The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 329
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CONGRESSIONAL GLOBB.
Isand might .throw some light on the views enter-
taided by the Senator from Massachusetts, and his
friends, as to the nature of an equivalent—ihe de-
sire expressed in that proposition, to concentrate
the force and power of population in the East or
Northeast; but not to weaken the arch and hazard
the keystone by allowing concentration in the
West.
Mr. B. went on to show that, when any proposi-
tion was made beneficial to the West, it was alway*
met (and he stated so with sorrow and regret) by
certain parties with all the opposition that enmity
could engender. The chairman of Foreign Rela-
tions, on the introduction of this resolution, stated
that any action, would be discourtesy to Great Bri-
tain. Had he stopped there, it would be only ne-
cessary to deny such intention; but he had gone
farther, and indirectly charged the senators from the
West with a determination to have war at all haz-
ard with England. For himself, he could safely
deny any such intention; he wished neither for war
with England or any other power; and why the hon-
orable chairman should entertain such a supposition
he was wholly at a loss to conceive. - The West had
no reason to wish for a war. In the last, she suffer-
ed enough. The bodies of her sons strewed the
fields, and the cries of her widows and orphans were
heard throughout the country. War could not be
desired by a christian or philosophical people; but,
bearing all this in view, he did not forget that there
was a time when "forbe.arance ceases to be a virtue."
When the honor of a nation is at stake, then it is
crimiital to stand back; when her interests are ques-
tioned, then it is disgraceful to hesitate. Let a nation
allow but one encroachment, and she will soon
- find it followed by another, until at last she will find
herself without power to resist.
He did not say that Great Britain had any inten-
tions of acting otherwise than fair; but times might
alter, and it was always best to guard even against
improbabilities. He deprecated the course pursued
by the opposite side in endeavoring to make this
question the subject of alarm to those engaged in
commercial enterprise, which was done, he contend-
ed, more for the purpose of guiding their allowed
moneyed influence, than any patriotic or praise-
worthy motive. Such alarms had caused deplora-
ble panics before, but the main object for which
they were raised always failed, and would do so
now.
His friend on the left [Mr. Benton] was accused
of being at the head of a conspiracy, having no other
object than the involving us in a war with Great
Britain; and it was said with equal truth that his
lever for moving the different elements was the
northern boundary question. What foundation
was there for so grave an accusation? None other
than that he had fearlessly, from the beginning, re-
sisted every encroachment, come from what quar-
ter it might. He had stenjpied the tide of British in-
fluence, if any such there was;—he had rendered
great and imperishable services to the West, and
the West was grateful to him—he had watched her
interests from the cradle; and now, when arrived
at maturity, and able to take care of herself, he
boldly stood forth her advocate. If devotion to his
country, then, made him a conspirator, he was indeed
guilty.
He had shown that a proposition had been made
in secret session of the Senate, to cede our north-
western territory for Upper Canada, including the
district of Montreal. We have need then to be
alarmed at any negotiation in which an exchange
of "equivalents" is talked of.
The senator from Massachusetts seemed to com-
plain that the advocates of this resolution did not
show what was behind—what they proposed to do
after the existing convention shall be abrogated.
The senator from New Jersey, however, under-
stood very well what was to follow; he looked to
the two bills already on the table for the establish-
ment of military posts, and for the extension of our
jurisdiction over the territory; and he saw in them
the objects contemplated. It was well known that
when the bill of last session was in progress through
the Senate, many gentlemen did not vote for it, be-
cause the notice which this resolution proposes to
give had not been given to Great Britain of our in-
tention to withdraw from the treaty of 1818 and
1828. By adopting the resolution now, this objec-
tion to the two bills on the table would be removed.
He could not conceive why any one should sup-
pose Great Britain would take offence at this notice.
