CHAPTER CX.

The spectacle was witnessed in relation to the repeal of this act which has rarely been seen before—a repeal of a great act of national legislation by the same Congress that passed it—by the same members sitting in the same seats—and the repeal approved by the same President who had approved the enactment. It was a homage to the will of the people, and the result of the general condemnation which the act received from the community. It had been passed as a party measure: its condemnation was general without regard to party: and the universality of the sentiment against it was honorable to the virtue and intelligence of the people. In the commencement of the session 1842-'43, motions were made in both Houses to repeal the act; and in the Senate the practical bad working of the act, and of the previous act, was shown as an evidence of the unfruitfulness of the whole system, and of the justice and wisdom of leaving the whole relation of debtor and creditor in relation to insolvency, or bankruptcy, to the insolvent laws of the States. In offering a petition in the Senate for the repeal of the act from the State of Vermont, Mr. Benton said:

"He would take the opportunity which the presentation of this petition offered, to declare that, holding the bankrupt act to be unconstitutional at six different points (the extinction of the debt without the consent of a given majority of the creditors being at the head of these points), he would vote for no repeal which would permit the act to continue in force for the trial of depending cases, unless with provisions which would bring the action of the law within the constitution. To say nothing, at present, of other points of unconstitutionality, he limited himself to the abolition of debts without the consent of a given majority of the creditors. This, he held, no power in our country can do. Congress can only go as far as the bankrupt systems of England and other countries go; and that is, to require the consent of a given majority of the creditors (four-fifths in number and value in England and Scotland), and that founded upon a judicial certificate of integrity by the commissioners who examined the case, and approved afterwards by the Lord Chancellor. Upon these principles only could Congress act: upon these principles the Congressof 1800 acted, in making a bankrupt act: and to these principles he would endeavor to conform the action of the present act so long as it might run. He held all the certificates granted by the courts to be null and void; and that the question of the validity would be carried before the courts, and before the tribunal of public opinion. The federal judges decided the alien and sedition law to be constitutional. The people reversed that decision, and put down the men who held it. This bankrupt act was much more glaringly unconstitutional—much more immoral—and called more loudly upon the people to rise against it. If he was a United States judge, he would decide the act to be unconstitutional. If he was a State court, and one of these certificates of discharge from debts should be pleaded in bar before him, on an action brought for the recovery of the old debt, he would treat the certificate as a nullity, and throw it out of court. If commanded by the Supreme Court, he would resign first. The English law held all bankrupts, whose certificates were not signed by the given majority of the creditors, to beuncertificated; and, as such, he held all these to be who had received certificates under our law. They had no certificate of discharge from a given majority of the creditors; and were, therefore, what the English law called 'uncertificated bankrupts.' He said the bankrupt systems formed the creditors into a partnership for the management of the debtor's estate, and his discharge from debt; and, in this partnership, a given majority acted for the whole, all having the same interest in what was lost or saved; and, therefore, to be governed by a given majority, doing what was best for the whole. But even to this there were limitations. The four-fifths could not release the debt of the remaining fifth, except upon a certificate of integrity from the commissioners who tried the case, and a final approval by the Lord Chancellor. The law made itself party to the discharge, as it does in a case of divorce, and for the sake of good morals; and required the judicial certificate of integrity, without which the release of four-fifths of the creditors would not extinguish the debt of the other fifth. It is only in this way that Congress can act. It can only act according to the established principles of the bankrupt systems. It had no inherent or supreme authority over debts. It could not abolish debts as it pleased. It could not confound bankruptcy and insolvency, and so get hold of all debts, and sweep them off as it pleased. All this was despotism, such as only could be looked for in a government which had no limits, either on its moral or political powers. The attempt to confound insolvency and bankruptcy, and to make Congress supreme over both, was the most daring attack on the constitution, on the State laws, on the rights of property, and on public morals, which the history of Europe or America exhibited. There was no parallel to it in Europe or America. It was repudiation—universal repudiation of all debts—at the will of the debtor. The law was subversive of civil society; and he called upon Congress, the State legislatures, the federal and State judiciaries—and, above all, the people—to brand it for unconstitutionality and immorality, and put it down."Mr. B. said he had laid down the law, but he would refer to theformswhich the wisdom of the law provided for executing itself. Theseformswere the highest evidences of the law. They were framed by men learned in the law—approved by the courts—and studied by the apprentices to the law. They should also be studied by the journeymen—by the professors—and by the ermined judges. In this case, especially, they should be so studied. Bankruptcy was a branch of the law but little studied in our country. The mass of the community were uninformed upon it; and the latitudinarians, who could find no limits to the power of our government were daringly presuming upon the general ignorance, by undertaking to confound bankruptcy and insolvency, and claiming for Congress a despotic power over both. This daring attempt must be chastised. Congress must be driven back within the pale of the constitution; and for that purpose, the principles of the bankrupt systems must be made known to the people. Theformsare one of the best modes of doing this: and here are theformsof a bankrupt's certificate in Great Britain—the country from which our constitution borrowed the system. [Mr. B. then read from Jacob's Law Dictionary, titleBankruptcy, at the end of the title, thethreeforms of the certificates which were necessary to release a debtor from his debts.] The first form was that of the commissioners who examined the case, and who certified to the integrity of the bankrupt, and that he had conformed in all particulars to the act. The second form was that of the certificate of four-fifths of his creditors, 'allowing him to be discharged from his debts.' The third was the certificate of the Lord Chancellor, certifying that notice of these two certificates having been published for twenty-one days in the London Gazette, and no cause being shown to the contrary, the certificates granted by the commissioners and by the creditors were 'confirmed.' Then, and not till then, could the debtor be discharged from his debts; and with all this, the act of 1800 in the United States perfectly agreed, only taking two-thirds instead of four-fifths of the creditors. Congress could only absolve debts in this way, and that among the proper subjects of a bankrupt law: and the moral sense of the community must revolt against any attempt to do it in any other form. The present act was repudiation—criminal repudiation, as far as any one chose to repudiate—and must be put down by the community."

"Mr. B. said he had laid down the law, but he would refer to theformswhich the wisdom of the law provided for executing itself. Theseformswere the highest evidences of the law. They were framed by men learned in the law—approved by the courts—and studied by the apprentices to the law. They should also be studied by the journeymen—by the professors—and by the ermined judges. In this case, especially, they should be so studied. Bankruptcy was a branch of the law but little studied in our country. The mass of the community were uninformed upon it; and the latitudinarians, who could find no limits to the power of our government were daringly presuming upon the general ignorance, by undertaking to confound bankruptcy and insolvency, and claiming for Congress a despotic power over both. This daring attempt must be chastised. Congress must be driven back within the pale of the constitution; and for that purpose, the principles of the bankrupt systems must be made known to the people. Theformsare one of the best modes of doing this: and here are theformsof a bankrupt's certificate in Great Britain—the country from which our constitution borrowed the system. [Mr. B. then read from Jacob's Law Dictionary, titleBankruptcy, at the end of the title, thethreeforms of the certificates which were necessary to release a debtor from his debts.] The first form was that of the commissioners who examined the case, and who certified to the integrity of the bankrupt, and that he had conformed in all particulars to the act. The second form was that of the certificate of four-fifths of his creditors, 'allowing him to be discharged from his debts.' The third was the certificate of the Lord Chancellor, certifying that notice of these two certificates having been published for twenty-one days in the London Gazette, and no cause being shown to the contrary, the certificates granted by the commissioners and by the creditors were 'confirmed.' Then, and not till then, could the debtor be discharged from his debts; and with all this, the act of 1800 in the United States perfectly agreed, only taking two-thirds instead of four-fifths of the creditors. Congress could only absolve debts in this way, and that among the proper subjects of a bankrupt law: and the moral sense of the community must revolt against any attempt to do it in any other form. The present act was repudiation—criminal repudiation, as far as any one chose to repudiate—and must be put down by the community."

On the question for the repeal of the act, Mr. Benton took occasion to show it to be an invasion of the rights of the States, over the ordinary relations of debtor and creditor within their own limits, and a means of eating up estates to the loss of both debtor and creditor, and the enrichment of assignees, who make the settlement of the estate a life-long business, and often a legacy to his children.

