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its use and exercise.

Colonization in North America-Mr. Douglas.

Equivocal terms in treaties are easily understood where the stipulations are between a strong Power on the one hand, and a feeble one upon the other. The stronger enforces its own construction, and the weaker has no alternative but reluctant acquiescence. In this case neither party may be willing to recognize the potential right of the other to prescribe and enforce a construction of the equivocal terms which shall enable it to appropriate to itself all the advantages in question. It would seem that our own Government have not ventured to insist upon a rigid enforcement of the provisions of the treaty in relation to the British protectorate over the Mosquito coast, in the sense in which it was explained and understood when submitted to the Senate for ratification. Has the British protectorate disappeared from Central America? I am not referring to the matters in controversy between certain Senators who supported the treaty and Mr. Clayton, in respect to the Balize settlement. I allude to the Mosquito coast, which, by name and in terms, is expressly made subject to the provisions of the treaty. Has the British protectorate disappeared from that part of Central America? Have the British authorities retired from the port of San Juan, and thereby recognized the right of American citizens and vessels to arrive and depart free of hindrance and molestation? Is it not well known that the protectorate is continued and maintained with increased vigor and boldness? Is not the British consul at San Juan now actively engaged in disposing of the soil, conveying town lots and lands, and exercising the highest functions of sovereignty under, the pretext of protecting the rights of the Mosquito King? These things are being done openly and without disguise, and are well known to the world. Can any Senator inform me whether this Government has taken the slightest notice of these transactions? Has our Government entered its protest against these infractions of the treaty, or demanded a specific compliance with our understanding of its terms? How long are we to wait for Great Britain to abandon her occupancy and withdraw her machinery of Government? Nearly three years have elapsed since we were boastingly told that by the provisions of the Clayton and Bulwer treaty, Great Britain was expelled from Central America. Shall we wait patiently until our silence shall be construed into acquiescence in her right to remain and maintain her possession?

But there was another insuperable objection to the Clayton and Bulwer treaty, which increases, enlarges, and extends the force of all the obnoxious provisions I have pointed out. I allude to the article in which it is provided that--

"The Governments of the United States and Great Britain, having not only desired to accomplish a particular object, BUT ALSO TO ESTABLISH A GENERAL PRINCIPLE, THEY HEREBY AGREE TO EXTEND THEIR PROTECTION, BY TREATY STIPULATIONS, TO ANY OTHER PRACTICABLE COMMUNICATIONS, whether by canal or railway, across the Isthmus which connects North and South America, and especially to the interoceanic communications, should the same prove to be practicable, whether by canal or railway, which are now proposed to be established by the way of TEHUANTEPEC OR PANAMA.",

The "particular object "which the parties had in view, being thus accomplished-the Hise treaty defeated, the exclusive privilege to the United States surrendered and abandoned, and the European partnership established-yet they were not satisfied. They were not content to "accomplish a particular object," but desired to "ESTABLISH A GENERAL PRINCIPLE!" That which, by the terms of the treaty, was particular and local to the five States of Central America, is, in this article, extended to Mexico on the north, and to New Gra-|| nada on the south, and declared to be a general principle, by which any and all other practicable routes of communication across the Isthmus between North and South America, are to be governed and protected by the allied Powers. New and additional treaty stipulations are to be entered into for this purpose, and the network which had been prepared and spread over all Central America, is to be extended far enough into Mexico and New Granada to cover all the lines of communication, whether by railway or canal, and especially to include Tehuantepec and Panama. When it is remembered that the treaty in terms establishes an alliance between the United States and Great Britain, and engages to invite all other Powers, with

which either is on terms of friendly intercourse, to become parties to its provisions, it will be seen that this article seeks to make the principles of the Clayton and Bulwer treaty the law of nations in respect to American affairs. The general principle is established; the right of European Powers to intervene in the affairs of American States is recognized; the propriety of the exercise of that right is acknowledged; and the extent to which the allied Powers shall carry their protection, and the limits within which they shall confine their operations, are subject to treaty stipulations in the fu

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any aggression upon Mexico. I do not desir at this time, to annex any portion of her territor to this Union; nor am I prepared to say that the time will ever come, in my day, when I would willing to sanction such a proposition. But wi can say, that, amid the general wreck and moralization in Mexico, a state of things may arise in which a just regard for our own right safety, and for the sake of humanity and civi tion, may render it imperative for us to do a which was done in the case of Texas, and there'r change the boundary between the two Republ without the free consent of the General Gove When the American continent shall have passed ment of Mexico, lawfully given in conformity wi under the protectorate of the allied Powers, and her Constitution? Recent events in Sonora, Caher future made dependent upon treaty stipula- huahua, and Tamaulipas do not establish the va tions for carrying into effect the objects of the al-dom and propriety of that line of policy wi liance, Europe will no longer have cause for seri-ties our hands in advance, and deprives the Gor ous apprehensions at the rapid growth, expansion, and development of our Federal Union. She will then console herself, that limits have been set and barriers erected beyond which the territories of this Republic can never extend, nor its principles prevail. In confirmation of this view, she will find additional cause for congratulation when she || looks into the treaty of peace with Mexico, and there sees the sacred honor of this Republic irrevocably pledged that we will never, in all coming time, annex any more Mexican territory in the mode in which Texas was acquired. The fifth article contains the following extraordinary provision:

"The boundary line established by this article shall be religiously respected by each of the two Republics, and no change shall ever be made therein, except by the express and free consent of both nations lawfully given by the General Government of each, in conformity with its own Constitution.”

ernment of the right, in the future, of doing whe ever duty and honor may require, when the nece sity for action may arrive.

Mr. President, one of the resolutions under on sideration makes a declaration in relation to the Island of Cuba which requires a passing not It is in the following words:

"That while the United States disclaim any designs wy the Island of Cuba, inconsistent with the laws of nationa with their duties to Spain, they consider it due to thems importance of the subject, to make known, in this seg manner, that they should view all efforts on the partoft other Power to procure possession, whether pracvakje forcibly, of that island, which as a naval or military p tion, must, under circumstances easy to be foreseen, is come dangerous to their southern coast, to the Gulf of B ico, and to the mouth of the Mississippi, as unfriendly an directed against them, to be resisted by all the means ja te power."

