriloiia! posse.'-sion- in Xortli Amer- ica. Commissioners were apiioinied, who estah- lished thai lii-e — c.imineiicir.tr on the coast of Lah- raiior, tind ninninu' southwest to the Lake of the Woods, npoii the 4'.)ih pamllel of latitude?, and thence exlendin:^ west nlonw that piu-allel indefi- nitely, which of course exieiids to tin- Pacifii- oi'ean. This line divided the territories occupied liy the Hudson's Hay ('ompany e'li the norili fro.m the Canadas, and the Mississippi and l^ouisiana pos- Bessions of France on the souili; aiid so lara.s these Govermnenls were < onecrned, est ihlished ii line of ecparalion hetween ihein, i,nvliii; to France all Hril- ain's claims soiiih, and to Mritam all Franco's claim north, of 4!P; south of which line Great Britain could not c;o, or acquire any t< rrilorial ri:.;hts, after that time, without, the consent of h'rancc, nor could France aeipiire any territori d ri;;hts north of it, without Hritain'.s cmiseiit. On the ri^d day of Feb- ruary, IHO.'l, a treaty was concluded between tiie United States and Franci',l)y which, for a valuable consideration, h' ranee sold and ceded to the United State.s all her i\lississij)pi and Louisiana posses- fiions, upon this or the otlier side of ilie Ilocky Mountains, and also maile us a party to the teiitli article of the treaty of Utrecht, so tar us tliis terri- tory is concerned, Tiic 4;>th panillrl became ilu. H une to us, as ai^ainst the cl.uins of I5ritiin,as it had before that time bei n to Fr.tiiee. ( ireal llritiun does not pretend to h.ive iiad any valid < laiins west of the Rocky moiintiiin.s in 171 i; she could ac(|Uiri none .south or4!>'^afier that, asauTiinsi I'liince, un- til lHd.'J, when we purchased, nor since that time, a.s ti;;;iin.sl the United Stales, i\h the purchasers of Fremdi rijjhl.i. This treaty, iinlependeni of terri lori.il rights acijuired by it id' l''iance, mt^jht suc- cessfully be ple)\d in bar to any llritish claims south of 4!)'^, and would iheref .re estalilish the position assumed, that we intve a clear, nil' iicuinbered, atid indisputable title to so much of Oreiroii as is south of 4!)^. Hut, Mr. Chairman, I lixed my point at Nooika, a little north of 4I>", lo which 1 propose to examine our tith;. And for tliat purjiose 1 shall next conHider our Sjianish title. And what, sir, is that title.' Spain was no party to tlu' tenth article of the treaty ,of Utrci la, and was not thcrtlor< airectcd or bound by it. On the :2'2(1 day of February, \»\\), a Irealv wa.i made III Wtishin^ton b(t\\een the United Slate.- air.i Spain, by wliirli the iviiit; of t pain " soldiind ' ceded lo the United Slates all Spanisli riijhts and ' |>reteiisions east and north of the 4'.'d parallel of 'north latitude, and I'or himself, his heirs, iiii.l • sue 'essois, he. renounced all claim to said terri- ' tories forever." 'J'his treaty of purchase fixed the 4:2d parallel of latitude tvs the noitheni boniid- ary of Sptinish, now Mexican, toid the southern boundary of the U'nittd States territory, and t;av( to the United .States ail Spain's riy:hts in Oret;oii, and (Ml the Pacific north of the 4f2d dei;re(^ of lali- tude. What were the ri^jhts of Sjiaiii thus sidd and transferred to the United States,' I will brielly stiite lliem. Shortly after the discovery of thi.- eoiitineiit, in 14'J~*, Cortez, for Spain, eoni(ucn d Mexico, and Sjiain estaldished her Government thereunder ti viceroyalty. Wiitn riuthin;; inon remained in Mexico for Spanish eompiest, she be- ijan to extend her search and exploralioiis north- ward aloiiij the Pacific coast for new countries to con(|U(;raiid seitle. I shall pass over many of tlu earlier and more obscure dj.^eoveries of Spain on the I'arific, coast, and mention those only which are well defined, and upon which title can lie predi- cated, and from wh.'-.;li terriiurial ri^i^hts can he de- rived. In l.'i4"J, Cahrillo was sent, wi'.h two vessels, bv the viceroy of Mexico^ \\ ith instrNactions to explore the coast northward, as far as p(\ssible, in search of new countries. This expediliiMi continued its cxplonition.s about one yetu", (Jabrillo died on the voyas^e, and the command dt volvcd upon l^'erelo, who (ixaniined the coast as far noi-th as the 4.'Jd jiarallel. In 1592, the viceroy of Mexico, still in lent on northern discov(;rics, sent Juan de Fucu, a distiiii;ui.Nliril na"'iii;ator, to explore the northwist coast and to discover the Straits of Annitin, (now Fucti,) whicii wer(;.su}>posed lo coimeci jthe Pacific with the .'Vtlaniic ocean. He sailed noi^h until In reached a point between the 4Hlli and 49ili jiarai- lels of latiti d', when Ik; came into a !ar^e inlet ol the sea, in which he sailed, niakiny: explorations, as he says, for twenty days. This was the Strait of Fiica, which yet bi;ars the name ol'thal naviga- tor, who, beyond all doubt, fir.-it discovered the existence anil entrance to that strait. In 1G03, 'izcnino, ir roast 774 Pere. •4> on ill! < iHtructioi itiuidi , ;i (jy, in the le countr ailed nori ia return 3', he en luBri,lriid lay is nov be fii'st na Oinid, an he name In I77."», Vfis si'iit n tuiiid of Xuinine t )n his III >Uces, an Gii;:,;'nd hat he luu if the sain vcre fouii vlleli he a 'Oti sailtd m Uuadr. ned the CI e| south, i he mouth t by renin In thi'f--a A'ho lii'd s: .he schooii IS the .")Hil loiilhward Hero, two ■jy Mexico equipped, 1 'or Spain, ^et'lement 3n the Glh (bund it en 1784; pos.ci a|)d a settle there until At this Pacific coi that coast, sole and e: This clain full exien doubted bl agiinst an country. H.ad Spi 1819, by V iihpaired t that slu' III 1790, of w aOer. It i dial title .s 0(1 r Spani and which h|<;hcr iij) lifesciit pi 1 •allrl lirc'uiif till, 'i/miiin, n .Spanmli iwivigalor, rnrcfully surveyed ol' lint nil, as It IP cuist mI" (.'ulifiiriiin Id tin; 37lli imrallcl. In ilii' ('i<iililart|mri r\iiisi I'lancc, mi- siiK'c that tiiiir. In; jiurrlia.si'rH nl |i(ii(|i>iii (if tt rn aiii'f, niijjlit Hu<'- iInIi cluiiiis.siiuili f. < ircat IJriiiiiii 771 IVn/. was d( siiaulitii liy the viirroy dl'Mfx- valid < l.iiins w<'.-<i vo im aiM;X|ilnriiij; tX(><;dilii)ii to llii' iiurili, wiili imiiirii.ni.s to |ini(;«((l In tin (lOtli def;rcf ni' mirili itiiudi , and tn t'Xplnru the coawt Riiulli to Moutt:- ay, III ilii: .'ITtli dc^nxf, and to Uikt; po.s.vcssinii of It iciuiitiy ill tlic name of ihcKin^ of S|);iiii. He ail( (1 liortli to tli( ri'Uh dt.i^icc of laiiuuk, and on is ntuiii siaitli !d(iii<; ilic coaHl, in Iniitiidi' 4!)" 3', lit' cnK red a ra|iaciou.s hay, luid remained lisii tlie |M).sitiuii lj£ic,in.>diii;; wiili tlif niiiive.'-, fur sonu' time. Tiiis fncuiiil)i:red,iiiid lay is now lalled Nootku Sound, and Perez w.t.s eijon a.s in soiiili \xt fir.st iiavi^Nilor who ever saw or diHcovered thi.i (ed my |ioiiii at ound, and at that time he took poiiisciitiioii of it in vliieli 1 propose lu- iiaiiif ofliis .sovereif^n. It purpose I siiall 111 177.'), Urimo Ilccela, in the service of Spain, \iid what, sir, i.'^ vBs sent nnn'.i on an expioriiij; expedition in eom- th(; tenth urlielf iinnd of the shi[i Santin;,'(S with inslniclioiijj to as not thcrcfon xuniinc the coast to the (joth parallil of latitude. )n his noiihward V(iyuj;e he landed at various 1!), .1 troalv wa« )Uee.«, and took |io:<scbsi('ii iu the num<' of lii.s United Slale.s Gn;,', I'lid i:recled enisscs with inscriptions staling; t pain " sold and hot lio had visited the places and taken pos.s(ssioii anish rii^hts and if the same in the name of his sovereif,Mi, which • 4rid paialii I of vere found liy Vancouver, a British navigator, his heirs, and vjien he afterwards visited the .sume place .s. Ile- ni to said terri- '.atii .sailtd north to the fjOlh parallel, and landed pnrciiase fixed )n Uiiadra and Vancouver's Island, and exuni- noithern lioiind- ned the coast of the continent from the 4^th paral- iid the soulherii e) south, and disi-o\ered ihe current issuing frnni riiory, and ;,'av< he miniih of ihc Columhia rivi r, hut did not enter iy;lils in ()rei;oii, t Ly reason of the rapid i uncut, which drove him 2d de!.cree of laii- ;ack. Spain thus .sold In the Fame year, Seiiors Quadra and Muiinlle, •s.' I will hrielly vh<> had sailed' iu com)>aiiy witii llecctn, on hoard iscovery of tlii.- .he sclioouerSaiitiai;o \isiied the coast i\s fir north pain, con(|ucred IS the oHih parallel, and then explored il.e coast ler Goveriimeiit iouthward to Califuniia. In Hfy, Martinez imd n rioiliiuL; inon Hero, two Spanish comuKinders, were desjiatched on(|iiest, she he- jy Mexico, in command of two vessels armed and 'orations north- equipped, with orders to take possession of Nootka .ew countries to 'or Spain, and to erect and arm a fort, and make a ver many of the settlement therein the name of the Kin^^of Sjiain. ics of Spain on Dn the Cili May, 1789, Martinez entered the sound, lose only which round it entirely unoccupied, us Perez had left iiiu lie can lie prcili- 17H4; pos.ce.s.sion was taken, a fort eroded, armed, i,i,'lits can he dt;- apd a settlement made, and tlie Spanish flag floated there until 17'J5. two vessels, hv At tliis time Russia had six .settlements on the ■tioiis to explore Pacific coast, and French ships had also vi.