The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-21
by THOMAS RI


b, the bill made the offence lie, not in the over
.rt but in the intent and that il ought at least
cbaracterze in some way those acts upon which
ooeraied, so TO make them overt acts rom whlc
| mention could be inferred. ....
Mr. THURMAN said the bill did characterz
hem as specifically as il was possible to do and spt
ksd that il must be act for the purpose Of infac
me- a treaty of the United States, or disturbing tn
saes and tranquility of the United States. He fur
her argued that il was the intent which gave char
ser 20 the act and that of itself an act might be IN
DOcent when criminal intent would make II erlml
pal. ,rF AZ
Some further conversation eRsued between Mr.
Seldom and Mr.. TIL URMAN on this point
Another objection Continued Mr. ID was uia
his objection not only operated upon eiLens OF e
United States, but upon Indians and BRUSH sIo'
scts. 10 his amendment Mr., 4. expressly exc'u'
III Iadian. and Ibe subjects of Great Britain from
me operation of this aw-Indians forever, and sub
scts of Great Britain during the continuance OF the
convention. Perhaps the gentleman and himself
did not agree precisely upon this point, however
Ne (Mr. IT. y believed that Indians ought to be ex'
,uded from the operation Of tins law--thst we
onght not 10 punish them for offences committed,
I'd that the attempt (eyen if we had the power
would be more likely to produce disturbances and
Unhappy effects than to promote the peace and tran
0uillity of the United States.
He was also opposed TO Furnishing British sub
,cts by eur tribunals during the existence Of this
convention; but he was not in favor Of limiting thus
,eton so as to prevent their being arrested. The
yntleman from Virginia said II would be in viola
ION of our treaty with Great Britain to arrest these
|d,urberssof the peace in case they were subjects
Of Great Britain. Certainly there was nothing in
h. treaty which in express words prohibited us
rom extending our laws over that territory. IL
vas his judgment that we could not make
rants Of land in the Oregon territory under this
Convention. The treaty merely provided that
las country should be Tree and open during its
continuance 10 the vessels, ctzens and subjects Of
|hs two powers. A grant Of land conveyed exclu-
ave possession; therefore il withdrew TO the extent
|hsl IL went, so much land from the operation Of the
Convention. But he was not willing to 60 further,
ud say that we can arrest no offender there at all.
THE provision Of the treaty was simply TO leave
|fee and open the country to the vessels, clti-
Isns and subjects Of the Two powers; and II has
|Droperly been termed a treaty of navigation and
|lnde. Now, pass this law, and would it prevent
line lawful trader of Great Britain from exercising
Ian the privileges secured to him by this CON
|venton-from navigating the waters and trading in
his territory He thought not. And he was not
|,inguar in this opinion. The Senate thought so
when they passed what was known as Or. Linn 5
|blI, which, without giving the notice, extended the
Jurisdiction of our laws over that territory; and so
Thought the House, at least the democratic party
Of the House, when, at the last session, the bill or
ganizing Territorial government over Oregon was
reported without the notice included, and when,
lgainst the amendment to insert the notice, he be-
eyed the great majority Of the democratic party
Olsd. Under this law, then, none Of the rights and
privileges Of British subjects under the convention
we're taken away. He was not prepared to say that
v, might not arrest, and punish them too, by our
r0unals; but he was not in favor of furnishing
hem; be was in favor Of arresting them, and OF
landing them over to the proper British authorities
10 be trled. With such an act on our part, as well
Is the part of Great Britain, he compared the prin-
cpe and operation OF this enactment to the proyi-
non 10 the treaty Of Washington for the delivery
b fugitves from justice. So far from being an act
hostility, 1t would be an effort on the part Of
18th countries to prevent disturbance of the friend
relations between them.
Mr.. T., in conclusion sent up TO the clerks table,
b be read, the substitute amendment Of which he
s,d before given notice.
Mr.. JENKINS saId, that the laws of Iowa had
been extended over this territory by bill which had
tsed this House; and, therefore, no farther legis.
alton necessary. II, therefore, it was in order,
J. would move to strike out the 9th section.
The CHAIRMAN said it was not in order now
Mr.. JENKINS (continuing) said, he was inter-
fed in the remarks of the honorable gentleman
Rom Virginia, Mr.. SEpDoN,l on this subject, and
s apprehended whenever we undertook TO enlarge
be boundary OF the common law and introduce a
Jew class Of offences, we should do il with great
button. Upon looking into this bill, they found
bat II had been got up with that degree OF haste,
nd bearing such marks Of careessness as to render
unsafe to pass it. Whatever was contained in it
Beyond the mere appointment Of agents, in his
Judgment, should be stricken therefrom. When the
i'll they had sent to the Senate passed into a law,
pere was law enough over that territory to punish
|r all offences. All its other provisions were I'M
fecessary and inexpedient in every point of view,
nd he hoped they would be stricken out, leaving
Ifeey the clause providing for the appointment of
indian agents in that territory.
Mr.. JACOB THOMPSON should confne his
marks to the merits of the BILL and defence of its
DIVISIONS. He was surprised that gentlemen did not
onsider the circumstances under which it was re-
Cred The intention Of the bill was to extend the
,dian laws over Oregon where there were no laws
the United States now in force. Our object was
cultivate peace and friendly relations with the In
ans. With that view, the President of the United
aes, during the last year, had appointed a special
gent to proceed to Oregon. We now found it me-
ssary to extend this provision for intercourse and
Equation, and to reduce it to some order that our
slements may be protected there.
The gentleman from New York said the bill had
VI cViueHt HuStS, anu tbdt IL ndu Deen
nwn with carelessness. Now, if the gentleman
Dad looked at the Indian laws, he would find
had been taken almost entire-with the exception
one provision, and that was the change of arrest
Pom the military to the superintendent those
Tvs, and he thought the haste and carelessness the
|tnteman would find rested upon himself
As to the next pont-the matter of punishment
Pc agreed that if we had any tribunals there he
(ould give no jurisdiction to the superintendent,
Fut in the absence of all judicial tribunals, what
Mould be donei The citizens of Oregon lived I'M
r such temporary and imperfect laws as they
greed upon themselves; it was all lynch-law in
|rgon---the law Of public opnion and in the alb
Ence OF all means Of trial, it was certainly an i'm
ovement on the present state of things to give the
|nsdicton to the superintendent, who, after trial,
foud report to the Secretary of War, he having
eye all the time to the preservation of the peace,
FsIfare and good relations of our citizens. But he
resumed we should have the jurisdiction of
bunals extended over the territory; he had there
pre- stricken out this provision so as to give to the
perntendent the power Of arrest, and then to de-
ven the person over to the proper tribunals of the
nited States.
He agreed with good deal the gentleman from
lrglnia had said, but he could not agree that we
onld change the law, as il now stands on this side
the mountains for the other side of the noun
ms, and make special exception in behalfo of the
nVsh subjects, for two reasons, and, he might add
h'rd-the first and greatest of which was, that
we make an exception in behalf of British sub.
pets, we do more than tbev b,y. o,or ,,.ano,.a %