That we would resist any attempt to tra the Island of Cuba to any European Power, with or without the consent of Spain, there a trust, no question in the mind of any America

our own country. That the United States de meditate any designs upon the island inconsiste with the laws of nations, and with their duuer Spain, has been demonstrated to the world in manner that forbids the necessity for a dischar of unworthy and perfidious purposes on our par The resolutions convey, beneath this disclaime the implication that our character is subject suspicion upon that point. Shall we let the sumption go abroad that a disclaimer of a dishonesty and perfidy and infamy has be necessary upon our part? Sir, is there any in the history of our relations with foreign naties, or in respect to Cuba, that should subject country to such injurious imputations? Whe has our Government failed to perform its wh duty as a neutral Power in respect to Cuba Tr only complaint has been, that in its great anner to preserve in good faith its neutral relations. I has permitted treaty stipulations with Spain pe viding for the protection of our citizens w wantonly and flagrantly violated. No susp that this Government has been wanting in every and fidelity in the enforcement of our laws been entertained in any quarter. It was the ef cessive energy and severity with which the de was performed that has provoked the disapprote tion of some portion of the American people.

One would naturally suppose, that for all the ordinary purposes of a treaty of peace, the first clause of the paragraph would have been entirely suffi-and the fact is as well known to Europe asta cient. It declares that "the boundary line established by this article shall be religiously respected by each of the two Republics." Why depart from the usual course of proceeding in such cases, and add, that "no change shall ever be made therein, except by the express and free consent of both nations, LAWFULLY given by the GENERAL Government of each, in conformity with its own CONSTITUTION?" What is the meaning of this peculiar phraseology? The history of Texas furnishes the key by which the hidden meaning can be unlocked. The Sabine was once the boundary between the Republics of the United States and Mexico. By the revolt of Texas, and the establishment of her independence, and the acknowledgment thereof by the great Powers of the world, and her annexation to the United States, the boundary between the two Republics was "changed" from the Sabine to the Rio Grande, without "the express and free consent of both nations, lawfully given by the General Government of each, in conformity with its own Constitution." Mexico regarded that change a just cause of war, and accordingly invaded Texas with a view to the recovery of the lost territory. A protracted war ensued, in which thousands of lives were lost, and millions of money expended, when peace is concluded upon the express conditions that the treaty should contain an open and frank avowal that the United States has been wrong in the causes of the war, by the pledge of her honor never to repeat the act which led to hostilities.

Wherever you turn your eye, whether to your own record, to the statute-books, to the history of this country or of Mexico, or to the diplomatic history of the world, this humiliating and degrading acknowledgment stares you in the face, as a monument of your own creation, to the dishonor of our common country. Well do I remember the determined and protracted efforts of the minority to expunge this odious clause from the treaty before its ratification, and how, on the 4th of March, 1848, we were voted down by forty-two to eleven. The stain which that clause fastened upon the history of our country was not the only objection which I urged to its retention in the treaty. It violated a great principle of public policy in relation to this continent. It pledges the faith of this Republic, that our successors shall not do that which duty to the interests and honor of the country, in the progress of events, may compel them to do. I do not meditate, or look with favor upon

Sir, what right has Great Britain to call up the United States, as she did in a late application to enter into a negotiation to guaranty Cube Spain? Such a step might have been neces on the part of England in order to satisfy Sp that she has abandoned the policy which for ter turies has marked her colonial history with p der and rapine. Why does not England ârst re store to Spain the Island of Jamaica, by the se and possession of which she is enabled to offe look Cuba, while it gives her the command of entrance of the proposed Nicaragua canal? does she not restore to oid Spain Gibraltar, w from proximity and geographical position rally belongs to her, and is essential to her safety Why does she not restore the colonial possess which she has stretched all over the world, co manding every important military and naval sti tion, both upon land and water? Why does not restore them to their original owners, fro whom she obtained them by fraud and violen Why does she not do these things before she c upon us to enter into stipulations that we will not rob Spain of the Island of Cuba?

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Colonization in North America-Messrs. Douglas and Cass.

The whole system of European colonization rests upon seizure, violence, and fraud. European Powers hold nearly all their colonies by the one or the other of these tenures. They can show no other evidence, no other muniment of title. What is there in the history of the United States that requires us to make any such disclaimer? We have never acquired one inch of territory, except by honest purchase, and full payment of the consideration. We have never seized any Spanish or other European colony. We have never invaded the rights of other nations. We do not hold in our hand the results of rapine, violence, war, and fraud, for centuries, and then prate about honesty, and propose to honest people to enter into guarantees that they will not rob their neighbors.

Fortunately the history of our country subjects her to no such imputation, and relieves us from the necessity of making disclaimers which carry with them the implication of an equivocal reputation. England, France, and the other European Powers are at liberty to judge for themselves whether any such necessity exists in their case. I have not much faith in these gratuitous protestations of honesty and disinterestedness. They are generally made for the purpose of concealing a dark design while preparations are maturing for its execution! I recollect that pending the Clayton and Bulwer treaty before the Senate, a rumor was set afloat that England meditated the extension of her dominion or protection over Costa Rica, or some other portion of Central America. Sir Henry Bulwer deemed the time opportune and the rumor a sufficientexcuse for addressing to our Department of State an official letter, disclaiming, in the name and by the authority of the British Government, any such design, and saying:

"I am also desired to add, that it would be contrary to the fixed and settled policy of Great Britain to entangle herself by any engagement to protect distant States over whose policy and conduct it would be impossible for the British Government to exercise any effective control. Such a protectorate would confer no possible advantage on Great Britain, and might become the source of many embarrassments to her."

Mr. Clayton was so much delighted with this frank disclaimer, that he promptly replied:

"I take pleasure in expressing the satisfaction with which this Government has received this friendly assurance froin that of her Britannic Majesty, and more especially as it cannot fail to strengthen the bonds of amity now existing

between our respective countries."

General Taylor deemed the matter of sufficient importance to communicate the evidence of this "friendly assurance" to the Senate in a special message. Well, the treaty was ratified, and in less than three years Great Britain seizes the Bay Islands and erects them into a colony, in the face of this friendly assurance," and in direct violation of the provisions of the treaty!

