The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-06-02


PROTECTION or AMERICANS IN OREGON.
On motion Of Mr.. HANNEGAN, the Senate
proceeded to the consideration Of the special order
being the bill to protect the rights Of American citi
zsns in the Oregon territory the pending question
being to refer the bill TO the Committee on the
Judiciary, with instructions.
Mr., CASS addressed the Senate as follows;
did not intend, Mr. President, again to trouble
tho Senate upon any question connected with our
clam 10 Oregon, with the proper course of policy
10 adopt in support OF it. And l ayowed to those
friends, with whom am in the habit Of free consul
tation this determination TO remain silent, believing
had occupied my full share OF the attention Of the
Senate, and OF the public, SO far as the public can
be interested in any views Of mine. i am now,
however, compelled to break the silence | had i'm.
posed upon myself and again 10 vindicate the posi-
ton in which am placed The honorable senator
from Missouri has referred TO me by name, and If
would not seem TO abandon the ground have occu-
pied must defend II from this new and vigorous
assault. | shall, however, be brief; avoiding re-
capituation and eonhnng myself almost exclusive
ly TO two OF the propositions submitted by the
TOR. One entirely new; the other presented in the
previous discussion, but again brought forward,
though with facts and illustrations, and extend
ed to more remote regions. The former Is the as
serton of the non-existence Of the line OF $40 4W,
and the latter the assertion that the parallel Of ago
was established as boundary between the British
and French possessions, by commlssaries under the
treaty of Utrecht, ard that it ran to the northwest
coast
The senator commenced by the work of demeli-
tion-pulling down before he built up. Clearing off
the rubbish occasoned by the labor OF Others to pro
cure fair Site preparatory TO the task of re edihca
ton. And how has this system Of destruction and Of
substitution been effected The process and the
suit propose to examine.
In the first place, he announces that till now we
have all been in error including the President and
and fhe RI and that IN auch line "A
the parallel Of $40 4V has ever been established
the northern boundary Of Oregon, and he considers
that this correction of great popular error is
enough to 'quiet the excitement which has been got
up about it." fear, SIR, that the honorable senator
deceives himself and that this srcientnt he terms
it, or this conviction Of the extent justice Of
title as term it, is far beyond the reach of any
reading Of old documents, however gigantic may be
the intellect which puts itself to the task Of giving
out and indicating new system of national rights
or any new evidence in support of them. The hon.
orable senator competent to the performance Of
this labor any one among US. But, sir, when a
great question like this has occupied the attention Of
an enlightened country and government in some
mode or other for almost half century, and more
recently has called into its service the heads and
tongues and pens Of hosts Of able in public and
in private life, the discovery and PRONUNCIATION OF
new views, giving unexpected direction to great
controversy, is not indeed impossible, but 10 so far
improbable that he who claims the title and the re-
ward of a dscoverer must expect to have his pre-
tensions investigated with much and admitted
with much caution. The honorable senator, in the
exuation of anticipated success speaks of the phi
loophy Of the iyJour senator's, and says "there is
end Of that question All -vanished--evapo-
rated into the airand the place where it not to
be found" And thin comes the parturtion Of the
mountain and the birth Of the mouse.
1t is good old fable, intended to convey useful
truth, But it is somewhat dangerous in its appli-
oelallx uha,h rh,a In ha
very act Of decryng the labor ofanother announces
eI cathedra the value of his own. Pulling down to
build up! annihilating one line to establish another
There is such thing as putting the saddle on the
wrong horse. ... .,..., . 49,.
The honorable senator says "there is no boundary
at $40 40" quote his very words, and join issue
with him. II there is not, shall then confess that
for one am liable to all the sneers he casts upon
the ty-four-ortes as he calls them and upon then
cause; while if there is, shall leave to the honor
able senator the position he has assumed.
And whence this declared popular error, respect
the SENATOR in the treaty with Russia, concluded in
1924, the third article of which he quotes
Art Is moreover agreed that hereafter there shall
not be formed by the citizens Of the United States or un
the northwest coast OF America, in any Of the island
adjacent to the nssa Of yJo" degrees dory %,Is
formed by pusan subjects under the authority
Russia, south Of the same parallel"
Now, sir, this, one would think, is clear enough
Here is fiy-four forty established boundary
as plainly as words and types can establish it
beyond which the claim of the United States
cannot extend. 1t is the northern limit, across
which we cannot go. We may march up TO il
with that Russia has no concern. But the moment
we attempt to put foot it, we shall be
met by this convention and our pghted faith not to
pass it. II this is not boundary to US, am sure
do not know what boundary we can have, there
mr. ,hora ole i m mt IN ha cd
l. gains no strength by argument. No clearness by
Illustration II Is a boundary line; and when that is
said, all is said am well aware it is line in posse
and not in esse, established upon paper, and not &C
tualy marked upon the surface Of the globe. Blu
so is most of the boundary between and the
British possessions, and between us and Mexico
And the senator himself, in his argument, WHERE
he undertakes to prove the establishment Of the par
alIel of 49o as the line fixed under the treaty o.
Utrecht, expressly says it was established but no
run. II was nevertheless great line OF demarca
ton whose effects are said to be felt upon the rghi
of nations at this day. All boundaries between
countries, which not natural lines marks
must be first fixed by diplomatic arrangement, and
when this is done, their establishment upon tn,
earth becomes question Of fact, and is usually com
mltted to scientific persons who give practical efec
TO the abors of the diplomatists If therefore tn,
parallel Of hfy-four forty should remain pape
instead Of visible boundary ill doomsday, i
would nevertheless be barrier beyond which W,
could not pass and might at any time be ascertoinet
by astronomical observations, and marked upon thu
ground, should such measure become necessary Il
assert the jurisdiction of the one party, to
that Of the other.
After quoting the third article Of our treaty wit
Russia, the honorable senator proceeds to quote tn
third article Of the treaty between Russ and Eng
land, regulating their mutual pretensions to the sam
region. And he controls the construction Of on
treaty, by what legitimate process know not b.
the of the other. He nd cir
y too that "they Identical in objects and neat
ly in terms" Identical in objects! Why, sir, one i
treaty between the United States and Russia 70
the adjustment Of their mutual pretensions and tn
other is treaty between England and Russia f.
the adjustment Of their pretensions. Until il
shown that American pretensions and English pr,
tensions are the same, the identity of the obects
these treaties will be among the discoveries that
veto be made. Yearly identical in termsl" Thi
SIR, is almost an equal mistake. To show it, | wi
quote this third article of the Anglo Russian treaty
Art 2, Tn. line Of demarcstion between the posse