It would, as a matter of course, be couched in cour-
teous terms. "He did not see much force in the ar-
gument that" it ought to be a joint resolution. The
resolution in its present form would be the mere
act of the Senate, which the President might or
might not regard. It went merely to advise—to offer
an expression of opinion on the part of the Senate to
the executive, where the power was vested to make
the communication to the British government. The
executive receiving it as the opinion of the Senate,
reflecting the public opinion of the country, would
act according to the best dictates of his own judg-
ment. He might take the responsibility,-acting on
the recommendation of the Senate, of giving the
notice; or, if better acquainted with facts rendering
that step inexpedient, he might take the responsi-
bility of withholding the notice. Now he (Mr. B.)
was willing to go so far and no farther; to pass the
resolution expressive of the desire of the Senate to
annul the treaty, let the consequence be what it might,
so far as the action of the executive was concerned.
If, subsequent to its passage( something should oc-
cur to cause the President to think it inexpedient,
he would not be compelled to give the notice. He
would view it as merely persuasive, and would be
governed by all the circumstances within his knowl-
edge. How, then, could there be any danger what-
ever in passing the resolution? It would be perfectly
innocent in its effects.
It seemed to him that there was, in the opposition
to this resolution, a manifest intention to produce
an impression on the public mind, that there were
certain individuals disposed to involve the country,
at all hazards, and upon any pretext, in a war with
Great Britain. The object evidently was to throw
public odium on those individuals. Now, he de-
nied that there was any one connected with this
resolution, or advocating its passage, who had any
such disposition, or who would not infinitely prefer
peace to war, if it could be maintained without a
tarnish of national honor.
. He proposed, after having given his views of the
history and effects of the several conventions in re-
lation to the northwest territory, to make a brief re-
ply to some remarks which fell from the honorable
senator from New Jersey. That senator took oc-
casion, in the outset of his first speech, to admonish
the Senate that the seeds sown in this discussion,
might become the teeth of the dragon. That, as he
understood it, was, the teeth of the dragon which
were to spring up into armed men. If things did
not go on as the friends of the resolution expected,
and Great Britain made dragon's teeth grow up
into armed men, he had confidence that armed men
would spring up here too, eager to rush forward in
defence of the rights and honor of this country.
Another supposition of the senator, was, that we
wished to extend our territorial dominion from the
West to the Pacific ocean. If the senator meant
that we wished to extend it to new acquisitions, not
already ours, he certainly was not sustained by the
theory or practice of this government. It was alto-
gether at variance with this character of this country,
the friends of this resolution never had acquiesced 111
any such doctrine. The country never had made
any attempt at acquiring colonies—had never been
engaged in war for any such object. Its resort to
arms had always been in defence of its own rights
and territory. The charge of coveting more terri-
tory was not applicable to us. It was 110 part of
the principles or policy by which this country had
ever been actuated, it never had been the policy of
the party to which he had the honor to belong.
The Senator from New Jersey had alluded to the
difficulty of settling the northeast boundary ques-
tion. That was a question in abeyance for sixty
years. The longer it was protracted, the more
difficult it seemed to be to settle it. Nobody could
deny but that it would have been easily settled im-
mediately after the peace of 1783. Yet, because it
was deferred from time to time, it took till 1843 to
adjust it. Was not this the best possible argument
against piocrastmating this question of the Oregon
territory? And while speaking of the northeastern
boundary difficulty, he would take occasion to ex-
press his astonishment, that when that subject was
under negotiation all the difficulties with Great
Britain were not included, and this question of
Oregon in particular. Was there not some-
thing remarkable, if not pointed, in the fact,
that, while the interests of the North and East
were so anxiously adjusted, the interests of the
West were altogether overloooked, or laid aside? It
seemed to him it would have been better to have
kept those two questions connected. The Oregon
question had been long enough in dispute—from the
treaty of Ghent—and it was just as important to
settle it, with a view of quieting all causes of ""war,
as the northeast boundary question. Our negotia-
tor must have known of the various bills and Resolu-
tions introduced into Congress for some years back,
and of the effects of such bills becoming laws. He
undoubtedly knew of the bill proposing, in addition
to military posts, the establishment of a custom
house at the mouth of the Columbia river, and the
bill granting lands to settlers. But it was all-impor-
tant to Great Britain to succeed in her views with
regard to the northeast boundary line; because she
wanted a military road of intercommunication be-
tween her colonies; and if, while her anxiety on
that point existed, proper exertions had been made
to settle the Oregon question as one inseparably con-
nected with the other question at issue, there can be
no doubt it would have succeeded.