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to denounce and stigmatize a certain class of politicians, by attributing to them unworthy and disreputable purposes, under the cognomen of "Young America." It is their amiable custom, I believe, when they come to individualize,to point to me as the one most worthy to bear the appellation. I have never either assumed or disclaimed it. 1 have never before alluded to it, and should not on the present occasion, had it not been introduced into the discussions of the Senate in such a manner as to leave the impression that I evaded it if I failed to notice it. I am aware that the Senator, who the other day directed so large a portion of his speech against the supposed doctrines of "YOUNG AMERICA," had no reference to myself in that part of his speech, and that the only allusion he made to me was kind and complimentary. So far as I am concerned, and those who harmonize with me in sentiment and action, the votes to which I have referred, and the reasons I have given in support of them, constitute the only profession of faith I deem it necessary to make on this subject. I am willing to compare votes and acts, principles and professions, with any Senator who chooses to assail me. I yield to none in strict observance of the laws of nations and treaty stipulations. I may not have been willing blindly or recklessly to pledge the faith of the Republic for all time, on points where, in the nature of things, it was not reasonable to suppose that the pledge could be preserved. I may have deemed it wise and prudent to hold the control of our own action, and leave our successors free, according to their own sense of duty under the circumstances which may then exist.

Now, sir, a few words with regard to the Island of Cuba. If any man desires my opinions upon that question, he can learn them very easily. They have been proclaimed frequently for the last nine years, and still remain unchanged. I have often said, and now repeat, that so long as the Island of Cuba is content to remain loyal to the Crown of Spain, be it so. I have no desire, no wish to disturb that relation. I have always said, and now repeat, that whenever the people of the Island of Cuba shall show themselves worthy of freedom by asserting and maintaining their independence, and establishing republican institutions, my heart, my sympathies, my prayers are with them for the accomplishment of the object. I have often said, and now repeat, that when that independence shall have been established, if it shall be necessary to their interest or safety to apply as Texas did for annexation, I shall be ready to do by them as we did by Texas, and receive them into the Union. I have said, and now repeat, that whenever Spain shall come to the conclusion that she cannot much longer maintain her dominion over the island, and that it is better for her to transfer it to us upon fair and reasonable terms, I am one of those who would be ready to accept the transfer. I have said, and now repeat, that whenever Spain shall refuse to make such transfer to us, and shall make it to England, or any other European Power, I would be among those who would be in favor of taking possession of the Island, and resisting such transfer at all hazards.

I confess I have not formed a very high appreciation of the value of these disclaimers of all intention of committing crimes against our neighbors. I do not think I should deem my house any more secure in the night in consequence of the thief having pledged his honor not to steal my property! If I am surrounded by honest men there is no necessity for the "friendly assurance," and if by rogues, it would not relieve my apprehensions or afford much security to my Thus far I have often gone; thus far I now go. rights. I am unwilling, therefore, to make any These are my individual opinions, not of much disclaimer as to our purposes upon Cuba, or to consequence, I admit, but any one who desires to give any pledge in respect to existing rights upon know them, is welcome to them. But it is one this continent. The nations of Europe have no thing for me to entertain these individual sentiright to call upon us for a disclaimer of the one, ments, and it is another and very different thing or for a pledge to protect the other. It is true, to pledge forever and unalterably the policy of British newspapers are in the habit of calumnia- this Government in a particular channel, in defiting the people of the United States, as a set of ance of any change in the circumstances that may marauders upon the territorial rights of our neigh-hereafter take place. I do not deem it necessary bors. It is also true, that for party purposes, to affirm by a resolution, in the name of the Resome portion of the press of this country is in the public, every opinion that I may entertain, and habit of attributing such sentiments to some of be willing to act upon as the representative of a our public men; but it is not true, so far as I local constituency. I am not, therefore, prepared know, that any one man in either House of Conthat it is wise policy to make any declaragress does entertain, or has ever entertained or tion upon the subject of the Island of Cuba. Ciravowed a sentiment that justifies such an impu- cumstances not within our control, and originating tation. I am unwilling, therefore, to countenance in causes beyond our reach, may precipitate a the vile slander, by voting for a resolution which state of things that would change our action, and by implication contains so base an insinuation. reverse our whole line of policy. Cuba, in the exPerhaps I may as well speak plainly. I feel that isting position of affairs, does not present a practhere may be a lurking insinuation in these two tical issue. All that we may say or do is merely clauses, having a little bearing towards an indi- speculative, and dependent upon contingencies vidual of about my proportions. It is the voca- that may never happen. So it is, in a great meastion of some partisan presses and personal organs, ure, with the discussion that has occupied so much

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of the time of the Senate in relation to the British settlement at the Balize. Although Great Britain has no other title than a mere permit to cut logwood, it is undeniable that she was in possession of the country before the United States become an independent Power, and has maintained the undisturbed possession ever since. Our Government has recognized it as a British colony in various ways, and it is so designated in our public documents. If the object be to provoke a difficulty with England, regardless of the merits of the quarrel, I am inclined to think that it can be accomplished as easily and readily by a notice to quit the Balize as to abandon Canada. But if the object be to establish and maintain a cherished principle of public policy in opposition to European colonization in America, the new British colony recently established at the islands in the bay of Honduras presents that distinct, naked issue, in a form which places us clearly in the right. Now is the time for action. Here is a practical issue presented which should not be evaded by vague generalities and equivocal resolves, which will be understood to mean one thing on this side of the Atlantic, and quite a different thing in Europe. Whatever action we take should be direct, unequivocal, and against the Bay Island colony by name. I am not certain as to the best mode of proceeding; but I am inclined to the opinion that the Executive should take the initiative, and make a courteous, but firm and manly protest against the infraction of the Clayton and Bulwer treaty, as well as the violation of our known policy in relation to European colonization, by the creation of this new British colony, together with the distinct and unequivocal declaration, that in no event or contingency can the United States acquiesce in the continuance of the Bay Island colony. If Great Britain yields to the protest, and discontinues the colony, our rights and honor will be vindicated, and a sufficient notice will be given to the world of our determination to enforce the principle hereafter. If, on the contrary, Great Britain should insist in maintaining the colony in contempt of our protest, it would become the duty of the President to communicate the result to Congress, with the recommendation for the adoption of such measures as should be necessary to enable him to vindicate our violated rights. I am not particular, however, as to the form of the proceeding. My great desire is to meet the question fairly, and assume whatever responsibility the consequences may involve, and not beat a disgraceful retreat under shelter of terrible threats in the event the offense is repeated. If we act with becoming discretion and firmness, I have no apprehension that the enforcement of our rights will lead to hostilities; Great Britain will not be willing to engage in a contest of arms with us when she is so clearly in the wrong. She has given bond and security to keep the peace towards the United States, and she well knows that the condition of a forfeiture is the loss of her colonies, and her expulsion forever from the American continent. Firmness, and prompt unequivocal action on our part, is the only sure mode of preserving peace. Let the Bay Island colony be discontinued, and let us free ourselves from entangling alliances by the annulment of the Clayton and Bulwer treaty, and the United States will assume the position we are entitled to among the nations of the earth.

