The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1843-02-15


, portions of the territory in dispute should
! from the date ofths signing, be free and o
pen for the purposes oftrading, fishing, ane
hunting, TO the citizens of both parties; anc
} that nothing in that agreement should be
held to prejudice any claim of either to the
territory. The conyeniion, was general
and whether it alles.l permanent posses.
sion TO be practisedof not, permanent settle.
men,s TO be made or not, was question OF
construction. If she complains, it can only
be of the construction which we adopt; and
and how can she complain when is is her
own?
Mr.. P. next adverted to the act of Parli.
amcnt Of July, convention, and directs that
no such licenses or grants to trade in
the Oregon Territory shall be given as will
exclude US from the benefits of the treaty.
Thus the act (which is an Interpretation of
of the treaty, and follows its provisions)
provides only for mutual commerce with
the Indians, and so far is scrupulous of our
rights.
The subsequent section of the same act
which extends the jurisdiction of the Courts
of Canada TO the Oregon Territory, he con-
sidered as step which warranted, on our
part, almost any ACT ofsovereignty whatev.
er. The act gave to these courts, not the
Canadian code customs, but the common
law of England; and it took cognizance not
only of persons, but of real property, titles
10 lands, &c. Of course, then, since it is
Government of tho United States is in exer-
else, and since we have so set up our laws
in no part of the territory, it follows tina. it
mus, sweep in, beneath lis jurisdiction, not
only The Indians lover whom what rightful
control has EnglandD but our citizens.
But, mark further: it gives jurisdiction over
all questions of title 10 land-a right only
derivable from the original right TO bestow
that land in fee. The assumtion, therefore,
of such right of adjudication is, virtually
and substantially, the assumption ofthe right
of domain over The whole territory and its
lands.
The promise, on our part, of provision
by law of grants of land 10 settlers was MIR
P. thought it clear) of the same nature as
the pre-. emption rights allowed over our ter.
ritories generally, In this the grant will
follow the occupancy, as in the other; and
the latter is, after a certain length of habit.
alton, 10 give the full title, as the pre.emp-
ton possession gives the right over all 9th.
ers to receive d title upon paying the Gov
eminent price. The occupancy. on The
terms of this bill, will have all the features
Of pre-emlion, except that the land will not
be paid for at price.
If such an inducement to our citizens TO
settle be violation of the treaty, so must
be the rights which, through the grants of
the Hudson Bay Company her citi-
zeus obtail-the rights Of which her
courts take cognizance. Under the Eng
lsh law, possession itself is evidence O.
nough of title in the first instance, If the
possession is disputed, the adjudication off
court becomes the best possible title. This
difference in our laws requires different
course of measures, in order TO place our
citizens on the same footingias her subjects
already occupy
At present they are peopling the terrific
ny, as steadily and quietly as if by patents
under the great seal. Where, then, is the
difference between these modes Of giving
title-securing possession? Settle, they
certainly do; and every shelter under which
a man can hide his head, is, for the time
being, an exclusive possession.
Whatever the theoretical question, it was
practically but one of boundary. Britain
has set up claim to the territory as far as
the borders of Mixico, while we have of.
fered to stop at the 10th degree as our nor
thern limit. She refuses to recede further
than the mouth of the Columbia. Let the
title be settled as it may, we give rights
subject to that ultimate decision.
The alternative, Mr.. President, seems
to me but to occupy or abandon. To re-
tain our claims, we must make settlements
without delay. Yet have heard no init
nation even Of such an idea as that of sur
rendering our claims. 1t is due to our
selves and due to our citizens to take meas
ures at once, measures as efficient as those
which Great Britain takes to advance hers.
No man in the senate estimates more high.
ly than | DO the blessings of peace, or its
value to this country. | should not, there.
fore, lightly advocate measure likely to
draw on unnecessary bloodshed. l would
not, however, dishonorably shun it; and
still less will make an emty show Of pos
session, while l avoid every measure capa-
bic of securing it, or talk of being ready to
fight for the territory. while | have taken
care that no American foot shall 60 upon
it.
Mr.. HUNTINGTON, of Connecticut.
ended the days discussion; speaking to the
following effect:
With the sincerest desire 10 support this
bill, and the closest examination of its pro-
visions to which that desire could urge me
cannot avoid regarding it as violation of
the convention of 1918. Not, sir, that
see any validity in the general claim which
Great Britain sets up, or that have the
slightest doubt of our own, or that l would
hesitate to assert to the full our general
right, if our own special engagements did
stand in the way. | will 60 as far as any
man to maintain the Just claims of this