"A question cannot arise between two neighbors about a dozen of eggs, without being liable to be taken from the custody of the laws of the States, and brought up to the federal courts. And now, when this doctrine that insolvency and bankruptcy are the same, if a continuance of the law is to be contrived, it must be done in conformity with such a fallacy. The law has proved to be nothing but a great insolvent law, for the abolition of debts, for the benefit of debtors; and would it be maintained that a permanent system ought to be built up on such a foundation as that?"Some months ago, he read in a Philadelphia paper a notice to creditors to come forward for a dividend of half a cent in the dollar, in a case of bankruptcy pending under the old law of 1800, since the year 1801. And, three or four days ago, he read a notice in a London paper, calling on creditors to come in for a dividend of five-sixths of a penny in the pound, in a case of bankruptcy pending since the year 1793. Here has been a case where the waste of property has been going on for fifty years in England, and another case where it has been going on in this country forty-one or forty-two years. He had been himself twenty-three years in the Senate, and, during that time, various efforts were made to revive the old law of 1800 in some shape or other; but never, till last session, in the shape in which the present law passed. And how could this law be expected to stand, when even the law of 1800 (which was in reality a bankrupt law) could not stand; but was, in the first year of its operation, condemned by the whole country?"

"Some months ago, he read in a Philadelphia paper a notice to creditors to come forward for a dividend of half a cent in the dollar, in a case of bankruptcy pending under the old law of 1800, since the year 1801. And, three or four days ago, he read a notice in a London paper, calling on creditors to come in for a dividend of five-sixths of a penny in the pound, in a case of bankruptcy pending since the year 1793. Here has been a case where the waste of property has been going on for fifty years in England, and another case where it has been going on in this country forty-one or forty-two years. He had been himself twenty-three years in the Senate, and, during that time, various efforts were made to revive the old law of 1800 in some shape or other; but never, till last session, in the shape in which the present law passed. And how could this law be expected to stand, when even the law of 1800 (which was in reality a bankrupt law) could not stand; but was, in the first year of its operation, condemned by the whole country?"

The passage of the act had been a reproach to Congress: its repeal should do them honor, and still more the people, under whose manifest and determined will it was to be done. The repeal bill readily passed the Senate, and then went to the House, where it was quickly passed, and under pressure of the previous question, by a vote 128 to 98. The history of the passage of these two measures (bankrupt and distribution) each of which came to an untimely end, is one of those legislative arcana which should be known, that such legislation may receive the reprobation which it deserves. The public only sees the outside proceeding, and imagines a wise and patriotic motive for the enactment of important laws. Too often there is neither wisdom nor patriotism in such enactment, but bargain, and selfishness, and duresse of circumstances. So it was in this case. The misconduct and misfortunes of the banks and the vices inherent in paper money, which had so long been the currency of the country, had filled the Union with pecuniary distress, and created an immense body of insolvent debtors, estimated by some at five hundred thousand: and all these were clamorous for a bankrupt act. The State of Mississippi was one of those most sorely afflicted with this state of things, and most earnest for the act. Her condition governed the conduct of her senators, and their votes made the bankrupt act, and passed the fiscal bank through the Senate. Such are the mysteries of legislation.

A bankrupt act, though expressly authorized by the constitution, had never been favored by the American people. It was tried fifty years ago, and condemned upon a two years' experience. Persevering efforts had since been made for a period of twenty years to obtain another act, but in vain. It was the opinion of Mr. Lowndes, expressed at the last session that he served, that no act framed upon the principles of the British system would ever be suitable to our country—that the complex and expensive machinery of the system, so objectionable in England, where debtors and creditors were comparatively near together, would be intolerable in the United States, where they were so widely separated, and the courts so sparsely scattered over the land, and so inconvenient to the majority of parties and witnesses. He believed a simple system might be adopted, reducing the process to a transaction between the debtor and his creditors, in which courts would have but little to do except to give effect to their agreement. The principle of his plan was that there should be a meeting of the creditors, either on the invitation of the failing debtor, or the summons of a given number of creditors; and when together, and invested with power to examine into the debtor's affairs, and to examine books and take testimony, that they themselves, by a given majority of two-thirds or three-fourths in value, should decide every question, make apro ratadivision of the effects, and grant a certificate of release: the release to be of right if the effects were taken. This simple process woulddispense with the vexatious question, of what constitutes an act of bankruptcy? And substitute for it the broad inquiry of failing circumstances—in the solution of which, those most interested would be the judges. It would also save the devouring expenses of costs and fees, and delays equally devouring, and the commissioners that must be paid, and the assignees who frequently become the beneficiaries of the debtor's effects—taking what he collects for his own fees, and often making a life estate of it. The estate of a bankrupt, in the hands of an assignee, Mr. Randolph was accustomed to call, "a lump of butter in a dog's mouth;" a designation which it might sometimes bear from the rapidity with which it was swallowed; but more frequently it was a bone to gnaw, and to be long gnawed before it was gnawed up. As an evidence of this, Mr. Benton read a notice from a Philadelphia paper, published while this debate was going on, inviting creditors to come forward and receive from the assignee a dividend of half a cent in the dollar, in a case of bankruptcy under the old act of 1800; also a notice in a London paper for the creditors to come in and receive a dividend of five-sixths of a penny in the pound in a case depending since 1793—the assignees respectively having been administering, one of them forty-one years, and the other fifty-two years, the estate of the debtor; and probably collecting each year about as much as paid his own fees.

The system has become nearly intolerable in England. As far back as the year 1817, the British Parliament, moved by the pervading belief of the injustice and abuses under their bankrupt laws, appointed a commissioner to examine into the subject, and to report the result of their investigation. It was done; and such a mass of iniquity revealed, as to induce the Lord Chancellor to say that the system was a disgrace to the country—that the assignees had no mercy either upon the debtor or his creditors—and that it would be better to repeal every law on the subject. The system, however, was too much interwoven with the business of the country to be abandoned. The report of the commissioners only led to a revision of the laws and attempted ameliorations; the whole of which were disregarded by our Congress of 1841, as were the principles of all previous bankrupt acts either in Great Britain, on the European Continent, or in the United States. That Congress abandoned the fundamental principle of all bankrupt systems—that of a proceeding of the creditors for their own benefit, and made it practically an insolvent law at the will of the debtor, for the abolition of his debt at his own pleasure. Iniquitous in itself, vicious in its mode of being passed, detested by the community, the life of the act was short and ignominious. Mr. Buchanan said it would be repealed in two years: and it was. Yet it was ardently contended for. Crowds attended Congress to demand it. Hundreds of thousands sent up their petitions. The whole number of bankrupts was stated by the most moderate at one hundred thousand: and Mr. Walker declared in his place that, if the act was not passed, thousands of unfortunate debtors would have to wear the chains of slavery, or be exiled from their native land.

The instincts of the people have been against this academy from the time it took its present form under the act of 1812, and those subsequent and subsidiary to it: many efforts have been made to abolish or to modify it: and all unsuccessful—partly from the intrinsic difficulty of correcting any abuse—partly from the great number interested in the Academy as an eleemosynary institution of which they have the benefit—and partly from the wrong way in which the reformers go to work. They generally move to abolish the whole system, and are instantly met by Washington's recommendation in favor of it. In the mean time Washington never saw such an institution as now shelters behind his name; and possibly would never have been in the army, except as a private soldier, if it had existed when he was a young man. He never recommended such an academy as we have: he never dreamed of such a thing: he recommended just the reverse of it, in recommending that cadets, serving in the field with the companies to which they were attached, and receiving the pay, clothing, and ration of a sergeant, should be sent—such of them as showed a stomach for the hardships, aswell as a taste for the pleasures and honors of the service, and who also showed a capacity for the two higher branches of the profession (engineering and artillery)—to West Point, to take instruction from officers in these two branches of the military art: and no more. At this session one of the usual movements was made against it—an attack upon the institution in its annual appropriation bill, by moving to strike out the appropriation for its support, and substitute a bill for its abolition. Mr. Hale made the motion, and was supported in it by several members. Mr. McKay, chairman of the committee, which had the appropriation bill in charge, felt himself bound to defend it, but in doing so to exclude the conclusion that he was favorable to the academy. Begging gentlemen, therefore, to withdraw their motion, he went on to say:

