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■^il->Mi-«iir...— ..-«.-.^.>,v...,.^.».^.^.^..^.-....,, .,-■...._, .^^.^j 
 
 (/ 
 
 NORTH-WEST AMERICAN WATER ROUNDER Y 
 
 SECOND AND DEFINITm^ 
 
 STATEMENT 
 
 ON BEHALF OF THE 
 
 GOVERNMENT OF HER BRITANNIC MAJESTY, 
 
 SUBMITTED TO 
 
 HIS MAJESTY THE EMPEROR OF GERMANY 
 
 UNDER THE TREATY OF WASHINGTON OF 
 MAY 8, 1871. 
 
 U^?- 
 
 IT?^"^ 
 
ir Jj 
 
 li' 
 
 
 i 
 
 
 [oyrL-.^ ^^ 
 
 '--1 
 
........JMIHI 
 
 CONTENTS. 
 
 Second mid Definitive StatiMnciit on beholf cC the Govcinnienl i.f Hir Uritannic MrijoKty 
 
 r«ge 
 1 
 
 Historical Note (1818 to 1840) 
 
 C'hionologienl List of Secrelniies of Stntr. kc. 
 
 Memorandum relotivc to Uiul-on's liny (Aimivmy 
 
 Apiicndix 
 
 . . xxxiu 
 
 Xo. 1.— Kxtract shewing views of Kail of Aberdeen and Sir lliclmrd Pukenliam 
 
 Nil. '2.— Correspondence between Mr. Bancroft and Mr. Uticlianan. 
 
 Ko. .'(.—Letters of Mr. Craniptou shewing Mr. Buchanan's opinions. 
 
 Xo. 4.— Conversation and correspondence between Mr. Bancroft and Viscuunt I'ahnerston, 
 
 Nil. 5.— Proposed Amendment of Article U of Treaty. 
 
f 
 
 1 r\ 
 
 1| K 
 
 ^H 
 
 ■llfl ll 
 
 Ifl 1 
 
 If 
 
 w 
 
 IWjIV 
 
 Hr 
 
■laiiiiMi 
 
 NORTHWEST AMERICAN WATER imUNDARY. 
 
 Second and Definitive Statisment on beliaU of ilie (iovernniont of 
 
 Her Britainiic .\injesty. 
 
 1. THE Government of Ilcr Britannic Jrnjosty, in pursimnco of Article XXXVI of 
 the Treaty of Washington of 1871, have drawn up ami now lay before His Majesty the 
 Emperor of Germany, as Arbitrator, this their second and definitive Statement, in reply to 
 the Memorial or Case presented in tlie name of the United States' Government by 
 Mr. Bancroft. 
 
 2. The matter of Mr. Ikncroft's :Meniorial (as far as it is of an argumentative 
 character) may, for the purposes of the examination to which Her Majesty's Government 
 propose here to subject it, be ranged in the following divisions : — 
 
 I. Mr. Bancroft assumes that at tlie date of the Treaty of 1840 the United States 
 had a clear title to the whole Oregon district, up to the 49th parallel of latitude at least ; 
 represents the arrangement embodied in the Treaty as a pure concession on the part of 
 the United States ; and contends that the concession should consequently be confined 
 within the narrowest limits, 
 
 II. He maintains that the object of the arrangement embodied in tlic Treaty was to 
 secure to Her Majesty the whole of Vancouver's Island, and no more, 
 
 III. He adduces what he considers evidence to show that the construction now 
 contended for by the United States was the admitted construction at the time of the 
 making of the Treaty. 
 
 IV. He represents the Treaty as specially the work of Her Majesty's Government, 
 and seems to suggest that they are consequently precluded from maintaining any 
 construction of the Treaty not admitted by the other side. 
 
 V. He maintains that the language of the Treaty admits no interpretation but the 
 American, and that it points to the Canal de Haro, and to that channel alone. 
 
 Slater 
 
 [320j 
 
 B 
 
 4 
 
Il 
 
 Sill" .1,111. 3. An examination of tlio arj^unieiits on these points, to be iiitclligiblo, must be 
 
 nccomimnieil by an biHtorical expi..- 'Hon of the circunistances attendant on tlio Trciilv 
 For that purpose many dofumcnts must be set out at length. It is, therefore, more 
 eoiivenient to present the explanation in the form of a seimratc paper. It is aceoidingiy 
 sul)j(iincd to this Statement as an llistorienl >'o.e; and Her Majesty's (Jovernment lieg 
 that tlie Note, witli the otlier papers nppeiuh .i to this Statement, may be taken as part 
 thereof. 
 
 •i. The Note shews the relative positions cf the principal actors in the matter of the 
 Treaty, in London, the Karl of .\berdeen, Her Majesty's Pi ineipal Secretary of State for 
 Foreign .Ml'airs. and Mr. MiU'I.ane, the Ihiiled States' Minister PleMipntentiiiry ; nt 
 AVashington, Mr. Pakenham, Her Majesty's Minister IMenipulentiiiry, niid Mr. Hucl.aniui. 
 the United States' Secretary of State.* It is de.signed to bring out the facts which will U 
 seen in the course of this Statement to be of cardinal importance, namely, — that the 
 Treaty was formally negotiated at ^^'ilshington between ^^r, Pakenham and Mr. JUiehanan ; 
 that it was on two distinct occasions discu>sed and approved by the Senate of the United 
 States, in their capacity, under the Constitution, of a c.i-ordinate branch of the treaty- 
 making power ; that the project or draft of the Treaty was prepared in London by Lord 
 Aberdeen, and sent to Mr. Pakenham, aa embodying the propo.sal which Mr, Pakenham 
 was instructed to make to the Government of tlie United States; that this project was, 
 as regards the words now in discussion, identical with the 'i'reaty as signed and ratified : 
 and that, although Mr. MacLane was not formally empowered to conduct negotiations in 
 the matter on behalf of his Government, yet Lord Aberdeen discussed with him the 
 nature of the proposal which Her ilaje.sty's Government contemplated making to the 
 United States, and even bhewed him the project of the Treaty before it was sent to 
 Mr. Pakenham. t 
 
 I. 
 
 i>. Mr. Bancroft's assumption ihat the United States were clearly entitled to the 
 whole Oregon district up to the lOth parallel is not warranted by the facts of the case. 
 Territorial rights in the whole district were claimed by both parties with equal persistency 
 and their respective contentions were supported l)y arguments drawn from like sources, 
 such as the history of discovery and the terms of international engagements. In the 
 OiKciul documents on botii sides the alternative of war was shadowed forth. In the end 
 there was a compromise; each party yielded a j^ortion of what it had contended in 
 argument was its right. 
 
 G. When, on one occasion in the course of this long controversy between the two 
 Governments, Mr. Cass, the United States' Secretary of State, had put forward an 
 assumption like this of Mr. Bancroft, Lord John Uussell, then Her Majesty's Principal 
 Secretary of State for Foreign AH'airs, said : — } 
 
 " IJiidoubtodly, tho title by wliidi Great lirilain now holds liritish Coluiiihia and Vancouver's 
 Island is the same as tliat by wliiuli tlio IJiiilud Statis jKissess the Uivgciii Stutc and WusliingtoD 
 
 • I'ur tlie coiiveiiioiii.1! ut' the .Arbiiraior, ilieie arc iipjeiidi'd to thu llistcrical Note (1) a Chronologic il I.i^l, 
 slicwinjf tlic names an , dales iif iipiioimimut of liii' Viinous I'liiicipal Seireiaries of Slate for l''oii'i)in AfTaira iu 
 Cirvat lirituin and liriti..|i .Mihi..it>'i8 at V\ ashii gior, and of tliu various I'lesidents and Seen tarics of State of the 
 United States and United Statis' .Miuistira at London, fioui Ibl8 to 1872; and (<!) a Moinoianiluin relative to the 
 origin and privdeges ot the liudsou's liav Coiniianv, a L'oi|ioraiiou Ireiineiillj named in this di»cus.-ion. 
 
 •♦ llistoiiral Note, ]). XX. 
 
 I L')Tii John llutsell to Lord Ljons, Ueceinher IG, IboU ; read, an 1 copy given, to United Stales' Secretary of 
 State. 
 
 ! 4i 
 
ibii', must be 
 n till' Trciity 
 lort'forc, more 
 is act'()iilinj,'lv 
 vevnment ln'g 
 tiikt'u as part 
 
 matter of the 
 y of State for 
 )(eiitiiiry ; at 
 fr. |{ucl;aiiiui, 
 > wliidi will lit' 
 Dly,— that Ilk' 
 Ir. JUu'lianan ; 
 L.f the Unitnl 
 )f the treatv- 
 kIoh by Lord 
 Ir. Pakenliaiii 
 is ijioject was, 
 and ratitied ; 
 egotiations in 
 with liim the 
 laliing to the 
 it was sent to 
 
 ntitlcd to the 
 of tlie case. 
 
 il persistency 
 like sources, 
 
 'nts. In the 
 In the end 
 
 contended in 
 
 ween the two 
 
 forward an 
 
 ys Principal 
 
 id Vancouver's 
 id WusliingtoD 
 
 ronoloyical I.isl, 
 ur('i(>ii /VfTuirs lu 
 of Stute of the 
 111 relative to the 
 >^>un. 
 
 les' Secretary of 
 
 Territory, nmnely, Iho Treaty of 1840; Imt when (Irncrnl fuss ns.x.'rls, ilmt iMwimisly to ilmt Trciity 
 the lill.i <if Ihd I'liili'd .'^tiil.'s Id (li,; nvIk.Ic nf the tcnilnry lietweiMi llu' piinillrls tl' ulid fi-l" -lo' had 
 bCL'ii clear ami iiiKiiiislii.imlilc, llcr .Majesty's (iineriiiiienl am only reply lliiit, in tlieji- oiijiii,,n, it wns 
 the title of (Ireul llritiiiii tu lluit territory wliieh was clear and iiidisputiilile." 
 
 It is plain that when this was written Her Majesty's Government iiad not adopted 
 the notion that in lb 40 the concession had been all on the side of the United States; nor 
 have they ever changed their position. 
 
 7. Mr. Bancroft further assumes that the United States had, before the Treaty, the 
 49th parallel as an admitted boundary line on the Coiitinent. Such an admission had 
 never been made by Her Majesty's Government. That boundary would not (it is plain) 
 have been ctmceded on tlie Continent without a concurrent arrangement .satisfactory to 
 Uer Majesty's Government respecting Vancouver's island and the navigation of the 
 adjacent waters. 
 
 8. The pas.sage in Mr. Bancroft's Memorial in which his assumptions under this head 
 are most strongly put is the following (page 30) :— 
 
 " A<;ain, 'where n rij^ht .ailmits of difTerent degrees, it i-i only the smallest decpree which may be 
 taken fnr granted ' (' Isteiu Iteelit versehiedener .Vlistn('unj,'eii I'iihiL;, so darl' ziiiiiiehst nur die p'vingste 
 Stut'e ids zii,i;e.slandeii iin,i,'enoinnien werden ';. 'J'liis rule of llell'ler Ills llie luvsent case so nptly, that it 
 seems made for il. There Iteini; dei,'i'i'es iu the deparluro IVuiu the parallel uf 4'J", it must be taken that 
 ouly the smallest decree was eoiieeded." 
 
 The rule cited from Dr. Heffter's work docs not toucii the present case. This is not 
 the case of a party making a concessiim in dorogatiim of a clear and .admitted right. It 
 is the case of one concession set off against another ; of a give-and-take arrangement.* 
 
 9. The preamble of the Treaty is express on this point. Tiic two Powers (it says) — 
 
 " Deemiiif,' it desiralile for the future welfare of both countries that the state ofdnubtflnd uneert.iinty 
 which has hitherto jirevailed respecting the sovereignty and government cif the territory on the Xorth- 
 west enast of America, lying westward of the Iiocky or Stony Jbiuntains, slimihl lie finally terminoted 
 by an amicable conipromisi! of the rights inuln.ally asserted by the two parties over the said territory, 
 have res[ieetively named I'lenipotentiaries to treat and agree coueerning the terms of such settlement." 
 
 Statemfiit 
 
 II. 
 
 10. Closely connected in character with the argimicnts of Mr. Bancroft under the 
 first head, and equally inconclusive, as Her Majesty's Government submit, are his 
 arguments under the second. 
 
 11. Mr. Bancroft alleges in effect that the intention of the Contracting Parties was 
 only to avoid cutting ofl" the end of A ancouvcr's Island, and he infers that the line is 
 to be strictly so drawn as to effect this object, and no more. Her Majesty's Government 
 dispute both the allegation and the inference. 
 
 12. There is no cvidonce that the prevention of the severance of Vancouver's Island 
 was the sole object of the arrangement. There is nothing to support the allegation. 
 
 [320] 
 
 • Historical Note, p. viii. 
 
11, 
 
 if 
 
 s,.i. „,o,i. citlKT in the prciinil.lL" of tlio Trenty, or in tlio Article (lcscril)ing tlio boundary ; nor onn it 
 be .sustiiinoil on llic nn.imtl of anytliiii,:; containiMi in any of liio conli'mponuu-ons docu- 
 ments exidianfjed between tlie ('..iitrnctiiii;' i'artio^. It is true tiiat (he seviianec of 
 Vnneouver's Mand by a boundary line iba«n eontinuously on tlie JSdb iiarallel wm 
 tlie salient objeetion raised on llie jHUt of Her Majesty's Covcrnniiiit to tlie I'liiled 
 States' )iroi»o>al for eontinuinj; tlie lioundary on limt iiarallel fnmi tlie l{oeky ISfountaiiis 
 to (he Paeitie. That iini|i(isal disre^anled (he pliyslcal condidons of (he tract tliroUf,'li 
 which the line would run It is true also tlia( a dellection oi' the line M) as not (o 
 Hcvcr Vuneomer's Islaiul was made in (•tlVc( a condition .sine (luii non on the jiart of Her 
 Abiiesly. It may even be adinit(ed (ha( tlie inevcntion of this Beveranco was ihe 
 motive for Article I of (he Trea('-. The na(ure of (be motive is no( necessarily a. 
 measure of the scope of (be sdjiuladon. 
 
 ]:\. U is iilaii\ on the face of the Ar'icle (bat (he (•oii(rae(in<>; Pardes bad further 
 and other aims. If (be sole <dijec( of the stiiiuhUioii bad been to keep Vancouver's 
 Island one, a very simiile provision would have sulliced. 1( would have been enoujjb (o 
 bay: (be whole of Vancouver's Islaml shall hclonji' (o ller Ibid.nuie Majcs(y. The 
 Ardcle in ell'ee( says (bis. Hu( it says more, in (wo resiiee(s. Firs(, it bi effect vests in 
 Her Majesty, as against tbc United States, (he whole terrKorial sovereiKn(y and propcr(y 
 over and in all land and sea adjacent (o (be island, on i(s eas(ern and soudiern sides, 
 lyinj,' within (he mid-channel lire (wherever drawn), al(lioui;b lyini; beyond (be ordinary 
 terri(orin) tbree-mile limit. Secondly, it secures (o ller Majesty's subjects fre- li.Ji of 
 navigation lbrou<>hout (he whole extent of the boundary cbannel and of the Straits of 
 Fuca. These two provisions in combination ellect wha( was plainly one of hoid Aberdeen'.s 
 main objects in (he arran;;emen(, namely, (he preservadon (o ller Majes(y's snbjee(s of 
 unquestionable and abundant facilities of access to (he Hridsb coas(s and harbours north 
 of the llitli parallel. Had (be bnuuihiry line been conlinued on the 'I'.Ub i)arallel (o (he 
 ocean, Ihe navif;a(ion of the (lultof (ieorjjia from (be southward would have been sealed 
 to Biidsb subjects. 
 
 11. The Article speaks for itself. The preservation of the unity of Vancouver's 
 Island was of the essence of the arranffemont, but there were collateral arrangements. 
 The dillei ence now referred to arbitradon presupposes the existence of such arrangements ; 
 the controversy is as to their ex(ent. 
 
 I"). Lord .\bcrdeen's instrucdons to Mr. Pakenhani cannot be read .so as to cut down 
 tbc ellect of the Treaty. They must be intcriireted so as to correspoiul in scope with 
 the project of the Treaty jirepared and sent contemporaneously by Lord Aberdeen. 
 The words quoted by Mr. Bancroft (page 19) from Lord Aberdeen's instructions are : — 
 
 " l.ciiviii;.,' tliu irhi'lc i\f Vdiiiuiin rn Idaml irith it.i jiorla and /nifbuKrn in the jntisrsfiidn of Gnaf 
 llrilti.iii."* 
 
 The form of expression requires li((lc explanation. Lord Aberdeen naturally dwelt 
 on the most ])rominent part of the arrangement which Mr. Pakenham was to propose, 
 namely, the securing the possession to this country of the whole of Vancouver's Island. 
 He referred only to the broad geographical feature. , the mention of which was supposed 
 to be sullicient for the m(it(er under discussion. There is nothing in his wonls to exclude 
 any additional advantage which the terms of the project of the Treaty would give to this 
 country, and more (it is plain) (be project did give. 
 
 * III tills pasange tlie words in italics aru in .Mr. llniicrot'l'a .Miiunrial priuti'il wiili widened spaces between 
 the loiters, the mode of prinlin),' nscd in Gurniaii to sliow imphasis, corresponding to the nsc of italics in the 
 printing of English. Tlio like observation applies to other passages cited in tliis Statement from Mr. Bancroft's 
 Memorial. 
 