-:^ited ssiMe, in search that coast. At this time, also, Spain claimed the' Ml continued ii.taoh' and exclu.sive sovereignty of tlie Paciric coast, rillo died oil the This claim was too broad to he admitted to the ed upon Kerelo, full extent it was made; hut it cannot w '1 be loriii as ihc 4;jil doubted but, at that lime, Spain's claim was good Mixico, still in agiinst any |jretcnsions of Great Britain in that luande Fucu, a country. '(• ihe uorthwi.'-i Had Spain, iu any manner, before the treaty of f Anniaii,(no\v 1819, by which we acquired her title to Oregon, lueciUiie Pacific impaired tluit title.' It is not claimed by nritain d iioi^ii until he that sh? had, except by the Nootka coineiiiioii of and 49iii jiani- 1790, of which I shall liave occasion to speak liere- ) a 'urge inlet ol after. It is not pretended that we have impaired ig explorutions, that title since we acquired it from Spain. This is *T> " -■■ I .vv,. .,,.- , —m.'^ ....... ^ ,, V- n.-..!! i_*ii (_u. iL 11 <f IJI >.^[ flLIII . J, Ilia ii> s was the Strait olir Spanish title, which yet stands unimpaired, ; of that naviga- and wliich can with great force be carried much ■' 'ereil tin hjghcr up the c — "' In 1()03. present purpose ii»*»j^.i- «... ...... 41 ..v.i. ..ilii i^n.,tiL ji.Fiii: uu i;aiiicu iiiucii discovered tin hjghcr uj) the coast than it is necessary for my 11 1603, present purpose to carry it. rait. I I 8liall next proceed to present the title wc havo I in our own proper right, by discovery, vxploruttoii, I and settlement. In 17f<7, Captains Cray and Keudrick, of I!o:<- I tmi, .'tailed from that place for the iN'orih Pacific; I llii; former coimniindiiig tlu- American ship ^Vah!l- iiigton, the latter the Coluinbia. In llhH they ! linidtd at Nootka. In Hi-^lt, tiray, among.U their i discoveries and eX|ilorations, exjihu'cd the wlnde I east coast of Clueeii ( 'harlotte'.s Island; alsoentered I and sailed fifty iiiile.'^ thiouf^h the Sliiiils of Fuca; he bein_'the first navigator wlio had tntered beyond ! ihe nioiiih of said tiraits or .mailed in the same. In I the fall of 1790, Gray and Kendriik exchanged \(s- sels, and Gray tlier(. after commanded the (Jidiim- j ilia, upon which vessel heju'oceeiied to China, and ' from thence to Ho.slon. Kendrick reiuained in the I Pacific, and shortly afti r sailed entirely through 1 liiv Straits of Fuca, and in 1791 mnchased from the Indian chiefjt at Nootka several large tracts of land, I and toidv deeds for the same. In 179,'l he was ac- ! cideiiUilly killed ut Owyhee. In 1791 Gray again j arrived on the Pacific coast, and during that year I examined many of the inlets and jiassiiges btlv.'eeii , the 54th and 5()lh parallels of latitude. On the 7th May, 179"^, Captain Gray discovered, 1 entered, and landi d in IJuliiiicirs Harbor, iu lati- I tilde 4(i'^ ,"jb',and remained three days trading v. iih ! the native.'!. On the Hih of the same mouth he ' disi;nvered, entered, and saili d some twenty or I twenty-five miles u[> the Coliimliia rivtr, where he I reniaiiied for several days, trading with tlie uatists. Captain Gray was the first navigator who dis<'ov- eied and navigated liiai river, and up(ui leaving, In.- g:ive it the name of hi.^; ship, ((Columbia,) which it yet bi'ars. lie iit'tcrward.-v coinmuniiated to Vancouver and Quadra his di:^covcri(s of 13ulfiiich"s Harbor aiul the Columbia river, which was the first knowledge they had of them, and iefi with Quadra, at Nootka, charts of the same. In lh04aii expedition was fitted out under the Admiuistration of President Jeillrson, to cxjiloi(! the principal branches of the ^Missouri river to their s(nirce, and then to cross the Rocky Mountains and trace to the Pacific some stream that would alTord the most direct water communication across the continent. Captains Lewis and Clarke were commissioned to conduct this expedition. On liic ]r)th November, 180.J, they landtd on the coast of the Pacific, having traced the waters of the Colum- bia from its source in the mountains to its termi- nation at the Pacific ocean. Thev took po.sscssioii of the country, encamped near tlie mouth of the Columbia, and remained there until the 23d March, IHOG, when they reiurned ui> the Columbia in ca- noes, as far I'.sKooskook rivi;r,ex|iloriiig its shores, and noting the large tributary streams which flow into the Columljia. Iu 1811, John Jaco!) Astor, of New York, entered the Columbia, sailed up it about ten miles, and built F'or* Astoria, which he occupied until ldl3, vvh( n, during the last war, it I'ell into tin hands of Great Pjrilain. Its restora- tion was provided for in 1814, at the treaty of Ghent; and (Jii the Cili day of October, 1818, by a written order of the British '"' '•iimenl, the pos- session of Astoria was formally restored, and de- livered by the agent of that Government to an United States; the cross of St. George iveretl ijy i igeiil of the 8 was lowoml.ftnd Iho utripcB nnd Htnrn flontcd nin'\n over Aslorin. TliiM is mir Aiin'riran tiilc. Doch il ^iv«: In iiH llic cxcliisivf Mrivf n'lL'iity ami ri^jlit of Hoil in llif (!.tlninl)i!i v,ill« y ? Hy iiiKiii.iiiorml law, n OcivtTiimcnt <an aciiiiirf litl<', in an un'»i'<u[)i('(l lonntry, liy (li.scovcry, if it l»i; fnllowiil np in ii miHoimlilf! tinif liy exploration and sciilenieril. IIiivc wc brou^lit onrselveH within iliis rnle ? (iriiy (liHeovercd in 17'J'i; Lewis and ("hokr' ex- plored in iHliri; Astor founded a seitienient in iMlJ. |)o not lliese events follow in a reasonalilc iitne after each oilier, the remoieneHS and diHiriillv of acr.esM of the roiuitry ''onnidered ? Can (Jniit llrit- (lin hIiow as 'jood a lille lo the valley of the (,'o!iini- biu? Sir, if she can, she has not doiif so. Wh.it, sir, is the extent of the valley of the Coin ml lia? 'I'he head waters of its southeast hraiii'hes reneh the Mcxiean line in latitude 4j2"; the noriluveatiTii l)raiiehe."» Nireteh to i")!^ 10'. Hut this carries the nru;unient further than I proposed, haviie^' proposed to aru;ue the title as far as the Nootka only. 'I'o this I will add the tilh; of conti^niily. Oreijoii lies eoterininnus with the whole western frontier of the United States; it lie."» lictween Ui< and the Pa- cific ocean. It hems us in on the entire western frontier of tlie Ucpiihlic. It is hit,'hly important to ns for a;^ricultiiral and (tonnnercial purposes. It is alinitst indispcnsalile to us for our national defence nnd safety. From I'ritaiii, the otln'rclaimnnf, it is remote. She can desire it only for national a;;- Kraiidizeniciil and the j)ride of empire. Site needs it not for the naiionni salety or national existtMien. If ihefe facts luiii'.; us within the jtriiiciples of title "by eontiy;uiiy," as recoi^/iised l>y international lasv, then upon that principle we claim it. Aiimv me, .sir, to add one other evidence of title to (Jre- i;on; I introduce it hy way of plea in i>ar to Gvi-n\ Hritaiii. In the sixteenth century (treat Britain, hy charters, granted to the colonies of Viri;iiiia ami Massachusetts all land.s lyini; helween crrtain ptir- iillels of latitude across this coiiiimnt, "from sea to sea." All the territorial ri;;hls wkich nriiain then had, rested in the colonies between tlielimiis men- lioncd from the Atlantic to the Pacific These diartcred limits embrace nil, or nearly nil, of Ore- •;;on. In 177(5, these colonies were renels; in 17H;j, they were victors, trentin;^ on terms of nnlioiial in- dependence and national equality with their former sovereign. By tiic treaty of llHli, Britain nc- knowledgcd their indejiendcnce, and le''t them in the full nnd j^cnceablc enjoyment of nil the territo- rial rights, ns granted to the colonies by the char- ters, without any reservation or exception. The colonies to whi<'h these grants were made, have since ceded all their territorial rights beyond certain limits, to the United States, where the title is now vested. The question now c,ome.g np be- tween Britain, the grantor to the colonies, nnd the United States, as assignee of the colonics who were the grantees of Britain, under 'he hand and seal of her King. Can we not, then, successfully set up in bar of Britain's claims, the titles granted by her King, signed, sealed, and delivered, in ]C,'>% nnd 1620, and by her ae:ain ratified and confirmed in 1783, against any claim she can now mnl^e ? By lier charters she conveyed all the rights .'