The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-03

BILE division fthe country You do not offer 10 re-
fer the title TO the whole country itself" "Very
wei, says Mr.. Pakenham, "will you refer title
and alR and II you object to soyeregns and states,
Are you willing TO present the question for settle
ment by the most independent, impartial, and en-
llghtened minds 7" That is his proposition. Then
our unfortunate negotator is IN quandary
lie refuses the ground that the territorial rights
country are not proper subject for arbitration,
whether by sovereign, citizen, or subject, In his
own language. Why did he not say that before ,
Why this paltry clubbing about terms, or the char
acter VI the afbitrators If he had at the back OF all
this an objection that went TO the very groundwork
| OF the propositionl But is It rue-ls 1t true In
pHnciple, that our territorial rights are not the
proper subject Of arbitration Let me answer one
objection Of my friend from Illinois, MIR. BREEsE'
lie read from a communication Of Mr. ADAMS, in
which he objects TO reference TO soyereings because
they have not the means of observation; but the
special objection was that no award could be car
rled out--that there no power to carry it into
effect. Now, does not my friend see that that
very argument would strike down all negotiation.
Who is to carry the result Of any negotiation into
efiect' Who is TO enforce a treaty. or any con-
tract with foreign government Nobody-no
| Misunderstanding but the plighted faith and
honor Of the respective countries. If the
country pights its faith in particular form,
to abide the award, it is bound as soemnly as
|
this objection, is not our territory the subject Of
bitraiion' What ia the question: In It's broadcast
and most elevated this is question Of proper
~ merely. In its more accurate and confined sense
u 10 a question of boundary--sf boundary. Great
Britain admits that we are eaIted 10 hold up 10 the
Columbia. Need opes Vaitl, o., any other author
on International law, Sos the purpose Of showing
that questions OF property and boundary are pro-
per subjects Of Arbtration' But again it is said you
can negotiate about this matter, bat You cannot
bitrats. Why not What is that but negotiation
In another form BY direct negotiation between the
parties themselves you have been unable to reach
result You then try what you can do by indirect
negotiation You employ new disinterested agents.
You tell them 10 nesotsls the matter and that you
will abide by their decision. In principle, the two
forms are one and the same Mr.. Buchanan is now
the appointed agent Of this government He has
failed as others failed before him. Cannot the gov
eminent appoint another negotator or negotiators-
jurists, civilians, or whoever they may be-and al
low him or them TO negotiate with some person or
persons similarly appoiated by the opposite party
Nay, have we not In our treaty stpulations, con-
sAnuy, from the origin OF our government almost,
been accustomed 10 settle matters in this very
way-by commission No one can DENY it,
But then, some one has asked, "Where do you
get the constitutional power to convey away our
teTltoryP' "Our terrtoryr-ah that's begging the
question. That is territory is the very point to
be decided. But it 1t he our territory, | take il
Y,
the same power TO convey territory that we have to
obtain II. OF that we have examples enough. But
again others ask "Will you transfer the allepance
Of our cilizens'" Certainly not We will transfer
the SOIL and II our citizens think proper I'd remain
they subject themselves TO a new jurisdiction. This
is no novelty. Upon the settlement of the bounda-
ny between the United States and Spain in 1885
the Florida neutrality-suspicious. were made that
the settlements should be removed from either side
Of the line but If they remained there, the settlers
subjected themselves 10 the jurisdiction of the coun-
try within whose limits they chose to remain
But that country does not transfer their allegiance
Ii transfers the soil TO which it had exclusively the
right Of sovereignty. The settlers remain upon the
SOIL and choose their ~n allegiance. But all these
evils are IN this case imaginary. In the first place
there cannot be an American citizen owning sim
gle foot Of land in Oregon, because the government
cannot have granted 1t. In the second place, not an
American citizen has settled within one hundred
miles Of 49o-the line that might perhaps be agreed
upon. But am leaving the argument of our nego-
tiator. He is not content with taking the position
that territory is not the proper subject ofarbtraton
which, If so, would cover the whole question But he
goes and objects it still further, on the ground
that he fears compromising award. Mr.. President
this objection, II appears to me-and | say il with
all rcspect-was framed to meet the occasion. II is
the same kind of objection that is raised by liti-
gants who 60 % court about small matters Of doubt
full right, when they wish to avoid arbitration
cases 10 which, grant you the award is very like
ly to be that the parties divide two and sixpence
between theu1S andssch pay his owa costs But upon
great national question Of this character is il possi-
Bile that with the Wade world from which to choose
three, hive, seven men can not be found possessed
of such intelligence, purity, and independence as
would remove them altogether from the operation
OF all such paltry considerations would interfere
with the business Of their decision venture to say
that the distinguished negotator who raised that
objection, should he ever be chosen on such COM
mi as that would ,
trolling his own feelings judgment. But there |
was still another objection urged by our negotiator
and 1t does appear TO me the most extraordinary of
all. He says: 1--WE think great deal of this coun-
ry-you capnot or ought not to think much of it, |
and that being our opinion, we do not choose to
jeopardizc our important rights, while you have no
title to lose." That is to say, here are two men
who have been in possession of a farm for the |
last twcnty-sevcn years-disputing about the title
They finally resolve that the controversy shall
be settled The one says 10 the other-"Now will
divide with you; or if that does not suit you, will
refer the matter to the courts-to civilians-to any
fair arbiter." The other says-"No, this farm is of
very great importance to me; you are a rich man
you live far away-you ought not TO think u great
deal about it, and will, therefore, leave the question
to nobody will settle according to the best of my
own Judgment will be very happy to negotiate
with you-but mean to take the whole of this prop
erty." That's the amount Of this argument and the |
force Of 1t submit without coumentto the Ameri- |
can people. have the highest respect for the char
acter and ability of that distinguished senator; and
permit me to say that if his argument in answer to
the proposition for arbitration be BETTER is be-
cause the subject did net admit of better one. The
civilized world will regard that argument with dis
trust. fear they will look upon it as a pretence
and evasion rather than as indicating our true prn-
cipes Of action But that is not all. Our own peo-
pie, think, when their attention is distinctly drawn
to this queston-when they are brought to think
calmly about twill Judge of it in the same way;
and of this we have already some singular indica-
tons in the course adopted by some of the local
party prints ofthe country. When referring to this
question they very carefully keep out of view the
offer to select arbiters jurists and civilians, and
talk about sovcreigns, and crowned heads and princes
from whom we cannot expect fair play and thus
they appeal to the passions and prejudces of our
countrymen, instead Of 10 their judgments, upon the
true state Of facts in this negotiation. What a
spectacle have we thus presented! Not that digni-
fed, calm reserve which indicates fixed purpose and
conscious right but from the very beginning of this
Oregon negotiation there has been din and camor,
and n-glorious boastng throughout the land. If
my memory. serves D. right, wien the English