"He was now, and always had been, in favor of a very material alteration in the organization of this institution. He did not think that the government should educate more young men than were necessary to fill the annual vacancies in the army. It was beyond dispute, that the number now educated was more than the average annual vacancies in the army required; and hence the number of supernumerary second lieutenants—which he believed was now something like seventy; and would be probably thirty more the next year. This, however, did not present the true state of the question. In a single year, in consequence of an order issued from the war department, that all the officers who were in the civil service of the railroad and canal companies, &c., should join their respective regiments, there were upwards of one hundred resignations. Now, if these resignations had not taken place, the army would have been overloaded with supernumerary second lieutenants. He was for reducing the number of cadets, but at the same time would make a provision by which parents and guardians should have the privilege of sending their sons and wards there to be educated, at their own expense. This (Mr. M. said) was the system adopted in Great Britain; and it appeared, by a document he had in his hand, that there were three hundred and twenty gentlemen cadets, and fifteen officers educated at the English Military Academy, at a much less expense than it required to educate two hundred and twenty cadets at West Point. He agreed with much of what had been said by the gentleman from Connecticut, Mr. Seymour, that it would be an amelioration of our military service, to open the door of promotion to meritorious non-commissioned officers and privates. Under the present system, no man who was a non-commissioned officer or private, however meritorious, had the least chance of promotion. It was true that there were instances of such men getting commissions, but they were very rare; and the consequence was, that the ranks of the army were filled with some of the worst men in the country, and desertions had prevailed to an enormous extent. Mr. McK. here gave from the documents, the number of annual desertions, from the year 1830 to 1836, showing an average of one thousand. He would not now, however, enlarge on this subject, but would reserve his remarks till the bill for reorganizing the academy, which he understood was to be reported by the Military Committee, should come in."

Mr. McKay was not counted among the orators of the House: he made no pretension to fine speaking: but he was one of those business, sensible, upright men, who always spoke sense and reason, and to the point, and generally gave more information to the House in a few sentences than could often be found in one of the most pretentious speeches. Of this character were the remarks which he made on this occasion; and in the four statements that he made,first, that upwards of one hundred West Point officers had resigned their commissions in one year when ordered to quit civil service and join their corps;secondly, that there was a surplus of seventy graduates at that time for whom there was no place in the army;thirdly, that at the English Military Academy, three hundred and thirty-five cadets and officers were instructed at much less expense than two hundred and twenty with us;fourthly, that the annual desertions from the rank and file of the army had averaged one thousand men per annum for six years together, these desertions resulting from want of promotion and disgust at a service which was purely necessary. Mr. McKay was followed by another speaker of the same class with himself—Mr. Cave Johnson, of Tennessee; who stood up and said:

"That there was no certainty that the bill to be reported by the Military Committee, which the gentleman referred to, would be reached this session; and he was therefore for effecting a reform now that the subject was before them. He would, therefore, suggest to the gentleman from New Hampshire to withdraw his amendment, and submit another, to the following effect: That no money appropriated in this bill, or hereafter to be appropriated, shall be applied to the payment of any cadet hereafter to be appointed; and the terms of service of those whohave warrants now in the academy shall be held to cease from and after four years from the time of their respective appointments. The limitation of this appropriation now, would put an end to the academy, unless the House would act on the propositions which would be hereafter made. He was satisfied it ought to be abolished, and he would at once abolish it, but for the remarks of his friend from North Carolina; he therefore hoped his friend from New Hampshire would adopt the suggestions which had been made."

Mr. Harralson, of Georgia, chairman of the Committee on Military Affairs, felt himself called upon by his position to come to the defence of the institution, which he did in a way to show that it was indefensible. He

"Intimated that that committee would propose some reductions in the number of cadets; and when that proposition came before the House, these amendments could be appropriately offered. The proposition would be made to reduce the number of the cadets to the wants of the army. But this appropriation should now be made; and if, by any reductions hereafter made, it should be found more than adequate to the wants of the institution, the balance would remain in the Treasury, and would not be lost to the country. He explained the circumstances under which, in 1836, some persons educated as cadets at West Point became civil engineers, and accepted employment on projected lines of railroad; and asserted that no class of our countrymen were more ready to obey the call of their country, in any exigency which might arise."

Mr. Orlando Ficklin, of Illinois, not satisfied with the explanations made by the chairman on military affairs, returned to the charge of the one hundred resignations in one year; and said:

"He had listened to the apology or excuse rendered by the chairman of the Committee on Military Affairs, for the cadets who resigned in 1836. And what was that excuse? Why, forsooth, though they had been educated at the government expense, yet, because they could get better pay by embarking in other pursuits, they deserted the service of the country which had educated them, and prepared them for her service. He did not intend to detain the committee at present, but he must be permitted to say to those who were in favor of winding up the concern, that they ought not to vote an appropriation of a single dollar to that institution, unless the same bill contained a provision, in language as emphatic as it could be made, declaring that this odious, detestable, and aristocratic institution, shall be brought to a close. If it did not cost this government a single dollar, he would still be unwilling that it should be kept up. He was not willing that the door of promotion should be shut against the honest and deserving soldier, and that a few dandies and band-box heroes, educated at that institution, should enjoy the monopoly of all the offices. Mr. F. adverted to the present condition of the army. It was filled up, he said, by foreigners. Native Americans, to whom they should naturally look as the defenders of the country, were deterred from entering it. It would be well, he thought, to have a committee of investigation, that the secrets of the prison-house might be disclosed, and its abuses brought to light."

Mr. Black, of Georgia, proposed an amendment, compelling the cadets to serve ten years, and keeping up the number: upon which Mr. Hale remarked:

"The amendment of the gentleman from Georgia would seem to imply that there were not officers enough: whereas the truth was there were more than enough. The difficulty was, there were already too many. The Army Register showed a list already of seventy supernumeraries; and more were being turned out upon us every year. The gentleman from New York had made a most unhappy illustration of the necessity for educating cadets for the army, by comparing them with the midshipmen in the navy. What was the service rendered by midshipmen on board our national vessels? Absolutely none. They were of no sort of use; and precisely so was it with these cadets. He denied that General Washington ever recommended a military academy like the present institution; and, if he had done so, he would, instead of proclaiming it, have endeavored to shield his great name from such a reproach."

The movement ended as usual, in showing necessity for a reform, and in failing to get it.

The great event of carrying the Anglo-Saxon race to the shore of the Pacific Ocean, and planting that race firmly on that sea, took place at this time, beginning in 1842, and largely increasing in 1843. It was not an act of the government, leading the people and protectingthem; but, like all the other great emigrations and settlements of that race on our continent, it was the act of the people, going forward without government aid or countenance, establishing their possession, and compelling the government to follow with its shield, and spread it over them. So far as the action of the government was concerned, it operated to endanger our title to the Columbia, to prevent emigration, and to incur the loss of the country. The first great step in this unfortunate direction was the treaty of joint occupation, as it was called, of 1818; by which the British, under the fallacious idea of mutuality, where there was nothing mutual, were admitted to a delusive joint occupation, with ourselves, intended to be equal—but which quickly became exclusive on their part: and was obliged to become so, from the power and organization of their Hudson Bay Company, already flanking the country and ready to cross over and cover it. It is due to the memory of President Monroe, under whose administration this unfortunate treaty was made, to say that, since the publication of the first volume of this View, the author has been informed by General Jesup (who had the fact from Mr. Monroe himself at the time), that his instructions had not authorized this arrangement (which in fact the commissioners intimated in their correspondence), and only after much hesitation prevailed on himself to send it to the Senate. That treaty was for ten years, and the second false step was in its indefinite extension by another of 1828, until one or the other of the parties should give notice for its discontinuance—the most insidious and pernicious of all agreements, being so easy to be adopted, and so hard to be got rid of. The third great blunder was in not settling the Oregon question in the Ashburton negotiation, when we had a strong hold upon the British government in its earnest desire to induce us to withdraw our northeastern boundary from the neighborhood of Lower Canada, and to surrender a part of Maine for the road from Halifax to Quebec. The fourth step in this series of governmental blunders, was the recommendation of President Tyler to discountenance emigration to Oregon, by withholding land from the emigrants, until the two governments had settled the title—a contingency too remote to be counted upon within any given period, and which every year's delay would make more difficult. The title to the country being thus endangered by the acts of the government, the saving of it devolved upon the people—and they saved it. In 1842, incited by numerous newspaper publications, upwards of a thousand American emigrants went to the country, making their long pilgrimage overland from the frontiers of Missouri, with their wives and children, their flocks and herds, their implements of husbandry and weapons of defence—traversing the vast inclined plane to the base of the Rocky Mountains, crossing that barrier (deemed impassable by Europeans), and descending the wide slope which declines from the mountains to the Pacific. Six months would be consumed in this journey, filled with hardships, beset by dangers from savage hostility, and only to be prosecuted in caravans of strength and determination. The Burnets and Applegates from Missouri were among the first leaders, and in 1843, some two thousand more joined the first emigration. To check these bold adventurers was the object of the government: to encourage them, was the object of some Western members of Congress, on whom (in conjunction with the people) the task of saving the Columbia evidently devolved. These members were ready for their work, and promptly began. Early in the session, Mr. Linn, a senator from Missouri, introduced a bill for the purpose, of which these were the leading provisions:

"That the President of the United States is hereby authorized and required to cause to be erected, at suitable places and distances, a line of stockade and blockhouse forts, not exceeding five in number, from some point on the Missouri and Arkansas rivers into the best pass for entering the valley of the Oregon; and, also, at or near the mouth of the Columbia River."That provision hereafter shall be made by law to secure and grant six hundred and forty acres, or one section of land, to every white male inhabitant of the territory of Oregon, of the age of eighteen years and upward, who shall cultivate and use the same for five consecutive years; or to his heir or heirs-at-law, if such there be, in case of his decease. And to every such inhabitant or cultivator (being a married man) there shall be granted, in addition, one hundred and sixty acres to the wife of said husband, and the like quantity of one hundred and sixty acres to the father for each child under the age of eighteen years he may have, or which may be born within the five years aforesaid."That no sale, alienation, or contract of any kind, shall be valid, of such lands, before thepatent is issued therefor; nor shall the same be liable to be taken in execution, or bound by any judgment, mortgage, or lien, of any kind, before the patent is so issued; and all pretended alienations or contracts for alienating such lands, made before the issuing of the patents, shall be null and void against the settler himself, his wife, or widow, or against his heirs-at-law, or against purchasers, after the issuing of the patent."That the President is hereby authorized and required to appoint two additional Indian agents, with a salary of two thousand dollars each, whose duty it shall be (under his direction and control) to superintend the interests of the United States with any or every Indian tribe west of any agency now established by law."That the sum of one hundred thousand dollars be appropriated, out of any money in the Treasury not otherwise appropriated, to carry into effect the provisions of this act."Sec.2.And be it further enacted, That the civil and criminal jurisdiction of the supreme court and district courts of the territory of Iowa, be, and the same is hereby, extended over that part of the Indian territories lying west of the present limits of the said territory of Iowa, and south of the forty-ninth degree of north latitude, and west of the Rocky Mountains, and north of the boundary line between the United States and the Republic of Texas, not included within the limits of any State; and also, over the Indian territories comprising the Rocky Mountains and the country between them and the Pacific Ocean, south of fifty-four degrees and forty minutes of north latitude, and north of the forty-second degree of north latitude; and justices of the peace may be appointed for the said territory, in the same manner and with the same powers as now provided by law in relation to the territory of Iowa:Provided, That any subject of the government of Great Britain, who shall have been arrested under the provisions of this act for any crime alleged to have been committed within the territory westward of the Stony or Rocky Mountains, while the same remains free and open to the vessels, citizens, and subjects of the United States and of Great Britain, pursuant to stipulations between the two powers, shall be delivered up, on proof of his being such British subject, to the nearest or most convenient authorities having cognizance of such offence by the laws of Great Britain, for the purpose of being prosecuted and tried according to such laws."Sec.3.And be it further enacted, That one associate judge of the supreme court of the territory of Iowa, in addition to the number now authorized by law, may, in the discretion of the President, be appointed, to hold his office by the same tenure and for the same time, receive the same compensation, and possess all the powers and authority conferred by law upon the associate judges of the said territory; and one judicial district shall be organized by the said supreme court, in addition to the existing number, in reference to the jurisdiction conferred by this act; and a district court shall be held in the said district by the judge of the supreme court, at such times and places as the said court shall direct; and the said district court shall possess all the powers and authority vested in the present district courts of the said territory, and may, in like manner, appoint its own clerk."Sec.4.And be it further enacted, That any justice of the peace, appointed in and for the territories described in the second section of this act, shall have power to cause all offenders against the laws of the United States to be arrested by such persons as they shall appoint for that purpose, and to commit such offenders to safe custody for trial, in the same cases and in the manner provided by law in relation to the Territory of Iowa; and to cause the offenders so committed to be conveyed to the place appointed for the holding of a district court for the said Territory of Iowa, nearest and most convenient to the place of such commitment, there to be detained for trial, by such persons as shall be authorized for that purpose by any judge of the supreme court, or any justice of the peace of the said Territory; or where such offenders are British subjects, to cause them to be delivered to the nearest and most convenient British authorities, as hereinbefore provided; and the expenses of such commitment, removal, and detention, shall be paid in the same manner as provided by law in respect to the fees of the marshal of the said territory."

"That provision hereafter shall be made by law to secure and grant six hundred and forty acres, or one section of land, to every white male inhabitant of the territory of Oregon, of the age of eighteen years and upward, who shall cultivate and use the same for five consecutive years; or to his heir or heirs-at-law, if such there be, in case of his decease. And to every such inhabitant or cultivator (being a married man) there shall be granted, in addition, one hundred and sixty acres to the wife of said husband, and the like quantity of one hundred and sixty acres to the father for each child under the age of eighteen years he may have, or which may be born within the five years aforesaid.

"That no sale, alienation, or contract of any kind, shall be valid, of such lands, before thepatent is issued therefor; nor shall the same be liable to be taken in execution, or bound by any judgment, mortgage, or lien, of any kind, before the patent is so issued; and all pretended alienations or contracts for alienating such lands, made before the issuing of the patents, shall be null and void against the settler himself, his wife, or widow, or against his heirs-at-law, or against purchasers, after the issuing of the patent.

"That the President is hereby authorized and required to appoint two additional Indian agents, with a salary of two thousand dollars each, whose duty it shall be (under his direction and control) to superintend the interests of the United States with any or every Indian tribe west of any agency now established by law.

"That the sum of one hundred thousand dollars be appropriated, out of any money in the Treasury not otherwise appropriated, to carry into effect the provisions of this act.

"Sec.2.And be it further enacted, That the civil and criminal jurisdiction of the supreme court and district courts of the territory of Iowa, be, and the same is hereby, extended over that part of the Indian territories lying west of the present limits of the said territory of Iowa, and south of the forty-ninth degree of north latitude, and west of the Rocky Mountains, and north of the boundary line between the United States and the Republic of Texas, not included within the limits of any State; and also, over the Indian territories comprising the Rocky Mountains and the country between them and the Pacific Ocean, south of fifty-four degrees and forty minutes of north latitude, and north of the forty-second degree of north latitude; and justices of the peace may be appointed for the said territory, in the same manner and with the same powers as now provided by law in relation to the territory of Iowa:Provided, That any subject of the government of Great Britain, who shall have been arrested under the provisions of this act for any crime alleged to have been committed within the territory westward of the Stony or Rocky Mountains, while the same remains free and open to the vessels, citizens, and subjects of the United States and of Great Britain, pursuant to stipulations between the two powers, shall be delivered up, on proof of his being such British subject, to the nearest or most convenient authorities having cognizance of such offence by the laws of Great Britain, for the purpose of being prosecuted and tried according to such laws.

"Sec.3.And be it further enacted, That one associate judge of the supreme court of the territory of Iowa, in addition to the number now authorized by law, may, in the discretion of the President, be appointed, to hold his office by the same tenure and for the same time, receive the same compensation, and possess all the powers and authority conferred by law upon the associate judges of the said territory; and one judicial district shall be organized by the said supreme court, in addition to the existing number, in reference to the jurisdiction conferred by this act; and a district court shall be held in the said district by the judge of the supreme court, at such times and places as the said court shall direct; and the said district court shall possess all the powers and authority vested in the present district courts of the said territory, and may, in like manner, appoint its own clerk.

"Sec.4.And be it further enacted, That any justice of the peace, appointed in and for the territories described in the second section of this act, shall have power to cause all offenders against the laws of the United States to be arrested by such persons as they shall appoint for that purpose, and to commit such offenders to safe custody for trial, in the same cases and in the manner provided by law in relation to the Territory of Iowa; and to cause the offenders so committed to be conveyed to the place appointed for the holding of a district court for the said Territory of Iowa, nearest and most convenient to the place of such commitment, there to be detained for trial, by such persons as shall be authorized for that purpose by any judge of the supreme court, or any justice of the peace of the said Territory; or where such offenders are British subjects, to cause them to be delivered to the nearest and most convenient British authorities, as hereinbefore provided; and the expenses of such commitment, removal, and detention, shall be paid in the same manner as provided by law in respect to the fees of the marshal of the said territory."