 , '1 
 
ry ; nor cnn it 
 
 riiiUMiiis (locu- 
 
 scvi'iunco of 
 
 pnralli'l was 
 
 (lu> lliiiU'd 
 ky ^loiiiitains 
 tnut tlir(iuj,'li 
 so ns not to 
 ' imrt of llcr 
 lu'o was ilic 
 iK'fo.sarily a 
 
 s luul fiirtlior 
 t Vancouver's 
 I'll en()Uj,'h f{i 
 lajesty. Tlie 
 L'll'cct vi'hIs ill 
 niul propertj 
 iillicni .silica, 
 . tiio ordinary 
 Is t'ro' 1. n of 
 tiic Straits of 
 1(1 AIiiTtk'cn'a 
 s suI)jocts of 
 irl)our.s north 
 arallol to the 
 J been sealed 
 
 Vancouver's 
 rrangemcnts. 
 rrangeoients ; 
 
 < to cut down 
 n scope with 
 (1 Aberdeen, 
 ons are : — 
 
 rssim of Gridi 
 
 iturally dwelt 
 i to propose, 
 uver's Isliind. 
 was supi)osc(l 
 ds to exclude 
 
 1 give to this 
 
 1 spaces betttceu 
 of italics ill the 
 n Mr. Uuncroft's 
 
 Irt. Mr. Bancroft further cites (pa;;c 20) a pas.snge from a report of a speecli of 
 Sir Uobert Peel in the House of Commons: — 
 
 "Tliosd wild iriiiciiiliri- (lie IimmI i loriihillnii (if ilmi cniiiilrv will iiihIi'IsImiiiI ihiii llml uhicli wt- 
 
 priipo.'fi'il in llii' ninliiiiiiiliuii III' th,. .|;ii|, |,iinilli| nl lalitiKlc lill jl slrikis llii' Sli-iiilsdl' I iini ; tlmt 
 
 tli:ll |i;llilllil slhiiiM iml lio ( liiiiinl IIM ii liiidinliu V ililuss Villlciiin ct'.s l-liiml, llills (li'lPlivillj; u< 
 
 cif a |iart nf ViniiMiilvcT's IsLllhl, lull llml till' liiiddli' 111' llii' .■liaillirl .slinll l.i' I lie rillMIr li(iuililury, tllU« 
 loiriii'i ii.i ill jiimi-nsion iij' the irliii/c n/ r,iiiaiui-c/:i A/((/ii/, Willi i' [iial I j^lil Id lliu imvii,'iitin!i ,,{ tliu 
 Siruits." 
 
 Il can scarcely be seriously contended that, because Sir Robert Peel, describing in 
 a popular Wiiy the eU'eet of tiie Treaty, spoke of it as leaving us in p(isse>sion of the 
 wliiile of Vancouver's Islanil, this amounts to a declaratimi by him that the ell'ect of the 
 Treiily is to exclude us from any possession other tlian Vancouver's Island, although 
 lying uithin the future boumlary, which ho in the same breath speeilies accurately as the 
 middle of the ei;annel. 
 
 17. In connection with tlic rcferciu r to Sir Robert Peel's speech, Mr. rmncrot't 
 (page 20) says :— 
 
 ".'^ii- liiilicrt I'lM'l (piiitnl fniiii n d :: iftlcli vliicli proved iliiit ]:u wii'i iiv.iiiv nf ilm tliri'ii dnys' 
 debiitc in the Aiiioriraii .Sfnalu mi lln; 'I icaty licfric itsnpin'ovul." 
 
 Here, as in some other parts of Mr. Haneroft's Memorial, it is dillicult to di.scovcr 
 the object of statements made by him. but not put into an argninenlative form. The 
 oliject of this statement would .seeni, from the context, to he to suggest that Sir Robert 
 Peel was at this time cognisant of the particulars of a, speeeh of Mr. Benton, a Senator of 
 the United States, made in the Senate (referred to just before by Mr. I'ancioft and to lie 
 particularly considered hereafter in this Statement). If this is the suggestion meant, 
 there are three answers to it : — 
 
 (i.) The deliberation of the Senate, reported in Mr. Pakenbams despateii, read in 
 part by Sir Piobert Peel, was not the debate in which }[v. Benton's speech was made. 
 The des])ateh relates to the delibi'ration consetpuMit on the prelinuiiiuy Message of the 
 President, asking the advice of the Senate, not to the (leb.ite on the ratiiieation. It was 
 the latter debate in the course of which Mr. Benton's speeeli was made. 
 
 (ii.) Even if Jfr. Benton's speech had been spoken before Jlr. I'akenham's desjiatch, 
 and the fact had been mentioned therein, there would still he ni) force in Mr. Bancroft's 
 suggestion, inasmuch as the debates in the Senate were secret, and the injtiiu'tion of 
 Bccresy was not removed until after the date of the exchange of ratilications in 
 London.* 
 
 (iii.) The despatch of Mr, l*akenham (of which tl ^ part relating to this matter is 
 printed by Mr. Bancroft in the extract from Sir Robert Peel's speech in Apjiendix No. 46 
 to the Memorial) gives no information as to the name of any speaker, or the particulars 
 of any speech, in the Senate. It simply says: — t 
 
 "After a few hours' d(ilil)erati(m on each nf llic lliroe days, Wednoadiiy, 'i'lniv.'^day, and Friday, the 
 Senato, liy a inajurity nl' ;i8 vutus to 12. .'dupti'd yi'stoiday evening a rosoluliou advising tlio President 
 to accept llic! terms proposed by tier Ji;\j> ty's Uovcrumeiit." 
 
 • Ratifications rxclmn ;eii, July 17. llcsoliition of Si'nate removing iiijiiiii'tion of sccresy, August 6. K.arliest 
 publication of Mr. Hciiton's speech known to Iler Majesty's Government, August i.9 (in Niles' Nilional 
 Ilegistcr, a weekly ncwspajier published at Ualtimore). 
 
 t Historiciil Note, p. xix. 
 
 Stnlriiifnl. 
 
it 
 
 Statement. It is clear, tlicroforc, that Sir Robert Peel had not at the time of speaking (if lio 
 
 ever had) any loiowlodge of what was said by Mr. Bontou in tlic Senate. If tliis is not 
 tlie point of Mr. Jtaiicroft's reference to the debate in the Senate, Her Majesty's 
 Government do not know why the reference is made. 
 
 III. 
 
 IS. The third division of Mr. Bancroft's arf,niinents comprises his endeavours to shew 
 tliat there is evidence, contemporaneous witli tbc making of the Treaty, in support of tlie 
 contention of tlie United States. Mr. Bancroft says (page 18) :— 
 
 '■ Willi this kii(i\\kMl;4o (if Mr. MixcLane's diaractcr, mid of the coiifulenro reposi-d in him 1iy Lord 
 Alipnlfi'ii, I rciiiU'st tlio iiiipcriiil Arlnlratdr U< tiilce iti hiuul tlic map of thu Ort-goii Territory hy Wilkes, 
 whicli hntl lu'oii jmlilislu'il in Kii^'liiiid as wi-11 us in America in IHlTi, ami wliieh was the latest, most 
 autlifiitic, r.nil Ih'sI map ><{' tlie teiiitcny, as well as the only one ieeo.i.'iuzed by the American Seiiaff. 
 niid, with this iii;ip ill Imml, to ivail the I'ollowiiig extract from Mr. MacLane's ullicial rejiort of the 
 iiitevview. ma«lc on tlic ISth of May, 1840 ; — 
 
 "'I have iiiiw to sttiti' that iiistruelions will he traiismitteil to Mr I'akeiiham hy the steamer of 
 to-miir-iiw tn Milmiit a new ami fiirtlicr projiositiuii on the part of this Government, for a partition of 
 the territory in cjispute. 
 
 '"The jiropositioii, most prohahly, will offer stihstanlially : 
 
 '■' First. To diviih' the tciritnry hy the extciisimi of the line on the parallel of forty-niuo to the sea, 
 tliat is to sav, to the arm of the sea called liireh'a liny, thence hi/ the Canal de Arro and Straits of 
 Faai tit the oivnii.' 
 
 "Hero follow otlii^r cl.iiise.H. conceiliiiL,' to the Ihulsnn's liay Coinjiany n temporary use of the 
 Ore;_'nii llivcr I'nr luivi'ialinii, witii other ailvanla;,'es. and protecti-.'ii to ]5ritish subjects who wotilJ 
 suddenly come under the Jiirisdictioii of the I'liited States. To these clauses the iihrasc 'most prohnhly' 
 applies, for tlie V wi-riM lot |ireei.sely asccrtaiiu'd : I'Ut not to the hoiindary : on that point the further 
 gtatenieiit nf Mr. M;ie|.aiie in llie same des|iat(li leaves no rnmn for a dnulit. Ilis wcirds are: ' lllirilig 
 the iirecediiiLi Administration of our (.iovernmenl, the extension of the line on the -Hith jiarallel tn tlie 
 Straits of Kiica, c.^ tiinf priifii^eil hi/ /.un! Alunlnii, van ■■■■'■■'uli/ siiy^it^tid hy my immediate 2>i'edtei.s.iur 
 (Mr. Ererett) as one he llioiiudit his (iMVernnieiit iiiii^ht accejit.' 
 
 " Now what tlie jiropesal .i ■ Kveictt had heeii we know from the citations which T have made 
 from his dfspalehes ; and 1 liav.^ actually referred to the fact that he liad drawn the line of demarcation 
 upeii the map. ami specially dirt'ctcd the attenlinn of Lord Alierdcen to it." 
 
 19. In tliis passtiec Mr. llancmfl puts forwaril prominently Mr. MacLane's letter, but 
 lie nowhere deduces distinctly the inference be v islies the Arbitrator to draw from it. In 
 whatever liebt, bowovcr, tbe letter is regarded, it will appear that, when all the c'rcnni- 
 stanccs are I'amlidly considered, llie letter furnislies no ground for any inference favour- 
 able to tbe United States in tlie present discussion. 
 
 |i.) Mr. MacLane does not profess in his letter to report the words of (he coin.ni- 
 plattd Trciity. He had seen the words, and knew that the Canal de Haro was not 
 specilied. He nuist then (it would seem) have eonsiilercd the words he saw as amountiiig 
 RiibstiintitiUy laccording to bis own expression) to the proposal of a line by tlic Canal de 
 Haro. He apidied (wli"tlier accurately or not is not the question) his geograi»hical infor- 
 mation to the words shewn to him, and inferred, in his own mind, that a line such as he saw 
 described would run ibrongb the Canal de Haro. Under this impression he wrote to bis 
 Coverninent. If this is tbe true explanation of the facts (and no other explanation is 
 apparent), bis slateiiient is of no weight on the (pie.stion, what is the clianncl of tbo 
 Treaty. That question, which is the question now under arbitration, remains unaffected 
 by his letter. 
 
:;»-ii»K*;as!i'ai 
 
 speaking (if lie 
 
 If this is not 
 
 Her Mnji'.st^' 
 
 leavours to shew 
 n suiiport of tlie 
 
 111 in him liy Lord 
 iTritiiry liyAVilkcs, 
 as the liiU'st, most 
 Ameiirnn Soiiatp, 
 L'iiil roiiort of the 
 
 Viy the steamer of 
 t, fur a jiartitidii of 
 
 ty-iiinu to the sra. 
 rro and Straits i4 
 
 pnrary use of tlie 
 ilijeets who woiil'.l 
 3 'most prohnlily' 
 jiniiit tlie furllier 
 onld are : ' J)iniiig 
 •ih jmrallel tn the 
 iHihatc 2'>'i'(licissvr 
 
 liich I have made 
 iiic of (leiiKircatiiiu 
 
 inc's letter, hut 
 aw from it. In 
 all the OTcuni- 
 iference favour- 
 
 of the conf.'m- 
 Ilnro was not 
 \y as amoui'.tiiiir 
 >y the Canal de 
 grajjhical infor- 
 1 such as he snw 
 he Avrote to his 
 explanation is 
 L-iiannel of the 
 ains unaifecteil 
 
 (ii.) One circumstance in Mv. .Miu Lane's letter tends to siippcn-t tliis explanation, 
 that is, ills mention of Bireli Hay (incoirectly called hy him IJirch's IJay), which he treats 
 as heing on the 19th parallel. This geogiaphic;!] error (which is peculiar in this controversy 
 to Mr. AfacTjane) has hccn accounted for thus, hy Mr. Archihald Camphell :— * 
 
 " >.Ir. MiicLuic, ill liiiciiii,' 'Mi (lie iiKip the 4'.Uli jiiiriillel 'to the sea, that is to say, t/ir ann «/ Iht 
 .■j'li culled r.inh'.s li.iy,' evi.lciilly siipiiosed ihat the sjiiice lielweeii the (.'uiiliiielit and Vaiicimver's Island 
 at ihi! -liUh p.UMlh'l was desi;_'ii,iti'd as I'.iivh I'.ay. Aiil IVnin tin: i-unspii'iK. us ]pii.-iiii(,ii ^'iveii to the 
 name i.f IJiivli jiay on Wilkes's nia]i, aiul even dii Vaii,'(iu\i-r's cliai^siieh an erna- ini;.'lil \"iy naturally 
 (iccar. Ill reality, however, I'.iieh liiiy is only the small iiidi.Mitation on the mainland at the (■xtien.e 
 ri;,'ht of the name, ami is a few inilr^ .snnth c.f ihi! I'.illi p.nalhd. '\\v iianii' cf the Coif uf (unryin i? 
 intended liy Wilkes to exten.l from the ]iaiallel of TiO a^ far soiilh as the noit'.n.ni exlivmily (if the 
 ('anal de Ilaro, iiicliuliiig the space suppused hy Mr. .Mael.ane to lie liireli I'.ay." 
 
 Tliis explanation is sim[ile and reasonable. And it stmngly confirms the sugf;estion cf 
 Her Majesty's Government that .Mr. .MucLano was merely interpreting, according to his 
 cwn lights, the words of the project which I.ord Aberdeen had .shewn him, and was not 
 reporting to his Oovernmcnt I,ord Aberdeen's interpretation, or an agreed interpretation. 
 Tiiere is no suggestion, and no ground for a suggestion, that liord .Mierdecn ever 
 spoke of liireh Hay. If, then, it is ]irobable that Mr. MacLane did not derive from 
 Lord Aberdeen his mention of Hirch Bay, in ju>t the .same degree is it juohable that l;c 
 did not derive from Lord Aberdeen ids mention of the Canal de Ifaro.f 
 
 (iii ) The n.se by Mr. .Mac! aiie of Wilkes's map («liicli is thus made almost certain) 
 goes far to account for his mentimi of the (.'anal de IFaro (or Arr^i, as it iswiittenon 
 Wi!kes"s mai), and by .Mr. MacLanei : for tliat passage is so consiiictiou.slv maikeil on 
 Wilkes's map as to seem to be tlu only direct channel between the Continen; 
 and Vancouver's Island leading into the Straits of Fuca. But however it is to be 
 accounted for. there is no ground wl.atever for the suggv stion that ]\Ir ^lacLane's mention 
 of the Canal de Ilaro was authoiii^ed by anything said to him by Lord Abenlecn. 
 
 (iv.) In 183!), Lord Aberdeen, on being referred to by Lord John Kusseli, then 
 Her Majesty's Principal Secretary of State for Foreign .Vlfairs, informed Lord John Hussel! 
 that lie (^Lord Aberdeen) distinctly remembered the gener.il tenour of his conver.-ations «it!i 
 Air. MacLane on the subject of the Oreiron boundary, and he had no reco'leclion of any 
 mention having been made, during the discussion, of the Canal de Ilaro, i>r, indeed, any 
 other channel than those described in the Treaty itself.J 
 
 (v.) Mr, MacLane was not negotiating with Lord Aberdeen. His connection "itli 
 the question was (as he himself says) '"in a great degree infirmal."§ The negotiations 
 were being carried on at Washington liy Mr. I'akenham (acting immediately imder 
 Lord Aberdeen's instructions) on the one hand, and .Mr Buchauau on tlio other hand.|i 
 
 • Mr. Areliilialil Cain[il)cli «a< Coniinissiciiicr- on tii'liidf of tiu' I'lii'.i;! S:,nto«, when C'(iiniirsi<ioni'r3 worr 
 sppointrd (as nioiitiomMl in tin" prcaiulile of .Vrticic X.\M\' of tlic Trc^ity of W.n«hinj;loii of IS7i) I'ti lie'nalf of lln 
 two (iovi'inmeiits in I80G, to di'tcniiine llie \v;iIit liiininlaiy nn.l.'i- tlio 'I'rcaly of l'--l(i. 't'lie' li.icMincnl of 
 Mr. Caniplioli's c|uoI(m) or rcf'prrcd to li-ro and (dscwhcro in tliia Sialcaient is a niiirl m elo by iiim to .Mr. Ca.ks. 
 llic I'liitod .St.itcs' Socictary of State, datod 20lli .laiinary, ISjU. 
 
 t iliorn is nothinjT in llio explanation here j;iveii of Mr. .Mactjane's wolds au'onsistia.t with llic el aracu-r 
 of liini drawn liv Mr. liancrofi (piuo 18); — ".Mr. .Macl.ane was a calm and oxpi'rieiu'i'd statesman, Ir.iined in 
 liusincss, exact in Ins n'e of words, carefid espicially in reportin); wliat was said l)y ollicrs." 
 
 t I.ord .Folui Uusscll to I.ord Lvouf, lHUi .\nirn.st, 1SJ9 ; read, and coiiy \(\\ii\\, to United States" Secretary 
 of State. Kxir.ict, Appendix, No. t. 
 
 § Appendix No. 32 to Mr. Uanrroft's Memorial. 
 
 II Mr. liancroft corrcclly says (patre 14), with reference to the lime jnsl lieforo the Treaty :—" Mcanlinie tlie 
 negotiation on the Oregon qnestion liad liern transferred to the new I!riti-li Minister at \Vasliin;.'ton." And again 
 (page IG):— "Lord Aberdeen confessed that it now fell to him to propose a peaceful solution of tbe long 
 controversy." 
 
 [320] 
 
 D 
 
i I 
 
 Siateinent. 
 
 8 
 
 Lord Aljcnk'on was at liberty to inform Mr. Miu-Lanc of his views and intentions; lie 
 was at liliorty to refrain from doinfj so. Anytliin"; that passed between Lord Aberdeeu 
 and Afr. iMacLnuc was not negotiation in a proper sense ; and no binding compaet can be 
 txtraeted from it, taken alone. 
 
