The quarterly of the Oregon Historical Society, Vol. 1, No. 3, September, 1900Oregon Historical Society
History
The quarterly of the Oregon Historical Society, Vol. 1, No. 3, September, 1900
Oregon Historical Society
Oregon -- History -- Periodicals
In 1821, however, three years after the convention of joint occupation,
a movement was begun in the Congress of the United States toward an
occupation of the territory in dispute, of a very different character,
which, if it had actually been adopted as a measure enjoined upon the
executive, and once been attempted to be carried out, would have met
from Great Britain a very different response. In the house of
representatives, December 10, 1821, on motion of Mr. Floyd, of Virginia,
a committee was appointed to inquire into the expediency of occupying
the Columbia River and the country adjacent thereto; and the committee
had leave to report by bill or otherwise. Later in the same session this
committee reported a bill providing for the occupation of the mouth of
the Columbia. The occupation contemplated by this bill was to be, first
of all, military occupation, or, as one of the advocates of the bill
wished to make it by amendment, “an occupation by military force only,
with some encouragement to settlers.” The view of the territorial rights
of the United States in that region on which the bill was based was
briefly and clearly put by another of its advocates: “The bill under
consideration does not attempt a colonial settlement. The territory
proposed to be occupied is already a part of the United States.” The
convention of joint occupation of 1818 left the question of sovereignty
of the entire territory westward of the Rocky Mountains in abeyance. All
occupation, therefore, of any part of this territory, to be lawful under
this convention, must be of such a nature as to leave the question of
sovereignty to be settled by agreement of the powers participant in the
convention. Whatever rights either of the two parties to the convention
had, or conceived that it had, by the act of entering into the
convention it agreed, so long as the convention was in force, neither to
assert sovereignty, nor to do any act in the territory covered by the
convention that could be justly construed as an act of sovereignty. What
acts the two powers might lawfully do under the convention were not
clear at first, but it is difficult at this day to understand how anyone
who looked carefully into the question could have failed to see that the
acts contemplated in this first bill providing for occupation were not
such as could lawfully be done under the convention. The same may be
said of all the measures proposed in congress in regard to the
occupation of the territory during the earlier period of the convention.
There were men in congress who saw the unlawful character of each
measure as it was proposed, and opposed it on this ground. Others joined
these actively, on the ground that the Oregon Territory, if settled,
because of its distance and the barriers which separated it from the
United States, never could become a part of the union. To these were
added enough who based their opposition on other grounds to defeat every
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