These provisions are all just and necessary for the accomplishment of their object, and carefully framed to promote emigration, and to avoid collisions with the British, or hostilities with the Indians. The land grants were the grand attractive feature to the emigrants: the provision for leaving British offenders to British jurisdiction was to avoid a clash of jurisdictions, and to be on an equality with the British settlers over whom the British Parliament had already extended the laws of Canada; and the boundaries within which our settlers were to be protected, were precisely those agreed upon three years later in a treaty between the two powers. The provisions were all necessary for their object, and carefully framed to avoid infraction of any part of the unfortunate treaty of 1818; but the bill encountered a strenuous, and for a long time a nearly balanced, opposition in the Senate—some opposed to the whole object of settling the country at any time—some to its present settlement, many to the fear ofcollision with the British subjects already there, or infraction of the treaty of 1818. Mr. McDuffie took broad ground against it.

"For whose benefit are we bound to pass this bill? Who are to go there, along the line of military posts, and take possession of the only part of the territory fit to occupy—that part lying upon the sea-coast, a strip less than one hundred miles in width; for, as I have already stated, the rest of the territory consists of mountains almost inaccessible, and low lands which are covered with stone and volcanic remains, where rain never falls, except during the spring; and even on the coast no rain falls, from April to October, and for the remainder of the year there is nothing but rain. Why, sir, of what use will this be for agricultural purposes? I would not for that purpose give a pinch of snuff for the whole territory. I wish to God we did not own it. I wish it was an impassable barrier to secure us against the intrusion of others. This is the character of the country. Who are we to send there? Do you think your honest farmers in Pennsylvania, New York, or even Ohio or Missouri, will abandon their farms to go upon any such enterprise as this? God forbid! if any man who is to go to that country, under the temptations of this bill, was my child—if he was an honest industrious man, I would say to him, for God's sake do not go there. You will not better your condition. You will exchange the comforts of home, and the happiness of civilized life, for the pains and perils of a precarious existence. But if I had a son whose conduct was such as made him a fit subject for Botany Bay, I would say in the name of God, go. This is my estimate of the importance of the settlement. Now, what are we to gain by making the settlement? In what shape are our expenditures there to be returned? When are we to get any revenue from the citizens of ours who go to that distant territory—3,300 miles from the seat of government, as I have it from the senator from Missouri? What return are they going to make us for protecting them with military posts, at the expense at the outset of $200,000, and swelling hereafter God knows how much—probably equalling the annual expenses of the Florida war. What will they return us for this enormous expense, after we have tempted them, by this bill, to leave their pursuits of honest industry, to go upon this wild and gambling adventure, in which their blood is to be staked?"

Besides repulsing the country as worthless, Mr. McDuffie argued that there was danger in taking possession of it—that the provisions of the bill conflicted with the stipulations of the treaty of 1818—and that Great Britain, though desirous of peace with the United States, would be forced into war in defence of her rights and honor. Mr. Calhoun was equally opposed as his colleague to the passage of the bill, but not for the same reasons. He deemed the country well worth having, and presenting great commercial advantages in communicating with China and Japan, which should not be lost.

"I do not agree with my eloquent and able colleague that the country is worthless. He has underrated it, both as to soil and climate. It contains a vast deal of land, it is true, that is barren and worthless; but not a little that is highly productive. To that may be added its commercial advantages, which will, in time, prove to be great. We must not overlook the important events to which I have alluded as having recently occurred in the Eastern portion of Asia. As great as they are, they are but the beginning of a series of a similar character, which must follow at no distant day. What has taken place in China, will, in a few years, be followed in Japan, and all the eastern portions of that continent. Their ports, like the Chinese, will be opened, and the whole of that large portion of Asia, containing nearly half of the population and wealth of the globe, will be thrown open to the commerce of the world, and be placed within the pales of European and American intercourse and civilization. A vast market will be created, and a mighty impulse will be given to commerce. No small portion of the share that would fall to us with this populous and industrious portion of the globe, is destined to pass through the ports of the Oregon Territory to the valley of the Mississippi, instead of taking the circuitous and long voyage round Cape Horn; or the still longer, round the Cape of Good Hope. It is mainly because I place this high estimate on its prospective value, that I am so solicitous to preserve it, and so adverse to this bill, or any other precipitate measure which might terminate in its loss. If I thought less of its value, or if I regarded our title less clear, my opposition would be less decided."

Infraction of the treaty and danger of war—the difficulty and expense of defending a possession so remote—the present empty condition of the treasury—were further reasons urged by Mr. Calhoun in favor of rejecting the bill; but having avowed himself in favor of saving our title to the country, it became necessary to show his mode of doing so, and fell upon the same plan to ripen and secure our title, which others believed was wholly relied upon by Great Britain to ripen and secure hers—Time! an element which only worked in favor of the possessor; and that possessor was now Great Britain. On this head he said:

"The question presents itself, how shall we preserve this country? There is only one means by which it can be; but that, fortunately, is the most powerful of all—time.Timeis acting for us; and, if we shall have the wisdom to trust its operation, it will assert and maintain our right with resistless force, without costing a cent of money, or a drop of blood. There is often in the affairs of government, more efficiency and wisdom in non-action, than in action. All we want to effect our object in this case, is 'a wise and masterly inactivity.' Our population is rolling towards the shores of the Pacific, with an impetus greater than what we realize. It is one of those forward movements which leaves anticipation behind. In the period of thirty-two years which have elapsed since I took my seat in the other House, the Indian frontier has receded a thousand miles to the West. At that time, our population was much less than half what it is now. It was then increasing at the rate of about a quarter of a million annually; it is now not less than six hundred thousand; and still increasing at the rate of something more than three per cent. compound annually. At that rate, it will soon reach the yearly increase of a million. If to this be added, that the region west of Arkansas and the State of Missouri, and south of the Missouri River, is occupied by half civilized tribes, who have their lands secured to them by treaty (and which will prevent the spread of population in that direction), and that this great and increasing tide will be forced to take the comparatively narrow channel to the north of that river and south of our northern boundary, some conception may be formed of the strength with which the current will run in that direction, and how soon it will reach the eastern gorges of the Rocky Mountains. It will soon—far sooner than anticipated—reach the Rocky Mountains, and be ready to pour into the Oregon Territory, when it will come into our possession without resistance or struggle—or, if there should be resistance, it would be feeble and ineffectual. We would then be as much stronger there, comparatively, than Great Britain, as she is now stronger than we are; and it would then be as idle in her to attempt to assert and maintain her exclusive claim to the territory against us, as it would now be in us to attempt it against her. Let us be wise, and abide our time, and it will accomplish all that we desire, with far more certainty and with infinitely less sacrifice, than we can without it."

Mr. Calhoun averred and very truly, that his opposition to the bill did not grow out of any opposition to the growth of the West—declared himself always friendly to the interests of that great section of our country, and referred to his course when he was Secretary at war to prove it.

"I go back to the time when I was at the head of the War Department. At that early period I turned my attention particularly to the interest of the West. I saw that it required increased security to its long line of frontier, and greater facility of carrying on intercourse with the Indian tribes in that quarter, and to enable it to develope its resources—especially that of its fur-trade. To give the required security, I ordered a much larger portion of the army to that frontier; and to afford facility and protection for carrying on the fur-trade, the military posts were moved much higher up the Mississippi and Missouri rivers. Under the increased security and facility which these measures afforded, the fur-trade received a great impulse. It extended across the continent in a short time, to the Pacific, and north and south to the British and Mexican frontiers; yielding in a few years, as stated by the Senator from Missouri [Mr. Linn], half a million of dollars annually. But I stopped not there. I saw that individual enterprise on our part, however great, could not successfully compete with the powerful incorporated Canadian and Hudson Bay Companies, and that additional measures were necessary to secure permanently our fur-trade. For that purpose I proposed to establish a post still higher up the Missouri, at the mouth of the Yellow Stone River, and to give such unity and efficiency to our intercourse and trade with the Indian tribes between our Western frontier and the Pacific ocean, as would enable our citizens engaged in the fur-trade to compete successfully with the British traders. Had the measures proposed been adopted, we would not now have to listen to the complaint, so frequently uttered in this discussion, of the loss of that trade."