^lie then liad, and by the same grant she estopp -d herself from afterwiirds acquiring any further rii;hls in the country, unless by purchase or by conquest, neither of which «he now prrfrndfl to claim. I will ndr Hir, one more muniment of title, niiil the lanl: . is the title of the gentleman from Illinois, " incvi' able destiny." 'I'liere is more in this nrgumfii' sir, than appears upon the siirlacc. If, by pr)litic, derelictions, arising either from political nmbitioi seclioiiiil jealou.sies, cupidity, avarice, party ho.'- tiliiy, forciijn attachmeiitHand toreii;ii iiiterestfl, w should |os(- Oregon now, by inevitable destiny will be recovered. Sir, nations, like men, pa." throiiL'h iiif.incy lo the vigor of manhood, and thi ilie decrepitude of hoary age. If we are true t ourselves and preserve our glorious Union, win our vast and fertile empire shall sustain its (it't million of freemen, the sails of our commen wliiii'ii ev( ry wave, and our navy ride triumphal oil every sen, then, sir, we will win on (he battl field what we may this day lose in the couni chatnbfT. Thus will inevitable destiny give i; ()reg<in. Upon these five several grounds I \>n> our rivals in and title to Oregoti, and leavi; each f him.srlf to decide upon the force and ellect of tl, proof adduced. Mr. Chairman, before I prnecfd to state ihccv dence upon which Britain rrsts her claim and pr< tensions in Oregon, allow me to notict one inqMii tant fact, wlii.li is now a matter of hi.story an cannot Ix- denied. It is tl . that in all the dipl< matic discussions which have taken jilace betwei the twoCJovernmenis in relation to Oregon, from tli treaty of Ghent in |H|4, down to the year IS^t Fiiigland b.ised her claims exclusively upon tli discoveries of her niivii^ators. The Nootka coi, veiitioii was never named in tluse diseiissions urn Mr. Htish, the Ameri(!!ui Minister, introduced in ).'-<2fi. In IHr>(J Britain changed ground; sh abandoned her claims by discovery as the sol grounds of Ik r title, and planted herself upon tli Nootka convention. Ami why,sir,wasthischang' The reason is obvious. The discussionof thisciue.- tioii lead the Ministers of the two Governments i trace back their claims respectively to their origii in the log-books, daily jour lals, and contempor,i neons writings of the several navigfitor.s upon whos discoveries the title of the claimants must stand e fall. Before this inve.stigation the British title fadti away, and its inevitable overthntw was foreseen ii her statesmen: the American title grew bright( and stronger at every .step. The British negoiia tors, to avoid defeat, in 182G changed ground, aii^ look shelter behind the Nootka convention, upe which the title on her .side i.s now mainly rested. 1 shall now )iroceed to state the claims and pn ten.=iions of Britain to Oregon, as she has mad them, durin;: the thirty years negotiation on thi subje(;t, first by discovery and exploration of In navigators, and. secondly, by virtue of the Noo; ka convenlion. In the eiU'ly part of her negi ti.-ition, and whilst Great Britain predicated h( claims upo'i discovery and exploration, she con. menccd with the voyage of Sir Francis Draki Sir, what was that voyager On the the ISth >■ December, l.')77, Drake .sailed from Plymoutl; Ktigland, o.steiisibly for a voyage to Egypt, hu really, as the sequel proved, on a predatory c.'i cursion against the S|)anish settlements in Amer ica. In September, ].'>7S, he arrived in the Pncili near the Spanish settlements there, and after plui: dcring tlieir towns and ships, and filling his vess' 9 iiini. F will ndr I'm! the lasl: lllinnis, " idcvi' II lIllH Mri;;iiirii II' If, hy piilitic, •nlili«al ninl)itii)i iuiof, parly li(»> <ii,'ii inlcrf'Nts, vi vitiihic destiny , liNc niin, )ms iiiIhukI, ami tli< '" w I' arc iriip t lis Union, win NiiHiiiin its lift •Mir rnnimun i<ln tiiiiniphai n nil the ItattI' in t\w cdiini cMiiny c'lvv. \, u;riiiuiils I l)a^ ..j| if'avf! « iich fi und ert'ccl of th il to Ntatn tliccv. cv riaim and pn iitticf onr ini])(); r of history nn t in all the dipl> en plane lietwcc ()rcii;on,(Voni tli 1 the year isyt isively niion tli he NootKa co( (lis(\iis.sioii,s iini rr, intrndiicod [■pd i^ronnd; sh .Try as the sol hrrself njion tl' , wastliisi'liangi »siono('thisque.< Governnionts t y to their orit^it iiid <!ontenipora iitoi-snpon whos Its must stand d Hritish title fadei 'Was t'orcsren h i^rew l)right( llritish iiCf,^oti;i ged j^rnund, an. onvention, iipn mainly rested. ! I'laims and pn s she has mad jntialion on the ploration of Ik tue of the Nooi irt of her nego 1 predicated he ration, slio com Francis Draki the the l.Sth i^ roni riymoutl; ; to Eii;ypt, hu a predatory ex ments in Amfr (d in the Pncili , and after pliii: filling his vess' with the spoils, in the fiprinjt of ITiTO, hf^'onclnded | nruto slrrnm that einptiml into the Slrnii« of I'ucn. til ixtiirn home. I'lariiif;, if he yailed Hoiiih l)y ' ui laliliide i\P. Did (Jreat Mriniii ever follow no Ma<;<'llairs Strait, the SpuniardH would inler<'ept him, he .mailed northwcHt to ahonl the I'Jd de^rte of laiitnde, when, l>y Htress of weather, he wu.s driven hark to latitude .■K\ when h; landed in Cilifornin, n fitted his vescel, n lo.iiin d till the spriiii; of iriHtl, took posseHsion of and I'alled the place .\ew AMiion, and in Septemher, I.Xl, he ar- rived ill Kn;;laii(l. This is ilie .ucoiint of |)r;ike'H voyai/e, as i;iven in l')H!> hy I'rainis Pretty, who was with Drake, and which i:^ doulllle.s,^ correct. II(! never touched the short! north of the .')i^th dt- i;Tee, whirh is tw<i de'^rees south of our southern lioiindary. Enirlaiid does not now rely upon Cook'.; voy- ai;c for title. In 177(1, two ceniurics aficrwanis, th(! next ISriiish navi<;ator who a[>p< an d in the Pacil'ic was Captain James Cook, who was sent hy the Iiriii.sh t Jovernimnt on an exidorins: ixpe- dition, with instructions to take possession of such places as he mii:hi discover, whii'h li id not al- ready lieeii " disriivrtil or visited" by oilier iiaiiniis. .After a voyaire of near two years, in which he visited Van Dieman's Land, N'ew'/ealand, Friend- ly and Society Jslaiids, and other places, on tlit^ 7ih of March, 17HH, he arrived oppo.site the northwesi coiust of America, in lalilutle 44°. the dtsioverieM of any of her iiavi:.;.ilors hy poH- S'ssion and setiltmeni' If sin did, slie haii iieviT to tluN d.iy furnished tl.r world witli the evidence of II. The first setllemint ever made liy a Uriiish Huli)e.'t %\ I -I of the Hocky Moniiiaiiii was made liy .McKen/ie, in the year |f<Otl, whi 11, as an a;renl of till' .Northwest l-'iir <'ompaiiy. he estahlisheil ii triulili? post oil the 'i'aciicliee Teesi , ill latilnde .'>4^'. 'I'his IS the i'ritish title, mo far as it rests on dix- covery I'V licr naviuMlors and Mdvt ir/ie.and these are all she ever made. ( )f all the discoveries of each iinlion I hase L'iven oiilv the outline, the dales and pIfK'es, when and where, and hy whom they were madf . Want of lime compels nit! to omit the details. Mr. CliMirmiu), a caref^il and accurate examina- tion, nil analysis and comparison of the aiHheiitic evideiicfs of the title of the iire.seiil claimants, as the saiiK! is found in the loij;-liooks, journals, and contemporaneous wrilniL's of the several navi- irators and otheis who discoverid and explored ill, It country, will fully sustain tlw ruth of this proposition: that tli" Pwiiiaiors of I5iilain never made an oriiiiiial di.sc,.,,ry of an important [inrt of the territory in dispi ' . That her navij^alors made exploralion.s • *" pi 'cts previously di.^covered Thence lie .sailed north to .Nootka Sound, where and explored hy Spaniards and Americans, will noi he landed in Ajail, 1778, remained there near ' ' ' ■ • ■' ■ ' - '- ;..:....i .i.o_ one monih, refittiiiir his vissel, and supplyin:; his he denied; hut iliat she i;\vT made ,iii ori-inal iIih- covery of iinpculaiice in thu' territory, remaiiiH vol Id l,e proved. .Mr. Chairman, le' us next examine the Nootka conveniioii; that lieiin^ liie other lirunc.li of iJritish I'i.iinis. .And. sir, wl.at is this conveniion ' By whom was it made.' And can any rijzlit or title to Cook ((Mitinued his voya;,'e until tin; ifilh of Fel)- ; the sovereignly or the soil of Orcijon he derived ruury, 177!), when he was killed l.y the natives at from or pri!dicated ii|>on it. It \s a convenrion en- Owylwe, one of the Sandwich i.slaiids. Fn^'land tired into hy Spain ami 15riiain in 17'.)(l. 'I'he cir- (iun ilaiui nolhiiii; from his discoveries, f)r the rea- cuni.