The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-17

w u.s. " ~ NJ ana proper 10 cOOEluef
what has been done by those of our predecessors
who have been engaged in the matter; and not alone
what they have done, but the grounds on which
they nave acted, and that we make that examina-
uoh under the CONVICTION that it Is neither ft nor
proper we should, for light reasons depart from the
principles on which they have uniformly acted
Sir national consistency is all element quite as eff
cleDt as national honor 10 maintain our RIGHTS Al
mrung that the Iule of the senator from Missouri
was applicable IN this case, and that our position is
such as TO require US not TO look at the conduct of
| our predecessors, national consistency reouires
That we should not depart from the course thew
adopted, without strong reasons for doing 40
Now, SIR, do not propose TO enter into minute
examination Of the various negotiations which have
taken place IN reference To title to Oregon The
! propagation | shall maintain Is, that IN almost
| every negotiation from the earliest down Ia :,
recent PERIOD we have, of our own accord
prescribed Ii nits to title. beyond which we have
not denied that of Great Britain. If that shall ap-
pear, II Will, II seems 10 rue, show that we cannot
without inconsistency, throwing an imputation
on those who have gone before US, depart from the
course laid down | desire that it may be consid-
cred that we are in this day the agents Of this gov
| ernment and although the agents have changed the
government remains the same. The same govern
ment that prescribed these limits is the same in be-
| half Of which we are to decide this case Official
| lncumbents change, but government remains the
same. Chataubrand said, in pronouncing the eu-
| lOgy Of French Misunderstanding himself of the
| opportunity of hang the accession Of another
| The king - dead let the nation mourn The
| king lives let the nation rejoice The king ia dead
The king lives Long live the king" That Ian
guSge was intended TO illustrate the perpetuity of
the Once OF the chief magistrate however tempora.
ry the office OF the incumbent. That illustration is
applicable TO the Office of the chief magistrate Of this
| Union. II our predecessors-our government
have prescribed limit beyond which it was no,
| IN sFa 0tNl n
cannot, but upon strong grounds, Justify our de
parture from the limits which we have Of our own
accord LAID down Now, sir what | desire TO saw
on this subject-and ask the attention Of the Sem
ate to the references ! am about to make, without
! going INTO the whole Of the negotiations on this
question, because they seem not TO have attracted
| the attention TO which they are entitled-the pro-
position wish to make TO the Senate Is this: that
| from the earliest stage of negotiations, without
looking through all the territory and cOnesng any
claims made by Great Britain there, our apprehen-
| sions have been directed 10 the interference of
Great Britain with the claims assert to certain
mIis. This IS found in the earliest despatch |
have been able TO find OF the Secretary of State to
Mcssrs. GalIatln and Rush
the settlement at the mouth OF Columbia river either n.
Gates design on their part to encroach by
south OF which they have valid claim upon this CONT
neni or manlests Jealousy Of the United satesa &c.
10,
might have been supposed thbt experience would before
this day have relieved them. Their projects for the line
both in the nrgoal Of Mcssr Monroe Pinkney in
1900 and at Ghrnt IN slI, 10 take the forty
parallel OF latitude from the Lake OF the Woods west as
far AS the territories Of The United Stairs extend that
Tochon with cayeat against its extension the South
beyond the Stony mountains upon which two oh.
servatons are to he made first that whether
any part oil the Lake Of the Woods in latitude 49, and
secondly that they always affected apply the indefinite
limit OF extension aJr a. ne 'rrforie' 'Tend to the
territories OF the United States and not TO those Of Great
Britain leaving nest egg for future pretenEion on their
part, south Of latitude 49,
Now, from this, 1t appears that the apprehension
which existed in the mind of the American negotia-
tor was not that claims would be brought into
conflict with those of Great Britain north of latitude
49O-no claim asserted; but that Great Britain
disposed to interfere south Of that parallel and
| by seeking to extend the line south Of that paral-
le to reserve nest-egg that might be used there
after.
Mr.. JARNAGIN. What is the date of that?
Mr.. BERRlEN. Its date is 1918. | have al
ready said sir, that this restraint which has been
imposed by our own government not always
presented in the form Of offer of compromise
but as a demarcation of limits. For this purpose
| refer to this proposal Of Gallatn and Rush in the
same negotiations, made in consequence of the In
structlons have Just read. Here is the proposal of
the American commissioners, page "a:
1T agreed that line due north or south as the
may require from the northwestern point Of
the Lake of the Woods until II shall intersect the forty
ninth parallel Of north latitude and from the point such
intersection, due west, along and with the said parallel
shall be the line ofdemacaon between the territories Of
the ntcd states and those oil his Britannia Majesty
westward OF the said lake and that the sail line shall
form til" northern boundaryio the said territories of the
ntri and the southern boundary Of Britannia
1aestys said territories from the said lake to the Pacific
ocean; it being however distinctly understood that with
the territories situated the northwest
of america or westward of the stony mountains tb
high contracting parties intend hereby define the extent
OF their respective claims far only relates the
parties and without reference to the claims of any other
nation"
Mr. BREESE here inquired if the extract read
referred to period before we acquired the Spanish
title.
Mr. BERRIEN. 1t is my purpose, as soon as
finish the reading Of the documents to which pro-
pose to refer to advert to that subject aud give
aDfhe consideration it seems to require.
v Mr. WEBSTER inquired the date Of the docu-
ments referred to by Mr. B.
Mr.. BERRIEN. The Doth of October, 1918
That proposal was brought into operation in the
treaty Of Joint occupancy between the two nations,
leaving the residue unprovded for. Here is the
proposition Of the British commissioner, page 1871:
And in order to prevent any disputes as TO the error
rights of either of the contracting parties the north.
west coast OF America or anywhere to the westward of
the Stony mountains Is agreed that much of the said
parallels OF latitude together with it's hsrhors bays
Snd creeks, and the navigation Of all rivers within
tho same shall be free and open to the subjects and
citizens of the two States respectively for the purpose
OF trade and commences il being well understood that al.
though by virtue of this arrangement the two high
tracing parties not to exercise against each 9th
err sovereign territorial authority within the
mentioned country lying between the 45h and 4oh para
cls OF latitude this agreement is not TO he construed TO
1.-The prejudice OF any claim TO which either Of the two high
contracting parties may have to any territorial authority
any part Of the country lying within the said limits;
nor shall be taken affect the claim OF any other power
or any of the said country the only object othe
two high contracting parties being to prevent disputes
and differences between themselves"
They could not consent to throw into common
stock the territory south of 400, because it that
portion of the territory to which only they denied
the claim Of Great Britain. Now as to the sug-
geson Of the senator from Illinois, which, at this
point it was my purpose to consider His
suggestion that these offers were made by our
ponipotentiarics before the treaty with Spain, by
which we acquired the territory of Florida in 1879.
But there two answers 10 this suggestion, W icb
| recommend to the consideration of the senator
from Illinois. The first is, that in 1918 we were
already in possession Of the title we derived from
France, which is considered by gentlemen on this
floor as the strongest Of all our claims We were
also already in possession Of the title which de-
rived by the discovery Of Gray, his subsequent set