The inconsistent argument of Mr. McDuffie, that the country was worthless, and yet that Great Britain would go to war for it, was thus answered by Mr. Linn:

"The senator from South Carolina somewhat inconsistently urges that the country is bleak, barren, volcanic, rocky, a waste always flooded when it is not parched; and insists that, worthless as it is, Great Britain will go at once to war for it. Strange that she should in 1818 have held so tenaciously to what is so worthless! Stranger still, that she should have stuck yet closer to it in 1827, when she had had still ampler time to learn the bootlessness of the possession! And strangest of all, that she should still cling to it with the grasp of death! Sir, I cannot for my life help thinking that she and the senator have formed a very different estimate of the territory, and that she is (as she ought to be) a good deal the better informed. She knows well its soil climate, and physical resources, and perfectly comprehends its commercial and geographical importance. And knowing all this, she was ready to sink all sense of justice, stifle all respect for our clear title, andhasten to root her interests in the soil, so as to secure the strong, even when most wrongful, title of possession."

The danger of waiting for Great Britain to strengthen her claim was illustrated by Mr. Linn, by what had happened in Maine. In 1814 she proposed to purchase the part she wanted. She afterwards endeavored to negotiate for a right of way across the State. Failing in that attempted negotiation, as in the offer to purchase, she boldly set up a claim to all she wanted—demanded it as matter of right—and obtained it by the Ashburton treaty—the United States paying Massachusetts and Maine for the dismembered part. Deprecating a like result from temporizing measures with respect to Oregon, Mr. Linn said:

"So little before 1813 or 1814 did Great Britain ever doubt your claim to the lately contested territory in Maine, that in 1814 she proposed topurchasethat part of it which she desired. She next treated for a right of way. It was refused; and she then set up a claim to the soil. This method has sped no ill with her; for she has got what she wanted, AND MADE YOU PAY FOR IT. Her Oregon game is the same. She has set her heart upon a strip of territory north of the Oregon, and seems determined to pluck it from us, either by circumvention or force. Aware of the political as well as legal advantages of possession, she is strengthening hers in every way not too directly responsible. She is selecting and occupying the best lands, the most favorable sites. These she secures to the settlers under contracts. For any counteraction of yours, she may take, and is taking, possession of the whole territory. She has appropriated sites for mills, manufactories, and farms. If one of these has been abandoned for a better, she reverts to it, if a citizen of yours occupies it, and ejects him. She tells her people she will protect them in whatever they have laid, or may lay, their hands upon. If she can legitimately do this, why may not we? Is this a joint occupation of which she is to have the sole benefit? Had you as many citizens there as she, you would be compelled to protect them; and if you have not, why is it but because she keeps them off, and you refuse to offer them the inducements which she holds out? Give them a prospective grant of lands, and insure them the shelter of your laws, and they will soon congregate there in force enough to secure your rights and their own."

The losses already sustained by our citizens from the ravages of Indians, incited against them by the British Hudson Bay company, were stated by Mr. Linn upon good authority, to be five hundred men in lives taken in the first ten years of the joint occupation treaty, and half a million of dollars in property robbed or destroyed, besides getting exclusive possession of our soil, and the command of our own Indians within our own limits: and he then contrasted this backwardness to protect our own citizens on their own soil with the readiness to expend untold amounts on the protection of our citizens engaged in foreign commerce; and even in going to the coast of Africa to guard the freedom of the negro race.

"Wherever your sails whiten the sea, in no matter what clime, against no matter whom, the national arm stretches out its protection. Every where but in this unhappy territory, the persons and the pursuits of your citizens are watched over. You count no cost when other interests are concerned, when other rights are assailed; but you recoil here from a trifling appropriation to an object of the highest national importance, because it enlists no sectional influence. Contrast, for instance, your supineness about the Oregon Territory, with your alacrity to establish, for guarding the slave coast and Liberia, a squadron costing $600,000 annually, and which you have bound yourself by treaty to keep up for five years, with great exposure of lives and vessels. By stipulation, eighty guns (one-twelfth of your force afloat) is kept upon this service; and, as your naval expenditure amounts to about seven millions a year, this (its twelfth part) will make, in five years, three millions bestowed in watching the coast of Africa, and guarding the freedom of the negro race! For this you lavish millions; and you grudge $100,000 to the great American and national object of asserting your territorial rights and settling your soil. You grant at once what furthers the slave policy of a rival power, and deny the means of rescuing from its grasp your own property and soil."

This African squadron has now been kept up more than twice five years, and promises to be perpetual; for there was that delusive clause in the article, so tempting to all temporizing spirits, that after the lapse of the five years, the squadron was still to be kept up until the United States should give notice to terminate the article. This idea of notice to terminate a treaty, so easy to put in it, and so difficult to be given when entanglement and use combine to keep things as they are, was shown to be almost impossible in this treaty of joint occupation of the Columbia. Mr. Calhoun had demanded of Mr. Linn, why not give the notice to terminate the treaty beforeproceeding to settle the country? to which he answered:

"The senator from South Carolina [Mr.Calhoun], has urged that we should, first of all, give the twelve months' notice of our renunciation of the treaty. He [Mr.Linn] could only answer that he had repeatedly, by resolutions, urged that course in former years; but always in vain. He had ever been met with the answer: 'This is not the proper time—wait.' Meanwhile, the adverse possession was going on, fortifying from year to year the British claim and the British resources, to make it good. Mr. Madison had encouraged the bold and well-arranged scheme of Astor to fortify and colonize. He was dispossessed; and the nucleus of empire which his establishments formed, passed into the hands of the Hudson Bay Company, now the great instrument of English aggrandizement in that quarter. The senator insists that, by the treaty, there should be a joint possession. Be it so, if you will. But where is our part of this joint possession? In what does it consist, or has it consisted? We have no posts there, no agent, no military power to protect traders. Nay, indeed, no traders! For they have disappeared before foreign competition; or fallen a sacrifice to the rifle, the tomahawk, or the scalping knife of those savages whom the Hudson Bay Company can always make the instruments of systematic massacre of adventurous rivals."

Mr. Benton spoke at large in defence of the bill, and first of the clause in it allotting land to the settlers, saying:

"The objections to this bill grew out of the clause granting land to the settlers, not so much on account of the grants themselves, as on account of the exclusive jurisdiction over the country, which the grants would seem to imply. This was the objection; for no one defended the title of the British to one inch square of the valley of Oregon. The senator from Arkansas [Mr.Sevier], who has just spoken, had well said that this was an objection to the whole bill; for the rest would be worth nothing, without these grants to the settlers. Nobody would go there without the inducement of land. The British had planted a power there—the Hudson Bay Fur Company—in which the old Northwest Company was merged; and this power was to them in the New World what the East India company was to them in the Old World: it was an arm of the government, and did every thing for the government which policy, or treaties prevented it from doing for itself. This company was settling and colonizing the Columbia for the British government, and we wish American citizens to settle and colonize it for us. The British government gives inducement to this company. It gives them trade, commerce, an exclusive charter, laws, and national protection. We must give inducement also; and our inducement must be land and protection. Grants of land will carry settlers there; and the senator from Ohio [Mr.Tappan] was treading in the tracks of Mr. Jefferson (perhaps without having read his recommendation, although he has read much) when he proposed, in his speech of yesterday, to plant 50,000 settlers, with their 50,000 rifles, on the banks of the Oregon. Mr. Jefferson had proposed the same thing in regard to Louisiana. He proposed that we should settle that vast domain when we acquired it; and for that purpose, that donations of land should be made to the first 30,000 settlers who should go there. This was the right doctrine, and the old doctrine. The white race were a land-loving people, and had a right to possess it, because they used it according to the intentions of the Creator. The white race went for land, and they will continue to go for it, and will go where they can get it. Europe, Asia, and America, have been settled by them in this way. All the States of this Union have been so settled. The principle is founded in their nature and in God's command; and it will continue to be obeyed. The valley of the Columbia is a vast field open to the settler. It is ours, and our people are beginning to go upon it. They go under the expectation of getting land; and that expectation must be confirmed to them. This bill proposes to confirm it; and if it fails in this particular, it fails in all. There is nothing left to induce emigration; and emigration is the only thing which can save the country from the British, acting through their powerful agent—the Hudson Bay Company."

