Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-05-05


territory, and, therefore, was not now IN iofce.'
The validity of this argument cannot De
m;tlad. The convention Of 1927, 80 lar
il relates 10 the rights and privileges secure
10 the citizens OF This country and ore
!. Britain respectively, is identical with that
1918. which was in force at the very time u
English statute was enacted. II that statute wi
enacted and operated during and under Inc Joi
convention OF 1918, how could the renewal
, the identical convention in 1871 (wan no o'n
change than lis extension Indefinitely, with a pr
rce in lien of specified term of years. annt
and sunersede the provisions OF The statute Z
Cncb effect cannot be aScribed 10 the renewal {
the convention in 1927; but even if il could, an
the British act were really non-existent, still IN
full effect Of The British precedent would remain
For by that ACT, passed in 1921, after and durin
the convention Of 1918, a clear manifestation
afforded tha, according TO The understanding an
construction of the convention by the brltis
Parliament provisions for The extension OF Juris
diclion, as in lha, act (likc unto those IN The oi
before the commllee,) were not 10 conIraVenl'o
or violation OF The joint convention.
This precedent, Mr.. Chairman, may suiilce
relieve the scrupes Of sach members as woul
not wish, in leeislaling under the convention, I
give ground of complaint 10 Great Britain that
| had been violated Bat if aPprehensions on I'M
score are still entertained by any, they must
think, be disspated, by reference TO The despatch
of Mr.. Gallalin, who, as minister OF the Unile'
States, negotiated the convention OF 1877 In ina
DESPATCH he states the conferences had between
The British peeotators and himself in relation L
the powers which might be exercised by The 10
eminent Of the u. States under The convention
He says:
"The establishment OF a distinct territorial go
Il. - tln fnnu
tains. would also be objected 10 as an attempt U
exercise exclusive sovereignty. | observed that
although the Northwest Company might, from II!
! being Incorporated, from the habits OF The mer
they employed, and from having monopoly
with respect 10 trade, SO far as British suhlee!'
we're concerned, carry on species OF government.
w;,hon, the assistance Of that OF Great Britain il
was otherwise with US. Our population there
wonld consis, OF several independent companies
and individuals. We had always been IN Inc
bab it in our most remote settlements. oil carrying
laws, courts and justices OF the peace along WIN
ms There was an absolute necessity on our part
TO have some species of government. Without
il the kind Of sovereignty, or rather jurisdiction
which il was intended 10 admit, could not be e1-
ercised on our part. IL a0as suggested, and seemed
10 be aequiesccd in that The difficulty might be obpt-
nfcd, proridsd the erection At a asr terruo'y
,ros no. confined exclusively 10 The Territory tret 81
The mountains; that IL shouid he defned Gsem5rae-
ing all the possessions Of the Tinted Stats lcest 81
line hat should be al some distance on and cast Of
tie Stony mountains"
In pursuance, probably, ofthis very suggestion,
the present bill has been 50 framed as 10 INCLUDE
within its operation untoubted territory oil the
C6;;c.. States lying east oil the Rocky mountains
viz: "the intermediate country west otthe Missouri
river. between the 10th and Add parallels OF north
4 III of hp
misxiorers must apply to this bill, and preclude
objection on the part of their government, that 1t
is voative OF the joint convention.
thrust, Mr.. Chairman, 10 have now established
that so far as this bill operates during the con-
tnuance of tie convention OF 1927, lis provisions
arc needed; that they are Just in themselves, not
yiolative OF the convention, but only commensu-
rate in the protection afforded, and authority ex
ercised, with the rights and privileges asceHained
and secured by il; that they have the sanction OF
English precedent and example, and are only in
conformity with suggestions received and acqal-
esced in by The British government through It's
al the negotiation OF the treaty.
