The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-03
CONGRE SSIONAL.
SPEECH OF MR.. |. f.. HOLMES,
OF SOUTH CAROLINA,

On the RESOLUTION authorizing The President 10
give the notice for the termination Of the joint oc-
eupapey Of the Oregon erritory,
The House being in COMMITTEES Of the Whole on
Mr.. HOLMES rose and addressed the committee
as follows
Mr.. CHAIRMAN; The subject before the committee
is Oregon. Where is IN and what is IL From rs
bosom, as il by the enchanter's wand there has
sprung a dark spirit IN the air, now soaring over
this peaceful country, on the dusky pinions Of
kend with the restless and rowing eye OF the vuure
for the field of carnage. Oregon! What is IL Is
il the quality Of her soiE Is il the wealth that is
contained in her mineral BOSOM the capacouSness
of her bays the clearness and the rapdty Of her
streams that have invested her with these magic
hues' | have listened intenty for the reasons, and
do most conscenliously declare, that the whole Of
them have been resolved into two simple PROPOSE
lions;
First, that the title is unquestioned and unques-
tonabe. Secondly, that the area of freedom must
be extended And upon these two abutments is to
be sprung great arch that is to cover the whole
question with all its mighty influence. Unques-
honabe and unquestioned! Why, sir, il is not I'M
questionable because it has been QUESTIONED; and It
ever will be questioned because it everwill be ques-
donabe. Sir, deny in toto any right, any claim to
that territory, to any part parcel thereof that
does not appertan with equal force and efficiency to
the power Of Great Britain And if ! do not, by as
fair reasoning as can bring, demonstrate this posi-
ton, am willing TO give up now and forever any
claims to logical powers The title that you have
is met pui passu by Great Britain. Whence, then,
do you derive your tte' Is il by discovery and ex-
plorationl Then you must be bound by the rules
and laws that limit discovery and exploration. If
the discovery Of Gray, and the exploration by
Clark and Lewis Of the branches Of the Columbia
river can do anything, they can give the right and
title to the waters of the Columbia, and to the lands
watered by that river; to that extent, more. The
right which applies to you applies with equal eiicen-
ITO Great Britain. The discovery by Cook and the
exploration by Mackenzie of the waters north of
400, give to Great Britain that region. Gentlemen
cannot apply the rule to us, and denyi; to Great
Britain. Viii coniiguity, which has been much
talked Of as point of title, give US anything that
must not equally appertain to herr Contiguity !
title that enables The civilized portion Of country
TO roll over upon the savage portion, contiguous or
adjoining. You are circumscribed within the rules
applicable TO that title. And what does that give
your The country that is contiguous or proximate
TO 400. Ii you have it by contguity, how will you
deprive Great Britain by the title Of that be-
yond z9@ ssk II any gentleman here, in his
deep acurnen, in the extent Of his analysis, and
the discrimination Of his powers, is able 10 dscrim
mate between the claims Of the two governments to
these respective portions Of the same territory on
the same title Of contiguity' So far, therefore,
the title to separate portions of this territory
cerned, you have title equally good But you
not content with that You say we must have the
territory not to 49o, bu, to $40 40.
Where is your title' Our trtle, you say, is the
Spanish deed, giving us the inves,ture of 1919 Is it
so' have looked into the deed. Does it purport
to convey the sovereignty Of Spain in the territory
Of Oregon to the United Stetess Look at it. 1t is
not so. II conveys all the claim that Spain had and
it is limited by the claim that Spain had. And
what claim had she3 Exactly that, (and wish to
be met on this point, if can be metz which the
Nootka Sound treaty left her-nothng more. You
claim through Spain, and you then revert back to
yh,o ld n,sh of
Spain, in the year 1919, had not any title derived
from discovery or exploration. want this prop
osiion distinctly stated to logical minds, that You
have no title by discovery, and no right by settle
ment under that treaty Spain, in 1919, transit rred
to you her title, and her only title through the Moot
ka Sound convention. This will prove.
Gentlemen argue, and it seems to be admitted, that
Great Britain derived her claim the territory from
the Nootka Sound convention-that Spain the
grantor and Great Britain the grantee. But Great
Britain was not the grantee of Spain, nor Spain the
grantor to Great Britain. The title which Great
Britain and Spain had by virtue of that treaty, was
title of purchase, based upon valuable considera-
tons on both sides. Spain commended for the
trey Of that region, on the ground of prior dscove
~. Great Britain asserted the same claim; and
these claims became nearly the subject.m matter of
war. What did Great Britain do' By her prepa-
raons for war, she coerced Spain into treaty. For
what For privilege from SPAIN No; for the ac-
acknowledgement Of right. She went to war, was
about to do 80. The convention of the Esouria fol-
lowed. And what did il do? Under that conven-
ton, deed was drawn by which Spain and Great
Britain mutually agreed to relnquish their respec-
tive claims to the respective portions of the terrific
ry, and to enter for certain valuable considerations
on both sides, upon joint tenancy, in which the
sovereignty (as it was termed) was to be left in
allegiance, but the usufruct in perpetuity. 1t would
be preposterous to suppose that the moment Great
Britain was about 10 coerce by arms n legal title
which conquest would have given her, she would
renqush that title and take up defeasbe title 1t
would be childs play. But it was no chld's play
Great Britain played no such game.
Great Britain and Spain, therefore, entered into
deed of Joint covenant relinqushing specific claims,
and by that REIMBURSEMENT purchasing joint one
How does the Secretary of State, who has brought
10 bear all the acumen of his mind on this subject,
endeavor TO evade this question: BY the abstract
statement Of position which is not true. | say
boldly, position which is not true.--namely, that
rights by treaty are destroyed by war, and that the
subsequent war between Spain and Great Britain
destroyed the title. Sir, deny the proposition
The law Of Datons is this: all treaties containing
privileges all privileges acquired by treaty, melt
away with war; but all rights secured by the treaty
enure after war. give familiar illustration. We
entered into treaty with Napoleon for the purchase
of the great Louisiana territory. Suppose were
to go TO war with France Tomorrow: would Ar
kansas, Louisiana, and Mississippi revert backi
Surely not. Why Because 1t is a treaty Of right.
But'fwe went TO war with Great Britain to-nor-
row, we should lose the fisheries on the banks Of
Newfoundland. Why Because the treaty sGpu-
lated them privilege.
And that question comes round now. Did Spain
confer privilege on Great Britain by the treaty of
the EscurIel, or did she acknowledge a righp
What was the treaty intended foR To remedy an
evil. What was the eVis That Spain had inter-
fered with the rights Of England set up in OPPOSE
ton to those OF Spain. The contamination OF the
treaty was. that the conflicting rights Of parties were
merged in JOINT right And now for tho reason
Does that deed say that the British have a recent
from Spain for any Of these privileged No: but il
says that, hereafter, the two contracting parties
shall Jointly occupy the lands and make settlements
wherever they pease--reserylng the sovereignty
these particular settlements-bu with the right
Of gess and egress TO the subjects Of the other ma
ton. -......
Gentlemen say, and TO most of them it is a vision
Of horror, that the American and the British people
would be compelled 10 live upon the same soil under
different laws Sir, to my unassisted vision, it is
one Of the most beautiful animating, and soul-stir-
ring conceptions that the eye ofmaginson can con-