 (vi ) Mr. Jlacl^ane perfectly understood this position. Lord Aberdeen's project uf 
 'I'reaty was so far from being the result of a bargain made between him and Mr. MacT>aiio, 
 that Mr. MacLane in reporting it to his riovernment disapproved of it, and (it would 
 api)ear) tried to induce \n> Government to reject il * He says ;among other things) : — t 
 
 " It is scnrci'lv iicir-savy I'nr me to sliitc that llir iaci|'ositiiin as iinw siilniiitlcil lias not received my 
 countenuiiee. Altl[ini,L;li il lias lieeii lii> easy tasi;, uinler all llie ciic niiislaiii'es, to lead tn a reopening 
 of the iieu'otiations \<\ any iiro]iositioii tVcuii this (Invernnieiit, ami lo inchiee it to adopt the iiarallel of 
 4'.) as lilt' liasis of a lioundary, nevertheless I hoped, it '.\(add have l>een in my jiowerto j,'ive the l>iesent 
 proposition a less olijeitionalile shape, and I most deeply lament my inaliilily to aeeoin]plish it. 1 have, 
 tlieri'foie. felt it my duly to (hsco\iiayc any expectation that it would be iiceepted by the I'resideut ; or, 
 if sulimitteil to that body, approved by thi' .'>enati' " 
 
 (vii.) if ^Fr. MacLaue had been in a position to enter into a contract with Lord 
 Aberdeen it is plain he never would have used the qualification "most probably." 
 Mr. iiancrol't. seeing the force of this consideration, endeavours lo get over the difTicuily 
 by alleging that the phrase "nio-jt probably" apjilies, not to the boundary, but to the 
 (ithir [larts of Lord Aberdeen's proposal : for, he say.s, those other parts " were not pre- 
 cisely ascertained." Air. Macl^ane's letter (as ftir as it relates to the C>regon question) 
 is printed in the Historical Note, and is open to the judgment of the Arbitrator. It 
 appe;irs to Her Miiiost\"s (lovernment to afford no ground to justify this limited 
 ajjplicntion of the ]ihr.nso •■ most probably." 'I'liis phrase is in immediate connectioi;, 
 grammatically, and in the arrangement of the matter, with the passage relating to 
 the bounilary. 'i'lie three subjects — (1 ), boutidary : (2\ possessory rights of British 
 subjects: (.']), navigation of the Columbia, — are discussed throughout the letter on the 
 same footing. 'I'lic projxisnl on any one subject is treated in the letter as being quite 
 as much settled iiiul ihlinitivo as the proposal on any other. Moreover, in point of 
 fact, the exact propoiial was as much aKcerlained on any one point as on any other, and 
 this must have been so in Afr. MacLane's apprehension., as Lord Aberdeen had shewn 
 him the project of the Treaty. 
 
 (viii.) The i)oiiii(lai-y. however, it is argueii by Mr. Bancroft, was precisely ascertained, 
 because ^\v. MacJ^ane state, that the line as proposed by Lord Aberdeen had been 
 suggested by Mr. I'lverett, and wh.it the proposal of Mr. Everett was (he says) is known 
 from the citations in the Memorial from his (Mr. Kvcrctl's) despatches. The passage iu 
 Mr. Bancroft's Memorial, relating to Mr. Hvcrett's suggestion, is as follows (page 11) ; — 
 
 "< In the L".ilh of X.ivend«T, IS I'l, soon after Mr. I'',vereli's full |iowers liad arrivt'd, lie and [.onl 
 Aberdeen had a veiy loni; and important eoiiversation on liie ( )re,!,'oi! cpiestion ; and t\w. eoiicessioiis of 
 Lord Aberdeen ajipearii.ir to invite an expression of the exlremest moditieation which the I'niteil .Stales 
 could admit to tin ir former proposal, Mr. Ilvenll nporls that lie said : 'I tlionolit the I'resident mi>,'ht 
 be indueeil so far to depart from the d'.Mh ]iarallel us to leave the whole of (,lnadrii nnd Vanoouvcr'a 
 Island to Kiiu'land, whereiis thai line of latitude would u'ivi' us the siaithern extremity of that island, 
 anil eonsei|uently the command of the .Straits of Fuea on both sides. I then /miiitril out on a maji tlt< 
 extent of l/iif! roiuvxtifin ; and Lord Aberdeen said he would take it into consideration.' 
 
 " The next day Mr. Kverett more formally referred to the .subjiict in a note to the liritish 
 Socrctarv :— 
 
 • TliLM-hanicierof the loiter ill this rc.p.ct is b.-oic.d.t .,at liv Mr. I'aki-nliam's comments in his dos|.ati.li 
 of thr 2t)th .Inly, lS4fi, llisioricjil Note, p. xx 
 1 Ilisloiical Note, n. xiv. 
 
itentioiis ; he 
 inl Alierdceu 
 mpact can bu 
 
 I's project uf 
 ilr. MaoLane, 
 nd (it would 
 r thing's) : — + 
 
 Kit rri'civcil my 
 to 11 rc(i]ic'iu!if,' 
 tho ]i:inilli'l cif 
 
 ,'ivi' tllU pll'Sl'Ilt 
 
 ish it. I liinv. 
 u rivsidoiit ; or, 
 
 u't with Lord 
 st probably." 
 • the difllculty 
 TV, but to the 
 were not pre- 
 gon question) 
 rliitrator. It 
 r this limiud 
 c connectioii, 
 e relatiiij^ to 
 Its of I5riti.sh 
 letter on the 
 IS bciiio; quite 
 r. in point of 
 iny other, and 
 en had shewn 
 
 J ascertained, 
 .'en liad been 
 avs) is i\nown 
 lie passage in 
 ;pngc 11):- 
 
 111, lii> ami I.nril 
 i'. roni'o.saioii^ of 
 I' I'liiteil States 
 I'l'i'.iidciit iiiij,'iit 
 ml Viuicouvrr'a 
 >' of Hint isliiiiil, 
 it uii a niciji tli( 
 
 to the IJrilisli 
 
 in his (Icsjiatoh 
 
 9 
 
 " ' My dear Lord Alicrdoen, '"40, Grasrenor Place, SOtli uXovcmlcr, 1843. 
 
 . • . • '"It a]i]iei<.v.s from Mr. Gallatin's cnrresiiomlenco that .... Mr. lliiskissun had 
 csppciaiiy olijected to thu exteTi.siim of tiio 4'.itli degree to the I'aeilic, on the gvuuml tliat il would 
 cut otr the southern e.\tremity of ti>iiailia ainl Vancouver's Island. My suggestion yestenliiy woidd 
 obviate thi.s olijeetion. . . . A ijlancc at Mf //i((;) iViud's (V.5' iHyw/'idHcc as a modification of tliu 49th 
 
 liegi'ce 
 
 ■ Edwaud Everett.' 
 
 " On the L'nd of Fclaiiary and on the 1st of Ajiril, 1844, ^fr. Everett reports that he continuously 
 inoistod with l.iad Alierdeen Hint the only imHlificiition whioh the United States could, in his opinion, 
 be brought to agree to, was that they should waive their claim to the sotithern extremity of Vancouver's 
 Island, ami that Lord Alieideen uniformly answered 'he did not think there would be much ihfficulty 
 ta settling the question.' 
 
 " l)unng the following niontlis "Sh. Everett and Lord Aberdeen, both wishing sincerely to settle 
 the controversy, had further frecjueTit conversations, and, as the result of them all, Yiv. Everett 
 reported that England woul.I not accejit the nuked jiaridlel of A\)' to the ocean, but would consent to 
 the line of the 4','th degree, provided il conld bo .so niodilied as to leave to Great Britain the 
 .louthern extremity of Vancouver Island. ' I have .'pared no jiains,' wrote Mr. Everett on tlie 2Sth of 
 February, 184."), ' to impress upon Lord Aberdeen's mind the persuasion tbat the tUmost which the 
 United States can concede is tlie 4'.iih parallel with the modilieation suggested, taking always care to 
 add that I had n i autbority fur saying that even that niodilieaiiou would be agreed to.' 
 
 "To one fact 1 partieiilarly invoke the attention of the Imperial Arbitrator; not the least room for 
 doubt was left by Mr. E\erett with regard to tbe extent of the modilieation propo.sed. He Jiad pointed 
 it out to Lord AlnrdciUi oil tin' mop, and liad so often and so carefully directed his attention to it, that 
 there could be no inisapiirehension on the limit of the proposed concession." 
 
 It is difficult to see the force of this reference from the le'terof ^Ir. jMacLanc to the 
 writings and acts of ^Ir. Everett. It seems to Her Majesty's Government to Ije a j)roces8 
 of ascertaining a thing uncertain in itself liy means of something .still more uncertain. 
 It does not appear tiiat ]\lr. Everett pointed out on a map, or referred in any manner to, 
 the Canal do llaro ; yet tins is the wlnde question. The fair inference from ilr. Eveiett'a 
 fitatements is that he did not speak of tlic water boundary at all, but only pointed 
 out on a map how much of Vancouver's Island would be cut oil l)y the 49th parallel. 
 Mr. Bancroft appears to overstrain Mi\ I^verett's words. Mr. li^verett says he " pointed 
 out on a map the extent of the concession," as regards the southern extremity of Van- 
 couver's Island; Mr. IJancroft says (page 1!)) ;\Ir. Everett " liad drawn tiie line of 
 demarcation upon the map,"' which seems to he a very ditferent thing. If this had been 
 stated by Mr. Everett, and if it also apjjcared that the line of demarcation drawn by him 
 on the map [lassed down tlie Canal de llaro, then Mr. Bancroft's inference that Lord 
 Alierdeen was proposing a line through the Canal de Haro, from the fact that 
 Mr. MacLane says that the line proposed by Lord Aberdeen liad been suggested by 
 Mr. Everett, would not be so remote or so weak as it is. 
 
 (ix.) Tiie statements of .Mr. MacLane to his own Government can in no «ay bind 
 Her Majesty's (Jovcrnment. Mr. MacLane does not say tliat he did, and (here is no 
 evidence tlint he diti, ever specify any channel in his conversations with Lord Aberdeen. 
 There is no evidence tlnit he ever t(dd Lord Aberdeen what he was going to report to liis 
 Government. The presumption to be drawn from Lord Al)erdeen's dc.siiateh of '2d June 
 ISKi, to Mr. Takenham, is to tlie contrary.* :Mr. MacLane's letter was not published 
 even in the United States, until after tiie exchange of ratifu'ations in London.* It could 
 not, therefore, have reached Lord Aberdeen's knowledge before the transactitm was 
 closed. 
 
 (X.) Nor is there anyliiing to aflTecl Her Majesty's Government tlirough Mr. Pakcn- 
 ham. There is no suggestion that ^h■. Buchanan communicated to Mr. Pakenham 
 
 r.tatt'uieiit. 
 
 * H.storical Note, p xx. 
 
r 
 
 10 
 
 i i 
 
 m 
 
 ftn diKMit. T^j,. j^iacLane's letter. On the contrary, it is cviilcnt, from Mr. rakcnliam'b despatch 
 of the -9lh July, 1840, tlmt the k'tter was unknown to him till its unauthorized puhlica- 
 tion, as mentioned in that dcspateli.* Nor did Mr. Bnehanan in any manner infjim 
 Mr. Pakenliam of j\[r. JIacLane's view. In a .Memorandum, f written in 18D8, Sir Rielianl 
 (formerly Mr.) Pakcnham, states that Mr.Puchanan on the occa.sitm of the Treaty " made 
 no mention whatever of the Canal de llaro as that through which tl.e line of houiulnrv 
 should run as understood hy the United States Governme^it." If, indeed, Mr. P.ucliaiinn 
 liad done so, that mere fact would he of no importance as against Her Majest_v\ 
 Government. Mr. Pakenliam was acting under strict instructions. If Mr. Ihichanmi 
 had indicated the Canal de Ilaro as the houndnry channel, Mr. Pakenliam could oiilv 
 have answered as he did on the (|ueNtii>n of the ctlect of Article II, namely, -th'' 
 ,\rticle speaks for itself. J He had no power to modify the project of Treaty in 
 substance, and no power to bind his Government by assenting to or ac(iuies(ing in 
 an interpretation which would have been ccpiivalent to a serious inodilication. 
 
 20. It nppcars to ller^Iajcsty's Government that this examination of Mr. Maclinncs 
 letter justifies them in submitting to the Arbitrator that the letter all'ords no supjiort tii 
 the contention of the United State;'. 
 
 21. In addition to Mr. MacLane's letter, Mr. Bancroft refers to the speech of 
 Mr. Benton in the Senate before mentioned. Tiie passage in Mr. Bancroft's Memorial 
 is as follows (page 19) : — 
 
 "A susiiii'ion (if aiiil'ijiuiiy could ikm link in the laiii.l nf any oiip. Ifv. Bontdii found the lan,!jua;.'e 
 go dear that ii" ailiiiitt'd it as his own. In his S[i(.'i3i-h in the Sniato on the day of tiie ralilication (f 
 tho Treaty, he said : — 
 
 "' Tlie fii'.st Article of the Treaty is iii l/ir irri/ !i\i)-i!s Mhieh I myself would have used if the two 
 Govennnents had left il to nie to draw the b'liinilarv line lietweeii them 
 
 "'The line established by the first Art ichi follows the parallel of 411° to the sea, with a shgLl 
 deflection tlirou^li the Straits of i'lua ta urciJ ci/ltin;; (}Ji titc south end of J'ancoiiver's Island ... 
 ■When the lino reaches the channel wliicli se|iaiate.s Vancouver's Island from the Contitiont, it jirncpcdj 
 to the middle of the channel, and iheiuf tuniiiiL; .south llin,i((/li llic Cluonirl de ITitro (wroic^ly written 
 Arro on the maps) to the Sliaits of i'uca, and tluiii west tlii-oiiyh the miildle of that .Strait to the sea 
 
 This f^ivos us the duskr a/ islands between de Haiv's Vlitinnd and tht 
 
 Continent.' " 
 
 22. Her Mnjesty's Government submit that the .sjieech of ^fr. Benton is even of 
 less value, as evidence in sujiport of the ccntention of the United States, than is 
 Mr. ^lacLane's letter. 
 
 (i.) It seems probable that .Mr. Benton founded his exposition of the draft Trcatv 
 on Mr. MacLane's letter, § extracts frtnn which had been conimunicati ' ' v the President 
 of the United States to the Senate. If so, Mr. Benton's interpretation is onl}' iv 
 reflection of Mr. Macfjnne's. 
 
 (ii.i Mr. Hellion may indeed have fornnvl his opini(m not directly on Mr. MacLane's 
 letter, but on the same sort of ground on wiiicb it would appear Mr. MacLane's statement 
 was made, namely, a knowledge (wheiher complete, or accurate, or not) of the local 
 conditions.]! lu that case his statement would amount to no more than a declaration of 
 
 * I!i-!<Mii'.ll Nolo, I'. XX. 
 
 t Inlospd in I,, nil Jul. II liiis>^ill > (li'5|iatcli to I.cird I.Mins, 24lli .Vugiisl, lf59; road, .tiuI copy given, lo 
 Uui'oil Stales' .Siorotiiry "f .Stato. Apj'oiidix, No. 1. 
 
 J lliKiiii'ii'at Nolo, |i. x\. 
 
 § 'I Ills wa"- Sir Uic!iard I'.ikonliaiii's \iiH, ns <X]iio,«soil in liis Moinoraiidiim, .Apiiondix, No I. 
 
 II Mr. ('as< iloscr.bps Mr. ltoliti>ii as lioing " boltpr orqiiaintod, ppiliaps, tlian any otlior monibor [of the 
 Sena'' J wiili ilio uoo^rnpliy <i(' tlio rojfion in dis|Milo." — To Mr. Dallas, 20ih October, IboO ; read, and copy 
 |lvcii, lo Iter .Maipsty's Hpcrptury of Siuto for Foioi^n Affiiis. 
 
Iiam'b despatch 
 
 orized publicn. 
 
 nanner inrjira 
 
 58, Sir Ricliiinl 
 
 'I'l'i-'iity " niadi' 
 
 le of l)ouiul,'in 
 
 Mr. Biicliaii.-iii 
 
 Ilcr ^lajt'sty, 
 
 Mr. lUieliannii 
 
 am could onlv 
 
 namely, -thr 
 
 , of Treaty in 
 
 acquiescing in 
 
 )n. 
 
 Mr. Macl'inncs 
 no support to 
 
 the spcccii of 
 •eft's Memorial 
 
 mill llic liinijiiaL'? 
 till' niliiicatiiin (f 
 
 3 used if tlio two 
 
 ca, witli a sligli 
 land ... 
 
 iiu'iit, it |irnroc(lj 
 (wrmij^ly written 
 Strait to tliii sea 
 C/itniml atid tht 
 
 ion is even of 
 Uatcs, than is 
 
 ? draft Treatv 
 
 the Presideiil 
 
 ion is only a 
 
 yir. MacLane's 
 
 tie's statement 
 
 -) of the local 
 
 declaration of 
 
 .inil copy givpii, 10 
 
 II 
 
 his opinion that, on the true construction of the words of tlie Treaty, the line described 
 would run Jo'vn tlie Canal dc Haro. But Mr. Benton's opinion on this (picstion of 
 construction is not alleged to be of any special value, and its authority in the present 
 discussion is not admitted. The question whether or not the line runs down the Canal 
 de llaro, according to the construction of the Treaty, is the question before the Arbitrator. 
 
 (iii.) But whatever was the foundation of Mr. Benton's observations, and whatever 
 title they have to consideration. Her Majesty's fJovernmcnt cannot be affected cither 
 through Mr. Pakcidiam or through Lord Aberdeen by ai ythiiig that was said on this 
 occasion in the Senate, 'i'he debates in the Senate were in Secret Session. No publica- 
 tion of tliem was permitted or made until after the time when tiie ratifications had been 
 exchanged in London.* 
 
 23. Mr. Bancroft adduces uo further evidence whatever on this point, yet he 
 goes so far as to sny (page 20) : — 
 
 "Tlie liiii,L,'iiii,m! lit' tlie Tieiity seeiueil jicrfcclly clrar tu llio Senate, ii. tlie I'l-esideiit, to his 
 Si'iM-etiU'V III' Stale, ami to every uiie of lii.~i c'iii.-;tiliitiiiiial ail\ i.^ers, a.s ilepartiiii; i'linu tlie line (if tlio 
 lianillel of 4',)' only .so far as to yield the soutlieiii exliemily of Vaiieuaver's Island, and no mm-e." 
 
 With respect to the view of the language of the Treaty formed at the time by the 
 Senate (as a body), or by tlie President, or by any one of the President's constitutional 
 advisers other than his Secretary of State, Mr. Buchanan, Her Majesty's Government have 
 no information, either from ^Ir. Bancroft's Jlemorial or otherwise. The exception of 
 Mr. Buchanan is here made, not on account of anything in Mr. Bancroft's Memorial, but 
 because in the course of the controversy between the two Governments, a statement 
 respecting Mr. Biichiinan's opinion has been made on behalf of the United States. It 
 has been saidf that, in a letter to Mr. MacLane, dated fitli June, IS-IH, the day on which 
 the draft Treaty was presented to Jlr. Buchanan by ]Mr. Pakenham, Mr. Buchanan 
 mentions the Canal dc Haro as the channel intended by the Treaty. This letter has not 
 been seen by Her Majesty's Govoriniient. It may be supposed that it is simply (so to 
 speak) an echo of Mr. MacLane's conjectures as to what would be found to bo the 
 substantial eifect of Ijord Aberdeen's proposal, when it came to be worked out. But 
 whether that is so or not, statements passing between Mr. Buchanan and Mr. MacLane, 
 not communicated to Mr. Pakeiiliam or to Lord Aberdeen, are not admissiljle as against 
 Her Majesty's Government. Sir Biehard Pakenham, in his Memorandum before cited, 
 says : — " 
 
 " It is eeitain lliat Mr. liiielianan signed the Treaty with Mr. Maet-ane'.s despatch iieforo him, and 
 yet that he made no mention wiiatever of the Canal de llaro a.s that through wliich the line of boundary 
 slioiild run, as undei.slood liy the I'nited State.s' tlovernment," 
 
 And this, after Mr. Buchanan had had read to him by IMr. Pakenham such an extract 
 from Lord Aberdeen's instructions as comprised the paragraph containing the description 
 of the line of demarcation to be proposed, and had himself read over the extract again 
 in Mr. Pakenham's presence ;| which two readings must have shown I\Ir. Buchanan the 
 irroneousness of any expectation that the Canal dc Haro would be specified. 
 
