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

our territory, and only this. IL extended concur
rently with the British legislation so long as the
treaty continues II would become exclusive as
soon as the treaty expires And he considered II
sefevident that il should be first applied to our own
not 10 British territory.
Recurring TO the objection, that it extended our
jurisdiction TO the extent Of title, and II was un-
certain how far our title goes, he repeated, that III
principle this provision correct, though IN Prae-
tlce il might possibly give rise TO collisions nu
there was, in his estimation, probability OF con-
hct arising Immediately, unless the public authori'
ties Of the two governments desire TO have eohhic'
The President Of the United States, through his su,
perintendent of Indian affairs, under this bh would
have the power TO restrain American citizens IRON
any aggressons that would lead to a conflict; and
the British government through their judicial oficer
in that country, James Douglass, had the same pow
er; for ANYBODY who knew anything about that nigh
functionary, knew that he exercises a more unlim-
tied, unrestricted power in Oregon than any despo'
on earth. His will is law, and his vassals execute
his will Talk about slaves in South Carolina or
louisiana the British subjects in Oregon were mere
slaves. Look into the condition Of the Hudson Bay
Company, and you found slavery in all its forms.
Hence there was no necessity OF collision between
the settlers belonging TO the two governments, I'M
less one or the other desire to produce 1t.
But the fourth section of the bill was objected to
because it contemplated the granting certain
gon; and the gentleman from Alabama Mr. CHAP
NAM said Il was manifest that there no dlstinc-
ton between the promise TO grant and the grant oil
lands itself IL seemed 10 Mr.. ID. TO be debatable
point For instance, the treaty Of joint occupation,
to some extent, merged the sovereignty Of the soil
and left it in allegiance The grant Of land was a
high act of sovereignty and would hence be consd.
ed violation Of the convention; but as we claimed
we own the country, and there was some part OF II
over which none would dispute our claim, prom
Use could be made that when this incumbrance aris-
ing out of the joint occupancy shall be removed
when the sovereignty shall be brought back to lta
original position in US, that then we will make the
grant. II was like the bond, that when you buy O
piece Of land you will convey II. Or, II was more
like bond, that you will conveya piece Of land
without incumbrance, when the incumbrance, which
is now upon it, Is removed. He thought there was
a manifest difference.
Another objection to striking il out was, tina,
every bill heretofore introduced into Congress had
made promise OF lands hereafter. Our people have
gone there and settled under the faith Of this action
If they refused now TO carry it out they discourage
settlement, and thus weakened our force in that ter
ritory. For this he thought it would be inn
polite TO leave it out.
But if gentlemen would look at the act Of the
British Parliament of 1921, they would find that
the British government contemplated at least some
thing Of this kind. (Mr. ID. referred to the words
that DR.. Mclaughlin, the acting governor of the
Hudson Bay Company had laid out towns and
cities even south of the Columbia and even in some
cases that American citizens held town lots, the
ground upon which their store houses were erected
&c, under deed from the governor of the Hudson
Bay Company. And yet, Notwithstanding all this,
were we not to make promises Of grants, when the
incumbrance upon our property is removed He
was willing to go in our legslation-not as far as
the Parliament of Great Britain had gone-but as
far they had deemed it proper to execute the laws
they had passed. These laws under the law of
1921, were to extend over the whole of Oregon alb
solutely, Internationally, exclusively without any
exemption Of American citizens from the operation
Of those laws. Yes, by the laws of the British
now in operation over Oregon, every American
citizen if arrested, was liable to be taken to Canada
and put into JAIL until trial. whenever the acting agent
Of the Hudson Bay Company shall say so. II was
true that the British authorities did not think il
proper to execute that law, and therefore instruc-
lions were given to draw a distinction. American
citizens thus exempted, not from the law, but
from mere motives Of policy, by order Of her
Majesty the Queen to James Douglass, her rep
resentatve in that territory.
Mr.. HOLMES was here understood to suggest
the difficulty that would arise under this bill when
Iowa threw off its territorial character and ad-
mitted State.
Mr.. DOUGLASS said the committee had antici-
pated that; and this would be the remedy The ad-
mission Of Iowa into the Union created q necessity
for the organization of territory adjoining
Iowa, for the protection Of citizens left without its
boundaries and they proposed, at this session, as
soon as the Iowa bill passed. TO create new terri
tory and attach Oregon to it.
Mr.. HOLMES here made another remark, which
was altogether inaudible to the reporter
Mr.. DOUGLASS resuming, said yes. know
the gentleman is speaking as friend to $40 40 and
if $40 4G had many more such friends to speak for
1t on this floor he was really afraid that would
have no Oregon at all; that all Oregon would be
bIotted out Of the map, and would not be found on
the face of the globe except in the British posses
sions. The gentleman friend of $40 40! Why,
the gentleman regarded the $40 40 men as "wnr
hawks" and "war dogs"
In reference to another remark of Mr.. HOLMES
Mr.. DOUGLASS said the gentleman remarked
that they-the friends Of the entire claim to $40 40
had modified their position; but he thought the
gentleman would find that the only way to account
for this seeming change of position, was that the
gentleman had thrown away the glasses that for
merly obscured his vision, and now saw their posi-.
ton in its true light. So far as he (Mr d. could
speak for the $40 40 men, he could only say that
he pursued such Legislation as he believed best cal
culated to protect rights there and get the
whole country. He was for Oregon, and the whole
of Oregon; and if gentlemen thought that there was
any inconsistency between this bill and their posi-
ton, he wanted them to consider that the OPP
position of friends, from whom they had RICH
to expect better things, compelled them to take that
which they found it extremely hard to accept; but
that which, because they compelled to protect
our rights there, and MAINTAIN the honor of country,
they took the best they could get. And he hoped
they would not be tainted with it, in addition, by
applying to them the term moderation. But if the
gentleman meant by the term moderation a DISPOSE
ton to yield up one inch from $40 40 now or here
after, under this or any future administration,
or to sanction or approve, justify, or defend any
man that does it, he would find himself mistaken
1.-THE gentleman expected him, as $40 4O' man ever
to release the democratic party from the charge Of
perfdy, if they receded from $40 4O, or renquish-
ed any portion of the territory below that, he mis-
took his man. Mr.. ID. made no quarrel with those
who differed with him. He impugned the motives
of no He left them free to exercise their own
Judgment but he withdrew nothing he had said up
on this or any other occasion, az to the awful res
possibility that rests upon any that should ever
yield one inch from $40 40 after being committed to it
as firmly by 'honor he said the whole dem
ocratic party were.
These being his sentiments when he came to lie.
gislation, he might yield something for the sake of
obtaining greater good hereafter. He knew in the