^lances liiat sravt! rise to this convention, and son that Pere/, on the part of Spain, had '-dis- which are hiiihl'- impcniant to its true interpretu- d, visited,'' and taken [losscssion of Nootka, tion,are hiielly these: in 17.SH two trading vessels ship with wood and >^-. iM-, and trailniir wiili th natives. Cook took pos.-'tssion of liie place, naiucil it St. Cieoriri '• May, and the cove, l''riendiy Cove; thence proceeded north on his voyiu:<', hut made no further discoveries in tlu! disputed territory. le ifilh of Feh- eoverei in 1774, four years hcfort; Cook (!ver .saw it. were fitted oiit at Macao, in China, for a tradinfr In 17«7, John Meares, who.se acts are iniiinate- ex|iediti<ni. Upon one of them, John Meares was lyconiiectt;d with the Nootka convention, and will supercargo, in the employ of a I'ortuiruesc mcr- he ineniioiicd hereafter, in the capacity :'r super- chant. Slu! sailed iiniler Portu^juese colors, was cariro in a Portu:,niese trading ship, visted Nootka. ; comiiianded hy a Portiisjuese ca]itain, her passports In 1793, Vancouver visited the Straits of Fuca. and .sea pajiers were made out in the Portutuicse I .n- This was two hundred years after Fuca had dis- u'uau;e, and hy authority of a Portui^uest.' colony, covered the f iiirance of tin se straits, and three ; the vessel and cari^o heloiiiriui: to Juan Cavello, a years after Captain Gray had sailed into them tifty \ Portuiruese merchant. In 17k'^ this ship (Felice) arrived at Nootka, on her tradinc; expedition, four years after Perez had discovered that place. Mf.arcs while there )irocured from Mariuinna, an Indian chief, at Nootka, a^^rantof privileije to use a small sj:ot of i;roun<l in Frieiuily Cove, upon which to con,>iruct a small tradiiic; ves.sel, on condition, that when he Id't, he ( Meares') would surrender the same miles. In 1787, Perlceley, then in tiie service of the .'\ustrian Fast India f'ompany, saw the Straits (if Fuca, hut did not enter them. In I'l'VA Alexander Mi-Ken/.ie, an ai^ent of a fur company, passed from Fort ('hippewayne soulli- west across the (country, and discovcied the head waters of the river Tacuchee Tecse, (now called | hat k to the Indians, v. illi any l(uildina;s he mif^ht Frazer's river,) down which he and his lloated in cantics two hundred miles, the _ streams, passed hy land westward to the Pacific, | the l''clice was landed at Nootka, to huild the pro where he lu'rived iii July, 1793, in latitude 5^^ Hi)' From thence he returned hy land to Fort Chip)ie wanj'c, whence he had started, making no other dis(;ovcries. So little was known of this stream, that, u[» to 1812 it was believed to he a branch of the Columbia, when it was discovered to be a sep- posed craft, and Meares .sailed south along the coast on a tradin"; and cxplorim:; excursion. In July followins, Meares returned to Nootka, and ftiiind there two American ships, the Washinjrton and Columbia, before mentionetl; also found his new vessel, which was called the Northwest Ame- I 10 rii'a, ronstru.'lfd. Mmirs trmk upon his vrss-cl tlu; furs lliut had hcen collected, mid sailed for China, and fronn that time to the p rsenf , John Menres lias never seen Nootkn Sound. Tlieotlier two vchsoIs, the Ipliij^enia and Northwest America, spent tlic foilnwinf!; winter at the Sandwich Islands. Mearcs had promised to meet this ve.«.s('l at Noolka in the .-prmjr of 1789, to pursnc their trade. At this time, the Spanisii Government had be- come dissatisfied with and jealou.s of the frequent ai)p(;arance of foreign vessels on the Pacific coast, over which she claimed to he the exclusive mis- trea.s. She therefore commenced more vigorously to prosecute her discoveries, and assert her rig;lits. Early in the spritis; of 17Hi», in pin-siiancc of this determination, Don Manuel de Florrs, then vice- roy of Mexico, fitted out and despatched two armed vessels, with the necessary implements for settling and defending Nootka. These vessels were commanded by Martinez and Hero, two Spanish navigators, "who were instructed to pro- ceed to Nootka to take possession thereof in the name of Spain, to treat with civility any British or Russian vessels that might come to Nootkn; but, at all hazards, to assert and maintiiin the sovereiijn- fy of Spain at that place. On the (ith of May, 1789, Martinez arrived at Nootka, took possession of the place, landed his cannon, and other materials for setilement and defence. On his arrival there, he found the vessels Iphigenia and Northwest America. They had arrived on the 20lh April, 178i), still sailing as Portuguese traders. He also found anchored there the two American ships, Washiiiirton and Columbia. After taking pos- session, he informed the commandants of tlie ves- sels lying there of his intentions and instructions. They made no objections, but apjieared satisfied with what had been done. Things remained thus for about one week, when Hero arrived. Martinez tlicn demanded an inspection of tlie papers of the Portuguese ve.ssels, which was gratited; and by the translation of these papers from the Portuguese language, Martinez was informed that they Were instructed to take all English, Spanish, and Rus- sian vessels that were inferior in fon^e, and send them to Macao, to be tried as pirates. Martinez thereupon seized the Ijihiocnia, her officers and crew, and was about to send them to San Bias, a Spanish port, for trial, when the officers agreed for and on behalf of the reputed owner, Juan Cavello, that if they were released, and afterwards upon trial condemned, the condemnation-money fihould be paid; and accordingly they were re- leased, and soon after left. In June, "the North- west America returned to Nootka, and was also immediately seized; but aHerwards returned to her owners. It afterwards turned out that these ves- sels, although sailing under Portuguese colors, were the property of John Menrcs and lii.s asso- ciates, British merchants trading at Macao; and the piratical disguise had been assumed for the Durpose of defrauding the Chinese revenues. John Meares then left the coast, and arrived at Macao the same year. These merchants, with Meares at their head, fitted out another expedition, the .ships Argonaut and Princess Royal, commanded by Colnott and Hudson, two Englisli officers, and sailed under English colors. On the 2d of July, the Argonaut arrived at Nootka, and found the Princess Royal tliere. Martinez demanded an inspection of their papers, which was complied with; and, upon inquiry of the intention of their cxiicdition, was informed that they intended to erect a British fort there, hoist the Briti.sh flag, and lake possession, Martinez told them this could not be done, as the place was already occu- pied by Spain. A quarrel ensued; the Spaniard arrested the commandant; seized the .ship, and sent her to San Bios for trial. She was afterwards re- stored by Ciuadra, on the ground that the British commander was ignorant of the Spanish rijjhts. Under these circumstances, the Nootka conven- tion originated. Information of these difficulties Iteing communicated to the home Governments, England and Spain, a discussion of their re- spective rights was commenced at London and Madrid. In February, 1790, the Spanish Minis- ter at London informed the English Government of the capture, and requested that Government to restrain her subjects from furtlier intrusion upon the Spanish settlements; to which the British Min- ister replied, he would not negotiate on the sub- ject, unless immediate re.slitution was made for the vessel v.hicli had been seized. This reply, with the circumstances attending it, convinced Spain that England had other designs. Tiic Spanish Court became alarmed; and another note was ad- dressed to the British Minister, saying that Spain would be satisfied if Britain would command her subjects to respect the rights of Spain in future. About this time (May, 1790) John Meares, now representing liimself to be a lieutenant in the Brit- ish service, arrived from Macao at London, with a memorial to his Government, on behalf of him- self and his associates at Macao, who were also represented as British subjects. In his memorial he set forth that four British ships, with their car- goes and crews, liad been seized at Nootka by an officer commanding two Sfiaiiish ships of war, and sent to a Spanish port for trial; also, that he hud been dispossessed of certain houses and tracts of land at Nootka. This information the King of England immediately communicated to Parliament, denying, at the same time, the exclusive rights of Spain to the territory in dispute, and asking for supplies to prepare for war. Negotiations were closed at London and opened at Madrid between the tM'o Governments. Meanwhile Britain was making extensive preparations for war. She equipped two large fleets, at a cost of <f 4 ,000 ,000. Spain also armed. The ulterior designs of Britain to wrest from Spain some of her American posses- sions became manifest. The Spanish Government, to avoid difficulty, proposed to submit the whole matter to the arbitrament of any of the Kings of Europe Britain might name, and to satisfy any award that might, upon substantial proof, be made against it, provided no inferences should be drawn from this offer affecting the territorial rights of Spain in America. This projiosition was accept- ed by Britain as to the indemnity; but coupled with the acceptance was a demand that Sji.iin should admit that British subjects might fish on any part of the Pacific const, and trade and settle on any unoccupied part of tlie American coast. The Sj)an- ish Minister proposed to admit the right to fish and trad coast so was nji proposes of:u". tion was .vhich V gotiatio months, to an anxious aniicab of forty armed gr(.ss ot and all bloody she mil thillg^^, than an off the some Briii.'