Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-05-05
THE ENQUIRER.
CONGRESSIONAL.

SPEECH OF Mr.. seldom OF VIRGINIA,
In Tie House of Representatives., April l5M, ls4t
on the bill to protect the rights Of America
Settlers in the Territory of Oregon, until ih
termination Of the joint occupation of the same
The House being 10 Committee Of the Who'll
on the state OF the Union
MIR. seldom rose and addressed The com
mittee as follows:
Mr.. Chairman: In much that had intended t
say, had succeeded in oba aiming the floor al al
earlier period, have been anticipated by lhe ao Of
gentlemen who have preceded me, and especlali
by the honorable member from Ohio, Mr.. Vim
ton who so forcibly addressed the committee OF
Yesterday in support of the amendment offered oJ
himself But for being so anticipated, shouie
myself have offered similar amendment; 10,
so important aud essential in its character 40
deem that amendment, that my own ultimate VIZ
upon this bill must be determined oy us deeeP
lance or rejection. II proposes 10 iimit ,he oPs-
ra,;on and effect of the bill TO the period during
which The existing convention between The U.
states and Great Britain for the joint occupation
of the Oregon territory, shall continue IN force.
The bill as reported, Mr.. Chairman, will ope-
rate IN Two very different and distinct states OF
our relations with reference 10 the Oregon terri
tory Ostensiby, judging from the tile OF the
BILL which is for The protection oil American SCI
tiers until the termination OF the joint occupancy,
and from most Of its provisions, its aim and pur,,
pose were simply 10 provide for the extension OF
the laws and jurisdiction OF The United States
over our citizens in Oregon during the conlInu-
ance of the convention at present subsisling but
in actual operation and effect withou; The linia-
ton proposed by the amendment, being indefinite
in duration, il must extend beyond the continu-
ance OF that convention, and have an application
and efficacy far exceeding, as presume, The con-
temptation and purpose even OF those who re-
ported and now sustain it,
Mr. James Thompson here rose, and Mr.. D
giving way for explanatory said that the gentle
man was mistaken. The effect of the bill, after
the termination OF the convention, had been con-
templated and intended by those who reported
il and they had now come 10 the determination,
when the proper time arrived, 10 propose 10 amend
the title so as TO make it read, IA bill to protect
the rights of American settlers west OF The Rocky
mountains.
Mr.. Seldom resumed. Well. sir, must be per.
mitied to express both my surprise and resfet, II
such effect was designed 10 be given 10 the Dill
that j. should have been reported with title SO
incorrect and delusve. From the title as report
ed and even cursory examination OF us leauihS
provisions members might readily nave ueeh
misled 10 believe its operation was designed 10 DC
limited 10 the duration Of the convention anu NC
determined with it; and thus me f1ouse Mish'
have been betrayed through misconceplion, ihlo
the needless adoption oil measure Ispusua n
10 It's sense of policy and justice am hapPy
that though late, such delusive guise IS TO De cast
aside and that the bill is to be made 10 avow on
il. face its real purpose and extent.
The hill Then. Mr.. Chairman, IS 10 nave |
donble operation, and as have said, under es- |
seutially different circumstances. IL is nLsl 70
operate during the convention, and ~hile our
rights are determined BY treaty supulatlons ana
then after the proposed and expected deterihiha-
lion OF tina, convention, il is TO continue active IN
The assertion Of our pretensions as mainlaineo
under the law Of nations independently Oh mat
convention. / shall proceed 10 examine Il win
reference 10 each stale Of circumstances sepa-
rately. -
Convention, confess, Mr.. Chairman, see no
lust objections TO its provisions; but, on Inc con.