Mr. President, I will trespass on the kindness of the Senate no longer. I have deemed it due to myself and the occasion to make this exposition of my views. I have availed myself of the earliest opportunity afforded by the removal of the injunction of secrecy, to explain my reasons for opposing the ratification of the Clayton and Bulwer treaty. I have contented myself with vindicating my own course without assailing any one, or calling in question the conduct of others. I return my thanks to the Senate for the kindness and courtesy extended to me on this occasion.

Mr. CASS. Mr. President, the honorable Senator from Illinois [Mr. DOUGLAS] has indulged in some pretty hard criticisms upon the terms of my resolution, and I desire to show him and the Sen ate, as I trust I can in a few moments, that they are rather hypercriticisms, not at all warranted by the tenor of the resolution. The honorable Senator commences by saying that the terms of this resolution relinquish the past and the present, and

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refer only to the future, because they save "existing rights." Does the honorable Senator mean to violate existing rights?

Mr. DOUGLAS. I have answered emphatically, no,

Mr. CASS. Then why not say it in the resolution? It saves "existing rights," not existing wrongs. It is in the very words of Mr. Polk, used more than twenty years after Mr. Monroe proclaimed the doctrine. Yet, Mr. Polk very properly in his message, saved existing rights, not existing wrongs. But he did not thereby mean to sanction any violation of this principle, which had previously occurred.

If, therefore, the British Government has established a colony in any part of the continent in direct contravention of this resolution and of the Monroe doctrine, it is an existing wrong and not an existing right, and it cannot shelter itself under any construction of this resolution. It secures to the British nothing more than their rights; and that is just what it purports to do.

And what such rights are, the American people must judge, upon that responsibility which they owe to the world and to history, when they come to make a practical application of the principle, and are required to decide whether a colonial establishment is a right to be tolerated, or a wrong to be redressed. And this duty is one which always devolves upon nations in their intercourse with other Powers of the earth.

Now, then, if Great Britain has taken possession of the Bay Islands, and established a colony there, which she had no right to establish, her existing rights there are not affected, for she has none. Her wrongs make no rights. The whole subject is fully open for redress. Mr. Monroe very properly, Mr. Polk very properly, and this resolution, with equal propriety, in order to prevent any charge of an unjust spirit of aggrandizement on our part, by the nations of Europe, have said, "We do not interfere with your existing rights, whatever they may be; of the extent of these we must judge when the occasion arises; but we disclaim any intention to interfere with your own colonies—to hold them, to settle them, to maintain them, just as you please-these are existing rights which we do not touch; but if you have done us wrong by establishing and holding colonies where you have no rights, then we intend to apply our American principle and dislodge you from positions unjustly taken."

I repeat Mr. Polk's language, that the existing rights of every European nation should be respected. Twenty-five years before his declaration the doctrine had been proclaimed by Mr. Monroe; but no man then contended, and Mr. Polk never dreamed, that this provision had a retrospective effect, and protected wrong running back through a period of a quarter of a century. The idea never entered his mind.

The Senator supposes, if I understand his construction, that such a resolution as this would wipe out all preceding acts. Why, sir, until you can convert a wrong into a right, it wipes out nothing at all. It leaves us just as free to pursue the course towards them which our honor and our interests demand, as though we passed no resolutions at all.

The principle is right, and I do not understand, though I must confess I do not clearly comprehend him, that the Senator from Illinois contests it. I mean the principle of maintaining that we, as a principal Power upon this continent, have a right to say that European influence shall not be extended here. I do not understand him to deny it at all. You lay down a principle, and when you come to apply it, you judge of existing rights; you judge of the condition of the colonies of the European Powers upon this continent; and, acting as becomes an upright nation, if they have colonies they have a fair right to hold, you ought not to interfere with them.

But if one of them has established the colony of Bay of Islands in the very face of our rights, and in the very face of existing treaties, that is not a claim which is saved by this resolution, but is an unjust pretension, which we are authorized to remove and correct. To be sure, as I have already said, in judging such cases we act upon our responsibility, and we ought so to act as to be absolved from the charge of aggression and injustice.

Colonization in North America-Mr. Cass.

Now, Mr. President, the Senator from Illinois says there is no use in laying down the principle, for it will be violated. Mr. Monroe thought it of some use, and actually laid it down. Mr. Polk thought it of use, and also laid it down. Mr. Jefferson, in a letter which I have already read to the Senate, announced his adhesion to the doctrine, and thought it very important it should be solemnly proclaimed by a public national act. Where has been our error in our course upon this grave subject? Precisely the one now sought to be remedied by this resolution. In 1823, when the doctrine was first promulged here, resolutions were introduced in the House of Representatives by Mr. Clay and Mr. Poinsett, affirming the doctrine, in order to give it an authoritative influence through the world. But it was not done. The matter slept. Mr. Polk sought the same object. An honorable Senator from Ohio [Mr. ALLEN] also felt the necessity of Congressional action, and introduced a resolution similar to the present one. But all these efforts were in vain. The efficient prop to support the building was wanting. Mr. Jefferson says expressly, in a letter which I have before me, that inasmuch as the declaration might lead to war, it was proper that it should be laid before Congress for its sanction; but it was not done. The doctrine, as sound a one as any nation ever proclaimed, almost passed into oblivion. And now, in this new condition of the world, when God alone knows from day to day what convulsion is about to break out in Europe, and the effect it will have upon us, and upon the other American States, it is proposed to put the doctrine in an authoritative form; and what right has the honorable Senator to say that if this be done we shall suffer it to be violated?

