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

States, surrounded and pressed upon at snth and !,
the citizens of the power Of the Union They
our superior might they knew that they were pow
eress 10 resist us and that they must submit TO the
seizure and the punishment Of their emssarles
But IN this distant territory, where tina tribes were
more powerful, where they knew nothing Of our
superior might, where they were but untsmed saw
ages OF the West, would they not resent the out.
RACES committed on their rights by the seizure and
the punishment OF their messengers in this manner
Was il possible for ingenuity to devise better
mode Of irritating and rendering them hostile Let
one such act be committed, and the whole tribe
would be in arms. And Il there existed any dispo-
sition on the part Of the Hudson Bay Company to
encourage unfriendy feelings the part OF the In
dams towards US, what better plea could they
desire, or what seryieeabe argument
| could they use This was plain, and
| clear. Il was abstraction. And Mr.. s. here re-
futed the idea which had been thrown out, that
there was anything on the English statute-book CO.
extensive with this bill originally reported; 40
amended, there might be; that then in It's prse-
neal operation, the bill would go much further than
1 English legislation had gone. He would limit s
operation to citizens OF the United States TO other
persons In that territory, who acknowledged allssi-
anee, or Owed obedlence TO the government Of the
| United States he would embrace all persons who
were there either as American citizens or persons
In American settlements acknowledging allegiance
70, as being within the range Of, American laws
The mischief would thus be avoided, whilst at the
same time all the benefits which we required might
be accomplished. ...
Mr.. JACOB THOMPSON said the question
simply was, whether power should be given TO ar
| rest individuals who might excite the Indians 10
murder citizens in that Territory, or whether IL
should be confined simply 10 citizens who owed
| obedience TO the laws Of the United States.
| Mr.. Seldom continued. Undoubtedly Che said
he would so restrict the provision; undoubtedlyhs
would exclude all British subjects from arrest dur
ing the continuance OF the convention for that or
any other alleged offence; because there was in that
convention an express provision excluding W. from
the exercise Of exclusive sovereignty jurisdiction
| What right had we 10 arrest British subject there
the ground that he was stirring up dissenson, OF
attempting to interrupt the peace and trufqullily Of
the United States, or ofthe Indian tribes Let gen
4 temen bring the matter home 10 their own feelings
and sentiments. Let an American citizen be arrest
| ed the allegation that he was carrying a
message, or listening to a talk, which, in
the estimation OF the Hudson Bay Company, or
one OF its superintendents officers, was calculated
TO disturb the peace. Let him be arrested and pun
lshed. What would be the feeling Of every Amsri-
cam What would be the feeling Of every reprcsen-
Iatiye on this floor, II, during the continuance Of
the convention, we were TO receive information Of
such outrage Would he not feel called upon
by the most solemn obligation Of duty to his coun-
try, and to the citizeRs whom that country was
bound protect, not only to feel the injury but TO
resent ~ The gentleman himself Mr.. JAcos
THoMPsosl was not willing to give the right to pun
ish British subject He says they must be dis
charged. But what right was there TO arrest Brit
lsh subject II oar jurisdiction did not extend so
far TO the power TO punish, by what right was he
to be arrested Such thing might be done by mis-
take, when seeking to arrest an American citizen;
but n wllfully and desgnedy done, knowing that
we had no jurisdiction, what II but gross vlo-
laton Of the conventioni-what was il but national
i Lynch law II had been said that the power Of
Judge Lynch seemed about to be superseded on tho
laaaf de If he
plate the removal Of the jurisdiction Of that illus
trious jurist westward Of the meuntansi Did they
contemplate making him their superintendent Of In
dian affairs Look at the indefinite character Of the
powers thus bestowed Ii would be power enough
to authorize the superintendent TO Judge what would
/. be Iniracton OF the treaty-or overt actor
a breach Of the peace. But to allow him TO pene-
rate the recesses Of the human breast--to decide
the secret intent Of messenger-was giving pow
very little short of that exercised by Rhadaman-
, thus in the internal regions. IL was altogether
pugnant to the genius Of our institutions and to the
spirit Of freedom. This he had sought to remedy
by the amendment. .... .... ...... r.
II He came now to consider the objection to the
mode of judgment and OF punishment He was
happy to find that the views Of gentlemen on oil
sides accorded with his own on this point, and that
even the gentleman himself admitted that this pro-
vision could not be sustained. II was well it was
so, for the provision in direct and palpable yo
lation Of the express letter Of the constitution Il
gave to this superintendent who to be clothed
with powers that would disgrace despotism, the
right TO punish at his discretion, and on his own
judgment of the intent No trial by jury was re-
quired-no indictment presentment was to be
found He would ask the clerk to read certain
clauses of the constitution of the United States g
The clerk read the following sections; . 30
The trial Of all crimes except in cases of impeachment
mo person be held to answer for capital or other
wise Infamous crime unless presentment or indict
m o a
I'm all criminal the shall enjoy the
the State and district wherein the crime shall have Been
committed, which district shall have been previously
of the accusation; to be confronted with the wnes
against him have compulsory process for obtaining
sci for his defence" .a'
Such (Mr. s. continued) were the acquisitions Of
the constitution. This Oregon territory il true
was far-of country but not too far to demand our
attention-to be kept within the pale Of the const
tuition, or the operation of the fundamental laws Of
the land. Those laws would be expressly violated
/, by the provisions Of this bill. ""
In conclusion, (said Mr.. ST. allow me, Mr.
Chairman, to say that in my opinion, il would be
more advisable to strike out the whole section than
to attempt to amend it. The bill which we passed
the other day for the protection of American emf
grants extends the laws and Jurisdiction Of the courts
Iowa, as far as applicable, the whole territory
west Of the Stony mountains, and appoints agents
or superintendents to whom is entrusted their exc
cution. The appointment Of other officers by this
BILL and the enactment Of other legal provisions for
the punishment Of offences, may produce serious
confusion in the execution and administration Of
laws under conflicting systems and with different
sets Of officers; and especially az the ultimate
thority which might reconcile conflicts or settle diff
ferences must be so remote. Understanding, how
ever that there was an wish on the part Of
many to retain some of the provisions of this sec
ton, have contented myself with endeavoring TO
remove its most obnoxious features therefore
only press my proposed amendment though
would prefer TO have the whole section stricken
oNt. .... '..r #.- CON.
Il Mr. THURMAN said it was not his intention
to infct long speech upon the committee, and he
, should not trouble then, with single remark were
it not that he had yesterday submitted substi-
ue for the section, and were it not that the amend
ment of the gentleman from Virginia Mr.. SELDOM
was, in his opinion Objectionable.