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


ess he and too conscious Of real yalor To dread the
idle imputation Of midity in adopting the counsels
OF prudence and wisdom In their name humble
as am, | protest against and denounce the folly
and the madness which, by such improyident legis-
laton as this bill proposes, would expose them and
the country to the hazards and sacrifices Of need
less war. # 100 ..H ..I...
To the grave objections which have been urged
10 this bill without the restriction of the proposed
amendment, one answer, having sufficient plausi-
bility to require notice has been given. Ii h. that
the English Legislation applicable 10 this Oregon ter
ritory is coextensiye with the proposed opera
ton Of this bill; and thar IN adopting Il we bat fol-
low the precedent and example Of Great Britain,
who will consequently be precluded from complaint
Now, Mr.. Chairman, ! am NOT disposed TO cav
about techncahties, or bubble on tho precise
eonstruetion TO be gwen TO some Of the clauses Of
the English act Of 1921 am inclined TO admit
that the general phraseology Of that act may be
Justly susceptible Of the constructions contended for
But IL must be remembered when that act was
passed, and with what assurances il was followed
The enactment was AZ far back a 1881, aAsr the
adoption Of the convention Of 1918, and when il
was 10 endure for years; and II has been
continued under the renewed convention Of 1877
which was indefinite in It's duration Amer its pas
sage too, as Is well known, on he spp,icaxion Of
our government, who unprecedented is provisions
might be inconsistent with the convention satisiac
tory assurances were given by the government of
I.
and should not be construed, to extend to citizens OF
the United States, or invade the rights secured by
the convention. Practically and Substantially, then
This English enactment was passed with reference
only 10 the continuance Of the convention, and to
operate under and in strict subservency TO its pro-
visions. For more than twenty-five years during
which IL has been in existence such has been lis
actual operation, and not complaint has been made
or heard that IL has been extended beyond Brit
sh subjects, or made TO apply 10 citizens Of the
United States.
Here Mr.. JAoOB THoapsos, of Mississippi, in
terruPted MIR. Seldom with the remarks but in the
English act, what savings in favor of American cit-
zens exist Arc there any others than the simple
right 10 hunpnl
have stated, sir, Presumed Mr.. Seldom, my in
clnauon, with entire candor 10 admit that the gen.
eral words Of the English statute may admit Of
construction which would be less favorable TO our
citizens than under the convention they would have
been entitled to expect. But 10 the existing conven-
uon IN view Of which the act was passed, TO the
full assurances given in explanation Of it, and to its
practical operation for 80 long time, | refer with
confidence TO demonstrate the real character Of that
law, hnnd to show that II was personal 10 British
subjects and their possessons-not injurious to our
cluZens.
Here Mr.. Mcdowell, Of Virginia, who was
sitting by, handed TO Mr., Seldom book containing
the English act and desired him to read to the COM
mIttee IN this connexion, and in answer to the
remark of the gentleman from Mississippi, the
clause in that act in which the jurisdiction Of
the courts OF Canada is extended TO the Indian coun-
try, but 30 as not to apply TO any part under the
civil government Of the United States, &C.
Mr.. Seldom proceeded. My honorable colleague,
whose opinions entitled to the highest Difference,
has obligngly handed me the English act, and de-
sired me to read one Of its sections Feeling the ut
most respect for his judgment, do so. Here Mr.
8. read the sectonl From its language it is appa-
hat = a.. p -
United States is not meant to be injuriousy in
vaded.
Here Mr.. JAMES THOMPSON interrupted Mr.
SEDDos with the inquiry, whether, at the time OF
the passage Of the English act, there was any civil
government Of the United States in the Oregon ter
rory' or any part OH and whether the Jurisdiction
established by the English act could be ousted b y
any subsequent establishment of the civil govern
ment Of the United States in i'll
Mr. SEppoN resumed. wish, Mr.. Chairman
to deal with this subject in spirit of mere par-
sanshIp, or for seeming triumph in argument bur
with perfect candor and frankness. | therefore do
not hesitate TO reply to the gentleman that there was
not, TO my knowledge, at that time any civil gov
eminent of the United States in Oregon, and that
the law may probably be held to apply to the coun.
tries as they then Opinions however as to the
construction Of the law differ; and, as have stated
have read this clause in Difference to the wish of
a respected colleague whose Judgment is of more
ton, the clause proves that respect was shown
TO American citizens than merely to save their
right OF hunting, since all under any civil govern
men of the United States at the time are excluded
wholly from the operation of the act As have
said, however, am not disposed to controvert the
view taken by gentlemen Of the mere language of
the act. My argument is based on the time and cir
c,sfances OF It's passage; on the assurances which
were soemnly gwen of its intended operation and
on the undoubted fact that its application has been
TO British subjects alone, and never extended to the
invasion of the rights of our government its citi
zens. Instead of ferreang out this musty act and
on the exact construction to be given to
its words, let the matter be viewed practi- |
cally and substantially. Candor must admit that in
the time and circumstances of the English legislation
as contrasted with those of our proposed BILL con-
siss the greatest! imag Unable difference. There was
then no reference beyond the convention, and the
legislation of England was in contemplation of, and
in subservience to its provisions. Now, having al
ready in this House voted TO give notice. and not
doubling the concurrence of the other branch of the
legislature in some form, Legislation is proposed
in direct reference to the termination Of the |
Interior state of affairs when no treaty slip. |
aations are to exist. Bills, the general |
words Of which, if adopted soon after the conven-
ion was entered into, or while II was indefinite in |
duration, would have been of little moment, and no
ianger would, under present circumstances possess
'oeuhaI oho Oohvoy up'st uscH-
ice. To such law as now proposed, had it been |
brought forward when the English act passed, seri
rus objection might not have been entertained. |
night myself have voted for without note or care
or its operation beyond the convention, the termi-
,ation of which was not contemplated But now |
recklessness in our legislation |
would be both foolish and criminal. II ia no fair |
est of the wisdom safety of passing this bill to
compare its provisions with the mere phraseology
If the English act. The true touchstone is to re
the attitudes of Great Britain and our govern
nent, and to bring home to our own breasts the
thoughts and emotions which conduct like that we |
propose, if adopted by Great Britain, would excite
suppose in the absence of any of irritation
IN part in the course of a pending negotiation
or amicable adjustment of the conflicting claims OF
he two nations, the government of Great Britain |
we're to give US notice for the abrogation of the
sting convention, and her Parliament were coteu-
not merely to show an intent, but pro-
Ide by actual Legislation Immediately thereafter to
AXE possession of the whole territory, and dispos-
ess our citizens and exclude all claim on our part 10
Jurisdiction or sovereignty in any portion of the
country, even south of the Columbia: would not In
pnation deen md intepse be- kindled in all Amer