^ he bad toriiil ( ! 11 mill trade in thr open son, but not to settle on the i ed of nny Imusps or lands nt that plarr. Quadr.i (•nasi south of the 51st dep;ree. This pronositinn ' inf|iiirnd of tlic Indians if any lands had l)i'en sold was njeeled hy the liritish Minister, wlio then \ to .Tol\n IVTcares, and tin y rrpiird there never had proposed to divide the territory npon the ]iarallel liren. He next proeurcd the testimony of the of :J1". This lieing; rejected by Spain, a proposi- i Anieriran captains, Gray and Inu:raliuin, who tes- tion was then made to divide by the 40th parallel, | tified that tliey were at Nooika in 17SH, and also .vhich was also promptly refused by Snain. Ne- : during all the difficulties between Martinez and the tjotiations had now been continued about eight : IJritish traders in 1789; that they could converse months, and at this point appeared to have ronic ; perfectly well with the Indians, and never heard of loan unfavorable dose. All Europe had been i any purchase of land havins; been made by Meares. anxiously watchins; the proj^rcss of this attempt at | Their testimony as to buililinc:^ was taken in wri- ami<'able settlement. France had equipped a (leet i tin<r, is yet extant, and i.s as follows: of forty-five sail. Beljrium and Russia were also | " On the arrival nf the Columbia, in the year armed." British statesmen seeiuj; the fearful pro- ' 17H8, there was a house, or rather i hut, eonsisf- ijres.s of revolutionary principles on the continent, ' insjf of roun'h posts, coverf:d with boards, made and all Europe armed, they clearly foresaw the ' by the Indians; bu« this. Captain Douglass pulled bloody conflict wliich would ensue, and in which ' to pieces, prior to his .«?.i!ing for the Sandwich she must necessarily act her part. In this statt^ of | ' l.slands, the .same year. The boards he took on things, she concluded it was better to make an ally j ' board the Iphigenia, and tlic roof he gave to Cap than an enemy of Spain, and tliat she would put otTthe settlement of title to the Oregon territory to some more convenient season. Accordingly the Uriii.^h Minister withdrew the y)roposition, wiiich he had made fixing lines and boundaries of terri- torial divisions. Negotiations were renewed with 'tain Kendrick, which w.is cut up and used as ' firewood on board the Columbia; so that, on the ' arrival of Don Mrrtin."/, there was no vestige of ' any house reniaining." — Proofs and Illuslrations to (hrenlimo^s Oj-fi-oo, /). 415. Vancouver procured testimony of Mr. Duflin, Spain, and in a short time the Nootka convention j a British seaman, who said he was with Meares in was concluded upon, and, on the 28lh October, j 1788, and that, on the 17lh May, 1788, he (Meares) 1790, was signed by the Plenipotentiaries of the 1 purchased of Marpiilla and Callicum, two Indians, two countries, at the Escurial, and Spain became j the whole of Friendly Cove, for which he gave the ally of England. This, sir, is briefly the liis- | them some sheets of copper, and other trifling ar- tory of the INooika convention. The next inrpiiry | tides. Meares's own journal, pages 113-14, has is to determine the true intent and menninj^ of this ■ the following entry: treaty by the ordinary rules ^. construction. Of | "A present, consisting of copper, iron, and what nature is tliis convention? Is it commercial I « other jrratifying articles, was made to the cliicfs or ttrritorial? What effect has it upon the ultimate j ' Marpiiilaand Callicum, who, on receiving it, took territorial riglits of the [)arties? I shall only notice ; ' off their sea-otter garments, threw them, in the so much of it as tends to form the issue I made, j tluit our title to Oregon, south of Niotka, is abso- i lute and clear. Our title north of that has been too I ' most graceful manner, at our feet, and remained, ' in the unaitired garb of nature, on the deck." — Toj/ogf, ;). 113-14. Not a word about land. And also, on page 114, llie followinir: «' Maquilla had not only most readily consented ' to grant us a spot of ground in his territory, often and ably argued to require any aid of mine. The first and second articles of this convention provides " that the buildings and tracts of land of 'wliich British subjects were possessed in April, ' 1739, shall be restored, compensation made for i ' whereon a house miglit be built for the accom- ' ships or merchandise of British subjects, which | ' modation of the people we intended to leave there; ' may have been seized or taken from tliem in ] » but had promised us also his assistance in for- '1789." The fifth article, and most material one, I ' warding our works, and his protection of the is as follows: i < party, who were destined to remain at Nootka "Art. 5. It is agreed, that, as well in the I ' during our absence. In return for this kindness, ' places which are to be restored to the British j « the chief was presented with a pair of pistols, ' subjects, by virtue of the first arti(;lc, as in all i ' which he had regarded with an eye of solicitude ' other parts of the northwestern coasts of North | ' ever .since on inival." — Toyftgr, p. 114. ' America, or of the islands adjacent, situated to j Wliaf, then, becomes of Mr. Duffiu's evidence.' ' the north of the coast alr>\'idy o'ccufiied by Spain, ; Is it prcjbable that Meares, in 1788, .sailing as a free ' wliercver the subjects of the two Powers shall i trader under Portuguese colors, would buy lands ' have made settlements s-ince the month of April, i in the name of Euirland ? Meares's ov/n journal ' 17c9, or shall hereafter make any, the subjects of contradicts Duffin,and shows that he never bought ' the oilier shall have free access, and shall carry any land, but that he merely had the privilege of 'on their trade, without any disturbance or moles- building a vessel on a small lot of ground. In this 'tation." state of the case, Cluadra very justly maintained (The sixth article refers to South America.) | that Meares never po.sse.ssed any houses or lands at To execute this convention, Britain appointed ' Nootka. He admitted, that by the convention, Vancouver and Spain Q.uadra, two distini^uished I England had a joint right with Spain to make set- navigators. Tiicy met at Nootka in August, 1792, tlemi'iUs and trade north of Nootka, but not south, each under instructions from his Government, ' After long negotiations, these commissioners could but neither I'ul any description of the " lands or ! not agree. The case was referrcil back to their houses" to be restored, or any evidence tliat Brit- I respective Governments, with the evidence they ish sulyects had ever been possessed or dispossess- I had taken, for further instructions; having agreed 12 thntNootkft should in the mean time he consiileicil a Spanish sctticniont, and to romaiii in tiio jios- Bcssioii of Spain. In OctobtM-, Vancouver left .Nootka. In 1794, he a2;ain visited Noolka, and found I]|-iii:adier Alva, a S|)anisii olTic.er, in pnsse.s- sion and conmiand of tlie place; Cinadra in the mean time havini; died. Vam-uiivcr ii.ivini; re- ceived no furtlierinstriulinns fniniliisGoviTiiiTient, he returned iioine in 171)4. Tiierc is no autiienii<'. evidence lliat Nootka ever passed from tlie jios- se.