 25. The examination has now been completed of everything that can reasonably be 
 regarded as contemporaneous evidence in favour of the United States of the intention 
 
 Stnlcriient, 
 
 1. 
 
 r nicnibor [cif the 
 
 9 ; read, and copv 
 
 • P.igc 5, ntiove, aail mite * tliero. 
 
 t Mr. Cass to .Mr. D.illus, 20tli October, 1859; read, and eopy given, to Her .Majesty's Sccietary of .Sla«« 
 for Foreifrn AtTiiirs. 
 
 J Historical Note, p. xvii. 
 
 [320j E 
 
irimHWi 
 
 12 
 
 Statement. of their Goveiiimciit in concluding the Treaty. Her Miijesty's Government submit to the 
 "~" Arbitrator tiiat it is of little, if any, weight. All tliat it nniounts to is this, that some of 
 
 tlie persons concerned on the part of the United States on the occasion of the Treaty 
 anticipated that the Treaty, couched in the words proposed on one side and adopted on 
 the other, would have a certain etFect. Tiiese anticijiations were not communicated at tliu 
 time to Her Majesty's Government, or to any representative of that Government, ami 
 are, tiierefore, in no degree binding on them to their detriment. 
 
 25. But, before parting from this branch of tiie subject. Her Majesty's Governnunt 
 will advert to two other pieces of evidence which have been in the course of the con- 
 troversy adduced as " personal testimony oontomporanetnis with the Trciity,"* and which it 
 is possible may be brought up again as such in the present discussion. 
 
 (1.) It is stated* that, on 28th December, 1840, Mr. Bancroft (who was then tiie 
 United States' Minister at London) having written to Mr. Buchanan on the subject tVoni 
 London, Mr. nuchanan inclosed, in a letter to Mr. Bancroft, a traced cojjy of AVilives' 
 chart of the Straits of Arro (that is, the Canal de lIaro\ and added : — 
 
 " It is not pro) liil lie, however, that any cluiin fif this cliiirarliT will he sriioiisly ]ircl\'iTeil liy ilir 
 Majesty's Governiueiit to any island lying to llio ea.stwanl of the ('anal ik' Aito, as niaikeil in ('ii|iiaiii 
 Wilkes' ma]) of the Oregon Territory." 
 
 The correspondence at this time between Mr. Bancroft and Mr. Buchanan, as far a.s 
 the same is known to Her Majesty's Government, is set forth in the Appendix to this 
 Statement. t Her Majesty's Government submit to the Arbitrator that if this corre- 
 spondence is proposed to be used on tlie jncsent occasion as evidence on behalf of thi; 
 United States, it oug'it to be rejected. First, it was from its nature entirely unknown 
 at its dates to Her Majesty's Government; secondly, any declarations it contains were 
 made post litem molam. Even if admitted, it would be of little value, as it cannot carry 
 the case further than it is carried by Mr. MacLane's letter, on which Mr. Buchanan's 
 statements in this correspondence explicitly rest. Mr. Buchanan does not use a wort! 
 that can fairly be considered as conveying his personal testimony as to the intention of 
 himself or his Government at the time of the making of the Treaty. Finally, if thi;^ 
 correspondence is admitted as evidence, then Her Majesty's (iovernment would ask that 
 there be taken into consideration along with it the rejiort of Mr. Buchanan's views 
 in 1848, made by Mr. Crampton, Her Majesty's Minister at Washington, and the 
 subsecpient communicalion thereon made to the United* States' Government. + 
 
 (2.) The other piece of evidence referred to by Her Majesty's Government as havin„' 
 been adduced on behalf of the United States is the following : — § 
 
 ' Jlr. I'.aneroft, who was a ini'inber (f President folk's C'aliinet when the Treaty was eoneliuliil. 
 wrote re|i(.Mledly to Lord I'alnn'rston after leeeiving this eliart [tin; traeed eo|)y of Wilkes' cliart 
 above mentioned], and uniformly described tlie Straits of Arro ' as the channel through the middle if 
 which the lunnidary is to lie conliiiued.' " 
 
 The communications between Mr. Bancroft and Viscount Palmcrston here referred to 
 were in July and November 1848. The letters are set forth in the Appendix, !| together 
 
 • Mr. Casa to Mr. Dallas, 20th Octolicr, 1859 ; rend, and co|iy givon, to Ilcr Majesty's Secretary of Slate 
 for Fi 'y'lfiw .AA'airs. 
 
 t Appeiiilix, No. 2. 
 
 J .Appcmiix, No. n, 
 
 § Mr. Cass to Mr. Dallas, 20th October, 185U ; read, ami copy given, to Her Majesty's Secretary of Stale 
 for Forvijin Atfairs, 
 
 II Appendix, No. 4. 
 
t submit to tlic 
 s, that some of 
 I of the Treaty 
 mil ntlopteil on 
 miicated at tliu 
 )vernnient, and 
 
 's Government 
 se of the con- 
 
 •'« 
 
 and whieh it 
 
 was tlicn the 
 e subjoct fiDiii 
 )\)y of AVilkes' 
 
 lirc'IViTcil liy llir 
 iirkt'd ill ('ii]ilaiii 
 
 anan, as far as 
 ppendix to this 
 
 if this corre- 
 1 behalf of the 
 irely unknown 
 
 contains were 
 
 t cannot cany 
 
 [r. Buchanan's 
 
 ot use a word 
 
 lie intention of 
 
 finally, if this 
 
 would ask that 
 
 [;lianan's views 
 
 gton, and the 
 
 it + 
 11.+ 
 
 nent as liavin.' 
 
 ■ was coiK'hidtil, 
 jf Wilki!s' (liiui 
 ;li the luiddli.' I'f 
 
 ere referred to 
 dixjil together 
 
 Secretarv of Slnit 
 
 Stiwitary of Slate 
 
 13 
 
 with the ijublishcd extract of a letter from Mr. Bancroft to Mr. Buchanan, describing a 
 conversation which he (Mr. Bancroft) had had with Lord Palmerston. No statement of 
 Mr. Bancroft made more than two years after the exchange of ratifications can he 
 reasonably regarded as " personal testimony contemporaneous with the Treaty," in which 
 citegory it is plr.ced in the jjaper of Mr. Cass adducing it. The only use to which 
 these documents could now be fairly applied would be to shew that Lord Palmerston 
 liiul then made to Mr. Bancroft admissions now binding on Her Majesty's Government. 
 lUit the documents alford no ground for sucli a suggestion.* The course taken 
 by Lord Palmerston on Mr. Bancroft's second letter (in which he for the second time 
 intimated his view that the boundary was to pass through the Canal de Haro) is 
 concluiive as to Lord Palmerston's view of the position. It is plain, on the fitce of Lord 
 Pahiieiston's answer lo that letter, that the answer was deliberately framed so as not to 
 amount to an adjtiission of the claim put forward by Mr. Bancroft. If there could be any 
 (liiuht of this, on the words of the letter, the doubt would be put an end to by a reference 
 to the minutes on Mr. Bancroft's letter which preceded the preparation of the draft of 
 L ud Palmerston's answer. On Mr. Bancioft's letter the Under-Secretary of State made 
 the following minute for Lord Palmerston : — 
 
 "SluiU this letter lie ackiKiwledj^i'd and Mr. ISiiiicruft be thanked for it >. 
 
 " -And if so, shall the uiidcrliiied iissniii|iti()ii of Mr. liuiicrofl bu jiassed over wilhoul olisfiviition >" 
 
 The underlined words were : — " through the middle of whicii our boundary line 
 passes." Lord Palmerston's minute in answer was as follows : — 
 
 "Thank him, and sny tiiiU llio information contained in these charts as to soniidiiiL;'; will no duuht 
 he of j,Tcat service to the CoinmiHsioiicrs to be aiipointed, by assisting them in delerminiiy wliere the 
 line of boundary described by the Treaty ought to nin."f 
 
 TV. 
 
 2G. The next class of Jfr. Bancroft's arguments is to be found in those passages 
 in which he contends, in effect, that Iler Majesty's Government are precluded from 
 disputing the interpretation put on the Treaty by the United States, on the ground that 
 the framing of the Treaty was (as he represents) the work of Her Majesty's Government. 
 
 27. He says (page 22) :— 
 
 " The (haft of the Treaty was made entirely, even to the minutest word, by tlio Hiitish Ministry, 
 and was signed by both parties without change. The Britisii Uovcrnmeiit cannot, llierefore, take 
 ailvaiitngo of an ambiguity of their own, otherwise tlie draft of thi; Treaty would liave been a snare. 
 Such is the principle of natural right, such tiie establisiied law of nations, Hugo Grotius lays down 
 the rule that the interpretation must be made against the party which drafled the conditions ; ' ut 
 contra cum fiat interinetatio, ijui conditionus ulocutus est.' But, no one has expressed this more clearly 
 fhiiii Vattel, who writes" .... 
 
 * "If I iiolicc General Cass' allusion to the lelters which he says Mr. Haiicroft n-peatedly wrote to Lunl 
 l'iilmcr>ton in 1848 it is only for the pur|)ose of placing on record what, no douht, Mr. Bancroft duly reported to 
 lii» Government at the time, namely, that Lord Palmerston gave Mr. Uancrofi dislinctly to understand that the 
 Uiitish Government did not acquiesce in the pretensions of the Unite 1 States that the boundary line shouhl be 
 run down the Haro Channel."— Lord John Russell to Lord Lyons, 16th December, 1839 ; read, and copy given, to 
 United States" Secretary of State. 
 
 t These observations may not be thought too minute when it is stated that Lord Paln.draton's letter ha.sbeen 
 treated by Mr. Archibald Campbell as a virtual admission oi 'he Canal de Haro as the Treaty channel. 
 
 Stnleiiient. 
 
MMMMmeBamiMimiBii'iiiMf II ■ i m<wi. 
 
 14 
 
 .Staieiiifiit. 
 
 !& i 
 
 28. ITcr IMnjcsly's Government sul)init that the fact that the project of the Treaty 
 cnianatod from them can be in no way used to their disadvantage. The Treaty, as it 
 comes before tlio Arbitrator, must be rej^arded as the work of hotii parties. It was in 
 the j)ower of tlie President or of the Senate of the United States to insist on niiv 
 alteration of tlie terms. They iiad aliundant oj)])ortunity for considerinpf the terms. Tli.' 
 //roject «as delivered by Jlr. Pakcnliam to Mr. iUichanan, Mid considered by tiiem in con 
 fercnce, on tlie 6th of June. It \va.s sent by the President to the Senate on the 10th of Jum.'. 
 It was considered by the Senate on the lOlh, 11th, and 12th of June. The Treaty was 
 signed on the liJth of June. It was sent to the Senate tor ratification on the IGth ot 
 June. The Treaty, with various incidental motions, was before the Senate on the lOtli, 
 17th, and 18tb of June. Jlr. IJuchanan intimated to j\Ii. Pakcnham that the President's 
 message sending tiie project to the Senate might, and probably would, suggest some 
 modifications in it. Aw entire counter-pro])osal was made and divided on in the 
 Senate; in the preliminary deliberation a formal motion was divided on for adding a 
 proviso to Article II; and Mr. IJuchanan made representations to Mr. Pakenhani 
 respecting the ed'cct of that Article.* Some of the reasons (hat ])revailed with the 
 Senate to induce tliciii to adopt the iiroject as it .stood may be gatlieretl from ^Ir. Bentoir> 
 spcL'eh. lie (ibjectcd to any alteration (first) on the ground of the delay that would ln' 
 caused, which would be injmious to the interests, particularly the commercial interests, of 
 the I'nited States; and secondly) because of the importance to the I'nited States of 
 closinn' the question, as they were then engaged in war with the I?epublic of Mexico, 
 in all these c'rcumstances, the words of the Treaty must be taken to be, as they in fact 
 are, the words not of Lord Aberdeen and Mr. Pakenbam only, but the words also of 
 Mr. Buchanan and of the President and Senate of the L'nitod Slates. 
 
 2[). The words cited by Mr. Paneroft from Groiius' book are not applicable to the 
 present case. The passage from which they are extracted relates to the case of dictation 
 of conditions of peace, 'i'lic whole cliaptcr to which they belong is on that and cognate 
 sidijccts. The sentence from which Mr. Bancroft's citation is taken reads in a nioio 
 complete form thus : — 
 
 "In iluliiii aulrni m'Ii.^u niiiuis est ut niritra eum fint iiU('r]irclalii), qui conditioiiu.s elocutus I'-l, 
 (luod csst' sulci jinienlidi'is : est ejus 4111 dat lum ([ui pulil cinnlitidiiu.s piicis dare [dicere], nil 
 .Viiiiilial" .... 
 
 The pavsage i»ro(!uced by Mr. Bancroft from Vattel's work apiiears to Her ^lajesty's 
 Government to he a.- capable of an application favourable to them as of one unfavouralilc 
 to them. 
 
 ;iO. In another place (page 30) Mr. Bancroft says : — 
 
 "A ]iarty (iHiTiiiu' 111!' ilvafl of a 'f'rraty is luiuiid by the iiUcr]iretatiiin wliicli it Ivuow ut the tiiuo 
 tliat till' otliiT ])arly ^avi' it. l.nrd Alicvdci'u caniiul lia\u duiilili'd Imw thu Treaty was uiidersliMJii 
 liy Mr. Maul.tuic, ly Mr. i'.uchauaii, and hy the Suaate of IIk! United Stales. ' Wliero llio U'nm (if 
 in'oiiiise,' writes I'aley, \'. im.-e wink was lii!i;j; a text, lumk at OxIVml, 'adnat of more senses than one, tliu 
 ]ironiise is to lie j-erfiirnie,! in the> sense in whieli llie jironiiser ainireliended at the time lliiit tlio 
 promisee reeeiveil it. This will not dill'er IVom the aelnal intention of the promisor, wlieio tin; proini.-i! 
 is given without colhision or reserve; liut wu ])ul the rnle in the above form to e.xidude evasion, 
 wherever the promiser attemiils to make his esc;ape ihrongli sumo ambiguity iu the expressions which 
 be used.' " 
 
 • Appendix No. 5, and Historical Note p. »ix. 
 
^ 
 
 m 
 
 of the Treaty 
 c Trciity, as it 
 ies. It wns in 
 insist (111 nny 
 ic terms. Tli.' 
 y tiiem in cmi 
 
 2 lOthof JiiiK', 
 'he Treaty wns 
 >n tlic IGtli o! 
 
 3 on the Kitii, 
 tlio President's 
 
 suggest somo 
 cil on in tiic 
 
 for adding u 
 tir. rakenliaiu 
 liled with the 
 1 ^Ir. Benton > 
 
 that would 111' 
 al interests, of 
 ited States ot' 
 lie of Mexico. 
 as tliey in fact 
 
 words also of 
 
 plieablc to the 
 se of dictation 
 it and eognate 
 ids in a nioic 
 
 )aes eldcutiis I'-i 
 tare [dioeio], nil 
 
 Her ^lajesty's 
 e unfavourable 
 
 \n:w iit the liiuo 
 \\us uuJerstooii 
 TO tho tcriiis of 
 ics than one, tliu 
 u tiiiiu lliiit t!i(i 
 mio tli(! iiroinl.-i! 
 exchide evii.siuii, 
 {[iressions which 
 
 15 
 
 ITer Majesty's Government are not here concornod to dispute tlio general jiropo» 
 sition that a party offering to another the draft of a Treaty is hound hy the interpreta- 
 tion which it (tlie party otfering) knew at tlie time tho other party gave to the draft. 
 Dut they do dispute, and submit they have disproved, Mr. Ijaneroft's particular propo- 
 fiition. Lord Aberdeen (lie says) cannot have doubted how the Treaty was nnderstood by 
 Mr. MacLane, by Mr. Ihiehanan, and by the Senate of the United States Her Majesty's 
 Government have jiroved tliat Lord Aberdeen did not know until after the exchange of 
 ratilieations (if personally he ever knew) of iSIr. MaeLanc's letter to Mr. Buchanan, of 
 Mr. Buchanan's letter to Mr. MacLane,* or of Mr. Bentou'a speech (the views expressed 
 ill which Mr. Bancroft seems to ascribe to the Senate, as a, body). 
 
 .SI. The doctrine contained in the passage cited by Mr. Bancroft from Dr. Palcy's 
 treatise on Moral and I'ulitical Phiiosophy appears to Her Majesty's Government 
 generally true,t but liero irrelevant. That doctrine applies to a promise in the ordinary 
 sense, a unilateral promise, or an engagement taken liy one party, wholly or mainly. It 
 is not approjiriate to the ea^^c of a contract, which the same treatise defines as a mutual 
 promise. A few jiage-- furtlier in that treatise, the following is stated as "a rule which 
 iroverus the construction of all contracts": — 
 
 " Whatever is oxjieeted by one side, and known to be so expected by the other, is to bo deemed a 
 part or coiiJiiion uf Ihu conlract." 
 
 This rule Ilcr Majesty's Government submit to be judged by. Even if it were 
 admitted (as it is not) that Mr. Bancroft has shewn what amounts (in the phraseology of 
 Dr. Taley) to an expectation on the side of the United States, he has entirely failed to 
 shew on the other .side (tlial of Her Majesty's Government) a knowledge of the existence 
 of that expectation. On the contrary, Her Majesty's Government have demonstrated 
 their necessary ignorance on the point. 
 
 r.2. Sir Bicliard Pakcnham (in bis Memorandum before cited) says (he is writing some 
 twelve years after the Treaty, and he speaks therefore in guarded phrase, but his 
 testimony is clear) : — 
 
 " [ think I can safely assort that the Treaty of loth June, 1840, was signed and ratified without any 
 uiliinalioii In us Mhat^^ver iiti tlic jiart of llie I'liited .States' Ooveriinient as to the jiarticuliir direction 
 to be L'iven to the liue of Ijoimdary cuuleiiiplaled by Article I of that Treaty." 
 
