The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-18
THE DAILY UNION.

win whom he had been very Intimate since
he had been in Congress. He knew that
he(Mr. HASsscAsl was Texas man up to the
Baltimore eonyention since then, he had not been
jealous on that question as before, in conse-
quence, as he states of suspicion with regard 10
certain southern gentlemen. tie (Mr. 81 did not
intend TO make speech this occasion at ALL but he
would say that his surprise had been very great that
every movement made against oregon--ihe question
beginning with Mr. Jefferson, continued under Mr..
Monroe, and also by Mr. Floyd, Of Virginia-had
invariably sprung from southern men and saye-hold-
ers; and now, when the question was again before
Congress, The opposition, as formerly, came from
southern man, and slsve-bolding State. These
facts were known 10 every body. Il was to be re-
GREETED that the senator from Indiana should have
expressed doubts with respect TO the integrity Of
any part of the country this question; but GER
tuinly he had some grounds for his opinion He
did not vote for the Texas treaty, which he (Mr S.
and all the senator's friends regretted. The reasons
for that course he had frankly and eoutety stated
This personal matter having been disposed Of,
oREGOs-"THE NOTICE"
MIR, DIX again rose and proceeded to address the
Senate on the special order Of the day. He said:
In entering into the debate on the question under
consideration feel constrained 10 differ in opinion
with two distinguished senator's who have preceded
me- in relation to the manner IN which the discus
sion should be conducted l allude TO the senator
! from Ohio, lMr. ALLEH,l who opened the debate
and the senator from Delaware, Mr.. CLAYTos, !
who followed him, not now in his seat Both took
the ground, and with equal peremporness, that the
title TO Oregon ought not 10 be discussed but for to-
tally different reasons-the senator from Ohio, be-
the time for discussing had gone by, and the
senator from Delaware because the time for discuss
| ing IL had not arrived. With the unfegned respect
which entertain for them, dissent from their opinion
| with great dihdeRee ofmy own. But lam constrained
to regard the question Of our rights in Oregon
on which The propriety Of the measures proposed
| Il. l.. A Il. -
proposition before the Senate' IL is TO give TO Great
Britain the notice OF twelve months, by virtue OF
which the treaty between her and the United States
STIMULATING that the territory Of Oregon shall he free
and open to the people Of both countries is to be alb
rogated and annulled. We cannot disguise the fact
that this is measure Of the most decided character
and involving the most important consequences,
What is il, sir, but solemn declaration that the ter.
rilory OF Oregon, after the expiration Of twelve
months, shall no longer be open 10 the subjects OF
Great Britain II is the first step towards the asser-
ton Of our right Of empire and domain in Oregon.
in no other light. shall support it. But
cannot assent 10 the propriey Of adopting a meas
ure Of such magnitude without saying a single word
in illustration Of our title TO the territory, over which
we thus preparing TO assert our paramount
rights. do not feel liberty to take such STEP
denying summarily all right in others, or sbstninng
from the assertion ofany right in ourselves.
| propose, therefore, as preliminary Of action on
my own part, TO look at title to Oregon not for
the purpose Of defining il with critical precision, but
so far TO state the general grounds on which il
rests And | am disposed to take this course, not
only with view to Justify the vote intend 10 give
but for the further purpose Of correcting extreme
misconceptions, both at home and abroad, on few
points Of vital consequence. No purely American
question has, perhaps, excited stronger interest
abroad; and doubt whether any other has been 30
greatly miaepresented. The same misapprehen.
sions exist AT home. The public press, for the last
few weeks, has been teeming with essays disparagng
| the Spanish title, on which our own, in some de.
gree, rests am unwilling either to pass by these
statements IN silence, or TO meet them with summary
declarations OF right. IL is natural that senator's
who have been long on this floor, and who have al.
ready borne part IN the discussion Of this question
should feel differently But for myself having never
even listened TO debate the subject-a subject I'M
I'll recently entirely new to mel feel bound TO state
the grounds on which ! act. This is what propose
to donot by the analysis of any particular treatise
or by the examination OF any particular view Of the
subject, but by exhibiting some Of the historical
facts on which the Spanish title and own rest.
shall endeavor 10 perform this duty in the plainest
manner, adherng rigdy to the subject and, il pos
sble, wthou, addressing single word to prejudice
| or passion.
The region which now constitutes the territory Of
Oregon was seen, and part of its coast reconnoi-
tred-l will not say eyplored-half century after
| the discovery Of America. In consequence of its
| remoteness from the course of trade which was
opened by the yoyso.s ~r c-i--Ntn"- The supposed
rs~- Of its climate, and the certainty derived from
the expediians sent out from Mexico, that il con-
tanned no sources of wealth like those by which
Spain had been enriched in the more southern nor
tons of this continent, it remained for more than
two centuries and half, without any permanent
settlement by civilized men. During this long DE-
Rod, Spain constantly asserted her right of propre-
torship init by virtue of discovery and had formed
temporary establishments upon il from time to time.
During the half century which preceded it was fire..
quently visited by ships of other nations by acci-
dent for purposes of exploration, or for objects of
commerce; and thus there arose a number of claim
ants to the right OF sovereignty and domain. The
claims of Russia have been adjusted with Great
Britain She holds, by the acuuiescence of tho lat
ter, the whole northwest coast of America north of
latitude $40 40 far back the first range of high
lands; and by virtue of convention with the United
States we have agreed to form no settlements north
| Of that parallel. The southern line of OREGON is
fixed by the settlement of the boundary line between
the United States and Mexico, at 400. The terrific
ry in dispute has, therefore, coast of twelve para-
lels and two-thirds of latitude running back into the
interior to the Rocky mountains and the United
States and Great Britain are the only claimants to
the right Of proprietorship in it.
Before | proceed to examine their respective
claims, it may be proper the subject has been
referred to this floor briefly TO state the cond-
tons, under which, by the usage or nations a right
of property in lands unnhabited, or occupied by
wandering tribes, may be acquired.
The basis usually relied on to support right of
this nature is discovery; but it is ground of right
which becomes wholly untenuble, unless followed
by actual occupation Of the discovered territory
Ifa title is not perfected by occupation, a second
discoverer may appropriate the territory thus neg
lected by the first. But this must be upon reason
able evidence of the intention Of the first discoyerer
not to take possession of it, If second discoverer
were to seize upon and appropriate the discovered
territory before the first had time to form an es,ab
shment within it, such an act of interference would
be regardedas an unwarrantable intrusion, which the
latter might justly resist On the other hand, if the
first discoverer neglects within reasonable time to
take actual possession of, to form settlements in, or
make some actual use of, the regions he has dis.
covered, the law ofnaions will not acknowledge in
him any absolute right of property in or sovereignty
over it, even though he may have set up monuments
memorials Of his discovery at the time it was
made. Such is the spirit of the rules in relation to-
the discovery and ofs" no of unnhnbed terri
variable rule in respect to the time within which or