Mr. Benton then showed from a report of Major Pilcher, Superintendent of Indian Affairs, and who had visited the Columbia River, that actual colonization was going on there, attended by every circumstance that indicated ownership and the design of a permanent settlement. Fort Vancouver, the principal of these British establishments, for there are many of them within our boundaries, is thus described by Major Pilcher:

"This fort is on the north side of the Columbia, nearly opposite the mouth of the Multnomah, in the region of tide-water, and near the head of ship navigation. It is a grand position, both in a military and commercial point of view, and formed to command the whole region watered by the Columbia and its tributaries. The surrounding country, both in climate and soil, is capable of sustaining a large population; and its resources in timber give ample facilities for ship-building. This post is fortified with cannon; and, having been selected as the principal or master position, no pains have been spared to strengthen or improve it. For this purpose, the old post near the mouth of the river hasbeen abandoned. About one hundred and twenty acres of ground are in cultivation; and the product in wheat, barley, oats, corn, potatoes, and other vegetables, is equal to what is known in the best parts of the United States. Domestic animals are numerous—the horned cattle having been stated to me at three hundred; hogs, horses, sheep, and goats, in proportion; also, the usual domestic fowls: every thing, in fact, indicating a permanent establishment. Ship-building has commenced at this place. One vessel has been built and rigged, sent to sea, and employed in the trade of the Pacific Ocean. I also met a gentleman, on my way to Lake Winnipec, at the portage between the Columbia and Athabasca, who was on his way from Hudson's Bay to Fort Colville, with a master ship-carpenter, and who was destined for Fort Vancouver, for the purpose of building a ship of considerable burden. Both grist and saw-mills have been built at Fort Vancouver: with the latter, they saw the timber which is needed for their own use, and also for exportation to the Sandwich Islands; upon the former, their wheat is manufactured into flour. And, from all that I could learn, this important post is silently growing up into a colony; and is, perhaps, intended as a future military and naval station, which was not expected to be delivered up at the expiration of the treaty which granted them a temporary and joint possession."

Mr. Benton made a brief deduction of our title to the Columbia to the 49th parallel under the treaty of Utrecht, and rapidly traced the various British attempts to encroach upon that line, the whole of which, though earnestly made and perseveringly continued, failed to follow that great line from the Lake of the Woods to the shores of the Pacific. He thus made this deduction of title:

"Louisiana was acquired in 1803. In the very instant of signing the treaty which brought us that province, another treaty was signed in London (without a knowledge of what was done in Paris), fixing, among other things, the line from the Lake of the Woods to the Mississippi. This treaty, signed by Mr. Rufus King and Lord Hawkesbury, was rejected by Mr. Jefferson, without reference to the Senate, on account of the fifth article (which related to the line between the Lake of the Woods and the head of the Mississippi), for fear it might compromise the northern boundary of Louisiana and the line of 49 degrees. In this negotiation of 1803, the British made no attempt on the line of the 49th degree, because it was not then known to them that we had acquired Louisiana; but Mr. Jefferson, having a knowledge of this acquisition, was determined that nothing should be done to compromise our rights, or to unsettle the boundaries established under the treaty of Utrecht."Another treaty was negotiated with Great Britain in 1807, between Messrs. Monroe and William Pinckney on one side, and Lords Holland and Auckland on the other. The English were now fully possessed of the fact that we had acquired Louisiana, and become a party to the line of 49 degrees; and they set themselves openly to work to destroy that line. The correspondence of the ministers shows the pertinacity of these attempts; and the instructions of Mr. Adams, in 1818 (when Secretary of State, under Mr. Monroe), to Messrs. Rush and Gallatin, then in London, charged with negotiating a convention on points left unsettled at Ghent, condense the history of the mutual propositions then made. Finally, an article was agreed upon, in which the British succeeded in mutilating the line, and stopping it at the Rocky Mountains. This treaty of 1807 shared the fate of that of 1803, but for a different reason. It was rejected by Mr. Jefferson, without reference to the Senate, because it did not contain an explicit renunciation of the pretension of impressment!"At Ghent the attempt was renewed: the arrest of the line at the Rocky Mountains was agreed upon, but the British coupled with their proposition a demand for the free navigation of the Mississippi, and access to it through the territories of the United States; and this demand occasioned the whole article to be omitted. The Ghent treaty was signed without any stipulation on the subject of the line along the 49th degree, and that point became a principal object of the ministers charged with completing at London, in 1818, the subjects unfinished at Ghent in 1814. Thus the British were again foiled; but, true to their design, they persevered and accomplished it in the convention signed at London in 1818. That convention arrested the line at the mountains, and opened the Columbia to the joint occupation of the British; and, being ratified by the United States, it has become binding and obligatory on the country. But it is a point not to be overlooked, or undervalued, in this case, that it was in the year 1818 that this arrestation of the line took place; that up to that period it was in full force in all its extent, and, consequently, in full force to the Pacific Ocean; and a complete bar (leaving out all other barriers) to any British acquisition, by discovery, south of 49 degrees in North America."

"Another treaty was negotiated with Great Britain in 1807, between Messrs. Monroe and William Pinckney on one side, and Lords Holland and Auckland on the other. The English were now fully possessed of the fact that we had acquired Louisiana, and become a party to the line of 49 degrees; and they set themselves openly to work to destroy that line. The correspondence of the ministers shows the pertinacity of these attempts; and the instructions of Mr. Adams, in 1818 (when Secretary of State, under Mr. Monroe), to Messrs. Rush and Gallatin, then in London, charged with negotiating a convention on points left unsettled at Ghent, condense the history of the mutual propositions then made. Finally, an article was agreed upon, in which the British succeeded in mutilating the line, and stopping it at the Rocky Mountains. This treaty of 1807 shared the fate of that of 1803, but for a different reason. It was rejected by Mr. Jefferson, without reference to the Senate, because it did not contain an explicit renunciation of the pretension of impressment!

"At Ghent the attempt was renewed: the arrest of the line at the Rocky Mountains was agreed upon, but the British coupled with their proposition a demand for the free navigation of the Mississippi, and access to it through the territories of the United States; and this demand occasioned the whole article to be omitted. The Ghent treaty was signed without any stipulation on the subject of the line along the 49th degree, and that point became a principal object of the ministers charged with completing at London, in 1818, the subjects unfinished at Ghent in 1814. Thus the British were again foiled; but, true to their design, they persevered and accomplished it in the convention signed at London in 1818. That convention arrested the line at the mountains, and opened the Columbia to the joint occupation of the British; and, being ratified by the United States, it has become binding and obligatory on the country. But it is a point not to be overlooked, or undervalued, in this case, that it was in the year 1818 that this arrestation of the line took place; that up to that period it was in full force in all its extent, and, consequently, in full force to the Pacific Ocean; and a complete bar (leaving out all other barriers) to any British acquisition, by discovery, south of 49 degrees in North America."

The President in his message had said that "informal conferences" had taken place between Mr. Webster and Lord Ashburton on the subject of the Columbia, but he had not communicated them. Mr. Benton obtained a call of the Senate for them: the President answeredit was incompatible with the public interest to make them public. That was a strange answer, seeing that all claims by either party, and all negotiations on the subjects between them, whether concluded or not, and whether successful or not should be communicated.

"The President, in his message recommending the peace treaty, informs us that the Columbia was the subject of "informal conferences" between the negotiators of that treaty; but that it could not then be included among the subjects of formal negotiation. This was an ominous annunciation, and should have opened the eyes of the President to a great danger. If the peace mission, which came here to settle every thing, and which had so much to gain in the Maine boundary and the African alliance;—if this mission could not agree with us about the Columbia, what mission ever can? To an inquiry from the Senate to know the nature and extent of these "informal conferences" between Mr. Webster and Lord Ashburton, and to learn the reason why the Columbia question could not have been included among the subjects of formal negotiation—to these inquiries, the President answers, that it is incompatible with the public interest to communicate these things. This is a strange answer, and most unexpected. We have no political secrets in our country, neither among ourselves nor with foreigners. On this subject of the Columbia, especially, we have no secrets. Every thing in relation to it has been published. All the conferences heretofore have been made public. The protocols, the minutes, the conversations, on both sides, have all been published. The British have published their claim, such as it is: we have published ours. The public documents are full of them, and there can be nothing in the question itself to require secrecy. The negotiator, and not the subject, may require secrecy. Propositions may have been made, and listened to, which no previous administration would tolerate, and which it may be deemed prudent to conceal until it has taken the form of a stipulation, and the cry of war can be raised to ravish its ratification from us. All previous administrations, while claiming the whole valley of the Columbia, have refused to admit a particle of British claimsouthof 49 degrees. Mr. Adams, under Mr. Monroe, peremptorily refused to submit any such claim even to arbitration. The Maine boundary, settled by the treaty of 1783, had been submitted to arbitration; but this boundary of 49 was refused. And now, if, after all this, any proposition has been made by our government to give up the north bank of the river, I, for one, shall not fail to brand such a proposition with the name of treason."