 V. 
 
 33. It remains to examine tho arguments by which Jlr. Bancroft endeavours to 
 shew that the language of the Treaty points tc the Canal do Ilaro and to that channel 
 alone. 
 
 (i.) Mr. Bancroft refers (page 24) to the concise form of expression by which, he 
 says, in both countries the line was described as the line of the " 49th parallel and Fuca's 
 Straits." Two observations occur: (1) Many persons, including Mr. Greenhow, used the 
 name Fuca's Stiaits to embrace the waters, or at least the southern waters, of the Gulf of 
 Georgia : (2) If, in this phrase, the name is not so understood, then the use of this expres- 
 sion (the 4'Jth parallel and Fuca's Straits) is of no weight in favour of Mr. Bancrc -'s 
 argument ; for the whole question is where the line is to run, which is required to form 
 
 • Al)Ove, iiaragmiili 23. 
 
 t It i«, however, not altogpthcr miiin]icarliatilp, as will appear from the critkain's of another F.nglish author, 
 Austin, LiHtnros on JurispruJence, vol. ii, p. 122. 
 [320] 
 
 Staumrnt. 
 
 F 
 
Slittmrnli 
 
 I 
 
 el 
 
 16 
 
 a tv mcctiiiff link between tlic -lOth i)anilltl and Fuca's Straith (lli.it iiaino licing usoii in 
 tlio modern sense). 
 
 (ii.) Mr. Hancroft snys (pngje 2!i) : — 
 
 " When till' Tiviity spciiks of ' the I'lmniicl.' for tlinl part sfniili aiul wusl of liirdt'tf lia}-, it nuisi moau 
 tliL" Channel nl' Ilaio, I'nr no nihcr 'cluiund' was known tn l\\^^ ni'L'ntiuiori." 
 
 And ho proceeds fo instance maps on wliicli tlio Cnnnl tie Haro and no oilier climiiui 
 is named. This nr;,'niiient assumes that the referineo in the Treaty is necessarily In 
 some named elmnnel. Her Mnjesfy's Government, on the contrary, have suhinitted tlmt 
 the alisenee of any name in the Treaty is slronj? evidence in favour of their eonlenlidii. 
 The fact that the Hosario Straits had no aiiie specially fits tiiat pa>sane to lu' t!.o 
 nameless channel of the Treaty, '{'he Canal de llaro uas eoii'^iiicuonsly named on 
 Vancouver's chart and Wilkes's map. If it had heen intended to he the ehaniul of tin.' 
 Treaty, it wotdd have been ohvious and easy to name it. Mr. liiineroft can scareelv 
 mean (o contend that the Ivosario Straits are not a ehannel, heeause they do not l)i;,r 
 a name of which the word ehannel is part. 
 
 (iii.) !Mr. Bancroft proceeds (page 20) :— 
 
 " A,t;ain, the word ' clianiicl,' wlirn cmi'loyc'il in TiTatii'S, nii'an.s a clc(>ii iiml iiaNiLiaMi' iliiiiuH'l, ai, I 
 wlicn then- are two Jiavii^'able chaniR'ls, by the rule ol' international law, iiielercncc; is to he ;_'iven lu lii.' 
 larj,'est uohinin uf water." 
 
 That the word channel means a navigable channel in Treaties generally, and in the 
 Treaty under consideration in particular, is maintainetl also by Her Majesty's Govern- 
 ment. But they do not admit the existence of such a rule as is here alleged. If 
 navigability is of the essence of a channel, then aa between two channel.s preference 
 should be given to the one which is the better fitted for navigation. Now, at the time 
 when the Treaty was made, at which time it must be read as speaking, the Canal de 
 llaro was almost imknowii to and unused by practical navigaiors. It can scarcely, 
 in the true sense of language, regarded as used at tlwit day, be called a iiavigahle 
 channel. Even at the present day when thoroughly explored and surveyed, it is found to 
 be of (liUlcult and dangerous navigation, especially for sailing-vessels, and only ouo 
 steamer had penetrated into those waters at the date of the Treaty.* 
 
 (iv.) Then Mr. Bancroft says (page 20) :— 
 
 " Xow, compared with any other ehannel ihrouLih wliieh a ship couhl pas.s from the sea at the 
 40lh iiarallel, to the Slrails of Tiiea, the (.'hannel of Haro is the broadest and the dei-pest, the shortest 
 and tlie best With re^'al'd to depth, the euutrast is still mure sliikiiij,' " .... 
 
 But, although depth of channel may be an advantage in river navigation, and may 
 therefore well weigh in the choice of one channel as a boundary in preference to one or 
 another less deep, yet depth beyond a certain limit — a limit perhaps never readied in 
 river navigation — becomes a di.sadvantagc in navigation of every kind, as it lessens the 
 facilities for anchoring, and thus increases the dangers of navigation. The Canal de 
 Haro is an instance. Its depth is so great, that there arc but few anchorages in it, 
 and there are none in the main ehannel ; and with this defect, and its rapid and variable 
 currents, it becomes an unsafe passage for sailing-vessels. The Ilosario Straits, on the 
 other hand, while they are deep encigli for vessels of the very largest class, have many 
 anchorages, conveniently and securely situated ; and at the same time the regularity of 
 the currents in them makes them comparatively easy of navigation. 
 
 
 
 • On th(>.«e jiniiils Iter ATiijesty's Govurnmeiit rtfiT to ti:c evidence in the Appendix to their (Juse, prcseuU'J 
 to the ;\rl)itiator in Dccemlitr 1S71. 
 
 . 
 
l.oii 
 
 ig UHCil in 
 
 I)', It iinist menu 
 
 oUicr clinmul 
 iK'Cfssarilv III 
 iilimiltfd tlint 
 
 r ('onlciilinn. 
 
 y- to 1h' t!;o 
 
 •ly iiiiiiH'd III! 
 
 liimiil of ilu. 
 
 t'jiii scaivilv 
 \ ili; not Iiii.r 
 
 lie cliaiiric'l, at. I 
 1)0 I'ivuu Lu 111,' 
 
 y, and ni the 
 ty's Oovein- 
 ! allc'j^ed. If 
 Is j)refi'r(.'iR'o 
 , at tlic linio 
 tlic Canal do 
 can scarcely, 
 a iiavigalilc 
 it is founil to 
 md only one 
 
 1 llic sc;i at the 
 -■St, tliu sliinttiit 
 
 ion, and may 
 ICC to one (>r 
 er readied in 
 it lessens the 
 rhe Canal de 
 oragcs in it, 
 and variable 
 traits, on the 
 s, have many 
 regularity of 
 
 Cusp, pre^euteJ 
 
 17 
 
 (v.) Mr. Bancroft further Hnys(imgc20) that tlic Canal de llaro is " tlie sliortest and 
 most direct way between the imrallel t.f ir and Tuca Strail.s." Dut there is nothing in the 
 Treaty to show that the line hctween the I'.dli parallel and the Straits of Fuca is to he 
 run hy «l\at may now he held to he the shortest and most direct wav. '!"he line is to l)c 
 drawn hy the channel of the day, the ordinary anrl frequented iiavi;;aiile ehannel. 
 
 (vi.) i\fr. Hnneroft, in favour of the Canal de Maro.snys (page Ji'.i •■ Dullot de MofriiH 
 deserihes it as notoriously the hest." From this and other r.'ferencea in the Memorial 
 to this writer, it might he .supposed that he was entitled to hinh respect a< an aiitiioritvon 
 the hydrography and navi','ation id' tiie regi(tn. The fuel is. Ik- was attaeheil to ,a 
 European I.e^'ation in Mexico in 184(M2. and was sent thence to report on the Oregon 
 di.-lriel and iieighhouring countries. In his account he says, with re-.ard to the dilliculty 
 (.r navigation of these waters, that the Canal de llaro is " le jiassago le jdus facile." 
 He "as not a naval officer, and nppears to have heen employed solly in a civil capacitv. 
 Mr. .\rchiliald Campbell, after <iuoting the passage in which the (d)-ervation refcrrt'd 
 to iiy Mr. ]?ancroft is made, says: — 
 
 ".■\!iil tlii.s npiiii.m li,. [Iliiiti.t. ch' ^^l.rl■as] must Imvo (KTivo,! frnni tlin ..'oiu'imI ii'|MMt i.f lli(..=i' 
 engiip'd iii tiie nuviL;atinii nf ilm.so waters, as his (iwu cxi.lnraiioii.s an; (jdii.-i'icivd \cv\ sii| rili.'i.il." 
 
 It is plain that he has no personal authority on a question of navigation. 
 
 (vli.) Mr. Hancrott contends (pages L'7 and 21»), that the Canal de llaro i> the only 
 channel which separates the Continent from Vancouver's Island ; that there are oIIht 
 passages which divide islands from islands, hut none other separates tiie C(mtiiient from 
 Vancouver's Island; and that the I'o.sario Straits touch neither the Continent nor 
 Vancouver's Island. Ihit Her Majesty's Covernment submit tli;if, even if the piv-eiit 
 slate of knowledge is to he taken into account, the distinctions lure attempted arc not 
 tenable, as the maj) attached to Mr. Uancroft's Memorial shews. The IJosario Straits are, 
 by the evidence of that man, in the respects here mentioned, as much cnlitlcd as the 
 Canal de llaro to be regarded as the dividing channel between the Coutiiuiit and the 
 Island. But the (piestion must be referred back to the time of the Treaty, and then tlie 
 Rosario Straits will be the dividing channel, as being the ordinary track of vessels p;issiiig 
 up nnd down on the waters lying between the island and the main land. 
 
 (viii.) Mr. liancroft (page 27) founds an argument on the word southcily ; but as to 
 lliis expression, there seems little room for discussion. It is evidently used in a huge and 
 loose sense, as contrasted with a line carried west Is to the Pacific, or deflected! north- 
 wards up the Gulf of Georgia. This is the more evident v.ben it is observed that, on a 
 strict construction, the word is a])i)lied to the continuation of the line through the Straits 
 of Ftica, where its direction would in fact be westerly, or even in part north-westerly. 
 
 (ix.) Mr. Bancroft further says (pagn 28) : — 
 
 " The Treaty contoinjilatos a continuous channel to tlu- Pacitic ; the chaimi'l of Haio nml I'lica's 
 Straits foria such a continuous cliannel, and a glance at the map will shuw that no other eliaiiuel t:.n 
 preteml to do so." 
 
 Mr. Bancroft's map speaks for itself; it is diillcult to sec on it a higher degree of 
 continuity in the Canal de llaro than in llosario Straits. In fact, the waters passing 
 southerly through the Rosario Straits arc derived from the Gulf of Georgia alone and 
 uninterruptedly, while the Canal de llaro is in the southerly direction supplied only 
 partly and indirectly by the waters from the southern termination of the Gulf of Georgia 
 and partly and more directly from the waters flowing through the pasisages between 
 Vancouver's Island and the archipelago off its eastern coast. This is obvious on the 
 map, and is confirmed bj observation. The flow of an uninterrupted body of water from 
 the Gulf of Georgia through the Rosario Straits causes a marked regularity of current in 
 
 i'Ulriiirni, 
 
 .^"^^^^ I 
 
Suinvtn! 
 
 18 
 
 that jmHsajjc; wliile in tlio Oannl dc Hiiro, on llic contrary, the currents arc irre;>nlnr, tho 
 waters IIo«in;; into it lioin-; linilun anil ilisperscd by the islands in and near itH norllicrn 
 entranct'. 
 
 .%.) Mr. I'liincrort labours tlie jxpint ipajjo L!S) that the name Kosario Straits Ha.s 
 not f-ivcn till of late to tiie channel through wliich Vancouver sailed. Her Mnjrstv's 
 (loMinnicnt ore not concerned to dinpute tiii^. Mut they have not invented the nonii' ot 
 Ko'-nrio Straits las Mr. Iliiicrori scorns to think) for the |)ur|iosos r)f the |)rcsent (liscus>ioii. 
 .\lr. .\n'iiiliaid ('aiiipiidl ^i^(.•s a history of llie names home at diircrcnt times by tLi.- 
 channel, eiulin<^ thns : — "It is now [li^Jlt] universally called Rosario Straits." It is, in 
 fad, called so over anil (iviT ajiain in United States' ollicinl documents, and it had been 
 named Kosario Strait on the map of the I'liiteil States' Coast Survey (by Jiieut. AKIcii, 
 U.S.X.), published in IS.') I. 
 
 (xi.) Lastly, Mr. Ihmeroft says (pajje 'Jl>) :— 
 
 ■' N'nu- tbi; .''M-ciiUcil stniils ol' lidsariii Iniil niily U> a SimnJ, wliicli Spaiil.sb voTaj,'ur.s rullcd iho lav 
 iif Siiiiii i;"sii ; liny il.) imt cuimuct villi Fufii'a slrain, \(.l.ii.!i ctaae at Um suuth-uudtciii jTumuut jry tf 
 
 ^'alK■||llVl•l■ i<l iii'l " 
 
 Hit .Majtst\"s ( IdVi rnmoiit sulimil that it is plain that Fuca's Straits, even in the 
 more mml. ni and re^tiicletl sense i.f that name, extend to the western coast of Whidbcv 
 I.sland. Formerly, they used to be con^ideied, at least by many ]»cir.ons, includini; 
 Mr, (Jrcenhow, ns sweepinj,' niuiul to the north and north-west, tbrounb the archiijcla^o 
 wbich lies betwi-cn the Canal tie Ilaro and liosario Straits, and as ineludiiij; in their 
 waters Ijotli those passauis. On (^)iiimp(r's map, indeed, the easternmost part of tiie 
 Straits is marked Siiid do Saiila l!o-a. lUit that mM]t the earliest extant) is a veiv 
 impi'rfiet re])iisentation of the liuul and water of the district, and the name of the Buy 
 of Santa Uosa never appears a^ain on any map known to Her Majesty's (Jovcrni .ont. 
 
 ,1t. In connection with this branch of tlie subject Her M.ajcsty's riovernment desire 
 to ;;uaid a^ain^t an error that niij;bt be caused by the map attached to Mr. I'ancrofrs 
 Memorial (^vliidi may lie taken as a sample of the most modern maps). This nui)) 
 represents a slutc of i;eoj;raphieal and hydro<;raphical knowledj^e, very dilferent from that 
 which existc'il at the date of the Treaty. In one respect tliis eonsideratiim is of rrrcnt 
 importance. Tin; inlands shewn on this map, formin;^ a chain aloiij^ the eastern c<ia--t 
 of Vancouver's Island, named (Jaliano Islaiul. Mayne Island, Samuel Island, and Satiirim 
 Islaml, were at the date of the Treaty supposed by both the Contractin;^ Parties to ho 
 |)arts of \'ane(iiiver's I.sland. A comparison of maps of the date of the Treaty with 
 maps of the present day will shew this coiidusively. Her Majesty's Government adopt 
 the words of Mr. Archibald Campbell : — 
 
 " Xone i)f tlifi iii;ii>3 pxtaiit at lliat diiy [the date of tlm Treaty] proseiit a pnrfcintly correct idea of 
 tlie .spai'c Iielwci'ii lliH cniitiiii'iit iind Viiiiiimvfi''s l;-liuid,iit, uiid iiMiuudiatcly suulh of, tlio -I'Jtli i)arallfl. 
 'Dm Siiaits ol' t'lua luid the Anliiprlau'o i msI of lliu (.'aiml de lluro arc fairly eiiout,'li represented; 
 but 1h!Uvc(.'1i tliu Ilaro Ari:lii|n.'la.:,'o and the I'.Hli jiarallul, the spui'u is iiiaccuraltdy r(']irusented as I'rff 
 from i.^laiitls, .Tiid. cuiLsi'iiuciilly, with but a siii;,'U! cbaiiiicl bctwiiea the coiiliiiuiit and Vancouver's 
 I.sland. TliM survivs nimk! .siib.sii|iicntly to tbi; (Mindnsion of the Treaty show that what was laid 
 down Iiy tlio early [Spanish iiaviu'atoM, by Vancouver, and by Wilkes, a.s the eastern coast of Vaiicoiivei'a 
 Island, is in fact Ihc coast of an extensive aruhipclufjo skirling,' the shore of the main island between 
 laliiudt! 4,S' 47' and -10' 10'." 
 
 Kow Her Majesty's Government submit it to the Arbitrator as a clear proposition 
 that the Treaty is to bo interpreted according to the common. knowledge and under- 
 
19 
 
 iirc<;iilnr, the 
 u- its imrllicrn 
 
 Slniits HflH 
 lor Maiistv\ 
 
 1 llic iiniiii' o: 
 
 .'111 (lisC'USsi(i|l. 
 
 liiiu'.s \ty tLu 
 
 IH." It is, in 
 
 111 it liati licon 
 
 liioiit. Aiclcii, 
 
 •s pullod the iiaj 
 II jTuiuoul iry t.'. 
 
 s, even in tiic 
 -t of Whiiliicv 
 >ns, includiiii: 
 11' Jirclii[i('liifrii 
 iidin;; in their 
 t part of tile 
 mt) is a \vr\ 
 rnc of tlic I'liv 
 pveni! cnt. 
 
 rnmcnt dcs-irc 
 Jr. I'nncrotVs 
 i). Tiiis niaiJ 
 rent from that 
 un U of ii;r('at 
 
 eastern coa?t 
 I, and Satiiriiii 
 
 Parties to Iw 
 ■ Treaty with 
 irnmcnt adoiit 
 
 cnrrpct idea of 
 10 41)th paialkl 
 1,'h rei)rescnted , 
 lesoiitod as I'm' 
 11(1 Vancoiiven 
 . what was iaiJ 
 t of Vaiicouvt'i'S 
 
 i.shiud liiitween 
 
 ir proposition 
 ■e and under- 
 
 standi nff of the Contraetinff Parties at the time.* Therefore, in iii'oI(in<,'inj( tlio 40th 
 imrullei to the middle of the channel hetween the Continent and \'aiieoiiver'H Island, 
 and in drawing the mid-cliannel line Koiitiierly therefrom to Fiica's Straits, the Arldtrator 
 will have to consider the channel, at nnd immediately to the southward of the 4l)th 
 pnrnllel, as hounded on the west, not Ity the eastern coast of Vancouver's Mand, as now 
 ttscertaiiu'd, hut hy the hmken line of coasi, which is in fact formed iiy the eastern 
 shores of Oaliano Island and the other islands of that chain. 
 