«!sion of Spain to that of Rn;;!and. Ik'Isham, a iJritisli iiislorian, .says tliat the Spanisli fia^^ never was strucl<, and ihat the torritnry was vir- tually aliandonedl)y the En<;lish. What inlcri^ri:- tation was p;iven to the convention hy British statesmen after its adoption ? I,et them sj.cak for thenisclves. (sharks .Tames Fox, opiiosini; the convention, says: " What did we oUject to Ijcfore ' the convention hut to the indefinite claims of ' Spanish America.' Tliat ohjection still remains, ' for the limits of Sjianish America were .still un- ' defined." " Thus we liad girrn up all r\e;ht to srttle, except ' for temporary purj^oses, In the south of the Spmiif-h ' settlcincnls, or in the intervals belii'cen them, if they ' hapjiened to lie distant. We had olttaiiied an ad- ' mission of our ri^ht to settle to the north, and ' even tliat we had not olitained with clearness. ' As Spanisli settlcmcnis were the only mark of ' limits, s'lppose we were to meet with one farther ' to the north than wo expected, and a disjuitf; were ' to arise, whether it was new or old, it would ' be some diiricultv to .send out our builders to de 'e,ide,"&e.— ;). 995. What was the reply of William Pitt, then Prime Minister of Ena;land, and the. defender of the convention? lie .says: "Althouf,^h Britain had acquired no new ri!,Hits,shc certainly had acijuired new advautaijes."' Thus, sir, it will he seen that Fox, Pitt, and duadra, put upon the ,'itli article of that convention the same constructifin we now [)ut upon it — the oidy true one its lanijuasi^e will admit of: which is, that Britain had precludeii herself from claimiiii^ any territorial rights situate to the .south of the parts of said coast already (October, 1790) occupied by vSpain, and had secured nothini,' but a joint right with Sj)ain to trade in the country north of the most northerly Spanish settlements on that coast, lea. -ing the question of sovereignty ill abeyance. If, then, I have shown that there was a Spanish settlement at Nootka on the 28tli day of October, 1790, that John Meares liad " no tracts of land or liouses" there to be surrendered, and that the possession of the Spanish fort and settlement at Nootka never passed from Sjiain to Britain, the conclusion must follow that our Span- ish title alone is good against Britain U[) to that point — she, by the terms of the convention, hav- ing relinquished all territorial rights south of that place. If Great Britain had no title South of Noot- ka in 1790, she has none now, she has ac(|uircd none since; and we take up the question of title at this time — so far as we rely upon our Spanish title — just where Florida Blanca, the Spanish Minister, left it in 1790. On the 5ih day of April, 11S24, a treaty was concluded between the United States and Russia, by which the division line lietween their territories in Oregon waa fixed at 5 J° 40' — Russia on the north, and the United States on th(> ' .south, of that line. Theri, .sir, the rights (,f all chiiinants in Oregon have been (jxtinguished, and acquired by the Uniti'd States, except that of the Knglisii; ami she herself has thrice graiUi-d them ;\way to others, from whom wc have a< (piired them. In the sixU'cnth century, she granted all the rights she then had to iier colonies, and confirmed the grant at the treaty of 17K;J. In 1714, she grantt:d all to Fr.ance south ol' 49°, and wc now own that. In 1790, she extinguished her claims south of Nootka, acknowledging the right to be , in Spain, and we now hold Spain's riirhis. Add to these our own title by discovery and setilenient, and by explorations, contiguity, and inevitable destiny, and you have before you the Anii'rican title to Oregon, which vests in the United States : the absolute and exclusive title south of Ni>otka, i and also the l>ctter title north of iliat point. Sir, : wt! hold too clear and strong a title to Ore^jon to be j bullied out of it, and too high and valuable a her- ; itage there to be bought out. Mr. Chairman, two things yet rem:iin to be brief- ' ly consideri;d; first, our conventional stipulation.-j ! with England touching Oregon ; and, sei-ondly, ; some of the objections urged against the passage of ! this resolution. Our conventional sli|mlations, : what are they .' I will endeavor to show. At the Ghent treaty, in 1814, amongst other important national questions which were left unsettled, Wiis I our northwestern l)()undary. Shortly after that i time, negotiations v.pon that subj(>c,t were renewed, ! and continued up to the year 1818, without arriving ! at any satisfactory conclusion. On tlhe i20lh of Oc- I tober of that year, a convention for the joint use of the territory was concluded between the United States and Great Britain, to prevent difficulty and collision between the citizens and subjects of the two countries who might inhabit that country, until the question of tith; should be settled by their rc- ' spective GovormneiUs: of which conveiitioa the j third article is as follows: « j " It is agreed that any country that may be j ' claimed by either party on the northwest coast of j ' America, westward of the Stony Mountains, I ' sliaii, together with its harbors, bays, and creeks, j ' and the navigatini of all rivers within the same, I ' be free and open for the term of ten years from 1 ' the date of the signature of the present coii- ' vention, to the vessels, citizens, and subjects of ' the two Powers: it being well understood that ' this agreement is not to be construed to the ' prejudice of any claim which either of the two ' liigh contracting parties may have to any part ' (jf the said country, nor shall it be taken to aU'ect ' the claims of any other Power or State to any ' ))art of the said country; the o.ily olijcct of the ' high contra(;ting parlies, in that respect, being to ' prevent disj^utes and dilferences among thcm- '. selves." This convention of joint use continued in force near ten years more of* fruitless negotiation; when, on the 6lh day of August, 18:27, another conven- tional agreement was made by the negotiators of the two Gover.nments. By tin; first article of th ; convention of 18:27, tin; third article of the con- vention of 1818 was extended indefuiittty. The second article provides that either of the contract- m 1 Siatns on i\^(^ riiiliLs (,f all IL^'uisllC'd, (liul I. tli.il uf the !;niiit(^d tlicin ;iV(! ar([iiire(] granted all the nd coiifirmod 111 1714, she I and \vc now d iiir clahiKs e ri^ht to he riirlus. Add 1(1 sciilcnuMit, lid iiH'vitahJe lie American United States 1 of Nootka, '. point. Sir, Oregon to be iuahle a iier- iri to he hrief- I sti|)iilationd d, secondly, he |)as.sa2;e of stipulations, low. At the er iin|iortant nsettled, was ly after that ore renewed, hoiit arrivinjjj m; :2Uih of Oc- tlie joint use m the United lirtk'ulty and hjects of the ountry, until by their re- iivei.tioa the luit may be ^vest coast of Mountains, , and creeks, in the same, years from iresent eon- subjects of erstood tlial ■iM'd to the of the two t'i any part ken to allect tate to any bject of the ect, beinjj to iioni,' llicm- led in force itioii; when, er coiiven- i:;otiators of •tide of th ; if the eon- ii;</iy. The le contract- 13 ing parties can, at any time after the 20th of Octo- ber, 1838, by j;^ivin£;the other party twelve montlis notice, annul and abrop;ate tiiat convention. The third article provides tlint nothing contained in this convention shall be so construed as in any manner to affect the claims that cither party may have to any territory west of tlie Rock y Mountains. This convention settled no territorial rights of sov- ereignty or soil, but was a mere temporary ex[)e- ; dierit; leaving by its own terms the (juestion of territorial limits and title in abeyance. At)rngate ; this convention, and in what situation do you place the riglils of the United States in Oregon .' Sir, we will then be restored to the enjoyment of our ri'^hts as they were on the (Uh day of October, ]y]8, and on that day we had not only the right of properly • and the right of possession, but the actual posses- sion. On the 14th day of February, 181^, it was ' admitted by Lord Casilereairh that we had a riglit to be reinstated in the [xissession of Astoria, and to be the jiarty in possession while treating of the title, and for whicn purjiose his written order was ; issued; which was duly executed by delivering to ' us the possession of Astoria and the Columbia on the Cih of October following. But unfortunately for American interest in Oregon, on the 20th of tlie , same month this convention of joint use was made ' nt London, without knowledge that Astoria had been surrendered, and by which Great Britain was allowed the joint use of all the country ehiimed by Us west of the Rocky Mountains, together with the ' harbors, bays, creeks, and navigable rivers thereof. ■ Had Great Britain any rivers, harbors, bays, creeks, or territory, there, for us to possess in com- ; mon with her? No, sir. There was but one great I river there, which drains all Oregon, and that is , the Columbia. Great Britain admitted our right | to the possession of that stream, and by her written