The senator from New Jersey, in allusion to the
claims of Great Britain with regard to the Territory
of Oregon, seemed to say we should not rely solely
on the Spanish title vested in us; but insisted that
we had a title outside of the Spanish title. He
spoke of the celebrated Nootka-sound treaty, and
seemed to think, that, under it, Great Britain had
some color of claim, entitling her to negotiation in
this matter. Now, he certainly did not expect to
find any senator countenancing the claim sSt up by
Great Britain under the Nootka-sound treaty. But
the gentleman said Great Britain did not claim title;
she only claimed occupation in common with-Spain;
occupation for hunting, fishing, and trading with the
Indians. She could look only to the Nootka-sound
treaty of 1790 for such occupation; but that was
abrogated in 1796 by the declaration of war made
by Spain. When peace was re-established, a treaty
of commerce was entered into between Great Britain
and Spain; but the treaty of 1790 was not a treaty of
commerce, therefore it was not renewed. The con-
duct of the Spanish officer at Nootka sound in giving
up the huts and hovels taken from British
subjects, showed that it was not understood that
the treaty of Nootka sound was revived. The
Spanish flag never was taken down. Was it not,
then, preposterous to say that England could have
any possession or claim of title under the treaty of
1790? Even the restoration of the miserable fish-
ing hovels was extorted from Spain, which was
compelled to negotiate with England under duress,
with an immense British fleet threatening her.
She was not in a condition to resist the unjust de-
mands of Great Britain, and had to submit to t#ms
dictated to her. It was ah' extortion which shocked
the feelings of all other nations. And was it now
to be said, (even if that treaty of commerce could be
said to reinstate the treaty of Nootka sound,) that
Great Britain could make a just claim obtained 111
that way?
Mr. B. here drew parallel cases with regard to
other cases—such, for instance, as Mexico, occupy-
ing contiguous territory—and asked, if she had oc-
cupied the Oregon Territory for purposes of com-
merce long prior to other settlers coming upon it for
their purposes, would she not have priority of
claim? Now, we had not only priority of discov-
ery, as to the Columbia river, giving us, according
to the laws of nations, a right to all the territory
watered by that river, the branches of which went
to the 49th degree of latitude; but we had the right
of occupancy in 1805, and thence to 1812, when we
had a trading and fur company at the mouth of the
river. We had besides, by treaty with Mexico,
settled our southern boundary at 42° of north lati-
tude, and by treaty with Russia, our northern boun-
dary line at 54° 40'; and with these, we had the ti-
tle which we derived from Spain. Here, then, we
had every po««ibl£ title recognised iittd required by
the law of nations.
The Senator from New Jersey admits that there
can be no question ot doubt about oui title as fai as
the 49th degree of latitude; but was he not aware
that, in 1826, in the instructions given to Mr. Galla-
tin by our then Secretary of State, [Mr. Clay, j it
wa's urged that Great Britain could not make out
even a color of title to any portion of the territory,
up to the 51st degree of north latitude? yet, for
the sake of adjustment, Mr. Gallatin was permitted
to propose the 49th degree of latitude for our
boundary line. It was then stated that Great Brit-
ain, by treaty with France in 17fi3, renounced all
claims to territory west of the Mississippi river.
How, then, could she revert to claims of discovery
by Drake and others? That was all a mp.ke-weight,
and amounted to nothing when contrasted with her
total renouncement of all claims west of the Mib-
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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/m1/353/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.