The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-28

1871, 10 which reference has been frequently made
That act OF the British Parliament, submit, is in
equal sense, and to the like extent with the present
bill, territorial 10 It's operation. BY il, he courts
ofludicature in the province of Upper Canada have
conferred on them "the same civil jurisdiction
power, and authority, within the Indian territories
and other parts of America not within the limits Of
Lower or Upper Canada, or ofany civil government
Of the United States the said courts have or are
invested with, within the limits OF the said provinces
Of Upper or Lower Canada,n &c. Nor is the
saving Of the rights Of the citizens Of the United
States under the convention, by any means clear
and satisfactory the saving in this bill in behalf
Of British subjects. A full examination Of the pro-
visions Of the British act will, think satisfy every
one that in the assertion Of jurisdiction, il goes al
least FAR, II not farther than do the provisions OF
this bill. Rut the gentleman from Tennessee Mr..
BRowSl argued thai this act Of the British Parla-
ment must be held to have been superseded by the
subsequent convention of 1927, which is the one
now subsistng in relation 10 the Oregon territory,
and, therefore, not In force. The validity OF
this argument cannot be admitted. The convention
OF 1927, far as II relates the rights and priv
leges secured 10 the citizens Of this country and
Great Britain respectively, is Identical with that OF
1918, which was in force al the very time the Eng
sh statute was enacted. IL that statute was enact
ed, and operated during and under tho joint con-
vention OF 1875 how could the renewal OF the der
tical convention in 1927 with no other change than
| lp cAbUFiOH WIN u pTOFlblOn lOT lls
termination on twelve months notice in lieu Of a
specified term Of years) annu and supersede the pro-
visions OF the statute. Such effect cannot be as.
ebed TO the renewal OF the convention in 1877 but
even if it could, and the British were really
existent still the fu effect OF the British precedent
would remain For by that act, passed in 1921
after and during the convention OF 1918, clear
manifestation is afforded that according u the I'M
dersanding and construction Of the convention by
the British Parliament provisions for the extension
Of jurisdiction, in tna act, Qke unto those in the
bill before the committee, were not IN contraventon
or violation Of the joint convention.
This precedent, Mr.. Chairman, may suffice to
relieve the scruples Of such members as would not
wish; in egislating under the convention, to give
ground Of complaint to Great Britain that it had been
violated. But II apprehensons on this score are
still entertained by any, they must, think, be dis
sipaed, by reference to the despatch Of Mr. Gala
TIN, who minister Of the United States, negotiated
the convention of 1927 In that despatch he states
the conferences had between the British negotiators
and himself in relation TO the powers which might be
exercised by the government OF the United States
under the convention. He says:
THE establishment OF distinct territorial government
on the west side OF the stony mountains would also be
objected to as attempt to exercise exclusive
~ observed that although the Northwest Company
might from ts being incorporated from the habits OF the
they employed and from having monopoly with re
'Pec to trade far British subjects concerned
~ on species Of government without the assistance OF
that Of Great Britain II otherwise with Our pop
ustion there would consst of several independent compa
MES and individuals. We had always been in the habit
in most remote settlements Of carrying laws,
and justices OF the peace along with There alb
'oule necessity part to have species Of gsV
srnment Without it, the kind Of sovereignty rather
Jurisdiction which II was intended to admit, could not
be exercised part. n mgE,,tsd aud s,smsd
h BE- asgescsd in that rae difficulty nisk De o6risf,d pro
The srtef0a Of neV TERRITORY pas ps confined
" 10 the TERRITORY r,H of the tkaf ,kotld 4, de-
insd embracing all the posttsons Of ne United States uss
line that should b. al distance from and Of the
Stony mOuntaiasr
In pursuance, probably, Of this very suggestion,
he present bill has been so framed as to Include |
within its operation undoubted territory of the |
United States lying east Of the Rocky mountains
'iz "the intermediate country west of the Missou-
river between the 4Oth and Add parallels of north
nissoners must apply to this bill, and preclude OBJ
ection on the part Of their government, that it is
'ioative of the joint convention.
trust, Mr.. Chairman, to have now established |
hat, so far this bill operates during the continu
,nce Of the convention Of 1897, its provisions are
needed; that they are Just in themselves, not vi
,lative ofthe convention, but only commensurate
n the protection afforded, and authority exercised
With the rights and privileges ascertaned and secured
)y II; that they have the sanction of English pre-
,edent and example, and are only in conformity
with suggestions received and acquesced in by the
British government through its commissioners, at
he negotiation of the treaty. So far the bill has
ny appreciation and support.
Before proceeding, Mr.. Chairman, to consider
he bill in Its further, and to my mind most Oh.
operation after the termination of the
convention, allow me- the more especially as it will
nave material tendency to eucidae such subse.
luen operation, to ascertain with precision and ce
alnty the limit Of territory or latitude to which,
Turing the convention, the jurisdiction of the United
States Is by the bill to extend The object of the
dill, during the continuance of the convention is to
protect and all the rights and privileges as
erained to belong to our citizens by its stpulatons
md consequently, to effect that end, its operation
must be commensurate, as to limits, with the terri
DRY III which such rights and privileges exist. 1t
will then cover the whole territory embraced by the
of JOINT occupancy and as that territory
extends to the Russian line--to the
Utmost limit Of $40 40 north atude--the operation
# the bill must be to that extent likewise. On this
'ont there can surely be no question: (here several
members around expressed acquiescence aloud, and
Mr.. S. addedD and am happy to hear the position
Omitted by honorable gentlemen of all parties
round me. | shall proceed such admission.
l come now, Mr.. Chairman to the consideration
# this bill in the more important view of its pur-
'ose and operation after the termination of the Joint
convention. What, then, will be its aim and efTecG
maintain, with entire confidence, they will be to
xtend the phoe territory of Oregon to the ut
most limit of $40 40 north latitude or the Russian.
ne, the absolute and exclusive jurisdiction Of the
,ws and government of the United States to the
ispossesslon of Great Britain, Of all other ma
ions; and that, for the accomplishment of such re.
ul,, the power substantially Of making war; and
IMPLYING the military force of the Union, is in
rusted to the discretion, not even of the President
ut of the executive Of distant territory.
The bill is indefinite in duration, and no distinction
whatever is made in the language prescribing the limits
which jurisdiction shall extend be- ore and after the
The phraseology is loose and vague,
IL: cover all that portion of the territory of the
United States which lies west Of the Rocky noun
ANS" and after, as before, the termination Of the
onvention, the proper construction to be given to
bill must be determined by the officers to admin
'ter it, by judicial interpretation as have al
eady established Mr.. Chairman. The object of
he bill, during the tendency of the convention, be.
ng to assert jurisdiction coextenslve with the rights
scertaned by its stipuIations to belong to u.s. and
hey extending to $40, 40, the necessary construc-
ion of the phraseoogy Of the bill, both in common
and judicial Interpretation, will be to
xtend jurisdiction to that extreme limit. To pre-
lsely the same language must not, after the term.
alton of the convention this necessary interpreta
on, previously ascertaned, be continued and en- I
,rced With nothing in the bill to limit restrict
UGH construction, the meaning, once ascortaned
nd affixed to the phraseoogy, Identical both before