irary, deem it with the saving clause embodied,
which protects all ths rights and privileges OF
Great Britain and her subjects under the ConVeh-
,ion salufary aud just. During that period, It but
extends the jurisdiction OF the laws OF Iowa, SO
far as applicable, in entire saosefViency 70 me n
Convention, and with an express saving Oh all
rights secured by it to British subjects over the
territory West of the Rocky mountains belonging
IN the United States Such extension IS conss-
tent with The rights, while il IS demanded by the
honor and obligations Of the Government. We |
have citizens settled already in considerable num-
bers in the territory West of The Rocky noun /
tains, and they are daily By emigration and other
wise, increasing and multiplying They have |
gone, and are going 10 that remote territory uhoef
The invitation and inducements OF our Govern |
ment in both its branches, Executive and Legisa-
tive. They are without laws, under no comps-
tent Jurisdiction and destitute OF all regular 60
yernment. Their exigencies have so impera-
lively demanded thesanctons Of law and govern
meut that they have been driven TO the feeble sub
stule Of self.constiuted associations, and an ap-
peal 10 general acquiescence in their DEGREES.
They have appealed to this Government Tor Tie
redemption of It's obligation, impliediy al least
given for their security aud protection, and IN
Joke The eyis of our laws and jurisdiction over
Them We have no exclusive ownership or ]uriS-
dic,on under the Convention over The territory 50
occupied by them, it is true, but we have certain
admitted rights and privileges there as denneo
and ascerlainei by that Convention itself. Co.
extensive with such rights and privileges, may
our jurisdiction be most fully carried; ana SO lar
as we may, humbly conceive we should no'' I'M
der the circumstances, hesitate, by Inc extension
al our laws, 10 give the security and protection
demanded.
The eloquent gentlemen from South Carolua,
fMr. Holmes. who addressed the House yes,er-
day urged that the extension OF jurisdiction as
contemplated by thus bill would violate the provi-
atoms OF The Joint convention. | am generally
nroud 10 concur with that gentleman, but from
this view must be permitted wholly 10 dissent
During the convention, the bill is made to operate
in subserviency TO il, and all the rights and privi
leses of Great Britain and her subjects are e1-
pressly saved and excluded from It's action
How. then, can it violate or contravene the pro-
visions of the conventions Is the Objection tha'
urged with zeal by the gentleman from Tennes-
see fMf Brown, that our laws should be extend
ed over persons only, and not be made 10 operate
on property, or "lerriLoriauy, as This bill does!-
hold. Sir, that our laws, 10 their application,
shonli be made ceextensive with the rights and
privileges asccrtaned and secured oy mat con-
yenion to our citizens, and sufficient Tor The pro-
lection and guarantee OF those rights and priv'-
isges. Now, under the convention, have we mol
something more than the mere right oil entfy 70
our ci,izensl The eminent domain is indeed 10
abeyancei exclusive sovereignty Is no. 20 DC os
claimed or exercised either by the United States
or Great Britain; but our citizens are not merely
free 10 enter; they may take their effects and pro-
perty: thew may trade and hunt; may build SET
lie. and even occupy The land, enjoying the usu
fruct though not holding the absolute or e1cio-
siv. lille. We may, then, by our laws, do more
than guard mere personal immuniI'es; we may
protect the property and effects oil our ci'lZens
and secure them in the peaceable possession acc
usufruc, OF their temporary seltements-nay'
more, as among our own citizens on their &C.
knowledging allegiance to the government OF the
United States in that territory, having complete
Jurisdiction, we may regulate Their claims ans
riohts in regard to the lands settled or occupied
Temporarily by Them as well as all other matters
,ishf or contract. We may then legilimately, du
ring The convention, legslate not merely over per
sons but(as it has been called "terrt0rsatfy IKE
wise. We have done nothing more in extending
she laws Of Iowa, as far as applicable, over the
territory West Of the Rocky Mountains; and to ex.
clude the possibility Of misconsruc!ion we have
inserted an express saving OF the rights secured
10 Britain and her subjects. Such saving was
not. indeed, of absolute necessity. and might per
hans with safety have been omitted. We could
moi. IL we would, BY legislation violate The con
ven,ion; for under the constitution, treaties con
stitute part Of The ".z Lgnm" --thesupreme Law
..a ,ndar indcial construction the full effec