 !\'i. With reference to maps, another distinction re(|uires n..tice. The map spoken 
 of as Wilkes':* Map of the ()ref;on TcrritTy (an extract of wliieh is Mr. IJancroft's 
 Map V) is merely a nmp, in the ordinary sense, and is not a chart with soundings 
 marked or otherwise adapted fur purposes of navigation. f 
 
 .'»(). Mr. ihincroft sjteaks (page 2H) of the place of a particular name "on every 
 map used III) till' iifijoliiilors." Who are meant liy the iicgotiiitors does not appear. In 
 the ordinary sense, the negotiators were Mr. I'akenliam and .Mr. IWiehan.iii. There is no 
 evidence known to Iler Majesty's Government of any particular map, or of any map, 
 liaving heen used for the purposes of tlie negotiations which issued immediately in the 
 Treaty. There was a map heforc Mr. i'^verett and Lord Aherdeen in one of their 
 conversations,! hut what map does not appear. Mr. MacLane, it would seem, used Wilkes's 
 map.§l)Ut there is no evidence that he and Lord Aherdeen together referred to that or any 
 ether map. As regards lionl Aherdeen himself, he prohahly used Vancouver's chart, 
 hut it would rather seem tliat he did not g.vc much attention to a map in the matter. 
 In his instructions to Mr. l'akcnham,l| he nuikcs a slip in using the name of King 
 Kcorge's Sound, nn olisolete name for Nootk.i Sound, instead of the Gulf of Georgia;^ 
 .ind, in his statement to Lord Joiin Uussell in IS.'i!),** he says it was tiie intenliim of the 
 Treaty to adopt the niid-chaniui of >.ie straits as the line of demarcation, without any 
 reference to islands, the position and, indeed, tlie very existence of which (he adds) bad 
 linrdly at that time heen accurately ascertained. 
 
 37. Finally, it should he noted that the fact that the Canal de Ilaro has long borne 
 ^ proper name on tlie maps is no evidence of the superiority of that passage for purposes 
 
 Siiitvinntl. 
 
 • Mr. naiieroft ^xya (]i.i(;e ft) :— " Siiici' tin" intiMition of llie iii';;()li.itnrs must rost i}ii iln^ kiiowloJjje in lluir 
 I iisscssioii at ll.i? time wlion tliu 'I'niily wa< iiiudi', I >li;ill iisi' llio i'l;;irls iiiid cxiiUir.iliiiris vvliirli liuvc u(!vaiici'(l,or 
 I'rnt'ess to liavo .idv.iiicii!, our kii().\l(' \ic of the coimtry in qiiostion, nnd wliidi re antcri ir to tluit dale." 
 
 t There wan no chart is'iicil wiili the Narrative of llie I'liiled Stales' Kxplorinfr Exp'MJition, under 
 Lieutenant Wilkes, as part of the atlas connected with it. (jr nt!iertti>e. Indeed, no cl art >hewin;j the surveys of 
 iiiat Dxpeditiou in tlie Oiefjon region apuears to li.ue liciMi puldi>hed n;i to tiie lime of the correipondenco between 
 Mi. liaueruft and Lord I'alnier.-aon in July lo November 1848, Apjiindix No. 4. 
 
 I .Above, parsgrapli I'J (viii). 
 ^ Above, para^rapli 19 (ii). 
 
 II Historical Nolo, p. xii. 
 
 ^i Mr. Archibald Campbell remarks on ihls point: — ''Lord .Aberdeen in tracing the boundary biie follwos 
 me 4yth parallel to the sea coast ami drIlectH 'thence in a >oi"lierly direction through the centre of King 
 i.'-'iirge') Sound ami the Siraits of I'uca lo the ocean.' On eiiler of the accompanying tracin^^a, and hideed 
 upon any map of ihe north-west coast, we may bjok iu vain for 'Kin;; Cn'orge's .S.iuiid ' between the Continent 
 and Vancouver's Island. This mistake is not so reulily accounti d Uir as Mr. .Mael.anc's in regard to Birch Hay, 
 .•\s the name is noivlicre to be foinid on Vancouver's chart, which is said to have been used by the Hritisli Ciovero- 
 nirnl in reference to the water boundary. 'King CJeorge's Sound' ia the name that was given in 177S, by 
 Captain Cook, lo Noolka Sound, on the western coast of Vancouver's Island, between latitude 49° and aO". The 
 i.ame was nc r much in vogue, except to distinguish a mercantile association formed soon after the discovery of 
 N'oolkn, caPc ho 'King George's Sound I'onipanv.' There is, howevei, no nceil of conjecture as to Lord 
 Aberdeen's ." jal meaning. Me simply miscalled the Gulf of Georgia." 
 
 •• Appendix, No. I. 
 [3-20] 
 
 G 
 
 alidit'l 
 
Siatemcnt. 
 
 20 
 
 of navigation. It would seem to have been accitlcntali)' distinguished by a name, 
 ])efore and at tlic date of the Treaty, from tlic circumstance tliat it obtained a name 
 (Canal do Lopez de Ilaro) on the Spanish -.nap of Quiniper's observations of the Straits 
 of Fuca in 1790.* 15ut it was little known except byname at the date of the Treat v 
 and for some time after. 
 
 38. Her Majesty's Government have non finished their examination of JMr. Bancroft ^. 
 ^lemorial. They do not trouble the Arbitrator with any remarks on such ])arts 
 of it as refer to tlie Lecture or Pamphlet of Mr. Sturgis, the observations of Mr. Bates, 
 the articles in the Quarterly lieview and tiie Examiner, and other matters wiiicli sccni lu 
 them to have little (if any) bearing on the (piostion to be decided. The interpre'iiidn 
 of the Treaty cannot be affected by the public discussions which preceded it, nor cai; 
 any amount .'^ unofficial declarations as to what ought to be done be evidence of what 
 the Governments of tlic two countries intended by tlie Treaty to do. 
 
 39. Nor have Her Majesty's Government thought it necessary to examine in dotnii 
 the passage in the ilomorial (page 23) whicii is headed " I'lea for tiie integrity of Sir 
 Robert reel's Ministry," or the corresponding passage (page 31) whicli forms the concludinr; 
 paragraph of the ^[emorial. Her Majesty's Government see no necessity for any sucli 
 plea, and no ground for the sug^^ostions in the passage last referred to. The charactcr> 
 of Sir Robert Peel and Lord Aberdeen place them beyond suspicion of having acted with 
 insincerity or duplicity in any part of this transaction. Moreover, the frankness witii 
 which Lord Aberdeen communicated to Jlr. MacLane the project of Treaty, in which \h\ 
 mention is made of the Canal de Haro as the channel througli whicli the boundary should 
 run. sufliciently shews tliat Mr. MacLane had no sure ground for his surmise that theCanai 
 de Haro was contemplated by Lord Aberdeen as the boundary channe!, or, at all events, 
 was so at the time when Lord Abetueen framed the project of Treaty. 
 
 40. The Arliitrator will not fail to observe that the explanation given in this Statement 
 of the mention l)y Mr. MacLane and Mr. i;ent(m of the Canal de Haro, far from involvin;: 
 any ilishonouring imputation, is entirely consistent with the view, which Her IVfajesty')- 
 Government sincerely er.tertain, that Mr. MacLane, and all those who in any decree 
 represented tlie United Slates on the occasion of the Treaty, acted with perfect good 
 faith. ^Ir. MacLane, it seems almost certain, misled liiniself by a misapplication d! 
 Wilkes's map, and Mr. Benton was misled either by Mr. MacLane's letter, or hv a 
 misapplication of his own geographical knowledge, or by l)oth. 
 
 41. Ilcr Majesty's Government then submit to His Majesty the Arbitrator, on thi 
 wliole case, tliat, whether he looks at il^ "cneral position of the two natioi.s wit!, 
 reference to tlieir claims to the Oregon district, or at the circuni'-tancei attendinir the 
 
 • A copy iif tliis map wn3 not in tlie possession of Hit M;iji'sty"s (lovcrnmoiit at iho liino of tlie preparation < •' 
 their Casp presented to llio A riiitrator in December 1871. 'I'liu mnp, wliiel' „,., ■« to be tlic result of mere cv'- 
 tketelies, is of small value in itself. It describes itself as made by tiuimper's " primer piloto" (first male, or master). 
 Dun Gonzalo Lopez do Haro. This fact may account for the prominence given to the channel bearing the name 
 of ll.iro. I5ut iin'e moie than the southern mouth of the channel is ahewu. The soulliern lutrauce of Koaurw 
 Straits is Indistinctly shewn as Boca de Kidulgo. 
 
1 by a name, 
 
 )tained a name 
 
 of the Straits 
 
 of the Treaty 
 
 ' Mr. Bancroft V 
 oil siicli ])ari« 
 s of Mr, Jklos. 
 which scoiii I" 
 iiitoriirct''.l;()ti 
 ilcil it, nor cin 
 dence of whai 
 
 iininc in dotnii 
 ntcgrity of Sir 
 the concliuliiif: 
 y for any sudi 
 Tlie character^ 
 k'ing- acted with 
 I'rankncss widi 
 ty, in which no 
 oiindary should 
 that the Canai 
 , at all events 
 
 this Statement 
 from involving: 
 Her MajcstyV 
 in any degrct 
 1 perfect s'O'"' 
 ^application n! 
 letter, or by n 
 
 itrator, on (hi 
 
 natioi.s witli 
 
 attending tlu' 
 
 tlio piTparation i ' 
 Dsult of nuTc pyr- 
 it mate, or mastrr). 
 1 bearing tlie iiarof 
 itraiicc uf Uusurio 
 
 21 
 
 particular transaction which issued in the Treaty, or at the language of tiic Treaty, he 
 «iil be led to adopt the conclusions of Her Majesty's Government. 
 
 42. His Majesty the Arliitrator has been pleased to take on himself to ascertain the 
 cliannel ol the 'I'rcaty, on the failure of the Commissioners appointed by the two Govern- 
 ments to agree. In the execution of this task, he has to look at the state of tilings at 
 tiiey existed at the time of the Treaty. He has to determine tlirougli wiiicli of the 
 two chanmls the Rosario Straits or the Canal de Haro, (be line ought to have been 
 drawn by Commissioners appointed for the purpose the day after tlie exchange of the 
 ratifications. 
 
 4:>. 'i'lie considerations, connected with the hydrography of the region and with the 
 lii'-torv and existing conditions of tlie navigation of its waters, on which, as Her Majesty's 
 (JoveviKiu'ut siilmiit, this determination cannot fad (o be in accordance wit'i their 
 rciiclusions, are fully set forth in the Case presented by them to the Arliilrator in 
 Decemlicr 1S71, The channel of the Treaty is tliat one of the two channels in question 
 which \\as the main r.avigalile channel, as known and used at the date of the Treaty. 
 That channel is the Kosario Straits. 
 
 ?t;itii'.ii'iii. 
 
i 
 ill' 
 
11 1 S T R 1 C A L N J^ i: 
 
 (181f!> to IH-tO.) 
 
 [320.1 
 
 H 
 
 Jl 
 

Ilisldiical N< tc* 
 (1818 to 1846.) 
 
 1818. 
 
 IN 1P18 nn aftTccmunt was come to ijctwocn tlie Government of His Britannic Hlsioriunl Note. 
 Majesty anil that of the United States respecting- the botuitlary line between tlie British i8is-ih24. 
 and United States territories in North-Western America. 
 
 It was agreed in suljstancc that for the space extending from the Laico of the Woods 
 westward to the Rocky (then called the Stony) Mountains, tlic boundary line should be tiie 
 4'Jtli ])arallel of north latitude. 
 
 AVitli respect to any country that might he claimed by either party on the north- 
 west coast, westward of the Rocky Mountains, it was agreed that for ten years the same 
 with its harbours and the navigation of its rivers should be free and open to the vessels, 
 citizens, and subjects of the two Powcns ; witli a proviso that the agreement was not to 
 prejudice any claim >vhich either party might have to auy part of that country. 
 
 This agreement was embodied in a Treaty math' at Fiondon, •JUth October, ISlJs. 
 
 The district between the Rocky Mimntains and the Pacific, or part of it, came to be 
 known as Oregon or the Oregon Territory or district, the name being talien from the 
 Oregon River, now usually calleil tlio Columbia. 
 
 Tlie northern boundary of this district, as it was iu (luostion between the two 
 r.ovcrnmcnts. was the pi'rallel of 51" 40' north latitude, being the soulhern boundary of 
 the Russian territory, as recogni/ced by Treaty. The southern boundary was the parallel 
 o{r2" north latitude, being the northern boinulary of the Spanish territory, as recognized 
 iiy Treaty. 
 
 The British Plenipotentiaries who negotiated the Treaty of 181S acceded to tiie 
 arrangement relating to the country west of the Rocky Mountains in the hope that by 
 tluis leaving that country open to the trade of both nations, they substantially secured 
 every present advantage, while removing all jirospect of immediate collision, without 
 l>rcc!uding any farther discus.^ion for a definite settlement. In their judgment the 
 American Plenipotentiaries were not authorized to admit any territorial claim of Great 
 I'-ritain in that quarter to the southward of the Straits of Fuea, although they would have 
 consented to leave those straits and the waters connected with them in the po.ssession of 
 Oreat Britain. 
 
 1824. 
 
 In 182-i negotiations were resumed for tlie settlement of questions between the two 
 nations, including the question of the boundary west of the Rocky Mountains. 
 
 The British Plenipotentiaries contended for the right of British subjects to make settle- 
 nients in the disputed territory, a right which they maintained was derived not only irom 
 discovery, but also from use, occupancy, and settlement. 'I'liey proposed that Article III 
 
u 
 
 Hiitorical Note, of tlic Treaty of London of 1818 should cease to have clFect, and tliat the boundary line 
 1S24-1842. >vost of the Rocky Mountains should be drawn due west to the point where the 4!)th 
 parallel strikes the great north-easternmost branch of the Oregon or Columbia River, 
 marked on the maps as McGillivray's River, thence down along the middle of that river, 
 and down along the middle of the Oregon or Columbia to its junction with the Pacillr 
 ' )cean. 
 
 The proposal of tlie United St.ates' Plenipotentiaries was to the ofloct that the tcim 
 often years limited in Article III of the Treaty of 1818 should he extended to ten yciirs 
 from the date of a new Treaty, but that the rights of settlement and other rights shoulii 
 be restricted during the new term, so th.it the citizens of the United States should fi)rm n^ 
 settlements to the north of the 41}ih ])aralk'l, and that IJrilish sulijects should form im 
 settlements to the south of that parallel, or to the north of the 54tli. 
 
 Terms were not agreed on, and the Conference came to an ciul in Jidy 1824. 
 
 1826, 1827. 
 
 In November 1826 negotiations were again resumed. 
 
 The United States' proposal was, that if the 4'jth parallel shoidd be found to interse'l 
 the Oregon or Mc(«illivray's River at a navigable point, the whole course of that rivoi 
 thence to the ocean should be made perpetually free to British vessels and subjects. 
 
 The British Plenipotentiaries were authorized to offer tliat if the United States woulJ 
 consent to the Columbia being the southern British frontier, the United States shouKI 
 have the harbour in De Fuca Strait, called by Vancouver, Port Discovery, with land fivi 
 miles in breadth encircling it. 
 
 Should this otter not fully satisfy the United States, the British Plenipotentiario> 
 were then authorized to extend the proposition, so as to include the cession by Great 
 Britain to the United States of the whole peninsula comprised within lines described by 
 the Pacific to the west, Ue Fica's Inlet to the north, Hood's Canal (so called in 
 Vancouver's charts) to the east, and a line drawn from the southern point of Hood's 
 Canal to a point ten miles south of Gray's Harbour to the south, by which arrangement 
 the United States would possess that peninsula in exclusive sovereignty, and wouM 
 divide the possession of Admiralty Inlet with Great Britain, the entrance being free to 
 both parties. 
 
 The negotiations ended in a Convention dated Gth August, 1827. This Convention 
 continued Article HI of the Treaty of 1818 indolinitely, but with power to either party 
 to put an end to it on twelve months' notice (after 20th October, 1828). 
 
 The Convention also contained a saving for the claims of either party to any part of 
 the country west of the Rocky Mountains. 
 
 I 
 
 1827-1842. 
 
 Negotiations on the Oregon question remained in abeyance until the special mission 
 of Lord Ashburton to the United States iu 1842, when he received the followinjf 
 instructions on this subjecL : — 
 
 "Your Lonlsliip may, tlir-rcfore, prnpnac to tho Oovonimnnt nf tlio Unitcil Ptatos, as n fiiir on-l 
 equil.ilile ailjustuiLMit of their [llic two Govoriinii'iits] n'sjicotivc cliiinis, a liiK! uf liuiindiiry comiiioiirin;.' ;it 
 the mouth of the Columbia Itiver; tlicncc liy a line drawn alonj; the miiUlle of tliat rivor to its point uf 
 conilucnco with tiio Great Siiako Ifivtr; tlu^nco tiy a linu carriud due oast, of tliu Uocky or Stony 
 Mountains ; and tlionru by a lino drawn in a norlliorly direction along liio .'iaid mountains until it 
 strikes tho 49th parallel uf north latitude. The soutboru bank of the Columbia Itiver would thus I'e 
 
boundary lirn.' 
 hero tlie 4!)th 
 ilunibia River, 
 B of that river, 
 -ith the Pacific 
 
 that tlie tcr!i\ 
 (1 to ten years 
 r rights should 
 should form no 
 should form tin 
 
 y 1824. 
 
 nd to intersci't 
 
 ; of that rivoi 
 
 I subjects. 
 
 hI States would 
 States should 
 with land five 
 
 enipotentiarics 
 sion by Great 
 ! described by 
 
 (so called in 
 [)int of Hood'3 
 h arrangement 
 ty, and would 
 
 being free to 
 
 lis Convention 
 either part} 
 
 to any part ol 
 
 special mission 
 the followiri'; 
 
 tcs, as a fiiir an'l 
 y comniencin;.' al 
 er to its point of 
 Uocky or Stony 
 )uiitains until it 
 r would thus le 
 
 184.>, 1843. 
 
 left to the Americans and the nortlieru bank to the Kn,i,'lisli, the navit;;Uion of tlio river liein;,' free to Historical Nuie. 
 liotli, it hi'ing understood tliat nidtlicr ]iiirty slimild Inrni any miw .seUlrnicnl williiii the limits 
 ns.-iigncMl to each on tin ...uth or sonlh sidi' ol' the river ri'spcctividy. 
 