The honorable Senator says the doctrine was violated in the case of Oregon. I say it was not, and I say that the honorable Senator is under a total misconception of the effect of the treaty relating to Oregon. By that treaty England extended her boundaries beyond what he and I thought she had a just claim to do. We believed she had no just title by four and a half degrees to the boundary she obtained; but the American Government said, your colony does come down to the fortyninth degree of north latitude. That being the case, there was no Monroe doctrine in the question. The fault was not in the application of the doctrine, but it was in allowing Great Britain to have a larger colony than she had a right to. But the moment we conceded that the line of the British possessions came down to the forty-ninth degree of north latitude, that moment we conceded that the Monroe doctrine had no application to it; for we thereby conceded that the country was a British colony, and of course her existing rights secured to Great Britain the just power to deal with such colony as she pleased. It was a question of colonial government, and not of Monroe doctrine. The Senator is therefore under a total misapprehension with regard to the matter; and if we had said that the British line came down to San Francisco, there would have been no question for the application of the Monroe doctrine, as that would have been estopped by the establishing of a boundary between us and her colony on the Pacific coast.

With respect to the Bay Islands, the other question to which the honorable Senator has referred, what have we given up there? Nothing. We never heard even a rumor of it till within a few weeks; and the moment I heard of it, I introduced a resolution into the Senate, with a view to ascertain from the Executive what were the true facts of the case. And the resolution now before us, instead of conceding anything in favor of this colony of the Bay Islands, was introduced before we had any answer from the Executive, or any knowledge but a vague report of the British Government. Subsequent events have come to enlighten us. Who, then, has a right to say that there has been any delay or neglect in this matter, or that these resolutions concede anything to Eng land? Have we said that the Monroe doctrine shall not apply, but that Great Britain has a right to hold this colony, in the very face of her own stipulation? No American citizen or legislator ought to say we have done anything by which we acquiesce in the conduct of Great Britain in reference to the colonization of the Bay Islands. I

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trust the Executive Government-but upon tha without book, as I know nothing-have taken : proper course, and made the necessary investigs tions and remonstrance. At any rate, this brai of the Legislature, as a depository of much of powers of the American people, has but recentiv been made acquainted with the facts, and a ra lution on the subject has been reported by s Committee on Foreign Relations within the ar week. Therefore, I say that no man has a rig to assert that we have conceded any princitle c the Monroe doctrine in relation to the Bay Isara

not.

Then how is it with respect to the other tw cases mentioned by the Senator-the treaty wn Mexico, and the Clayton Bulwer treaty? Th Mexican treaty terminated a glorious war wit great many advantages to our country. It is se necessary to go over the circumstances of the form ation and ratification of the treaty. We gare much and conceded but little. The Clayton 2N Bulwer treaty was concluded twenty-five ven after the Monroe doctrine had been promulgat but not enforced. Attempts had more than my been made to procure the sanction of Congress this doctrine, in order to give it its proper eder But they had failed, and it is possible the ta same fate may for a while await the present er That doctrine had remained a dead letter me your national archives. Then there came a pre osition from England to agree that we shouÁ Y interfere in that part of the continent, if they wo It was the best thing we could do. could not get a Congressional sanction of the Meroe doctrine; and the honorable Senator at the day is not willing to join in giving it. I rest. what had we to do under those circumstance Why, it was manifestly our policy to agree no England to keep hands off. Therefore it wasz I voted for the ratification of the Clayton-B treaty. I agree that the subsequent condus d England has been perfectly unjustifiable, and the who voted against the treaty had good ground i their position, if they suspected her of bad fa as the subsequent facts have shown. But inse of that treaty being an abandonment of the M roe doctrine, its very object was to carry the doctrine into effect, by preventing the future: terference of an European power in the abs this continent. That this object has failed of tainment by the bad faith of England, and by pretension to circumscribe Central America, by its true boundaries, but by those assumed ir yourself, is no charge against those who voted in the treaty.

The honorable Senator objects that this re tion declares that in any ultimate contingency may arise, we will do what our interests and boar require. Now allow me to say to the honorati gentleman, that in the intercourse between t tions, where solemn declarations like these are there are two modes of proceeding; one is an tsolute declaration to the nations of the world, or. such of them as are interested in the matter, such a certain act is done injurious to the Fos protesting, it shall be followed by war. Ano is, by a declaration that such Power reserves itself the right to act under the circumstances 882: occasion may require. The latter is the deci tion of this resolution in regard to coloniz the former is the declaration of the one in rere to Cuba. By it we pledge ourselves to intervent by war if any other Power should attempt to gat possession of Cuba.

But with regard to colonization, we leave it t our successors to act as circumstances may quire. There is nothing more common in the history of national intercourse, nothing more com mon when grave exigencies arise, when everi seem to announce political convulsions, in con quence of unreasonable and unjust pretensies. seriously effecting the honor or interest of a tion, than for such nation publicly to proclaim is policy, and the course of action it intends to pur sue if the pretension is pushed to action. Arc would say to the honorable gentleman, as I sait ! before, that there is no Power in the world what will entirely disregard the declaration of the pea of the United States upon a point respecting their interests and honor. Nor is it merely throwe away words to declare what that course will be Such a declaration made in the name of the Amer can people by their authorized servants is not i

32D CONG.... 1st SESS.

Colonization in North America-Messrs. Cass and Douglas.

ain display, but it is a solemn annunciation of heir purpose, and as such will be believed and eard by the Powers of the world, and it does not ecome an American Senator to diminish the inluence of such a proceeding by any doubts as to he course of other countries, or as to his own. The Senator recommends a course that contralicts his own doctrine. He is for a protest-by whom? By the President. Thirty years have gone by since Mr. Monroe proclaimed his docrine. He protested, Mr. Polk protested, and it s to avoid the failure which attends an Executive protest that I introduced this resolution. I wish o put upon record the solemn protest of the Amercan people by a public act of their Government. want this to go before the world authoritatively, As the declaration of the sentiments and purposes of the American people. Suppose the honorable gentleman's recommendation should be adopted, and the President should protest; it is well known o Europe that our Executive has no power to declare war; no power, in truth, to enforce his own act. That power is lodged exclusively in the wo Houses of Congress, and unless they assert the principle, the nations of Europe may continue to disregard our presidential declarations; for they well know that he who makes them cannot give them effect. Are you going to protest without reference to what is to follow? Your protest, in such a conjuncture, to be effectual, must be followed by some indication of the course you intend to pursue in the event of its being disregarded; at any rate, some declaration of your determination to meet the contingency with firmness and decision. The Senator says he is for giving no pledges; yet he is for protesting on the part of the Executive in relation to the colonization of the Bay Islands, and he intimates rather than states his willingness to support it by Congressional action. Such a protest, if it carries with it no pledge of action or resistance, is a mere waste of words unworthy of the American people. The only value of such a national declaration consists in the determination of the people making it to enforce it, and in the conviction of other nations that it is a pledge that will be redeemed, whatever may be the consequences. The honorable Senator says this is an awful threat. Well, sir, his protest, if it is anything but waste paper, is another awful threat.|| There is no view which you can take of a general protest, which is not equally applicable to a special one. The history of the world is filled with such examples and declarations. If the honorable Senator is in favor of the principle, what objection can he have to proclaiming it, and making it efficient at once by Congressional declaration? What obection can there be to its receiving our sanction without first passing through the Executive Department? Congress, if I understand the gentleman, and I am not sure I do, is to act after the President has acted, and acted in vain. The difTerence between us is, that I choose to go at once o the great depository of the power of the Amercan people for that indication of national action which may be necessary.