l order we obtained it fourteen days before this con- vention was signed. Great Britain liad no harbors, bays, or creeks, in Oregon for us to enjoy in com- mon with her. Tlie convention, in its inception, was altogether one-sided. Wc gave all, and got nothing. Sir, I want this convention abrogated. I desire to be freed from its trammels, and that our Country be restored to the riglits she possessed be- fore its adoption. What has been the practical efi'ect of tliis convention r Wiiy, sir, it has brought Us nothing but the bitter fruits of disappointment. It drove our citizens from Oregon, and converted American soil into a British province. It gave to the Hudson's Bay Company the exclusive jkisscs- lion of Oregon, and the undisturbed emoyment of its trade and commerce for a quarter of^^a century. It deprived us of the benefits of the rcstonuion of Astoria under the treaty of Glient. It rendered atill more complicated our difficulties with Eng- land: it added new coloring to lier pretensions, by lapse of time, and she now sets up against us that by it we admitted she had rights in tliat country. Sir, it has been the source of unmitigated evil to diir interests in Oregon, and for a time destroyed dl we had there, except our right to the country. These, sir, are the fruits of this convention and **maKlerly inactivitiy for a quarter of a century. Mr. Chairman, we have tried masterly inactivity long enough. We want no more of it. We now Want a little masterly activity. Up to the year 181B, the greater part of the trade of that country was in the hands of American citizens; but tho uii[)rotected citizen, under the operations of this joint-use convention and the withering influence of masterly inactivity, was unable to withstand tho encroachmcnl.s of the Hudson's Bay Company, backed uj) and supported by the masterly activity of the British Government; and thus the exclusive possession and trade of the country fell into the hands of that company. Since 1837, our Govern- ment has turned its attention to Oregon. Our western pioneers, encouraged by the action of Gov- ernment, connneiu'cd as early as 18.39 to return to Oregon. .As the measures of the Government pro- gressed, the tide of emigration increased, until we now have in Oregon some seven thousand citizens, wfio have formed llDurishiiig settlemciita at Willa- mette and Wallawalla, and claim our protection. We can grant them no adequate, permanent, or exclusive riijiits or lumie.', until this convention is abrogated. But, say gentlemen, if you give this notice, you will iiroducc a war. Tliat caa afford no just cau.se of a war. It is a treaty stipulation, and we have a right to exercise it at all times, and so can Great Britain. But, say they, what will you do then? Why, sir, we will extend our laws and jurisdiction over ourcitizcns in Oregon, and throw around them the sliield and protection of the Gov- ernment. Can Great Britain com[iIain at this? Certainly not. What has she done for iicr Hud- son's Bay Company? In lG6i), King Charles 71, of England, granted a charter to this company *o trade on Hudson's Bay. This company increased in power and importance, and stretched itself across the northern region of this Continent. In 1819, by the influence of the British Parliament, the Northwest Company was united with, and now forms a part of, the Hudson's Bay Company. On the 21st day of December, 1821, by an act of Par- liamem. Great Britain granted to this Hudson's Bay Company the exclusive privilege of the trade and commerce of Oregon for twenty years, down even to the Mexican line, excepting from that grant only the right of American citizens to trade in conmion with that company, under the conven- tion ; and by the same act .sue extended her laws and jurisdiction over Oregon, estalilished her judicial triliunals therewith civil and criminal jurisdiction. In 1838, that privilege was continued for twenty- one years more. Yes, sir; British laws liave been in full force in Oregon, ever since 1821, and are yet in full force tiicre. True, they do not attempt to enforce their criminal laws against our citizens; but the Hudson Bay Company found other means just as efTectuai to drive our citizens out of the country. Sir, our citizens have now returned to Oregon, they demand our protection: and will we give it? Yes, sir, we will; but wc will go no further with our laW; whilst this convention ex- ists, than Britain has gone. But, sir, two separate and independent sovereignties cannot long co-exist in peace in tlie same territory. Again, wc are ask- ed, will you csUiMish your forts? I answer, yes. We will estalilish a cordon of block-houses and stockade forts, from tlie upper Missouri to the Rocky Mountiiins, for the protection of emigrants, granting prospective pre-emptions of lands to set- tle, at each fort, that provisions irwiy be supplied j 14 I and wc will place there, our mounfed riflemen, to i pro^c('t tlicm. Can Britain complain of this? No,' sir. Wc are told she lias now thirty forts in Ore- ! con, upon which floats the banner of St. George, j Should our citizens settle and improve the coun- . try, Britain cannot complain. She has nindo n ' ficttlement at Pugct Sound, in latitude 47°, on the ■ most inland arm of the sea, and which is destined | to lie one of the greatest commercial emporiums I in that cotintry. Sir, some gentlemen, who, but ' a few weeks since were as brave as Caesar, when a ' certain other territorial question was pending, whii-h | has now been happily consummated, .«aid to the ; helmsman of the snip of State, "»/Vc Hnus Cainarem ! ff/m," and who were then ready and willing, not ; •inly to fight England and France, for their interfer- i encc, but to fight " the world in arms," have by some unseen and mysterious influence, almost in the ! twinkling of an eye, become the converts to peace ! nud the alarmists of power. A change has come over the spirit of their dream. Sir, for the last five v.'ceks, at the opening of our session, every morning a British lion has been introduced into this Hall, to shake his gory locks in our faces, and awe us into submission. Shall we take counsel of our fears, and surrender at discretion ? Sir, that beast, pow- erful as he may be, is not invincible. Had Sam- son taken counsel of his fears, he never would have met and slain (he beast, and won and wore the prize of his achievement, or sipped honey from the prostrate carcass of this monster king of the forest. Gentlemen hr.v-e not stopped here with their pictures of to-, or. They have told us of the vast dominions of British possessions; that the sun never rises or sets upon her dominions; uo matter in what clime, her banner floats in the breeze, and the peals of her drum greet the ear around the circle of the glolie. They have counted her ships and numbered her cannon and her battalions of infantry. They have told us she holds the strong places on every continent, and the commanding islands on every .sea; that Giliraltar, INTuIta, and the Dardanelles, are hers; St. Helena, Good Hope, the Indies and China, are her outposts; the Bermudas in the Atlantic, the Sandwich and Falkland Ishnds in the Pacific, were her resting places, within stri- king distance of our shores. That she encircles us on the north and east by the Canadas, New Brunswick, and Nova Scotia; and, to appease her rapacity for dominion, we arc now to give her Oregon, and thus to shut ourselves out from the Pacific, and hem us in on the west. Are lliese the arguments of American statesmen, in an Amer- ican Congress? No, sir, they arc the arguments of fear. Yes, the very arguments the British Government desire to hear. Create alarm and di- vision at home, and encourage her obstinately to press her pretensions : you accomplish for her what she cannot accomplish for herself. You hear no such arguments in lier councils; her advocates and alarmists appear to be on this side the water. Sir, is it possible t?\.t that rock-girt speck of an "ocean isle," lashed by the waves of a northern sea, can hold the world in chains, and the nations of the east in fear and bondage ! That she has power, will not be denied; but that she is invinci- nle, cannot be admitted. The giant monster, clad in his panoply of steel, was slain by the striplin;- shepherd boy. Sir, what mean these arguments of gcnthinen? Do they tend to prove our title or dis{irove the claims of Britain? No, sir. Why, then , are they used ? They are the echo, in words, of the same arguments by which the British Gov- ernment intends to force her demands, by the pro- mulgation of her military preparations. They an the arguments of arms, which silence the voice of reason and coerce submission to unjust and un- founded demands. Who ever knew Britain tn negotiate on any important question, for centuries past, without first arming, and promulgating to th' world that she was armed? History doeu not fur- nish an instance. Sir, how and by what means has she extended her dominions? In the very same manner and by the same means she now seeks to get Oregon. Some straggling smuggler, such as .T<ihn Meares, or some marauding free- booter, as Drakc,eitlier by choice or accident, lands upon some unsettled shore; remains a short timr for temporary purposes of trade or repairs; he takes possession of the country in the name of hi.