The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-16

sert our claim or right 10 the eminent domain a.
present. or 10 undertake 10 pass upon that which IL
The business of the President, and Of the treaty
a making power Therefore il is, that have omit
ted the words Gall territory" and have conhn.
ed nv proposition 10 description Of what is called
the territory Of Oregon, extending the jurisdic-
zion of our laws to our citizens in that territory
| and not undertaking TO pass upon the title of the
: United States.
4 In another part of the amendment, have made a
reservation with regard TO the British subjects, so
that there shall be complaint on that score Ii is
said that the bill under consideration is the same
as the British act. This is not SO. will ask the
clerk TO read the preamble and first section Of the
act OF Parliament, (passed in 1909 concerning this
territory. The clerk read as follows:
Where's crimes and offences have been committed
in the Indian territories and other parts of America,
not within The limits OF the provinces Of Lower and
Upper Canada, or either Of them, or Of the jursdic
ton OF any Of the courts established IN those prov
nees, or within the limits Of any civil gOvanmsnt Of
the United States Of America, and therefore not
eognizable by any jurisdiction whatever and by
reason thereof great crimes and offences have gone
and may hereafter go unpunished and greatly in.
crease; for remedy whereof, &c Be IL enacted, That
from and after the passing Of this act, all offences
committed within any Of the Indian territories, or
parts OF America not within the limits of either Of
the said provinces Of Lower or Upper Canada, or of
any civil government OF the United States Of Amer
Cat hndil NC, anu DC ueeHtu 10 DC OUcnCcs OF the
same nature, and shall be tried in the same manner,
and subject to the same punishment if the same
had been eommltted within the provinces Of Lower
or Upper Canada "
The act Of 1921 was the second act, and refers to
this act Of 1903 whilst the same time il recognises
the convention between the United States and Great
Britain And in both OF these acts, the territory
is always spoken Of az the Indian eountry-the In
dian teuitory-countries contiguous to Canada.
There Is assertion OF the right OF territory or OF
eminent domain. Now, by the bill under con-
slderation, there is direct assertion OF the title to
that country. Under what circumstances was the
British act passed. great deal ofcspital has been
attempted TO be made out Of il. There was no col
lision between the two governments at that time.
As was well remarked yesterday, the bill was pass
ed under different circumstances from those which
now exist The two governments are now on the eve
OF collision; Il 10 IN contemplation TO giyea notice
terminating the convention under circumstances ma
terslly differing from those which then existed.
am willing 10 90 as far as Great Britain has gone in
extending jurisd ction the territory but will
not consent 10 trench the rights Of the President
and treaty making power, and to decide IN this
House question OF title which belongs 10 another |
tribunal. Distressing my own ability, with great
Difference 10 the superior wisdom Of the House and
with desire to attain the object which believe the
House has in view, submit the substitute.
Mr.. PHELPS (of whose r marks u report will |
appear hereafter) next addressed the committee in
favor Of the BILL and in yindcaton Of Its provisions
Of the series Of measures recommended by |
the President necessary for the protection Of
American rights in the territory Of Oregon, and for
the protection Of our emgrants now residing, or on
their route there.
MIR. JOHN A. ROCKWELL briefly gave his
views Of the bill and Of various amendments. He
objected to the amendment Of Mr.. PAYNE as inefec-
tive for the purpose declared to be intended by it
viz to limit the operation Of the law to the contnu-
AM al the Of ls0I and advocated the
amendment Of Mr. VRToS to the amendment
going to secure this object. He was ready 10 give
his hearty concurrence TO the bill in case il were
amended TO bring 1t to conform TO its ute and
thus "to protect the rights Of American settlers in
the territory Of Oregon during the continuance Of the
oint occupation in the same;" and he thought that
in this form it would receive the almost unanimous
support OF the House. Beyond that he not
willing TO 90, nor they required TO 60 by the
Recommendations Of the President. During this
continuance he was ready 10 extend the protection
of our laws over our citizens in the entire territory,
and il was immaferial whether the extreme bounda-
ries were mentioned or it was left in general
terms to operate throughout the territory. But he
objected to it in its present form as framed to operate
beyond this period, and in addition to the general
Of this extension he pointed out many
provisions rendering the bill defective and impract
cable permanent measure.
In the course of his remarks he yielded for ex-
PLANTATION or inquiry TO Mr.. THOMPSON, Of Pennsyl-
vania, and Mr.. JOINS, of Georgia.
Mr.. WICK addressed the committee in speech
(which 10 in the Of preparation and will APP
pear hereaer in defence OF the course Of the Pros
dent in relation to this question, arguing that upon
the British government now devolved the Gnu, Of
reopening negotiations, (f any more were entered
into.) and giving his views generally.
Mr.. S. JONES said it not his intention TO
occupy much of the time Of the committee. II APP
peared to him that were, and that we ought to
~ -, 4
sen of our lava the Oregon territory Englan
land had done many years ago in the extension of hers
And if he had been able 10 ascertain the extent 10
which she had gone, there was no limit short of i2O
south. Ii had been contended by persons on this
floor, that these laws not intended to extend over
American citizens within the Oregon territory; but
remarked by gentleman the other day,
that was only the construction placed upon the law
by her Judges. The laws Themselves made ex-
cepton; they did not except the citizens Of the Uni
ted States from their operation. But 1t had been
observed that the judges had wisely put construc-
ton upon it, whether as judges or for political pur-
poses to prevent collision with the United States
and infringement of treaty.
Now if there were any Infringement Of treaty on
the part of Great Britain, it by the passage Of
the law. She considered that under the convention
she had right to pass that law; the United States
never had considered that she had not that right for
we had heard no remonstrance against the extern
sion OF the laws Of Great britain generaly over inc
people of Great Britain in that territory. We pro.
posed to extend our laws, and we proposed an ex-
ceplion in favor Of British subjects where they be
guilty of any crime. Gentlemen had objected that
this exception did extend to civil cases. but Eng
land had made no such exception.
Mentioning the subject Of title into which he
should not now enter and stating that the Nootka
Sound convention conferred upon Great Britain no
right of settlement, except for mere temporary pur-
poses Mr.. j. proceeded to say that it time that
passed law for the protection Of our citizens
in Oregon In this all were agreed. The main
question was what kind Of acts they should be; and
it was considered by many by his constituents, and
by the whole American people that 1t should be
trucking to England if we feared to pass laws
coextensive with the provisions Of her acts.
For one, 80 far as she has gone, he was willing to
go; he would not stop single foot this side
But they were told that this law was objectiona-
BILE, because il operated upon the territory and not
upon the people Of the territory. He did not under
stand how law operated upon territory onless that
law intended to distribute lands lying in that
territory, or to make some provision in regard to
those lands. The laws of the United States operate