The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-04-28

have succeeded. after severe and expensive COM
petition, ia estabshine their setilements, and OBJ
talains decded superiority 1t not an exclusive en-
Joyment OF the trade and that they occupy the
try between the Rocky mountains and the Pacific,
by SIX permanent establishments on the coast six
teen IN the interior country besides several miRra-
tory and hunting parties and they MAINTAIN ma
rine at six armed vessels, one OF them steam ves-
sci, on the coast" They also speak of their large
farms, and OF other projects, having reference
export trade and the settlement of their retired
wants in the couatry. All these things sir superin-
ducsd by the act Of Great Britain, tend, no doubt,
to embarrass her, she may, In justice, be COIN
PEELED to answer over TO that company, for an inju-
~ that may result TO II from surrender of her pre-
tensions 10 the country
Now, sir, 1t would be manifestly proper for the
two governments to confer together on these mat
ters. to negotiate about them, and perhaps, sir il
might be found to be expedient to Indemnify this
company tor heir OUTLAWS there, and concede to
them the use Of the Columbia river for few years,
to facilitate their exit with their property from the
country, and as auxiliary 10 winding up their affairs.
so Tar as these and kindred matters are concerned,
posed TO it, if it is involve cession Of any por-
ton OF the country TO Great Britain. am opposed
to that, sir, and will never sanction such an act by
my vote. A nation, sir, submitting to negotiation
which shall end In compromising claim 80 valid
ours, by yielding up part, when it has strength
enough to preserve the whole, does, in my judg-
ment, an objectionable wrong, and becomes dis
honored, not oaly in The estimation Of its own peo-
sir, let what may happen.
9 Bur il is said, sir, that the matter should be refer
red to arbitration, and that such mode is IN strict
conformity with the law and practice Of nations in
not accepting proposition OF this nature, when
lately rendered by the British Envoy. The Senator
from Kentucky Mr.. Crirtendenl said the other day
that he did not know what right we possessed 10
exalt ourselves above all law heretofore recognized
amongst nations, and say that territorial dis
putes are TO be placed above all arbitration and
then, with great emphasis, remarked, what a
glorious homage would this Republic render to
It's own best principles by accepting the arbitration
OF tribunal composed of men distinguished only
tor their talents, knowledge, science, and moral
worth" Sir, should be very much opposed to SUBJ
NIT question OF territorial right to any power on
earth, or to any board Of civilians in whatever form
II might be proposed. There are, to my mind, sir,
lnsuperable objections to it, and 1t does seem to
Inc to be practicable according to the proposition OF
the Senator. Leaving out of view all others. there
is one fatal objection to such proceeding, and that
is the parties cannot be compelled to abide by the
award there is no power by which it can be en-
forced Instead of settling the question finally. it
might render It more complicated han before I; and
In the event OF refusal by party to stand by the
award, war most probably would ensue. Suppose
the Columbia river, sir, should be declared by the
arbitrator as the line, in conformity with the British
proposition can any one believe this government
or country would abide 1t? II monarch is made
the arbitrator, we would have his prejudces TO en-.
counter, and incur the risk Of his submitting the
question 10 one OF his Minister'S or Secretaries or
Chiefs OF a Bureau and IN either case, we would
have no personal knowledge Of some OF the parties
by whom the award is to be made The arbltratore.
whoever they might be, would not be required to be
governed by the right of the case nor BY the strict
law OF the case; nor would they be thus governed
Other principles = consid eraions OF expediency,
suggestions OF policy, and, witha, desire to give
each claimant somethIng-woud naturally influ.
ence them. Sir, this administration could not stand
a single moment before the American people, il, by
s act, BY referring question of this nature to the
decision OF board OF arbitrators, the entire con-
troll OF the Pacific coast, and of the commerce with
emma, and the foreign export and import trade OF
the western States now opening to them with the
east, shall be lost TO them No administration could
survive a surrender OF such important prospective
interests Arbitration, sir. Is out OF the question
In controversies between individuals submitted 10
arbitration, the aIbirators known to the pares
and power ls vested In the courts to enforce obedl
ence to the award but there no tribunal to com.
pei obedience between nations. The whole thing
Is surrounded by difficulties. Besides sir there is
really nothing here to arbltrate about for propo-
sal to aibltrate, and an accepta CT, presuppose
right exIs's to part OF the country, which we
deny. Where a right to cotermino1s territor, is
admitted TO exist, but the boundary unde-
hntd, IT may be proper, In such a case, to re-
ter the matter TO mutual friends, to establish the line
OF boundary. That was the case in regard to our
northeastern boundary and it was referred 10 thu
King at The Netherlands and he, instead of attend.
tug to the terms OF the submission, and following
the highlands, assumed the valley OF ST Johns
River the boundary, which satisfied neither
party But, sir, IL is unnecessary to say ANYTHING
about Arbitration, as the government has, in the
most decided manner, rejected the proposition and
there Is no wlsh am sure, the part OF this coun-
try, that II should be accepted at any future time
Whilst negotiating SIR in 1875 upon this very ques.
ton Of Oregon. then called the settlement on the
Columbia river," reference Of II to the Emperor OF
Russia was IN contemplation. The action OF our
government then, sir, upon the suggestion was not
different from The Dreaenf In a oh Iron,
Secretary Of State (Mr. Adams), OF the date OF
July ~, 1878 to our negotiators (Messrs Rush and
Gallaun), find tine following passage, which l
will read for the benefit OF the Senate, from the
llh volume OF American State Papers, title "ro-
reign Relations" p 81:
The expedIency itself of submitting questions
OF territorial rights and boundaries in discussion
between two nations, to the decision of third was
unusual, IT not entirely ne,o and, should the conn
1ency occur, will probably encounter difficulties Of
execution not toreseen at the time when the stipu
ldton wac made OF resortlng to 1t. The subjects IN
controversy are Of nature too intricate and COM
picdted requiring, on the part OF the arbitrator,
patlence Of investigation and research, historical,
potcal, legal, geographical, and astronomical, for
which II Is impossible 10 conceive that the sovereign
OF great empire could personally bestow the
time"
This, sir, was American doctrine then, and it Is
correct. Mr.. Adams was right. Questions Of this
description should not be submitted to a foreign
power, for the reasons gwen by him, and those
force the award, and it one of the parties does not
choose to abide by 1t, it can only operate to produce
the conflict which 1t was the object OF the arbita
non to avoid. While speaking OF this subject, SIR
wish to notice the peculiar phraseology Of the let
ter OF the British minister conveying the proposal
10 the rejection OF which much exception seems
to have been taken. In his note OF the 10Th Janu.
airy last to our Secretary of State after abiding to
the rejection OF his first proposition as contained in
his OF the 9Th OF December, tor reference OF
the question " OF an equitable partition of the ter.
rtory," and the objections of Secretary to it, he
says,
This promised, the object of the undersigned in
addressing to Mr.. Buchanan the present commune
cation, Is to ascertain from him whether, supposnp
the British government to entertain no objection to
such course, II would suit the views of the United
States government to refer TO arbitration, not as
has already been proposed the question OF an equi-
table partition OF the territory, but the question oil
title In either OF the two powers to the whole terri
tory subject of course TO the condition, that nei
ther should be iound in the opinion Of the arbltra.
tor, to possess complete title to the whole terri