 "Should your l.ordslii]) lind it iin|irai'liriilile to obtiiin ihn line of hunndiirv ul«i\e ilcscrilicd, Her 
 Majesty's flovernnuMit wonld iiol rcl'ns(! tlicir ussml to a lini' ol 1 (aindavy coiiinii'ni'in;,' at tlie l!oi liv or 
 Stiiny ^[o^1nlains at the iioiiit wiirro the I'.Hh paiallid of laatli liitiludc striki's (hose nioiintaiiis ; lluinee 
 alon;^ ihiit jiarallel to tlu^ point where it siiikcs tho j.'vral noiili-caslcrnniosl lnatirh of tlie Cnliiiuliia 
 lliver, niarkeil in tlie inii]) as JIc(Iilli\ i-ay's lliver; llieiice down the middle of tliat river and down the 
 middle of the. (,'oliiniliia Uiverto its Jninlioi! wiihihi' oimmu. Hut youi' Loid-^hip will reji'ct the ]iroposal 
 finneity made hy the Anieriean (lovernuienl, imase ii should he v.'|ii'aied.of fdlowini; the -t'.ith ])arallel 
 of latitude fidiu the lloeky Mountains to the Oeean, as the iMniiidaiy i^l' the leiiiliay ol'thc! two States. 
 
 "If the ( lovei'Unielil of the I'liited Stale-i should refuse the |proposed eoiuploliiise, allil should 
 neverthidess deleriuine to annul the Ccaixculioii of |SJ',", the liiihts of the iiritish Governinent to the 
 whole of the teiiitoiy in dispule luust he eoiisideied as iiuiiupaiied." 
 
 This mission resulted in tlio Treaty of Washiiieton of 9th Aii;;ust, I84lf, which 
 contained no arrangement respecting Oregon. The main rci'snu tliat induced Lord 
 Asbburton to abstain from jiroiJO-siiig to carry on the discussion on this siihjcct was 
 the apprehension that thereby the settlement of the far more important matter of the 
 North-Eastern boundary might be impeded or exposed to the hasard of failure. 
 
 1843. 
 
 In August 1813, 1 Fox, Her Majesty's Minister at Washington, was asked whether 
 the United States' Covernment weue taking any steps in furtherance of the Oregon 
 IJoundary negotiation, niid to state that Her Majesty's Government were willing to 
 transfer the negotiation to Washington sbouhl the L'nited States' Government object to 
 London. 
 
 In October instructions were sent to INfr. I'^verott, the United States' Jlinister in 
 J;ondon, to treat with Her Majesty's Government for the adjustment of the ]5oiindary. 
 In the meantime Mr. Pakenliam had been appointed Her Majesty's Minister to the 
 United Slates in succession to Air. I'ox. Ik'fore bis appointment bad been gazetted, 
 Mr. Everett inibrmed Lord Aberdeen orally that be had received powers to negotiate the 
 Oregon question in Lond(m. Lord Aberdeen, however, stated to him that a new Alinister 
 had already been appointed by Her Majesty to negotiate at "Washington. 
 
 In consequence of this aria:;gement the negotiations were removed to AVasbington, 
 and Mr. Everett stated in a desiiatch to his Government* that he would use hi • best 
 etforts to produce such an impression on Lord Aberdeen's mind as to the prominent points 
 of the question as might have a fivourahle iulluenee in the preparation of the instructions 
 to be given to Mr. I'akonham. 
 
 In an interview with liord Aberdeen. Mr. Everett urged that the boundary shoidd 
 he carried along the 4l)th |)arallel to the sea. Lord Aberdeen said that this proposal 
 had been made in 1821 and ISi'liand rejected, and that there was no reason for believing 
 that this country, more than the United States, would then agree to terms which bad 
 been previously declined, and that consequently there nmst be concession on both sides, 
 on which principle Lord Aberdcn expressed himself willing to act. 
 
 In December Mr. Pakenhani was authorized to re-open negotiations at "Washington 
 on the Oregon question. He was directed to make substantially the same proposals 
 for the settlement of the boundary as had been nuide by (ireat Britain in 182(i. 
 
 He was authorized to add, should that proposition be found to be unacceptable, that 
 
 [320] 
 
 * Appi'iidix No. 19 to Mr. liancroIVs Mcmoi-ml. 
 
 UIMUUIiMM,. 
 
ir 
 
 llht.jric::! Xoto. Ilev iliijostj's Covpvninent \*()iilil 1)0 willing to convert into a free port any liarbour, 
 lsi3. 1H44. either on the niainlaml or n A^ineouvor's Island, south of the -lOtii i)ar.illel, wiiieli 
 the United States' d'overnnient niiglit desire. 
 
 Further, if he should think that the extension of tlie privilege would lend to the final 
 adjustment of the question, he was authoii/.ed to declare that Her Majesty's Goveinuieiit 
 would be willinji' to make all the ports within l)e Fuea's Iidet and south of the *llHli 
 parallel, free ports. 
 
 Should these proposals he reiccted, he was then to propose that the «lu)le (juestion 
 should he referred to the arbitration of a friendly Sovereij;!) State. 
 
 In the event uf the United States' fiovernnient refusing;; to njjree to arbitration, 
 he was then to propose that the Treaty of ISlS-'JT shouM he renewed for a I'uither perio(| 
 of ten years, 
 
 in the event of negotiations being broken off, he was then to declare to the 
 United States' Government that Her Majesty's Goverrunent still asserted and would 
 maintain an equal right with the United States to the occupation of the whole of the 
 territory in dispute, and that as Her Jlajesty's (Jovernment would carefully ami scrupu- 
 lously abstain and cause ller Majes'ty's subjects to abstain from any act which might 
 be justly considered as an encroachment on the rights of the United States, so they 
 expected that the Government of the United States would exhibit and enforce on their 
 jiart an equal forbearanec with respect to the rights of Great Britain, which rights, 
 believing them to bo just. Great Britain would bo prepared to defend. 
 
 i 1844. 
 
 In February, 1844, Mr. rakonham addressed a note to the United States' Secretary of 
 State ])roposing a renewal of the negotiations, which proposal was favourably received by 
 him. 
 
 On 22nd August, Mr. Pakenham received a notification from Mr. Calhoun, then the 
 Secretary of State, that he was prepared to proceed with the negotiation. 
 
 At a conference on the LMitii, Mr. Pakenham laid before Mr. Calhoun the proposal 
 authorized by his instructions relative to a free port either on the mainland or on 
 Vancouver's Island, south of the 4'.)th parallel. 
 
 Tlii.-) proposal was declined by Mr. Calhoun. He afterwards presented a paper 
 (dated September 3) stating his reasons. The ))aper began thus : — 
 
 '• 'I'liu riiili/rsiLiiicl .Viiiciii'un I'lrMiimiriiliaiy di'iliiirs tliL' i>r(iii.is;il of tlic l!i-ili>li I'lciiipntciiliarv, 
 on tli(! ^'rdiiiiilllial it wuuld Imvc tlic i'IUtI ,if n'.^triitiiiL; llir pusses, ions i it the I'liilcil Slati'stii liiiiils I'.ir 
 iMovi; i-iivuiiisiTllirdlliaii llii'ir claiiiis clciirly I'lil itlr tliriii In. It pvniiiws tu limii tlicir nurthcni liuuinlary 
 I'V a liiif diawii finm llic lli.i-ky Mniintaiiis nhnvs tla' I'.Uli parallel n\' laliuide U< the ni>rtli-easU'rniiin.-;t 
 hiaiicli (if the Ciilumliiii iliver. and llieiiee ilowii the middle uf that river to the sea, ,L;iviii'4 to Covat 
 llrilaiu all llie euuniry iierlli.aiid 1o the I'liiled Slates all suulli, of that line, ^'xeejil adetaclied terrilnry 
 exIeiidiiiL; en tlai I'aeilie and llie Strails el' Kiica, liuni I'.iilllineli's llarlmur tu lluud's Canal. Tu wliich 
 it is ].ro|ii).>-eil in additiim to make tree te lli(> I'nited iSlales any imrl wliieli tlie failed States' (levi'ru- 
 lueiil miijlit desire, either (in the mainland or un N'aneimver's Island suuth el' latitude 4'.l'. 
 
 " I'.y luriiini; tu the map hereto annexed, and un whieh the prupusi'd liuundary is markeil in pern ii, 
 it will lie seen that it assiu'ns tu (ireal liritain almust the emire rej,'iun on its nurth side drained by the 
 Cnlundiia Itiver, and lyinir un its northern liaid<. It is nut deena'd necessary to state at larue lln: claim? 
 of the ladled States tu this terrilurv, and the ;,'ruunds un whieh they rest, in order to make ;,'ood the 
 assertion that it restricts the possessions uf the I'niteil ,States within narrower hounds than they are 
 clearly enti, .'d to. It will he sultirieut fur this purpuse tu show that tla'y are fairly I'lititlud to the 
 entire repiion drained hy the river; and to the estalilishment uf this point, the Undersigned proposi'.-i 
 accordingly to limits hi.s remarks al present." 
 
 The paper proceeded with arguments, and ended thus : — 
 
 );i,lt«-.;>AWti»»'.'JMJ^>'W.'».'-»»»*'-''«- ' - ' "-^'-' 
 
any Imvbour, 
 ir.illol, wliich 
 
 (1 to tlio final 
 GovL'iimieut 
 of the -Itttli 
 
 hole (lucstion 
 
 ) arl)i(ialion. 
 urtlici- iicriml 
 
 !clnrc to the 
 (1 aiul wouKl 
 whole of ttio 
 V and stTUim- 
 wlilcli niii;lit 
 ates, so the J 
 orcc on their 
 which rights, 
 
 l>-44. 
 
 i' Secretary of 
 ' received bj 
 
 )iin, then the 
 
 the proposal 
 inland or ou 
 
 ted a paper 
 
 'l('!ii]int('iiliarv, 
 U's 111 limits I'.ir 
 llicni houmliiry 
 I'tli-ciistonuuiift 
 :iviiiir to (ii'tMt 
 luclied UMTJtory 
 ml. T(i which 
 StiiU's' (liivcrii- 
 
 u-kcd in piMuil. 
 (liaiiii'il by ihr 
 hir.nc the (^laiin? 
 make i^cind the 
 tlmn they are 
 inititlud to the 
 ligiied proposes 
 
 "Sucli af.j iiur (iiiiiis |., thai |iniii,,ii nf iho imilory, ami llu; i^'nainds on which they ivst. The llistonc^il Note. 
 rndci'siHiicd liclicvcs thciu to In' well louiMcd, and tnit.s thai the Jirilish I'leniiiu'tiMiliaiT will sw in 
 thcni siiMicieiil rca.-fiin.s why he .shuulil decline Im.m |ii(i|ici>al. 
 
 '•The riidc|-si,i,'Med riciji|inti'i]l imv ahslaiiis, fur the pie^^nit. I'luni )iic:jenliii'.,' the elainn uiiii'h the 
 L'liiled Sliili'.i may h,i\e l.i niher |"i|'li(iiis nl' ihe tcfi itni'v. 
 
 " Tin; L'Mdcisi^iicd, \'c." 
 
 Ill aiiMver lo thi.s .^liitomciit Mr. rakoiihain (lelivcivd a i)a]ier (marked I), and dated 
 Sei)leiiil)or li'; <j1' wliich it i.s .siillieient for the pre.sent purpose to state the coneliiding 
 passa,i;es : — 
 
 " In line, the jire.sent .state (if the (pie'^lidn helweeii Ihe |wn (hiveimnents aiipear.s lo he this: — 
 Cir.i; r.iitain |in.s,ses.>^e.s inal exercises, in cmninii with the I'niied .states, u ri-ht nf juint iiccii)ianey in 
 llic ()rc„'iin Tenitiiiy, of which ri,-lit she can lie divcsteil. with iv.-|iecl lo any ]i,;il nf tli.il Uirilniy, (inly 
 ly an • '|nitalile [lailitiiili (it the whule hetweeli Ihe two i'nweis. 
 
 •■It is, fur (iliviims leasuiis. dcsiialile llml sneh a ]ialliliiin shonld take place as .simn as ii(issil.I(>, 
 and tac dilliculty a]i]ic,ns in he in dc\ i-in,^' a line nf demaicatidii which shall leave In each party that 
 precise pdrtidM (if ihe Uarilniy liesi si.jied in its iuteie.^l and cnnveliiencc. 
 
 '• The llritish (.Invermncnl enlcrlaincd the Impe that ly the ]ir(ipiisal lately snlindiled fur the enii- 
 siderati(.in of the American (lu\cinment, UmiI (ilijcct wduJd have heen acconiplished. A.'e.mlini.' in the 
 HiTanx-lia'tits therein ediilemplated, the Xorthein I'loundary (if the I'niled States west dflhi,. IJdcky Aldnn- 
 taiii.s v.didd, fur a ennsiderahle distance, lie eio^ried ahmi; the same parallel nf latiliide which fdrins their 
 Norlheni hdundary on ihe eastern side nf ihnse nuninlains, tlni.s iniitinj,' the iirc.-eiit l-;asteiii I'lnundary 
 of the ( lic;,'iin Territnry with the Weslei'n I'.diindary df the I'nited Slates, from the -Huli liai.dlcl dnwn- 
 wards. Friim the ]idim Vihci'e the 4'J' df lalilnde intersects the iinith-eastern 1. ranch nl' the ('dlumhia 
 River, called in that ]ian df it.s cmn^.se Medillivray'.s l!i\.'r, the pnipused line df Imnndary Wduld he, 
 aloli,i,'the middle df thai liver till it jdins the Cdlnmlua, then ahaiu' the middiu nf the t'dhnnhia to the 
 (jcean, the naviL,aiidn df the livcr remaiinn.i: per|ntually IVee In Imih parties, 
 
 "In additidli (ireat llritain nlfeis a .separate tenitdry cm the I'acitic, ]iosse.ssin^' an excellent 
 Larbunr, with a lurlher inalersiaiidinir that any puit nr puits, whetlier on VancdU\e/s Island nr on the 
 Coiilint-nt, SdUth nf the dUth paralhd, tu which the L'nitcd .Stales niiyht desire to lia\e access, shall he 
 made free ]idrls. 
 
 "ll is helieved that by this arrair-Temeiit, ample jnslice would be ddiip in the elaiiiis df the I'nited 
 States, (in whatever iirnund advanced, with relalido in theDri'LTdn Terriidiy. A.s regards extent (if 
 terriliiry th 'V wiuild nblain, acre fur acre, nearly half nf the enlire terrilmy to be' divided. As relates tn 
 the navipilidii of tin; principal river, they wmdd enjuy a perfect eiiuality ef rij,dit with Gieat I'lritain ; 
 and, with respect Id harhdiu^s, il will be seen llial tireat Jhilain shows e\ery dispdsiliun lo eonsull llieir 
 eouveinenee in that particular. 
 
 '• ( )u the dlher hand, were ( ueat T.iilain Id ab.mdon the line nf the (.'olumbia as a frontier, and to 
 surreiLilei- her riijht to the naviLjalion nf that I'iver, the pi'ejudiee, dceasidiual to her by such an arraiii-'i!- 
 meiit would, beyond all pvuportidii, exceed the advanta^'e aceruiiii; to the I'nited States fmm the 
 possessiim of a few mure sipiaie miles df terrildry. It must he obvious to every impaitial i n vest i orator 
 of the snbjecl that, in adherinu tn the line nf the ('ulumbia, (Ireat Ibitain is ndi inlluenced by nuitives 
 iif ambition with reference In extent nf territory, but by eonsiderations of utility, imt td say necessity, 
 which eaiinot lie lost sieht nf, and fir which alhiwanee dUL^ht to be made in an arrani,'emenl ]ir(ifes.sing 
 t') be lia.seil on eon.sideratioiw of mutual convenieiiee and advanlaLje. 
 
 '• The l'ndersij,'ned believes thai he has now nulieed all ihe ar;,ntmenls advanced by the American 
 ricni]idtentiary in urder Id show that the I'nited States are hiirly entitled to the entire region drained 
 hv ihe t'olumbia liiver. He sineerely rej.""-ts that their views on this subject slnadd diller in su many 
 essential respects, 
 
 " It remains for him to reipiesl that, as the Amerieau I'leiiipotenliary decdines the propo.sal oflercd 
 en the |)art of (Ireat lirilain, he w ill have the ;joodnes8 to statu what arran_L;einent he is on the part of 
 llie I'nited States jirepared lo propuse for an eipiitablo adjustment (if the (pieslion; and more 
 cspeeially, that he will have the goodness to delinu the nature and extent of the claims ■which the 
 United States may have to other portions of the terrilory, to whi(di allusion is made in the eoneluding 
 part of his statement, as it is obvious that no an-angenient can be made with respect to part of the 
 tonitory in disiuite, while a claim is reserved to any portion of the remauider. 
 
 " The Undersigned, &c," 
 
vi 
 
 Ih.loricil Notf. 
 1>44. Ii'4i5. 
 
 3 ' 
 
 Mr, Cnlhoun tlioii iircs-entcd a pnpor (datctl September 20^, in wliich lie said lie had 
 iciid witli attention tlio coiintcr-atatenient of the Hritisli IMeniitotentinry, l)iit witliout 
 wi'iik'.'iiiiii;' Ills eonddcnce in tlie validity of the title of the I'nited States, and, al'tir 
 argmiiO'its, ('(inchided thns: — 
 
 "'J'lic I'lidi'isyiii'il ciiiiiinl (iiiiscnt to tlio roiiihnii)ii to which, (in a n'vicw of th(! wlmli' fji'miril. 
 the ('(PUnlcr-slMlciiU'iit lU'iivcs, tliiit tlir jiicsciit sliilc iil' llii' i\[[fM inn Im, linit ( Irciil llrilaili |iiin-ii'SM('s iiii I 
 UNlTcisi'S, ill luMililnll willi llir I'liitcil Sillies, 11 rij,'lit nl' Jniiil circMl|i;iIli'y ill tin' ( lir'nn Tririlniy, i f 
 vhich she I'liii lu' ili\i's((M| (inly li\ mi cciuilnlilf |iiirtiliiiii nf the wliolr lictwccii tlic two I'uwcl'S. ![.• 
 cliiiiiis, mill he tiiiiiks lit' liiis slmwii a dear lilli' mi tin' ]iml nf tin: I'liiicil Slalis, In tlii' wlmli' rojjioii 
 ilraiiicil liy llic ('(ihiniliia. willi the li'.'lit nf lu'iii'_' ri'instntcil uiul cnir.iili'rcil ih,' |jarly in ]niH8i',eiii()tj 
 vliik' iiciitin;,' (if tlic title, in wliicli cliiiviiclci' lie nnist insist mi tliinr lieiiii; emisidcreil in emifnrinitv 
 with ]i(i,-iilivi' Treaty sti|nilaliiilis. lie ealinnl, tlierel'nre, edlisent that they sliiill he re;.'a 1( lei I , (liiiiii;,' the 
 ni'u'niiiitidii, merely as niiaipaiits in emnninii with (Ireal I'.ritaiii, imi' can he, uhile thus n'^^'mdiii;,' tliiir 
 rights, [ireseiit a (■iniiiter-]ii(iiiiisil Imseil mi the sii|i]insiti(iii nf a jniiil ni-( ii]i,iiiiy, merely until the 
 ('|iii"Jtimi nf title to tin' territnry is fully iliseiissed. It is, in his ii)iiiii(iii, mily afler ii iliseiissinti whicl; 
 shall fully lirc^ellt the titles nf ihe |iarties I'(S|ie( lively In the territnry, that their ehiinis In it can hi 
 fairly mnl siiii.'-faetnrily udjiisied. The I'liileil Slates desin.' niily what ihey may ileem llieniselvij 
 justly enlilled In, and are iinwilliiiL; In lake less. With their jHesent n|iini<<:i nf tlieir title, the I!riti.-Ii 
 rielii|inleiili,iry imi.'-l see hat the ]irnli'isal which he m.ide ill the seiiuid I 'niifcrcticc, i;nd whi.li 
 he liiniv fully sets fnrlh in his cniiliter-staleliielit, fall> far slmit nf what they believe theiusi Ivi'S jiistiv 
 iilitilled In. 
 