-; sovereign. No matter who has discovered or cx- jilored the place before him, he returns to England with a long and false account of important discove- ries. England wants the country ; she makes a grant to some colony or corporation; if their intrusion bo resisted by another nation, upon better title, Eng- land arms, and then proposes negotiation; but ii her claim be too new and fragile at that time tn bear investigation, or she is otherwise eiigagwl, a final division of territory and adjustment of claims is waived for the present. Some diplomatic con- vention is proposed and agreed upon, by whicli Britain is kept in possession, and in which art artfully interwoven extensive terms and complica- i ted conditions, to form the germs of future contro- j versy. For, sir, it has become a maxim that Bri ] tain never makes a treaty without planting in it the I seeds of its own dissolution Time rolls on. Hei claims, Ijy time and circumstances, ripen into what ; she then calls treaty rights; she refuses to go back of her conventions, plants herself upon them, in- ' sists uptm the execution of their terms as she con- strues them. If she cannot entirely monoiiolizo the country, at some convenient time tor her slu ! renews negotiations to settle boundaries, projioscs I arbitrary and unfair lines as a compromise, with- 1 out regard to the justice or injustice of the origin I of her claims. If her demands be not yielded lo, she arms, publishes in her gtizettes that her fleets are equipped, her garrisons supplied, the regiments filled, and tlien shakes her trident at the world, and demands a categorical answer, and thus co- erces negotiation, and she dictates the terms of the treaty, always being sure to have the lion's share. She now attempta to make that experiment upon us. Will wc submit? She has planted heivselt upon the Nootka convention, and construes it in her own way, without ever looking to the entire want of any just claims to base it upon. In 1788, Jolin Meares,a Portuguese smuggler, visits Nootkn and builds a boat. In 1790 John Meares is chan- ged into a British lieutenant, and his claims have grown into "tracts of land and houses." In 1815 this claim luvs ripened into a national right, and that too without either settlement or possession. s 15 liy the striplin;- lese arguincms ove our title or fo, sir. Why, eclio, in words, he Britisli Gov- iiis, by the pro- ons. They an rice the voice of unjust and un- new Britain tc )n, for centuries mulgnting to til' iry doea not fur- by wiint means ? In tlie very ncans she now i,'ling smuggler, maruudin;]; free- r accident, lands ins a short tinif or repairs; he tlie name of hit^ iscovered or ex- ,urna to England portantdiscove- be makes a grant heir intrusion be jetlcr title, Eng- gotiation; but if at that time tn wise engagwi, a stment of claims diplomatic con- upon, by which (1 in which arc IS and coniplica- if future contro- maxim that Bri )lanting in it the e rolls on. Hei ripen into what \iscs to go back upon them, in- rnis as she con- .'ly mon(>i)oliz( ime for her she laries, proposes npromise, with- ce of the origin not yielded to, s that her fleets d, the regiments at the world and thus co- the terms of the he lion's share, speriment upon planted henself construes it in iig to the entire jpon. In 1788. r, visits Nootkn VIeares is chan- his claims have laes." In 181.3 oiial right, and or possession. In 1845 it h.is grown into a joint r'^ht; a tenantry in common in an empire territory at nine hundred niiir.s in extent, of which she now demands par- tition. Sir, the possession of a large part of the Brit- ish empire was acquired by the terror of her arms; and is held at this day by the same tenure; with her metals in cannon and in coin she frightens the timid and bribes the venal. Her long career of national aggression has justly entitled her to the appellation of " plunderer of nations and the rob- ber of the world." Sir, I would not be so unwise as to underrate the power of her arms or the dii)lo- macy of her Cabinet. I would carefully study the prowess of her achievements, the strength of her arms, the history of her aggressions, the princi- ()les of her policy, and the mode of its execution; )Ut never, sir, no, never! while I had a country of my own, or a heart to love it, would I become the eulogist of her grealne.ss, the jiander of her interests, or the apologist of her crimes. No, sir; rather would I turn to the historic pages of our revolutionary sires, who achieved our independ- ence and founded our institutions, and learn frcmi them the price of our national freedom, and the true principles of policy to preserve them. Rather would I contemplate the glory of our achieve- ments by land and sea in the war of 1812. Rather would 1 trace the growth of our ])owcr and the perfection of our policy from that tune to the pres- <'nt, and carefully examine and compare our pres- ent strength with that of our adversary, and then calcul ite the chances of success. It is alike un- wise to exalt or depreciate the power of your ad- versary, or vaingloriously to boast or cowardly to disparage your own. Mr. Chairman, one passing remark. Should I ever be so unfortunate, cither by choice, accident, or in obedience to the behcstof some superior lead- er, as to find myself placed upon the nnti-American side of any great national question, I trust I shall never seek extrication from that position by avail- ing myself of the aid of any of that ephemeral ."spawn of venal scribblers, who infest every capitol and pollute every paper. But, sir, some gof tlemcn tell us this Is a President-making question. I have but a .■'ingle remark upon that subject. If any of the aspirants to the succession, or their friends, seek })romoti'"' ♦o that high office by gambling with the right.s of their country, or the integrity of her soil, upon the political chessboard, they will find the waysides of the road to the White House streveil with dead politicians. The American peo- ple will never by their auflVagcs elevate any man to office, who won d promote his own personal a^graiiJizeinrnt by abandoning or sacrificing the interests of his country. Sir, we are told that thia is a westi.rn question, and that western men com- pose a war party. What advantage does the West gain by maintaining our rights in Ore.gon, more than the East.' None, sir, none. Nay more, the eastern cities would be the largest gainers. When the means of communication and the channels of trade are opened up and established, connecting the Atlantic cities vith those of the Pacific, and these commercial points are bound together by the ties of interest, of kindred, nnd of blood, will not the commercial men of the East have a much great- er iutoreU in Oregon than the agriculturists of the western valley.' Sir, the western people are a peaceable people; they de.sire no unjust war, no war of aggression. They full well know and appreciate the devasta- tions and horrors of war, and also the blessings of peace. They rejoice in the maintenance of that peace; but, sir, it is not with the joy of fear. They would forbear long and endure much before they would destroy our peaceful relations with the world. But they will never consent to purchase that peace, dear as it may be, by a sacrifice of na- tional honor or national interest. Mr. Chairman, we say to those gentlemen, be just, and fear not; ascertain clearly the extent of our just rights in that country; demand no more, take no less; "ask nothing but what is clearly right, submit to nothing that is wrong." And we say further to them, that the friends of Oregon will never consent to barter one acre of it.s soil, nor one tree of its forests, to which we have a good title, for coiton-hogs or corn-laws, calico prints, cod' fish, or fancy slocks. But should war come of this — should the sword once be drawn — I would advise my countrymen to throw away the scabbard, and never sheath that sword until the last bloody track of the British lion was blotted out from American soil, nnd his last talon cut loose from the continent. He is at best but an unwelcome and damrerous neighbor.