ity of the American people heartily join in this
déclaration that we do not intend unjustly to seize
the Island of Cuba.

I did not exactly understand an allusion of the
Senator, but I thought he intimated that this reso-
lution was aimed at him. I can assure the honor-
able gentleman that I never thought of him while
preparing the resolution. My mind was turned
to a very different quar er, to the honor and in-
terest of my country. I had not the remotest al-
lusion to him in drawing up the resolution; and I
repeat, that my mind was upon a vastly more im-
portant subject, and I say that without meaning
any disrespect to him. I assure him I had no
reference to "Young America," or Old America.
Such a thought never entered my head. As to the
attacks, of which he spoke, against himself, as
the impersonation of "Young America," I have
nothing to say, as I have had nothing to do with
them. I take it that "Young America" and Old
America have been pretty well abused; and I have
had a pretty good share of one, as the Senator
thinks he has had of the other. I do not believe
it has done either of us much harm, nor do I think
it is worthy of the slightest notice. I have no
doubt but that Old America, or, in other words,
Old Fogyism, will continue to be abused, and
Young America, as it passes on in the journey of
life, must expect to become Old America itself, and
share in the abuse which that respectable condition
is sure to bring with it.

Mr. DOUGLAS. In reference to the last remarks of the Senator from Michigan, I will do him the justice to say, that I do not suppose he intended the peculiar phraseology of that resolution to convey any injurious insinuation against myself or any other Senator; but he must be aware that efforts have been made to give it such a construction here and elsewhere.

Mr. CASS. Does the honorable Senator allude
to me?

Mr. DOUGLAS. Certainly not. The Sena-
tor from Michigan has informed us that allusions
to Old America and Young America are not fit to
be made in the Senate. Perhaps he is right in
this respect, but he will bear in mind that I have
never alluded to Old America, or uttered the word
in the Senate. He has been in the almost daily
habit for the last year of assuming to himself the
cognomen of Old Fogy, and seems to rejoice in the
appellation. He has not unfrequently made pointed
remarks about Young Fogies and Young America;||
but has failed, up to this day, to provoke a re-
sponse from me, or to induce me to permit the
word to pass my lips. The Senator also had an
opportunity the other day to rebuke his friend
from Alabama, [Mr. CLEMENS,] when he devoted
a great portion of his speech to denunciations of
what he was was pleased to call Young America
and its principles. The venerable Senator from
Michigan will therefore pardon me for having been
guilty of the indiscretion, in a single instance, of
having followed his almost daily example.

SENATE.

day to this? Does he propose an inquiry into the rightful authority by which Great Britain and all other European nations hold their colonies in America? If so, he is several steps in advance of Young America, and his resolution carves out more work than the public generally suppose from reading the Senator's speeches in its support. Under this interpretation who will be authorized to say what existing rights are protected and what colony is condemned by the resolution? Its vague uncertainty will assuredly deprive it of all efficacy. No matter what construction the Senator may put upon it, I am sure England and all Europe will understand it as recognizing their right to hold all existing colonies, and a proclamation of our purpose never to allow any new European colony to be planted in America; that it is a full act of forgiveness and oblivion as to the past, and a solemn warning as to the future.

But the Senator insists that his resolution will have, and ought to have, a retrospective effect. If so, let him so amend his resolution as to make it declare distinctly that all European colonies established in America since Mr. Monroe's memorable declaration, and in violation of it, together with all which shall hereafter be established, are to be resisted by this Government at all hazards. Is he prepared to do that?

Mr. CASS. Perfectly.

Mr. DOUGLAS. Then I understand that the honorable Senator is willing to say in his resolution: "Resolved, That all colonies which have been established upon the American continent by Great Britain, or any other European Power, since 1823, in violation of the Monroe declaration, and all that may be hereafter established, are to be deemed hostile to our interests and safety, and to be resisted by the full power, if necessary, of this Government."

Mr. CASS. I will vote for it to-day. Mr. DOUGLAS. Why did he not make his purpose apparent on the face of his resolution?

Mr. CASS. Certainly; that is my idea; that is my construction. It is plain talk, and I like it. Mr. DOUGLAS. That is plain talk. Then, let us see where we are according to the explanations that have been made. Does the Balize come within this restriction, and is Great Britain to be required to draw in her boundaries to what they were in 1823?

Mr. CASS. She must draw it in just so far as she has extended it illegally, or in contravention of our rights.

Mr. DOUGLAS. The seizure of the Bay Islands is to be disavowed, and those islands are to be restored?

Mr. CASS.

Precisely.

Mr. DOUGLAS. The seizure of the town of San Juan, at the mouth of the San Juan river, on the 8th of February, 1848, is at once to be disavowed, and it is to be restored to Nicaragua ? Mr. CASS. Certainly.

Mr. DOUGLAS. The British protectorate over the Mosquito coast is to be abandoned, and

Mr. CASS. The honorable Senator will allow
me to say one word. If from this time the hon-treated as if it had not existed?

ca, I will allow myself to be called the Old Fogy,
and I shall have no objection to his using the term
as much as he pleases.

Mr. DOUGLAS. The penalty is too great for
the privilege conferred. Although he has shown
every disposition to call himself an Old Fogy, it is
not agreeable to my tastes to call him by the one
name or to assume the other to myself.

