The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-17
THE DAILY UNION.


provided for by the treaty between the United States
and Great Britain, signed at London the 10Th day Of
October 1918, and continued in force by the treaty OF
the 9th day of August 1927 and IN the mean time II
any new treaty shall be concluded between the two
countries defining the rights of the United States TO the
territory, in that event to remain In force over such
portion thereof as may be secured TO the United
States until altered or repealed; Provided however,
that this act shall not be construed nor executed in
such manner as 10 deprive the subjects OF Great
Britain Of any of the rights and privileges secured
by the treaty aforesaid and also over all that portion
Of the intermediate country west OF Missouri rVer
and between the 10th and 43d parallels of north at-
tude."
Mr.. JEFFERSON DAVIS said the closing re-
marks Of the gentleman who had preceded him
certainly invited a reply; but IN consideration
of the little time which remained, OF that allowed
for this discussion, and the number Of gentlemen
anxious to address the committee he would only say,
in answer TO these remarks that he repealed the as
sumption that all who differed from the gentleman
in his opinions upon Oregon, were so wanting In
wisdom patriotism as lgnorantly or tlmdly TO
sacrifice American rights. Not always was ltfound
that those who most readily entered into quarrel,
bore themselves best after they were in Sometimes
the first TO get into row are the first who wish
themselves out
He declined TO enter into the question Of title.
The ancient voyages of Spaln-the ancient conven-
tons in relation 70 the northwest coast OF America
seemed to HIM so little connected with the subject
before the committee, that ne had listened to such
speeches with the feeling Of the Vicar Of Wakefield,
when he met the Sharper Of the Fair in prison, and
he commenced his recital on cosmogony. Stop! said
the Vicar, sorry interrupt so much learning, but
| think have heard all that before.
He would point out his most prominent objections
10 the BILL and before closing, would offer substi-
tute for its provisions. He said the title of the bill
rIfl IN
had right to expect our protection. IL was graft
flying TO him TO witness the fact, that though they
had gone beyond the exercise Of our jurisdiction,
they looked back and asked that the laws Of their
father-land might follow them; they invited the
restraints of Legislation; thus giving the highest
proof Of their attachment, and paying the richest
tribute TO our institutions.
There is sufficient unanimity TO the proprety
of extending our laws American citizens in
Oregon to Justify me in emitting that branch of the
subject and proceeding at once TO inquire by what
mode this may be effected. By the bill under dis.
CUSTOM il is proposed to extend the jurisdiction of
the supreme court Of Iowa, and the laws of said
Territory as far applicable TO that portion OF the
territory OF the United States which lies west OF
the Rocky mountains, and also over a belt Of coun-
try east of those mountains and west of the Mis-
souri, river and lying between the fortieth snd forty
third parallel Of north latitude.
Who here knows what the laws Of Iowa are, still
less what they may be; but this much we all may
know that from the difference in the condition and
wants OF the two countries the must be very poor
" calculated to Iegisae for the other and great con-
fusion must ensue in the attempt TO apply the wants
of one to the other. He refe red TO the mining
character of Iowa, which gave to her people and
local legislation character peculiar and lnappica-
BILE to Oregon. He denied the propriety of ex-
tending the laws of Iowa over the Indian country,
considered such extension violation OF the prin-
cipe which had heretofore controlled our intercourse
with the Indian tribes, the principle which
had been characteristic Of our government,
contradstingushing it from those of Europe, who
had had intercourse with the aborigines of America
Our government had always recognised the usu-
fruct of the Indians of the territory possessed by
them, our jurisdiction over Indian country has here
tofore been confined TO regulating trade and inter-
course with the Indian tribes and serving process
upon our own citizens within the Indian territory.
This is to give force TO the laws Of Iowa over all the
Indian country therein described; to wrest without
the Just and liberal compensation we have hereto
fore paid for the extinguishmeat Of Indian title,
belt OF country this side Of the mountains from
the tribes who possess It, and, by the strong hand to
seize all which lies beyond.
He said, gentlemen had frequently addressed us
upon the rights Of Great Britain, and the conflicting
claims Of that government and ours in the Oregon
territory by the conventions Of 1918 and 1927, the
title as between these two governments was
in abeyance. Let strictly regard all our
treaty stipuations with that rival claimant; but
most especially let respect the rights of the
more helpless occupant, and more rightful possess
sor-the savage-who originally held the country.
To this end , he said, he had drawn up, and would
submit a substitute for the bill, volative of the
rights of no one in strict accordance with the usage
of this government, and, he believed, most efec-
tive to preserve peace and order, and extend to
citizens in Oregon the benefits of our republican
laws and institutions. 1t was the application so far
as suited to the circumstances of the ordinance Of
1887 for the government ofthe territory ofhe United
States northwest ofthe Ohio river, and of the law of
1889, to render it effectua Under these, our ct
zens in the various territories Of the northwest had
passed from the condition of Indian country to the
second grade of government No question could
arise in their application which had not been al
ready adudicated; and, therefore, in adopting this
plan, we could distinctly see, and accurately Judge,
of the results it would produce. In view of the Pc
culiar condition of the Oregon territory, he except
ed, by proviso, that portion Of the ordinance which
refers to general assembly, also substituted for the
freehold qualification of officers required by that in
strument the qualifications prescribed in the territory
of Iowa, where freehold is necessary, and had adj
ded section securing to British subjects in Oregon
all the rights and privileges they derive from exist
ing treaties, so long as those treaties shall continue
BY this substitute it is proposed to provide for the
appointment OF governor, who should be oticio
superintendent of Indian affairs, and three Judges
These officers appointed by the President, by and
with the consent of the Senate, are to receive the
same compensation as officers of like grade in the
Territory Of Iowa. They are to be authorized
to adopt such laws from the statutes of the
different States of our Union as may be APP
plicable to the condition of that country, the
whole to be subject to the revision and approval
of Congress.
Thus, sir we shall be guarded against the dangers of
extending the laws Of territory existing, and here
after to be enacted without our knowledge, and
above our control, likewise from any improper Iegs-
lation which might result from representative as
sembly in mixed and unsettled colony The
officers of the government thus constituted are au-
thorzed by proclamation to define the limits of the
settlements OF our citizens in Oregon, to which the
Indian title has been, or may be extinguished and
within such settlement to locate the Of govern
men for the territory. Until the Indian title has been
legally exnguished in portion of the territory,
iii violation Of the policy have heretofore OBJ
served, and which stands upon our history proud
monument of humanity and justice, to locate our
courts, and assume territorial jurisdiction in that
country.
Having point upon which to rest our ter
Gar tbepco