1843.] DEBATES IN THE SENATE OF THE U. S. ON OREGON. 385 



were passed, its effect must be to hinder some part of the territory 

 from being open, except as regards American citizens. He was 

 willing that the United States should, as Great Britain had done, 

 and as permitted by the convention, extend their jurisdiction over 

 all the countries to which the bill applies, and erect forts where 

 needed ; but not do more. If they had not done so earlier, it 

 was to be attributed to their own supineness, not to the injustice 

 of the other party. In conclusion, he considered the matter as 

 open for negotiation, and that no time should be lost in terminating 

 the questions at issue ; and, as the first step, he would recommend 

 that notice be given to Great Britain of the intention of the United 

 States to abrogate the existing convention at the end of a year. 



Mr. Berrien objected to the bill proposed, on many grounds, as 

 to its principles and its details. The question was one of the 

 utmost gravity, — of a future empire, to be founded in the west, 

 by the institutions and commerce of the United States, — a ques- 

 tion with which weighty considerations are complicated, including 

 an important compact with a foreign power. That power has its 

 own views on this question, at variance with those of the United 

 States, but in which she doubtless believes as fully. This bill, 

 however, supposes all the right to be on the side of the Union, 

 which is thus legislating upon an ex parte decision. The territory, 

 which forms the subject of the discussion, is a barren and savage 

 region, as yet unoccupied by the people of either nation, except 

 for hunting, fishing, and trading with the natives ; all which are 

 conducted freely and equally by the people of both nations, under 

 the faith of a convention to that effect : and by the side of this 

 compact a bill is placed, which assumes and engages to give the 

 soil itself, and all that goes with it, not merely for the term of the 

 duration of the convention, but " as long as the grass shall grow 

 or the waters shall flow." The patents, thus granted, would bar 

 all British subjects from particular spots ; and the act of granting 

 them, being a clear and positive appropriation, by the American 

 government, of that domain, would certainly be a violation of the 

 compact. It has been alleged that the patents are not imme- 

 diate, but provisional ; that the government pledges itself to issue 

 them to those entitled to receive them, at the end of five years : 

 but there is no difference between these two forms of the act of a 

 government — of a perpetual body; the parties are put into 

 present possession, and protection is promised to them there. The 

 biK, moreover, violates the faith of the political contract at home, 

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