A few words now with respect to Cuba. I re-orable gentleman will call himself Young Ameripeat, and the Senate all know as well as I do, that he condition of Europe and the world is most exraordinary, and from day to day, from hour to our indeed, no man can tell what is to happen. t is therefore necessary for all nations to be prepared. It is the very time when nations should nake known to foreign Powers the policy they nean to pursue in certain probable contingencies; and why? That other nations, knowing the deermination, may be induced to refrain from deigns they might otherwise pursue. It is one hance the more of averting serious consequences. The honorable Senator maintains that the terms f this resolution, disclaiming any designs against Cuba, convey an impression that there are such esigns. That is certainly a far-fetched concluion. Why not make such a disclaimer, if we mean ?The Senator says it is disclaiming what there no just cause for imputing. We say, or rather e intimate in the resolution, that Cuba would be ceptable to us, but we disclaim before the world, hat we have repeatedly been charged with, the esign of taking forcible and unjust possession of

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But enough of this. The Senator says I-have put a wrong construction upon his resolution, that it only respects existing rights, and therefore by implication condemns all existing wrongs. Under this interpretation it is difficult to perceive of a European colony in America which would be protected by it. What one of them is rightfully held, according to our ideas of political justice? Does the Senator propose to dispossess Great Britain of Jamaica because she holds it by the_title of Cromwell's seizure, who, according to English doctrine, had no rightful authority to wield the power of that kingdom? Does he propose to give England notice to abandon the Balize settlement, because she holds it by no other authority than a mere permit to cut logwood, of an older date than our Declaration of Independence, and an undisturbed possession from that

Mr. CASS. It is abandoned by the treaty. Mr. DOUGLAS. I do not think it has yet been abandoned. I shall wait patiently for the Senator to bring forward his modified resolution in such terms as to embrace all the objects to which I have referred, for I looked in vain through his speeches for something to show that he ever dreamed of carrying his resolution back to the past.

Mr. CASS. I never thought of anything to the contrary.

Mr. DOUGLAS. I do not longer doubt it. I think the Senator and myself will soon get on ground where we will understand each other's meaning better. I see clearly that the debate will do good, for the explanations which have been so frankly made will enlighten Senators as to the real objects and purposes the Senator from Michigan has in view. Instead of taking it unkindly, || he ought to feel grateful to me for calling out this explanation.

Mr. CASS. I am much obliged to you.

Mr. DOUGLAS. Passing from this point, the Senator from Michigan has stated that I am opposed to declaring the Monroe doctrine, and then proceeded to show my inconsistency by proving that I was in favor of it.

32D CONG.....2D SESS.

Mr. CASS. I beg pardon. The honorable Senator will allow me to say, that I stated his objection was to Congress declaring it, but still he wished the President to carry it out.

Mr. DOUGLAS. I did not object to Congress declaring it.

Mr. CASS. Then I misunderstood the honorable Senator.

Mr. DOUGLAS. I stated that the seizure of the Bay Islands, and their erection into a colony, was in direct violation of the Monroe doctrine, as well as an infraction of the Clayton and Bulwer treaty; that these islands presented the distinct issue under circumstances which place our country clearly in the right; that I desired to make the issue on that point, and have all our proceedings meet that issue fairly and directly. I objected to the Senator's resolution, because, according to my construction of its terms, it would be understood as acquiescing in the existing state of things; or, in other words, that it was an abandonment of the doctrine as to all practical questions to which it may now be applied. I expressed the opinion that it was the duty of the President to make a courteous but firm and manly protest against the establishment of that colony, together with the statement that the United States could never submit to such a violation of the treaty in contempt of our cherished policy, and that in the event that England should persist, the President should communicate the facts to Congress, and that we should clothe him with the power, and furnish him with the means for vindicating our rights and redressing our wrongs. 1 intimated the opinion that perhaps it was better for the Executive to take the initiative, as that is the only branch of the Government through which we can communicate with foreign nations, but in respect to the mode of proceeding, I expressed my willingness to conform my action to the views of the Senate. The main point I made was, that having a distinct issue before us, on which we were clearly right, we should meet it fairly, and assume whatever responsibilities the vindication of our rights might involve, and not evade it under cover of vague generalities and equivocal resolutions about "henceforth" and "future" colonies.

Passing from this point, I must remind the Senate that the Senator from Michigan did not undertake to show that I was not right in saying that every article, provision, and line of the Clayton and Bulwer treaty was predicated on a virtual and practical negation and repudiation of the Monroe doctrine. He prudently passes over in silence the Clayton and Bulwer treaty, which is of recent origin, and the terms of which are being daily and flagrantly violated, and attempts to show that I was mistaken in relation to the Oregon treaty, about which no practical question can at present possibly arise. I admire the prudence which dietated this course, and will proceed to show that I was not mistaken in respect to the Oregon treaty. Prior to its date there was no British colony in America, west of the Rocky Mountains. The Hudson's Bay Company's charter confined them to the country drained by the waters flowing into the bay. Neither Canada nor any other colony extended west of the Rocky Mountains. The title to that country was held in abeyance by the treaty of non-occupancy, which prohibited both parties from colonizing it. We terminated that treaty and formed a new one, which established the parallel of 490 as the boundary. By this treaty Great .Britain consented that we might erect Territories and States south of that boundary, and the United States consented that Great Britain might establish new colonies north of that line, and in a portion of the continent where they did not exist before.

Colonization in North America-Mr. Badger.

platform, struggling side by side in a common

cause.

Mr. BADGER. Mr. President, I rise for the purpose of doing a simple act of justice to this resolution. I rise for the purpose of saying a word in its defense, from what I think was an extremely undeserved and illiberal criticism which the Senator from Illinois has bestowed upon it. Sir, I have taken no part, and I design to take no part, in the discussion which is going on in the Chamber between our very harmonious friends on the other side of it; but I am a friend of justice; I am an advocate for protecting the old from the assaults of the young. I dislike especially to see injustice measured out by "Young America" to an "Old Fogy," professing myself to belong in some respects to that category.

SENATE.

will signify to her from "henceforth" you direct and manage your conduct with a pr respect to the restrictions we have laid upon

Do you not see, sir, that if the Senator Illinois could strike out the word "henceforth and I will vote against any such striking!! do protest against it-it would deprive the res tion of all practical bearing and useful opent I should be obliged to go against the resolute you strike out "henceforth." It is possible. go for it with the word "henceforth" in; then, you see, we will have this beautiful tacle presented to the world.

