The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-09


Gates TO which he had referred, IN which no claim
was made or alluded to for anything other than the
vessels and their cargoes They had no land, nor
no title 10 the soil. And yet you find when the
Nootka Sound treaty came TO be made--made, no
doubt under the menace of British heet-that the
word "andsh is introduced. But, taking that trea
II tythe whole and entire treaty together-ii gives
nothing, as have said before, 10 the British gov
eminent but what her minister, in 1927, termed
qualified rights" Well now, sir, here Is a view
that has struck my mind, independent Of the argIl-
ment which is put forSsrd by the Secretary Of
State that this treaty entirely abrogated by the
war which ensued between Spain and Great Britain
But there Is another argument, and IL Is this: that
/ any grant from any power 10 another OF qualified
| right of that kind must be taken TO continue only
so long that qualified right be fairly exercised
in reference to the progress and settlement Of the
country. Spain never could have intended, and
did intend to give to Great Britain, by that treaty,
the right, if she should hereafter settle and cult
yate that country TO any portion Of its sovereignty.
1t was right to trade on an unciyilzed eoast--a
right for protection for her ships in storms-a right
| only which could be exercised without injury TO
Spain, while Spain had not yet settled upon the
territory, but which could not be considered to
tend beyond the period when Spain or any other
power TO whom she should transfer her sovereignty,
should settle and cultivate that soil. So read that
\ treaty, sir. IL Is temporary from the very nature
OF things, and must have been intended 10 be ended
when the state Of the country had become entirely
changed from what Il was when the treaty was
made. Now, upon that treaty Of Nootka Sound
Great Britain plants herself, not claiming said
before, the sovereignty to foot Of the soil, but
merely the right jointly to occupy It for the pur-
| pOses of trade.
Mr.. Chairman, in 1918, when the convention Of
that day was made, joint occupancy suited both the
high contracting pares In 1918, no citizen Of the
United States, except possibly these connected with
the fur trade at Astoria, had become inhabant Of
that territory. Great Britain and the United States
looked to its use merely place for carrying on
the fur trade and possibly place for watering their
ships engaged in the whale fishery in the Pacific.
JOINT occupancy, then, was all that the United
! States wanted; joint occupancy was then, and is
now, all that Great Britain wants. In 1927, things
remained in the same condition; and that which was
but temporary by its own limitation, made TO
continue during the pleasure Of both parties. But
what does II bear on its face Why, IT bears on lis
face the opinion OF both the high contracting parties,
| that period would come when this joint occupant
| cy would no longer be advisable IL reserves the
right for either party TO terminate this joint
pancy upon twelve months notice. They looked
then, as they did in 1918, when they made this con-
vention temporarily-they looked to the fact that
the day would come when this joint occupancy
would no longer exist. Now, may be in error
we are all liable to error-but think, sir that that
day has arrived. Now, 1 said before, upon
this subject we differ upon this nitatory step to-
| wards the assertion of our title. We differ-and
regret Mr.. Chairman, exceedingly, that I differ
| in opinion with a distinguished statesman in the
other end Of this Capitol, whose purity of life and
comprehensveness of intellect have marked him as
one of the master-sprits Of the age, and who has
| shed halo around the American name--a man To
whom the American people can point the living
| model of what American statesman should be.
Butwe have all our individual responsibility. Weare
all bound to bring to the consideration of this ques
ton the best intelligence which nature and educa-
| ton have brought within reach, and to follow
out, after patient and retired study the dictates Of
| our own judgments. ! believe, SIR the day has
come for the cessation Of this joint occupancy
Your government has thoughtso too. She has again
held out the ohvebranch of peace to the government
across the water. She has again said TO her oppo-
nent in this question, although we believe title
clear to the whole of this territory, yet will, for
the fourth time, offer to divide it with you by par
ael of latitude, which is the that divides
territory from the Lake Of the Woods TO the west
ern mountains. We will extend this parallel to the
Pacific ocean, and give you nearly one-half of this
magnificent territory. We will give it to you, too,
when you never claimed the sovereignty Of the soil
but claimed merely its temporary occupancy" Sir,
believe that the rejection of that offer by the Brit
ish minister rash and impoltc; and, believe,
over 1t humanity will weep.
Sir the gentleman from Indiana who addressed
the committee a day or two ago, asked where was
the power of Congress- under the constitution, to
pass this resolution. Ipoint him to section 3d. art-
Gle 4th of the constitution, which reads thus:
The Congress shall have power to dispose Of and make
all needu rules and regulations the territory or
|
Now, here is power given in the constitution to
pass all rules and regulations respecting terrific
ry. 0, but, says the gentleman il belongs TO the
treaty-making power. But no conflict can ever
come between Congress and the treaty-makng pow
err, on question of this kind to which Congress
agrees. To whom is the power given under this
| resolution To the House of Representatives, the
President, and the Senate. Who is the treaty-ma-
king power The President and Senate What
ever, then, Congress approves, the treaty making
I mr. will san here he NO Aiptb a-
| tween them. There is the treaty.making power
| The honorable gentleman from Alabama Mr..
YANcEY,l to whose remarks | listened with so
much delight-it was the glowing eoquence of the
sunny South-asked what the late war had achev-
ed Sir, that not war for territory; il,
war for the freedom Of the sea. Great Brit
ain had claimed supremacy upon the ocean; and her
poet had boastingly said of her
Britannia needs no hulwark,
No towers along the steep;
| Her march is DER the mountain wave,
| Her home is on the Deep
We met her on that clement and again and again
and again was the red of st. George struck
before that starry banner around which cluster the
gushing affections of our hearts Yes, sir; upon it.
before we entered that struggle we inscribed "Free
trade and sailors rights" They were sloriously
nobly maintained; and at the treaty of Ghent-over
which was placed us one of its minstering spirits
the venerable gentleman from Massachusetts, TMr.
/ ADAMS the American eagle tapped its wings ri.
umphanty over the crouching lion.
Mr.. Chairman, much has been said of what the
West will do in case of contest. hope | fer.
venty hope, that this contest may not come but if
are to have tiff we are to have the battle of the
warrior "with confused noise and garments rolled
in blood tell my friends from the rich and elori-
GUS West that those have the honor to represent
viii not be found last when the muster-roll calls
Sir, the patriotism and the vaor of my constituents
need no eulogium from me. They have been writ
ten on the field Of battle with the hearts blood of the
I proud invader; and the valor and same patri-
A Ok 49,
| them to throw themselves between their own loved
homes and the warriors desolaton, which led
them to encounter the veterans of w ellington flushed
with the victories of the Peninsula, animaes their
bosoms, and viii again nerve their arms Sir, in
| ga" infant struggle Tor liberty i, ,-- army wfieu
carried ne 20 successfully through that trying crisis
/ there one division whose name has become an
/ epitaph Of glory. II was the Maryland lne-tfrst