Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-01-12

the Territory of Oregon as the postponed blu
sness of the last week, appointed Tor iuther consiuea
ton on this day ,
Il Mr.. CALHOUN inquired what was The penang
question.
The CHAIR said it on the passage oil the BILL
Il had been read third time.
Mr. CALHOUN observed that he had been greatly
gratled TO learn that The Senator from missouri ~h'
Introduced the bill, discaimed aay intention that ~
provisions shoui conflict With the provisions oil our 'en
lies with Great britain 1t was Tor The purpose OF OBJ
tanning to compare these p3orsions ana 10 saiis
himself that they did not conflict that he had asked
post ponement of the bill To this da v. he had since
ahmed both the provisions Ct Tie bill and OF the treaties
in relation TO tie Northwest Territory; ana The result o
ms investigation was that there was one provision IN
the bill which would conflict with the existing treaty
with Great Britain in relation to tins very territory
lie alluded 10 the provision granting andS 70 settlers
which he read from the bill TO show IN VIVA, respect
this conhiced with the treaty, ne should hrst take
review vi the grounds on which 6oth countries lay
CLAIM, to the territory and then the provisions OF the
adjustment by treaty, winch must govern tie aeoh o.
both
I Here Mr. C. made clear and precise statement OF
the three grounds upon which the U. ). Government
sustains title first of discovery by Captain Gray OF
the mouth OF the Columbia river, and then oy es ana
Clark of It's sources; next by its transferred rsht 10
the Spanish tile to the Northwest coas and thirdly
10 the transferred title and claims Of France, through
is extension Of the Louisiana territory lie also stated
the grounds upon which England based her CLAIMS
which were first, under the treaty win SPAIN, In
$780, and next; with regard TO the Columbia river, by
priority of discovery of the country tributary 10 that
river These conflicting claims have been The subject
&c collation. and by the treaty of ISIS 1t was agreed
between Great Britain and the that the territory
should be open TO the subjects of Great Britain and
citizens Of the u S. for Ten years. In c21 tile treaty
was renewed, leaving il optional with either country
TO discontinue lis obligations upon giving Tue oher
vears notice lie pointed out that the British Govern
ment merely claimed for lis subjects The eiua rsht OF
settlement and occupation of the territory with The CT
tzens of the u. s., and the Government OF the T.
insisted on It's exclusive right OF occupation settlement
and Jurisdiction. lie also deduced from the review q"
the whole case that any provision fts bill undertaking
to secure to a settler any part of land which he should
occupy for five years would be i'll conflict with the spirit
and meaning of the treaty For this reason, and also
70. another reason-namey that il might be necessary
To investigate whether the manner IN which 1t IS pro-
posed to extend Jurisdiction over the territory IS re-
ccncilable with The provisions OF the treaty. and The
interpretation of by The British Government as ex
emitted in its acts of Parliament-he thonghtit des
abe the bill should be committed to The Committee on
the Judiciary, the Committee on Foreign Relations
I MIR LINN replied, acknowledging that the Senator
from South Carolina had correctly stated The Claims OF
the two Governments, and the position in which they
stood with regard the treaty of 1878 renewed in o2
and requiring year notice Of discontinuance. lie
denied however that the Senators deductions were
co-rect-irst, that the promise of this bill 10 make
grant Of land TO the settlers, was IN conflict with the
treaty; and next that there could be any question oil
the right of the L. S. 10 extend jurisdiction
our citizens residing in the territory. The object OF
the bill encourage emigration, by an assurance
to those emgating that they should have the benefit OF
the jurisdiction of aws, and the security of their
settlements. Without these encouragement, there
would be No emigration OF our citizens, and England
would be left occupy the whole country, through the
agency of her Hudsnn's Bay Company. Through that
agency, she daily settling down her subjects-ta
IL fnr. t,Not
poses the choicest portions OF the territory
Through the agency, she had extended 10 those
settlers the protection Of the British laws. We asked,
by this bill, TO do nothing more than Great Britain had
done If she interpreted the treaty To her advantage,
we surely are entitled make of her Interpretation
To our advantage. Blu; he did not want either the eS
ample or dictalon of Great Britain in this matter He
took ground upon the ndeeasbe right Of the U. S to
the territory, and 10 ndsputbls right to extend the
jurisdiction of this Government 10 citizens within
our territory.
Mr.. CHOATE sorry that he waa obliged TO
concur with the Senator from South Carolina, that
there objection fatal to the provision in The
bill making grant Of lands to settlers lie sad sorry
because he entirely favorable 10 the bill ITSELF
and approved Of the objects and purposes proposed by
H. Ga due examination of the existing treaty. he was
constrained To say that TO grant away, or to secure
II settlement, (Which amounted to the same thingD
! would be to exercise ownership contrary to the
spirit OF the treaty, according TO which every portion
of the territory be left open to the citizens o both
Governments The obligation not to exercise exclusive
jurisdiction or ownership by either party was implied in
the obligation TO leave the country free and open 10 the
mutual occupation and settlement OF the citizens OF
both There was nothing in this view of the treaty
conflicting with the extension of the British laws TO
the subjects Of Great Britain residing in the territory
nor would there be in the extension OF the jurisdiction
Of The laws Of the United States in the same manner,
over citizens residing there. There would be mu-
tual jursdiction-but mutual occupation could not be
reconciled with undertaking our part to secure
locations TO our settlers.
Mr. LINN Observed that Congress had, at all events,
made some progress in this matter. 1t was now ad
mtted in Congress- that there may be mutual occupa'
ton and ursdction without of offence to Great
Britain AS Great Britain had extended her laws over
the territory, may extend ours AS she had built
forts and made settlements, may She IS either
TO set us the example, TO dictate TO what may
do Now, he would pay regard TO the dctation o.
Great Britain. e maintained right TO the territory
which we propose to extend our Jurisdiction ant
our population, and this right he based the
present bill There nothing in il to conflict will
any obligation of the U. S.
Here Mr.. L. extended his remarks, in reply to por
tons of the observations made by the Senators from
South Carolina and Massachusetts, only glanced al
above
. Mr.. McRoBERTs followed, in an argument of much
u point, which showed the indspuable nature of GU
claim to the territory and unequvocal right pas
It u bill with the provisions which this bill contains.
T. After few remarks from ilessrs. CHOATE ant
e HENDERSON,
t Mr. BAYARD submitted an amendment, which HI
c thought would all difficulty 1t was in effect
that the provision of grant of lands, expressed il
the bill should be changed as to read, that an,
person occupying q settlement in the territory for iv
i. years should be entitled 10 pre- emplon right, q
against the United States, for $40 acres of land; and 81
for the share Of the wife Of settler and each child 70
100 acres.
MIR. CHOATE suggested that the amendment nigh
be printed and the further consideration Of the bill post
/, porcd until to
II 1t was also suggested that the amendment could b.
n adopted by unanimous consent-whch it would require
as the bill otherwise past the stage 70. amendment
d Mr. CALHOUN remarked that, the modification
It proposed by the Senator from Delaware (r Bayard) re
quired unanimous for admission into the bill
be for one must object it-because if admitted tn
II amendment would, in his mind, he admission 0
some doubt 10 title TO the territory lie was no