The Senator from Illinois has said, with an ingenuity which belongs to him, but with a disre-haps, the claimant distrusted his power to eniy gard to justice and fairness which I have seldom seen him exhibit, that this resolution is liable to exception, because it is altogether future in its operation-because it leaves all past transactions undisposed of, and dates itself from the present time by the emphatic word " henceforth." Why, sir, the honorable Senator ought to have known, and from the expression upon his countenance, 1 believe he did know, but concealed his knowledge, that that word "henceforth" comprises the very virtue, and excellence, and particular spirit and matter of the resolution. Do you not see how the thing operates? The Monroe doctrine is to be reaffirmed. How, sir? From "henceforth." [Laughter.] Let by-gones be by-gones; we do not touch anything that is past; but, sir, "henceforth" we put forth the Monroe doctrine as the law which we dictate to the Powers of the world.

Mr. Monroe put it forth some years ago with exactly the same qualification upon it of "henceforth." Now, sir, if the honorable Senator is the advocate of the Monroe doctrine, permit me to inquire of him how he can strike out the word or the sense "henceforth?" [Laughter.]

Mr. DOUGLAS. 1 give it up.

We lawyers used to hear, in old times, b what was called "continual claim." Whe fellow was in possession of a tract of and t which another man set up a title which he w not exactly disposed to give up, and when. upon him that he should give it up, he we I believe that is the way of it, for I do not tend to be very well learned in my recollect these old things; I have not heard anythinge them for thirty years and going upon the or as close to it as his adversary would aller put in the claim to that land, and did berry further. But when another year had rolled ro.... he went and put in another claim, and the th called making a continual claim. This the purpose of keeping alive his rights in t premises. Now, do you not see, sir, that this mirable process is accomplished by the repro tion of the Monroe doctrine once in every fifteen, or twenty years, with the word "he forth," which the Senator from Illinois is w vidious and unjust as to desire to strike out, that by this we keep ourselves exactly in that pe tion? We let European innovations, if you res to call them so, or colonizations, or something other, go on quietly upon this continent, whey accompany them not with a "continual can but a continual notification, protest, and exe sion of deep concern. That is what we do.

A few words as to the Monroe doctrine, wi the Senator from Illinois says he is prepared a z for and support at all hazards. I am not exact inclined to say that I agree with him. I have r to learn that Mr. Monroe was anything morets a President of the United States. Mr. May was not what Louis XIV. or Napoleon clainet themselves with regard to France-the State was not the embodiment or representative of t whole powers of the American people; he wa the nation. I know of no authority that he h by any declaration of his, to bind us and our terity to maintain a particular course of p forever, or for any length of time. I will the Monroe doctrine just so far as I thin right. I do not say that I will not go for it

Mr. BADGER. Mr. Monroe did not undertake to interfere with any past transactions in his day. He only said "henceforth" we lay down the line beyond which you shall not go. Now, the Senator from Michigan, instead of being liable to reproach, has shown himself to be a true and loyal subject of Mr. Monroe's doctrine, for he takes it up from "henceforth." All that has happened in the intervening time between Mr. Monroe's promulgation of this doctrine and the present hour is, as to our proceedings, what had happened up to the time when Mr. Monroe promulgated his doctrine in the times then past-it all belongs to by-gones, which a generous and liberalminded nation never seeks to disturb. Now do you not see, Mr. President, how ad-gether; but if I do, it will not be because mirably we are following out the course laid down and the policy of the Monroe doctrine from "henceforth?" Very well, sir; suppose we pass the resolution. We do not interfere with any settlements that the British have made in the Bay Islands, or the Bay of Islands, or whatever name this strange and out-of-the-way place may bear; we do not interfere with the Balize; we do not interfere with Jamaica; we interfere with nothing that is past, but we say, beware "henceforth.” [Laughter.] Well, sir, nineteen or twenty years hence, if this Government holds together so long, as I trust it will for many a successive period of twenty years, a presidential election will be coming on, or just be over, and we can then reproduce the Monroe doctrine with the same identical word "henceforth," touching nothing that has taken place in the twenty years which will have elapsed between now and that time. Thus we see how admirably it works.

But I will not weary the Senate by discussing points of no practical value. I have great respect All of us understand that these resolutions are for the opinions of the honorable Senator from not intended to operate exteriorly to the GovernMichigan. I know his familiarity with our for- ment of the United States; they are not intended eign relations, and shall be glad to follow his lead to affect foreign Powers, but they are for home in wiping out all treaty stipulations which have operation and home consumption. [Laughter.] been erected as barriers to the prevalence of the Then do you not see how admirably we work the doctrine we both desire to see carried into effect. problem out? Let Great Britain come on; let her Let him so modify his resolution as to provide for make colonies; let her extend her dominions on the discontinuance of the Bay Island colony and this continent, and from time to time we will nothe Clayton and Bulwer treaty, as the first and estify her not that she shall discontinue what she sential step towards the establishment of the Mon- has done; not that she shall forego or give up anyroe doctrine, and we will stand upon a common || thing that she has acquired but ever and anon we

Monroe doctrine, but because, upon an exem tion of it, I believe it right, proper, expedient, beneficial to the nation to go for it. Why, this monstrous? We have had lately super duced upon the Constitution of the United Sa the Virginia resolutions of 1798. I thought was going far enough; but those were resolet adopted by the Virginia Legislature-by the cient Dominion-patronized and promoted by Jefferson, the father of Democracy. But she say now that we are to have another appen put to the Constitution, in the shape of a f mental amendment, upon the authority of Monroe, a President of the United States, and we are not at liberty to debate, to consider, tot amine, to decide for ourselves, how far it is to follow out that resolution? I shall take the erty, whenever the question comes up, of decad for myself upon that point, not considering my as bound by any bonds or links, either of iron of brass.

of the

But I am sorry to have been diverted to th matter of the Monroe doctrine. I rose mere the purpose of interposing against what I thou was a very unfair proceeding on the part Senator from Illinois, and of insisting that the en word in the resolution- which should make it pecially palatable and practically useful and ve able now and for all time to come, was that re word in two syllables which he wishes to st out, to wit, the word "henceforth." [Laughter Mr. HOUSTON. I move to postpone

the fur

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