The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 314
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314
CONGRESSIONAL GLOBE.
Great Britain and her emissaries? What is to pre-
vent an attack of 50,000 of them on the frontiers of
the West? What could then save that generous,
brave, and patriotic body of pioneers from the hor-
rors of the scalping knife? What could resist or
stem the torrent of fire and blood, or who could de-
scribe the suffering of helpless wives and innocent
children? England, our ancient enemy, is not easily
satisfied. She bears, rankling within her, a bitter
- remembrance of the revolution; from that, a hostility
- arose on both sides, that exists, and cannot be eradi-
cated.
This was not a question of dollars and cents;
but it was a question of national honor or
national shame; and it was for us to decide
which. For his own part, if the whole territo-
ry from 42° to 54° 40' north latitude was volca-
nic; was it the soil giving root to the poisonous
Upas; was it without, or incapable of giving growth
to, a single blade of grass—he would resist, ay, to
the death; he would not yield one inch; and the con-
test should alone conclude by the destruction or ex-
tinction of one or the other.
The senator from Massachusetts had, among
other modes, resorted to an appeal to our nerves; he
described England, if thwarted, as an eagle ready to
stoop, beak, talons, and all, not on Oregon alone,
but on our whole devoted country.
Mr. CHOATE explained, but so inaudibly, as not
to be heard distinctly in the reporters' gallery.
Mr. HANNEGAN said, if he misunderstood
him, he had the felicity to do so in company with
several others. His friend on his left took down the
words at the moment, and they agreed with his own
notes also taken then.
Mr. CHOATE rose, not to retract a single sen-
tence, but to declare solemnly that the substance of
his remarks was as before explained, and not as un-
derstood by the honorable senator from Indiana.
Mr. HANNEGAN proceeded to say that, if de-
claring our own to be our own, brings down the
eagle of England, beak, talons, and all, on Oregon—
let her come; we know not what it is to fear her.
But such appeals he scarcely thought to hear from
a descendant of the pilgrim fathers; he did not think
that such vision could enter even into the dreams of
one whose home gave him the piivilege of treading
the hallowed ground of Bunker's Hill.
Let England dare to stoop on the Oregon, and,
my head for it, she will never, never again resume
her lofty poise. When she attempts to rise, she
will find her wings clipped and her talons harmless.
They will be well cut, or I am much deceived.
The charge of conspiracy had been gravely put
forward that certain portions of the country, with
the distinguished senator from Missouri [Mr.
Benton] at their head, seemed as if conspiring to
involve this government in a war with Great Britain.
Such at least was the inference to be drawn from
the language of gentlemen on the opposite side—es-
pecially that of the senator from Virginia, the dis-
tinguished chairman of the Committee on Foreign
Relations;!, [Mr. Arciiek;] for that language had
given color to the argument. Now he, (Mr. H.) for
one, could conscientiously say, that if there was
any such conspiracy existing, he had a right to
complain of Ins friends for not letting him know
of it; for surely they must have been awaie
that, if any man in the world ought to be in
it, he was one, as no man could iiave more
at heart than he had, the Oregon question. Yet lie
appealed to the honorable senator fiom Missouri, if
he had ever exchanged a word with him about con-
spiring to effect the disruption of our amicable rela-
tions with Great Britain? Not a word of the kind
had ever transpired between them. But this he
knew, that, if the government did not do its duty m
maintaining its own rights with respect to the terri-
tory, and in protecting its citizens settling there,
and should refuse to extend to them the shield of its
laws and authority, he was not prepared to say that
he would decline engaging in a conspiracy with pa-
triotic and honorable men to assist those citizens in
protecting themselves.
No gentleman on that floor could be farther from
any disposition to plunge this country into the hor-
rors of war than he was. No man had a higher ap-
preciation of the advantages of peace than lie had.