This paragraph was not without point, and even inuendo. The north bank of the Columbia with equal rights of navigation in the river, and to the harbor at its mouth, had been the object of the British from the time that the fur-trader, and explorer, Sir Alexander McKenzie, had shown that there was no river and harbor suitable to commerce and settlement north of that stream. They had openly proposed it in negotiations: they had even gone so far as to tell our commissioners of 1818, that no treaty of boundaries could be made unless that river became the line, and its waters and the harbor at the mouth made common to both nations—a declaration which should have utterly forbid the idea of a joint occupation, as such occupation was admitting an equality of title and laying a foundation for a division of the territory. This cherished idea of dividing by the river had pervaded every British negotiation since 1818. It was no secret: the British begged it: we refused it. Lord Ashburton, there is reason to know, brought out the same proposition. In his first diplomatic note he stated that he came prepared to settle all the questions of difference between the two countries; and this affair of the Columbia was too large, and of too long standing, and of too much previous negotiation to have been overlooked. It was not overlooked. The President says that there were conferences about it, qualified as informal: which is evidence there would have been formal negotiation if the informal had promised success. The informal did not so promise; and the reason was, that the two senators from Missouri being sounded on the subject of a conventional divisional line, repulsed the suggestion with an earnestness which put an end to it; and this knowledge of a proposition for a conventional line induced the indignant language which those two senators used on the subject in all their speeches. If they had yielded, the valley of the Columbia would have been divided; for that is the way the whole Ashburton treaty was made. Senators were sounded by the American negotiator, each on the point which lay nearest to him; and whatever they agreed to was put into the treaty. Thus the cases of the liberated slaves at Nassau and Bermuda were given up—the leading southern senators agreeing to it beforehand, and voting for the treaty afterwards. The writer of this View had this fact from Mr. Bagby, who refused to go with them, and voted against the ratification of thetreaty.

"This pretension to the Columbia is an encroachment upon our rights and possession. It is a continuation of the encroachments which Great Britain systematically practises upon us. Diplomacy and audacity carry her through, and gain her position after position upon our borders. It is in vain that the treaty of 1783 gave us a safe military frontier. We have been losing it ever since the late war, and are still losing it. The commission under the treaty of Ghent took from us the islands of Grand Menan, Campo Bello, and Indian Island, on the coast of Maine, and which command the bays of Fundy and Passamaquoddy. Those islands belonged to us by the treaty of peace, and by the laws of God and nature; for they are on our coast, and within wading distance of it. Can we not wade to these islands? [Looking at senatorWilliams, who answered, 'We can wade to one of them.'] Yes, wade to it! And yet the British worked them out of us; and now can wade to us, and command our land, as well as our water. By these acquisitions, and those of the late treaty, the Bay of Fundy will become a great naval station to overawe and scourge our whole coast, from Maine to Florida. Under the same commission of the Ghent treaty, she got from us the island of Boisblanc, in the mouth of the Detroit River, and which commands that river and the entrance into Lake Erie. It was ours under the treaty of 1783; it was taken from us by diplomacy. And now an American ship must pass between the mouths of two sets of British batteries—one on Boisblanc; the other directly opposite, at Malden; and the two batteries within three or four hundred yards of each other. Am I right as to the distance? [Looking at SenatorWoodbridge, who answered, 'The distance is three hundred yards.'] Then comes the late treaty, which takes from us (for I will say nothing of what the award gave up beyond the St. John) the mountain frontier, 3,000 feet in height, 150 miles long, approaching Quebec and the St. Lawrence, and, in the language of Mr. Featherstonhaugh, 'commanding all their communications, and commanding and overawing Quebec itself.' This we have given up; and, in doing so, have given up our military advantages in that quarter, and placed them in the hands of Great Britain, to be used against ourselves in future wars. The boundary between the Lake Superior and the Lake of the Woods has been altered by the late treaty, and subjected us to another encroachment, and to the loss of a military advantage, which Great Britain gains. To say nothing about Pigeon River as being or not being the 'long lake' of the treaty of 1783; to say nothing of that, there are yet two routes commencing in that stream—one bearing far to the south, and forming the large island called 'Hunter's.' By the old boundary the line went the northern route; by the new, it goes to the south; giving to the British a large scope of our territory (which is of no great value), but giving them, also, the exclusive possession of the old route, the best route, and the one commanding the Indians, which is of great importance. The encroachment now attempted upon the Columbia, is but a continuation of this system of encroachments which is kept up against us, and which, until 1818, labored even to get the navigation of the Mississippi, by laboring to make the line from the Lake of the Woods reach its head spring. If Great Britain had succeeded in getting this line to touch the Mississippi, she was then to claim the navigation of the river, under the law of nations, contrary to her doctrine in the case of the people of Maine and the river St. John. The line of the 49th parallel of north latitude is another instance of her encroaching policy; it has been mutilated by the persevering efforts of British diplomacy; and the breaking of that line was immediately followed by the most daring of all her encroachments—that of the Columbia River."

The strength of the bill was tested by a motion to strike out the land-donation clause, which failed by a vote of 24 to 22. The bill was then passed by the same vote—the yeas and nays being:

"Yeas.—Messrs. Allen, Benton, Buchanan, Clayton, Fulton, Henderson, King, Linn, McRoberts, Mangum, Merrick, Phelps, Sevier, Smith of Connecticut, Smith of Indiana, Sturgeon, Tappan, Walker, White, Wilcox, Williams, Woodbury, Wright, Young.""Nays.—Messrs. Archer, Bagby, Barrow, Bates, Bayard, Berrien, Calhoun, Choate, Conrad, Crafts, Dayton, Evans, Graham, Huntington, McDuffie, Miller, Porter, Rives, Simmons, Sprague, Tallmadge, Woodbridge."

"Nays.—Messrs. Archer, Bagby, Barrow, Bates, Bayard, Berrien, Calhoun, Choate, Conrad, Crafts, Dayton, Evans, Graham, Huntington, McDuffie, Miller, Porter, Rives, Simmons, Sprague, Tallmadge, Woodbridge."

The bill went to the House, where it remained unacted upon during the session; but the effect intended by it was fully produced. The vote of the Senate was sufficient encouragement to the enterprising people of the West. Emigration increased. An American settlement grew up at the mouth of the Columbia. Conventional agreements among themselves answered the purpose of laws. A colony was planted—had planted itself—and did not intend to retire from its position—and did not. It remained and grew; and that colony of self-impulsion, without the aid of government, and in spite of all its blunders, saved the Territory of Oregon to the United States: one of the many events which show how little the wisdom of government has to do with great events which fix the fate ofcountries.

Connected with this emigration, and auxiliary to it, was the first expedition of Lieutenant Frémont to the Rocky Mountains, and undertaken and completed in the summer of 1842—upon its outside view the conception of the government, but in fact conceived without its knowledge, and executed upon solicited orders, of which the design was unknown. Lieutenant Frémont was a young officer, appointed in the topographical corps from the class of citizens by President Jackson upon the recommendation of Mr. Poinsett, Secretary at War. He did not enter the army through the gate of West Point, and was considered an intrusive officer by the graduates of that institution. Having, before his appointment, assisted for two years the learned astronomer, Mr. Nicollet, in his great survey of the country between the Missouri and Mississippi, his mind was trained to such labor; and instead of hunting comfortable berths about the towns and villages, he solicited employment in the vast regions beyond the Mississippi. Col. Abert, the chief of the corps, gave him an order to go to the frontier beyond the Mississippi. That order did not come up to his views. After receiving it he carried it back, and got it altered, and the Rocky Mountains inserted as an object of his exploration, and the South Pass in those mountains named as a particular point to be examined, and its position fixed by him. It was through this Pass that the Oregon emigration crossed the mountains, and the exploration of Lieutenant Frémont had the double effect of fixing an important point in the line of the emigrants' travel, and giving them encouragement from the apparent interest which the government took in their enterprise. At the same time the government, that is, the executive administration, knew nothing about it. The design was conceived by the young lieutenant: the order for its execution was obtained, upon solicitation, from his immediate chief—importing, of course, to be done by his order, but an order which had its conception elsewhere.

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