The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-04-04

the line Of AZ west Of the Rocky Mountains why had
she continued claim and what right hal she TO clai
any portion Of the territory south OF the Seth degree
she could have right such aim she could al
vance Il He commended that he had thus broken the
bonds of forty and that he could return home
redeemed from captivity Great Importance had
been attached upon the word "indehntelyn in Mr. Mon
instructions relative 10 the running westward OF
the parallel OF fortynine our northern boundary
Gen argued to the conclusion that If il were con-
temps.ed IN these instructions to this line TO tine
IL would have been definitely, and not
indefinitely He still stood there the Representative Of
the small band who claim the latitude Of 81 40 as
norhern ooundify lie nad conended Tor TINS oounda.
~ in si3 as be had shown by his printed and published
speech-he had contended or il before this was made
party quelon-he had contesde for it then and he
tended Tor II now Every man believes that title
south OF AZ Ia niispuable and every Senator believed
that We had some title 10 portion OF the territory north
OF A. Thus much 10 support Of the preension OF his
friends and himself certain that the treaty between
France and England of INA did not establish the line
west of the Rocky Mountains His object was to show
that the line OF Utrecht was never made barrier We
have therefore perfect imperfect title portion
OF 20 Inc waoe there can exist no title upon the imag
nary line OF the 49h degree. II the valley
OF the Columbia claims strong and the boundary
Is unquesoned but if tits assumed that by the Offers
OF the asth parallel tho British have derived claim
north OF that line, then must be admitted there
thng IN the case to warrant the surrender OF all But
the treaty OF Utrecht never established the parallel OF az
There was no proof that it had the territory
known to Great Britain and France at the time from tho
admission OF the British minister in 1926 who claimed
the nucleus OF the British title the voyage of Captain
Cook IN l7Is; the treaty of Utrecht had for its OBJ.
the hudson Bay Companys possessions north of Cana
da then part of the territories of the French but II
BY that treaty the boundary the Pacific, then
Great Britain could have claim the territory west
Of the mountains, south Of 49, The Nooka convention
with Spain dscredted the extension of the boundary of
the treaty OF Utrecht. This treaty being only between
the Frenca and the English could not assu division
OF Spanish territory He should say after this
POSITION snauer wstd about the matter but there was
not member this floor but must perceive that the
treaty OF Utrecht never exended directly, by act
OF cemnissioners the parallel of 40 the boundary
fl4
sidesd that he had escaped the two heavy penalties Of
being chained to the of the Senator from Missouri
and Of Sighting the battles of the line of 40
Col Bnrros took the foor hut from his remote posi-.
ton and the hum of voIcea around it impossible
out by stating the position of the Senator Micni
gan to be- that the treay OF Utrecht contemplated
Gen CAss appealed that he did not say So What had
said was that he did not believe it aud there not
his voice he would venture t. that could believe
the treaty OF Utrecht settled parallel
boundary west OF the Rocky Mountains.
Col BEHren then understood ask the nee essity
oil the Proviso OF the 5sh article between the American
ana Brish commissionsrs proposing to strike out that
line and TO stop on this side of the Rocky Mountains
Utrecht
Col BsNroN repeated his demand, and assumed from
the silence Of the Senator that he had given his
sent. After some further explanatory observations be-
stood the Senator (eerrng the treaty Of Utrech in
what he had said; and that he him what
west slie OF the Rocky Mountains. Tho Senator was,
therefore, "out OF the frying pan into the fren And
from the assumption Of tho Senator this morning. ex,in
gushing the authority OF the treaty Of Utrecht,
whos title to this territory dates from the year 1907
Col cited passage from the fifth article proposed
ny the British commissioners to wit "that the said pa
ralte Che Asih shall be the dividing line between His
MaJestys territories and these 4 the United States
words, laying particular emphasis upon them
their respective territories extend that quarter" Col
with The administration Of Mr. Jefferson; and indignant
y asiend INN against the idea that he could have
with the British government. And now sir said he,
we are TO have all this testimony all authority frit
S iSgsa whS w SHa' n.Ys BY Green
ground assumed BY the senator from Michigan Mich s
give up all claims the territory down to the year
1907 every shadow of title derived from Grays dscove
ryIthe explorations of Lewis and Clarke the
explorations OF Saint Louis Fur Company all
would bs cut off The Senator from Michigan
could never escape. Colonel B. required TO the
OF Utrecht to the opinions of Mr. Jefferson and Mr. Mon.
roe, touching this contested boundary concluding that
from the treaty, Mr. Jefferson and Mr. Madison and MI
Monroe, construed the term ndefniteiyv as extend
ing TO the extreme of the continent He repeated his
osstn The he had made be the vindicaton of
such autn critics as Greenhows book 1t would not
answer TO Jet such of ignorance go forth to
the world as the authority OF Greehhow's BOOK Col B.
again recied the "as far west the territories
OF each party extend" &c Referring results at this
If he had thus to hit him. is because the Senator hits
me, las understoodj ~
COL BsSroN-le hit me once before.
GES. CAss-Never--never.
Col BENToN-He hit me, sir, with British thunder
Con. answered across, and Col B. rejoined that he
hoped that IN all such encounters they would be con-
Quoted as this had been day. but he thought that the
senator had hit him hrs and hit him with British
thu nder.
CIV CAS-Wili the Senator state the case?
Col BENTON referred to Gen Casss citation Of Lord
Harrowby, for running the parallel of 40 westward
definitely"
GES CAss read from his sreech in which be de-.
cares hat his belief that title good to the north
OF this parallel as south of it, that until can be
shown to the contrary he would march up, if he could
to the Russian boundary.
Mr. WEBSTER argued for the authority Of the line of
Utrecht; and that the termination of the 49th para
sl was not clearly defined in the OF the 10th article
OF SAID treaty, 1t was Il great confirmed by SUBJ
sequent scis based upon sad rsatythe lines upon GER
tam maps for example; and the line marked upon one of
them a. by the treaty BY the Commission
ers after the peace of Utrecht making course from
Daviss inlet on the Atlantic sea, down the 49th do
gree, &c.
onmotion OF Mr.. Hannegan, the Senate went into Elk
ecutive session.
House OF Representatives.
WASHINGTON, April g 1916.