So far the bill has my appreciation and support
Before proceeding, MIR. Chairman, TO consider
the bill in It's further, and, 10 my mind, most OBJ
icctionable operation alter the termination OF the
Convention, allow me, the more especially as II
will have material tendency 10 eiucidate such
subsequent operation, 10 ascertain with precision
and certainty the limit OF territory or latitude 10
which. during the Convention, The jurisdiction Of
The Uuied States is by the bill 10 extend. The
objec, OF The bill, during The continuance OF The
Convention is 10 protect and secure all the rights
and privileges ascertained 10 belong 10 our citi-
zeus by its siipulaiions, and consequently, 10 ei-
feet that end, its operation must be commensurate,
as 10 limits, with The territory in which such
rights and privileges exist. II will then cover The
whole territory embraced by The Convention oil
Joint occupancy and as that territory unquestion
ABLY extends 10 the Russian lime-to the utmost
limit of 81 degrees 40 minutes North latitude
lhe operation OF the bill must be 10 that extent
likewise On this point there can surely be no
question: there several members around express
ed acouiescence aloud, and Mr.. S. added } and
am happy to hear the position admitted by honor
able gentlemen OF all parties around me. shall
proceed on such admission.
| come now, MIR. Chairman, TO The considera-
ton OF this bill in The more important view OF lis
purpose and operation alter the termination oil Inc
Jort Convention. What, then, will be its aim
and efecl2 / maintain, with entire confidence,
they will he TO extend over the whole territory OF
Oregon. 10 the ulmos, limit OF 50 degrees 40 mi
mites North latitude, or the Russian line, the abso-
lutte and exclusive jurisdiction OF the laws and
government of The United States, 10 the disposses-
Sion OF Great Britain, as Of all other nations
and that for the accomplishment oil such result
the power substantially OF making war, ana en-
blowing the military force OF the Union, is in
trusted 10 the discretion not even oil The President
but OF the Executive Of distant territory.
| The bill is indefinite in duration, and no dis
| linction whatever is made 10 the language pre-
scribins The limits 10 which jurisdiction shall ex
tend before and after the convention. The phra
seolosy is loose and vague, VIZ: over all ina
portion Of The territory Of the United States which
| lies west Of the Rocky mountains" and alter a.
before the termination OF the convention, the pro
nor construction TO be given to The bill must b
determined by the officers 10 administer IL or By
| indicial Interpretation, as | have already esla
| blished, Mr.. Chairman. The object of The bill
| during the tendency OF the convention being Il
assert jurisdiction coextensive with the rights as
cerlained by its slipula,ions TO belong TO u.s. AIT
they extending TO 81 deas. 40 minutes, The neces
] sary const. ucion OF the phraseo!ogy OF The bill
both in common understanding and judicial in
terprelalon, will be 10 extend jurisdiction 10 tina
extreme limit To precisely the same Language
must not, after the termination Of the convention
this necessary interpretation, previously ascer
tanned, be continued and enforced With no
thing in the bill 10 limit or restrict such construc
lion the meaning, once ascertained and affixed t
4 Inc pnTdSeOIUSyp lusHtlCdi uOta oSioiS "ha oisN
the convention must remain unchanged.
Precedent and common understanding as Il
the interpretation before, will extend after the ter
minalion of the convention. Could the strngen
cy OF such previous Interpretation fail TO conclud
in the construction OF the law, the result won
probably not be changed. In The administrator
of the law, after the contention shall be termi
mated, the construction oil the vague phraseolosy
TO which have alluded, must devolve on the ex
ecutive of Iowa, or The Indian agent and officer
whom by the BILL The executive power roy over ri ;h
ences operative on such tunctionaries, can ii b
doubled they will hold "the territory owned b
the United States, West OF the Rocky Noun
,ains, 10 extend 10 the utmost lmi, Of 81 deg. q
min. Or should they hesitate, and submit tn
matter 10 judicial construction 1t will fall I'm
der the decision OF The United States judges, Q
Justices of the resident nOd. the he. sT b
Think YOU not. Mr.. Chairman, that they wi
carry our jurisdiction to the umo., extent Of 5
deg. 40 MINI From position and the appliance
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