No consideration could induce him to give a vote
that would have any tendency to involve this coun-
try in an unjust war. But, when right and justice
are on our side—when truth is with us, and national
honor is to be sustained—he could not stop to calcu-
late consequences. "Thrice is he armed who hath
his quarrel just.1" Such - arguments as are urged j
here against this resolution, backed by a refusal to
act, will have no effect in allaying the deep
, and settled determination of the western pop-
ulation to possess, as the right of this coun-
try, the territory to which our indisputable
claims extend. Prom the days of Lewis and Clark
they have regarded the Oregon with feelings of the
deepest interest. On this question there exists
among them a more intense feeling than any that
has been ever been exerted since the last struggle
with Great Britain. Involving all the questions
which it does, of national pride, national independ-
ence, and national honor, it is to them of inestima-
ble value. They will never consent to the accept-
ance of any "equivalent" that surrenders one inch of
that birthright which they received from their fa-
thers, and will, at any cost, maintain Sooner than
barter it away, whenever the question shall be pre-
sented of surrendering any the smallest portion of
that territory, it was his conviction that the people
of the West would prefer perishing on the breach to
defend it from partition or spoliation.
Mr. DAYTON rose and addressed the Senate for
an hour and a half in reply to the advocates of the
resolution. At the outset, he adverted to the self-
imposed restraint he should labor under in avoiding
the path of argument already trodden by the senator
from Massachusetts, [Mr. Choate,] in the eloquent
remarks he made yesterday. He could not but feel,
too, that this debate was mistimed and out of season,
here or elsewhere; but, as the discussion had been
provoked, he also felt that it must be met, so that
the arguments on both sides should fairly go before
the country.
The Senator from Massachusetts yesterday com-
plained that the Senator who introduced this reso-
l ution had not disclosed what lay behind—what
were the ultimate intentions—what it was to lead to.
To be sure it was not necessary, for that could not
be mistaken. Two bills on the table intimated as
plainly as this and other kindred resolutions, the
character of those intentions. But, as if to ex-
clude a doubt on the subject, the senator from Mis-
souri asserted from his place, that, in less than six
months' time, the crack of the rifie will be heard
bounding from cliff to cliff of the Rocky mountaias,
in strife; and thence to the Alleghames, there would
be one gathering of armed men.
Laying aside all tropes and figures, he thought it
far better to discuss this matter as plain practical
men, and look at the question as it actually present-
ed itself. That was the path of wisdom, and the
only one by which unnecessary dangers could be
avoided. He hoped this would be the future course
of this discussion, and that nothing but kind feelings
and courtesy would be exhibited on eithei side of
the chamber.
This Oregon question, as presented by its friends,
was, however, he feared, calculated to create an un-
due excitement of public feeling. It was calculated
to operate on two of the most excitable feelings of
the human heart—pride and avarice. Unfortunate-
ly, when applied to a nation, they lose their revolt-
ing character, and become, in general estimation,
laudable and honorable with leferenceto their object.
National pride and national honor are exciting
terms. But under whatever disguise, whether ap-
plied to nations or to men, their tiue characteristics
still remain unchanged. Appeals to them are well
calculated to fix themselves deeply in the public
mind.
It remains to be judged of by future events,
whether this whole matter of the Oregon question
may not be resolved into the simple elements of a
passion for enterprise, springing less from national
feelings than from the distinguishing traits of our
Anglo-Saxon character—love of teriitorial aggran-
dizement, urging our population farther and farther
west, till arrested by the ocean itself.
It was not his intention to enter into the discus-
sion of the question of title at present. He was
content to assume that it was vested in this country.
Having examined all the documents, it was his
opinion that the title of the United States was good.
But he was struck with a remark of the senator
from Pennsylvania [Mr. Buchanan] the other day,
that, if we relied on the treaty of Utrecht for our
title, we should be confined to the territory from the
42d parallel of north latitude to the 49th parallel; and
if we relied on the discovery of the Columbia river,
we shoidd be confined to the Columbia valley, and
the lands watered by the tributaries of that river. It
was, therefore, to the title derived from Spam we
should look for establishing our claim to the territo-
ry up to 54° 40' of north latitude. Yet, as well
as he (Mr. D.) could remember, it was about this
very Spanish title that all the difficulty between us
and Great Britain had grown up.
