The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-21

the government Of the United States, VINO shall
commit any overt act in contrsyentlon or intracuon
ofany treaty OF the United States who shall dis
turb the peace Of the United States or Of said Indian
Tribes, and have such eizen other person brought
before MIN; and IT. upon inquiry and full inyestga-
ton, the superintendent shall be satisfied Of the
guilt OF such offender, he shall cause him to be de-
yered over TO the proper officer Of the nearest
OF record OF the United States, having criminal jurs-
dictlon in the said Indian country for trial before
that court and such offender if regularly convicted
upon presentment or indictment duly found after
trial by jury, shall be punished for a misdemea-
nor PrOpidsd, h0oersr that the party accused
shall, such investigation before said superinten-
dent have the privilege Of confronting his accusers
and summoning and examining Witnesses .and pro
vided further, that the superintendent shall in every
case report forhw full account OF the facts and
his proceedings to the Secretary of War"
Mr.. s. then continued. II would have been
gratifying to his feelings Che said) if he could
have had an opportunity TO complete the representa-
ton of the views which he had on a former day in
part expressed on this general subject But he was
aware that any connexion between the two bills
would be somewhat forced and unnatural and he
would not, therefore, indulge in any such latitude OF
debate. His purpose was briefly to address his OBJ
seryatOns to the bill before the committee and es-
Peclally TO the sixth section, Of its most OBJ
eeuonabe features. To the general principle Of the
bill he was not opposed; but many Of its provisions
seemed To him TO be very exceptionable.
The general object Of the bill was to establish a
superintendency and agencies Of Indian affairs west
OF the Rocky mountains; TO clothe them with power
to preserve peace and cultivate friendly relations
with the Indians, IN order to accomplish the pur-
poses OF public policy which we desired TO effect in
that region. The bill further provided for certain
gratutes and fayors to the Indians by way Of con-
eiliatng their friendship and obtaining an influence
amongst them.
n. ,ko,.h, H., a.. It.I.-I a. ,,,,,
neglected too much this subject Of Indian relations
west Of the Rocky mountains. IL would have been
better II in time past measures had been adopted TO
render these Indians friendly to settlers Many
Of the difficulties experienced by our citizens who
went TO trade in that region had been the result OF
jealousy on the part Of the Indians and Of the pow
erful monopoly Of the Hudson Bay Company,
which had had the wisdom to the importance Of
securing an influence and obtaining permanent con.
troll over these tribes and had made use Of all means
requisite 10 the attainment OF that end.
II II would have been wise in us to adopt thes,
measures some time since, il still more clearly
the part OF wisdom 10 adopt them now, when tina
country was about TO be permanently settled and
occupied by our own emgrants who had gone q
make their homes there. We were called upon by
considerations Of national honor TO take measur
10 protect these emgrants; and prominent among
these measures was that which provided for the
maintenance Of amlcable relations with the Indians
and for obtaining influence and control over them
Against the general purposes Of the BILL therefore
he had no complaint TO make; but he must be per
mItted TO say that, in shaping their legislation fo
the accomplishment Of these great ends they should
observe certain general principles which they shoulC
be scrupulously careful not 10 invade or disregard
Looking To the remoteness OF this region of eoun
try, and to the mposslbility of foreseeng all tn,
contingencies and exigencies which might arts,
there, 1t was impracticable TO provide for all case,
hu al Utala IL 4.
that It was necessary to give to the agents wht
might be selected large diserttion. But the yer,
fact that Il was indispensably necessary from IN,
circumstances Of the and the character Of tn
country, TO delegate this discretion rendered il doub
| ly incumbent upon Congress not to confer create
power than was absolutely required. II was contra
ry TO the spirit OF our institutions; il was repugnan
to the fundamental principles of liberty itself, 4
confer wide and extended discretionary power To b
exercised at the will and pleasure Of any executive
officer. Such powers, if conferred at all must ne
cessary be left to the discretion of the executiv
agent and that fact furnished one Of the most con
elusive reasons why the power should not exceed b.
one ioa that which was indispensable to the objec
| to be attained.
| Another principle to be held sacred was this: tina
so long as there was joint convention, or treaty ii
relation to this territory with foreign country thu
faith Of that treaty should be preserved inviolae
and that they should be careful that they did not b,
| any legislation trench upon its clear provisions
Whatever might be the views Of different portions
of the House in relation to the question of title,
to the which it would be proper to adopt afte
the termination Of the convention, every American
| every American representative, having at heart tn
honor of his country, must be solicitous that Their
| should be no violation of the faith of treaties no
| anything which even had the appearance of VIC
| lation or conravention Of their provisions
| Now, it seemed to him demonstrable that al
| these great leading principles which ought to b
kept in view in legisating this subject clear
ly and palpably violated. He doubted not that tbi
sixth section had been reported without due consid
Grafton and reflection the part of the committee
1t one of the most arbitrary and oppressive en-
actments that had ever been passed in any country
Its provisions would more appropriately becom
| the frmsn of sultan, and would be more properly
executed by bashaw, than disgrace the pages O
American legislation, be carried into effect by tn,
magistrates Of free country. The extent of it
powers was too great-repugnant to the spirit o
our iDstitutons-to the genius Of freedom and t,
| the constitution of the Union.
And first, in relation to the class of persons owe
| whom the provisions Of this bill were to operate
| The section gave power to the superintendent owe
"any citizen or other person." who shall send
carry, or deliver any message, &c. Now, unde
| these broad and comprehensive terms "other per
sons" who might not be included Was there no
a joint convention with Great Britain, by which the
rights of her subjects were as great and as compiled
as the rights Of our own citizens? Was it not ad
mtted on all sides that we had no exclusive sove
| regnty, no power to extend exclusive jurisdiction
over the territory, so long as the joint occupation
remained? And yet by this section, under the tern
other person." every person in that territory wout
now, whilst this joint convention was yet in exist
ence, be liable to arrest and punishment at the will
and discretion Of the superintendent; liable to ar
rest for doing probably that very thing which h
might have been ordered by the government O
which he was a subject to door by the Hudson
Bay Company, of which he might be an agent o
employee.
1t seemed to him most extraordinary that, in rea
ton to the whole series OF Oregon bills there shou
have appeared to be constant desire, not openl,
and directly, but covertly and indirectly to contro
vene the provisions Of this convention. Whateve
their views other questions might be, were the,
not bound to maintain the honor and faith o
the nation pledged by that convention An,
he put it to every man within the sound Of his voic
to say whether, if power given over every CT,
izen, cor other person." it did not expressl,
give to the superintendent the power all Britis
subjects, even during the continuance of the conven
ton? Would gentlemen adopt this measure in de