Mr. BUCHANAN interposed to say that he had
not said we abandoned any title; but what he did say
was, that the Spanish title would carry us to
54° 40' of north latitude.
Mr. DAYTON so understood the senator. He only
meant to show that the Spanish title was not of
that indisputable nature which the senators oil the
other side supposed, for it was out of it that all our
difficulties with Great Britain on the subject had
arisen. We took up the Spanish title by transfer, in
1819, as it then existed, subject to its then condition.
Anterior to that, Spain had entered into a treaty
with Great Britain, called the Nootka-Sound treaty.
That treaty gave England a right to fish, and make
settlements on the northwest coast. When
we took the Spanish title, we took it
subject to the conditions of that treaty, ex-
isting from 1790. Here Mr. D. quoted passages
from the Nootka-Sound treaty, with a view of show-
ing that England had a joint occupation of the
northwest coast, at the time we derived the Spanish
title, which was then subject to that condition. He
admitted, however, that there was an answer to this:
that, subsequent to the treaty of Nootka Sound,
Spain declared war against England, and thereby
abrogated the treaty. On the restoration of peace,
however, a treaty of commerce was made between
Spain and Great Britain, by which all former rela-
tions were renewed, and the parties were placed,
with regard to former treaties, just as they stood
before. It is contended, against this, that the new
treaty was professedly and explicitly a treaty of
commerce, and therefore only meant such prior re-
lations to be revived as were connected with com-
merce. Now, he (Mr. D.) did not say this was
not a proper construction; but what he would say
was, that it left doubtful poiirts for disputation, and
showed the Spanish title was not altogether of that
incontestable nature which had been assumed, and
was not of that unmitigated force which should ex-
clude the idea that England had any grounds of
contest.
There was, however, a point to which England;
by her own acts, should be confined; and that was,
her free admission, by the declaration made through
her ministers in 1827, whereby she repudiated all
exclusive right to the territory between 42° and
49° of north latitude. She expressly said then, she
only claimed the right of joint occupancy. This
was a step in advance. It dropped all those titles
which she had before set up, of priority of discov-
ery by Drake, &c., and by the occupation of the
Hudson Bay company.
By this declaration we got rid of all difficulty ex-
cept so far as regards our claim beyond the forty-
ninth degree oflatitude,under the Spanish title.
Mr. D. here quoted largely from the several
treaties, commenting on each passage with a view of
showing that our title outside of the Spanish title
was recognised and undisputed; but the inference he
drew from the old Spanish treaties was, that we could
not, in fairness, say, England had no color of right
to contend for beyond the 49th paiallel of north lati-
tude. It was not such a clear case of indisputable
right on our part, as would warrant us in saying
we would take the law into our own hands, and
dispossess England by force. It was not like ask-
ing a man for your coat, which he had put on, and, in
the event of his refusal to yield it up, making battle
with him to compel him to give you your own.
We say we have a good title from Spain; England
says she lias a prior title from Spam: here is a dif-
ference of opinion, requiring an investigation. So
long as there is ground for this difference of opinion,
tlieie is room for negotiation. The Senator from
Indiana [Mr. BUnnegan] says the title is ours;
we all admit it is incontestable; why, then, negotiate
about it? We are but one of the parties interested.
Great Britain has to be satisfied that our title is as
clear as we deem it to be, before the field is vacated
for us. [Here Mr. Hannegan said that he had
only repeated the language of Mr. Clay, and the
admission of the senator from Massachusetts.] He
(Mr. D.) did not recollect any such admisson on
the part of the Senator from Massachusetts; but he
remembered the language of Mr. Clay, which was
merely that Great Britain never could make out a
clear title on her part.
Now the true question was, whether we could
say that our title was so clear that we could be
justified before the world in taking the law into our
own hands. It had been*a subject of negotiation
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United States. Congress. The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2367/m1/338/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.