 " 111 re|ily In the re(|iiesl nl' t!(e liiitish rieiii|inlenliary that the riidersij,'ned slimild de(ini-) tl.. 
 iiiUiiru iind cMeiit nf the claims which the I'nited Slates liavt^ to the nther iinrlimis nf the territiT;;, 
 mid In which idlusinii is niiide in the ennclndiiiLr jiart nf Statement A, he liiis the hniiniir In infnrm liin 
 ill ^.'eiieral terms ihat they are derived fmni S]iaiii hy the f'lnrida Treaty, mid are fniiiided nii t!; 
 discnveries mid e.\]ilnriilinii nf Ik r iia\ i^'alnrs, mid \\ hich they must re,L:iilil lis ^'iNiici thclii a right In tV ■ 
 extent to which they can he estahlished, unless ii lietterciin ho miiiosed." 
 
 In viiridtis iiiforinal oonversations lietween Mr. Pakenhani and Mr. Callioun, when 
 Mr, Calhoun insi>ted on the parallel of 4!»'" fis liie very lowest terms whieh the United 
 States wonld aeeeid, Mr. I'akeiiiiain told iiiia thai, if lie wished Her Majesty's GoTcrnniei.t 
 even to take into eon^iiicration a proposal i'oiiiuled on that hasis, it must he aeeonii)anic(l 
 hy sonu' indications of a desire mi the part of the United States' (Jovernineiit to make 
 some eoiivspiintl'iie' saeri' cc to aceomniodate the interest and eonvcnienee of (iJreat 
 Dritaiii; th.it ller Miij<'sly's (Joveinment had already {^one vi'iy far in the way of conces- 
 sion, while the United Slates' (loverninent iiad as yet shown no disposition to recede from 
 their oriuiiial pvoiiosal. To whiidi Mr. Calhoun replied, on one iieeasion, thiit for his part 
 he should have no olijeclion lo "ive up ahsolnltjy the free navinatiun of the CViliimhia. 
 wiiicli had liel'ore lieeii oll'cred only eondilionally ; on another occasion, lie said that if 
 Great Jjritain unuld cnn-ent to fiie parallel of 4ll' on the Continent, perlnips the United 
 States inin'ht he williiiu' to leave to (ireat I'ritiiin the entire possosioii of A'ancou\ er'.^; 
 island, Fiica's Inlet and the piissa<::e nortliwards IVoin it to tiie I'aeilie reniainin<f an ojieii 
 sea to holh countries; hut liene\er said that he wouhl be ready to yield both these points. 
 In fact, he said that be was not authorized to nnike any proposal of the kind, nor should 
 he iintii he had ascertained that such an arrangement \Tould find favour with the Senate. 
 
 Sir, 
 
 oaiicel 
 
 1845. 
 
 In January Is to, in answer to a jiroposal, made by Mr. Pakenhani, to submit the 
 question to arhitiatioii. Mr. Calhoun said that, while the President united with llor 
 Majesty's Government in the desire to see the question settled as early as might he 
 practicable, he could not accede to the offer ; adding this : — 
 
said he had 
 
 I)ut without 
 L's, ami, ait IT 
 
 \\\\(\\i\ ^'IMlIll 1, 
 
 I |in^,-(i'ssc.s ;iii I 
 >ii 'i'l'rrilnry, ( " 
 
 II Powers. Ill 
 R' M'lmli' iv;;i(iii 
 
 i' ill JMINSt'.-slliIi 
 
 1 in loiil'iiiiiiifv 
 ili'il, iliiiiiiL! till' 
 rcj,Mi'(iiii',' tlnir 
 cn-ly iiiilil till' 
 iMCIISsiilll whiil; 
 inis Id il can 111 
 •cm (lichisflvij 
 ill.', ttio lii-iti.-li 
 riri', i;ml wliirli 
 n'hisrlvi'S jiis;!_v 
 
 loulil (k'fiiio tl.. 
 ■r tlio ti'rriti'ry, 
 r lu infiimi liii:! 
 
 'nlllhlril nil l!: ' 
 
 III a liLjlil III 1:. ■ 
 
 'iillioun, when 
 •li the United 
 5 GoTcrniiK'nt 
 accomimnicil 
 lent to malu' 
 nee of (ji'cat 
 lay ot" eonccH- 
 ,0 recede t'rorn 
 at for Itis part 
 lie Coluniiiia. 
 le said tlial ii' 
 ps tlio I'nitoil 
 f \'ancou\er',- 
 ining an open 
 li tliese points, 
 ul, nor sliould 
 1 tlie Senate. 
 
 Vll 
 
 to sul)niit tlie 
 ted with Jlcr 
 r as miglit he 
 
 " Wiiiviii^; all hIIiit iciisniiH fur ilrrliniii^' it, il is Hiillirii.nt to statf, Hint lie (•inilinuc-i to cntciliiin Hiitorical Note, 
 tlif liiipi' tliat tlic i|nrsli(iii may lu' scllli'il liy tlir ni';,'iil iiitiim nnw pciiilin;4 I'flwiTii tlic Iwii naintncH ; ."TTT 
 
 mill Unit lie is iif iipiiiinn il wuiiiil lie iinmlviwiMi' In niliTlaiii a pnipnsiij to ivsnil to any oilier nimle, no 
 loll',' as there is hope nl' airi\ iii^' iil ii sulisrarlnry seltleiiinit liy iiegoliatiiiii ; and espeeially to one wliieli 
 Illij,'llt ratlier relalil llian espeilite its liiial ililillslineiil." 
 
 Oi! the 3rd of April, liord Aherdecn addressed to Mr. Pakcnham tlic following 
 despatel), the tone and eontents of which shew the seriousness of the position in wliieh 
 the controversy then was, and the determination of Her Majesty's Government to 
 maintain their chiiiiis : — • 
 
 Sir, 
 
 .(///•/■/ :;, IS4." 
 
 " Tlie iiiaii^iiial s]ieei'li of I'lvsideiil I'nlk lias iiii|iii'sseil ii \ cry seiiiiiis i-li;iriicler on iiiir mlnal 
 reliiliniis Willi the Cniird .Stales; and tlie iiiaiiiier in wliirli lie has relerred tu the Oreeon (piestioii, so 
 ilitleieiit IVniii the laii,i,'iia^e of his jn'edeeessor, leaves little reii.soii to hope I'nr any favonriiMe result of 
 llie e\isliiiL; neLjniialioii. 
 
 " L piesiiiiie that yon will have acted n]ion my iiislrnclioii of the ."ird of Miiirli, and have ivjieateii 
 to the new Seireliiry of Stale the proposal of an aiMliatinii, vhiili ymi were direeted lo nuiki^ to hi;? 
 ]iredreessor. If this slioiild he deiliiiid liy Mr. folk's ( Miverniiieiil in the same manner and for the 
 same reason as iissiL,'ned hy Mr. 'I'yler, namely, the hope thai thi' mutter niii,dit yet he I'avnnralily termi- 
 nated liy iiejidtialioii, swell a mode of refii.sal would at least display a friendly spirit, and would not elo.so 
 the door ii.u'ainst all fnrlher atlem]iis to arrive al sin h a rMin-lusinn. On the other hand, if the pio|Misal 
 should lie simply rejeeted, and the rejerlioii should not lie aeeompanied liy any speeilir jiroiiosilion on 
 
 the part of the Ciivi'rnmeiit of the I'niled Slates, we must i sider the nei,'otialioii iw entirely al an 
 
 end. Indeed, we eniild .seareely. under smli eiivnnislanees, lake any further step with a due iei,'ard to 
 our honour and eonsisletiey. 
 
 " In the event of iirliilialioii lieinu' reji'eled. and the lailuio of every einU-av our to efrecl a ]iar;ilion 
 of the territory on a priiiriple of niuliial concession, you were diieded in my de^patdi of the IStli of 
 Xovemlier, lo propose the further I'.Mension tor a lixed term of years of the exislini; ('oiivenliou. 'I'liis, 
 il, i.s true, vvould liavi' heen an im|ierl'eet and nnsalisfailoiy arraii.i,'eiiienl ; lail il miuht have lieeii 
 tolerated in the hope llnit the jirevaleiice of frieinlly feeliii;_;s, mid the adiiiilted iiili.'resl of Imtli parlies, 
 Would in due liiiM! have led lo a permanent selllemmil of an amicahle description. The lecenl diTlara- 
 lion.i of Mr. I'olk I'orliid any siicli hope; and there i.s too much reason to Pelieve thai the extension of 
 ihc Convention for a lixed period would he eni]iloyed in active pre]iai;ilion for I'litiue hostility, 
 
 " Yi.m will, tliei'el'orc, consider this portion of my instructions, to vvliirh I have now refen-ed, as 
 cancelled. 
 
 • dudj;iiij,' from the lan;,'iia.i;e of Jlr. Polk, I ]iresiinie we must expect thai the American ( lovernment 
 will renounce the Treaty without delay. In litis ea.se, unless the iiueslion lie speedily setlled, a local 
 collision will lie liaMe lo take place, v\hich may involve the countries in scaious diliiculty, and not 
 ini]iro)ialily lead to war itsi'lf. 
 
 "At all events whatever may he the course of the rtiilcd States' ( ',ov ernnieiil, the time is come 
 when we must lie ]ire]iareil for every coiiliiiueiicy. < >ur naval force in the I'aeilic is am]ily sullicient to 
 maintain our sii]ireniaey in that sea; and Sirdcorye Seymour lias hciai instructed to leimir without 
 delay to the coasts of the OrcLioii Territiay. 
 
 " You will hold a temperalc, lull lirm, laii,\'ua,i;e to the meiiihers of the ( loveinmenl and lo all tlio.se 
 with whom you may converse. 'We are still ready to adhere to the ]iriiiciplc of an e(|iiilalile conijiro- 
 luise ; Imt wi^ are ]ierfeetly determined to concede iiolhinj,' to force or menace, and are fully ]>repared to 
 iiiaiiitain our riulits. This is the spiiil in which lIcM' Majesty's (lovernment have declared llicniselve3 
 in I'arliaiiieiU, and to this they w ill adhere. 
 
 "I thoiiL;lit il so im]iortant that o ir intentions should he clearly known and understood in ihe 
 I'nited Stales withont delay, that 1 detained the last American mail, in order that a correct rc]iort of 
 the proceeding's in I'arliameiit on the Oregon ipiestion niinlil reacli Washington as early as possihle. 
 
 " Xotliin^ can lie more encourajiinj;- and satisfactory than the s]iiril which has heen exhihiled on 
 
 this neeasion, liolli in Parliament and in the country j^ciHaiilly ; and il is ev idcnl that ]Ier JIajesty'a 
 
 (iovenimenl will be warmly siip]iorted in whatever measures may he considered really just and 
 
 necessary. 
 
 " I am, I'te. 
 
 (Signed) " Aberdkicn." 
 
 [320] K 
 
 i iiMi i i h iii w II inn miM Mw wi m wpi " • • 
 
t 
 
 s 
 
 llinliricil Nolc. 
 
 Till 
 
 Hi'loro tliiH ilcs]iatcli ronclioil Mr. Piiliciiliiiiii. ^^^. lUiclmiimi Innl liocn nppoiiilcil 
 .Mr. Callioiin's smrcssdr in llio olico of Sccri'liiry of Htatc. Mr. Paki'iilmiii iiifoniicil 
 ,Mr. Biiclinnan of tlie inslruotions wliidi ho liiiil roccivi'd, n;,niiii (o pross on the (Joviin- 
 iiuMit of the Unitrd States tlio cxpcdioncy of nihitnitioii. I5iil AFr. niicliannii said on one 
 occasion tlint lio did not di'spair of clfcrtiiif;' a settlenu-nt li,v nr;;oti,ition, hy adopliiiM 
 (to use his own words) tlie principle of ,uivin;jf and takinj;; and on anotlior occasion that 
 scttlenu'iit hy arhiiratioii did not incel willi tlie concurrence of the President and his 
 Cahinet, tiiat they all entertained ohJeetioMS to that eonrse of proceediiiDf, and that lliev 
 preferred negotiation, iiopinj;-, as lliey did hope, that liy nepitialion a .satisfactory re«ult 
 would at last he attained. 
 
 On Killi duly, .Mr. iSuchaiinn delivered to y\v. I'.ik.idi nn a pitper marked .F. !!.) 
 coulainiii:; his proj osal for settlement. It hi';4an thus: — 
 
 '•'fill' I'lidcrHi^jni'il, \-i'., Miiw |irnci'iu|> in icsuuic ilic in'^oiintioii on lln' i)ri':,'iiii nucsijuu nt ;I,i' 
 ImiiiL wliiTc il WHS lel'l liy lii.s pn'ilei'cssnr. 
 
 "TllC Itrilisll I'llMlipiilcUliiUT, in llis wAr \'< Mr. (';lll|iiini nl' lllc I'.'tli Sr|itcllllH'l' liisl, lv.|lli,;,. 
 
 'ihiit, IIS till' .\Miciir;ni I'll nii'iiU'iitiiirv iKm-Imh'^ iIh' |.riipiis;il ulli'icd i.u the juiu 111' deal I'.ril.iiii, hr \,ii! 
 
 li;i.i' tlif ^ hii'.ss to sliiU' uliiit iirriuij,'! liii'Ul In' is, cm Ihi' |i:ivt nl' llir I'liilcil .Suiti's, picjmrcd In pni|iii>.- 
 
 for iiii I'liuitMliIe iKlju.stiin'iil ol' the ipii'stinii, iiinl iiioii. i's|i|.ci,illy, lliiit h" will liinc tlie ;;iHMliii..si :,, 
 ili'liii- till,' n;iluvi' aiiil fxiciil III' ihi' claiiiis wiiicli tlii' I'liiicil .Si.it.-i may li.ivc In (iiIht pniiimis nl' iI,, 
 trnil'il'V 111 wliirli iillllsiiili is Ulildi' in tlir nmcludill;,' Jiart III' liis slati'lliclll, iis it i.s nlivioiis llial im 
 iirniiiL;i'iiiriiI r.in In' mailr witli rfspiTt in a iKirt nf tin; tcriitnry in dispute, wliilc a claim j.i reserved In 
 niiy piirtiim iirilie iviuiiiuiler.' 
 
 " 'flie .Si'ci'clarv ill' Slate wdl imw iimceed (reversing,' llic mdcr in wliiili lliese ivipiest.s Imvi^ !ii<?i 
 m idi' . ill the lirsl plari', in pivsmt tlic lillr nf the riiitt'd States tn tlie tciritnry llnilli nf the villlcv nf 
 tlie Ciphlinliia; lUid will then |iin]in.se mi the pail of the I'lesideiit the t<'iiiis iipmi which, iu hi-; njiiniMii, 
 tlii- Iniin-pfiidiii;,' cniitniversy iiiiiy lie jiisliy iiiid eipiilalily triiiiiiialcd hetweeu the parties." 
 
 The paper (after a Icnffthened arfrunicnt) ended thus: — 
 
 '■ Sui'ii lii'iii^i till' npiiiinii nf the l'lr.-<idciit III irnaiil In till' title nf the I'liiti'd .Slates, he Wniilil 
 lint lia\f cniisciitcil In yield ally ]iii||inii nf tin' Ore^'nii Teriitmy, had he imt fniiiid liimsrlfciiiliariass.il, 
 if imt cniiimillcd, liv the arts nf his picdci'i-isni's. They had iiiiifnrmly prnrccdcd ujinii the ]iriiiciplc . f 
 coiiiprnliiise iu all their iiencitialiniis. Indeed, the lirsl ipieslinii presented In him, after enterilii;- in i -i 
 the duties nf his iillice was, wlu'thcr he slinuld iihrupllv teiiiiiiiate the iicLrnliatinii which had Lei ii 
 eniiaiieiiceil and eniiducted lietueeii Mr. ( 'alliniin and Mr. I'likeiihiiiu nii ihe principle avnwed in tl.c 
 liisl I'mlocnl, uni nf cniileudiiii,' I'm the wlmle teriitmy ill dis])iite, lint (if treating' (if the respective 
 claims (if the I'artie-i, ' with the view In •, italilisli a iieriiiaueiit limiiidary hetweeii the two coiiiilries 
 we^iluard of the K •i^v .Mouiituiiis,' 
 
 "In view nf liiie 'acts, the I'resideut has (letermilied to pursue the ]iie.seiit lieunliatimi tn i;.- 
 cducliision, iipnii the pr;nei|)le of coiii]iromise iu which il cniiiinence(l, and to miik(^ one iimre ell'ort !- 
 adjust this loi'i'-,i'-i) 11111,' cmitrover.sy. Ii, thi.s deteniiiiiatimi he trnsts Ihal the I'.ritish < lii\criiiir ■ ; 
 will recoglii/e his sincere and anxious desire to cultivate the mn.--t fiieudly relations lietweeii the ; .< . 
 countries, mid to mauifesl tn the world that he is actuated liy ii spirit of luoileratioii. lie has, therein:.- 
 instructed the I'lideisiLriicd a;;ain tn jirnjio.se to the (loveriiuient of (ireat Itritaiii tliat the MreL;n!i 
 Territory shall In; divided lielween the two countries hy the 4'.ith parallel of iinrth latitude from tl.c 
 li'niky .Mountains In the Vacitic ( Iceaii ; ntl'eriiiLr, at the same time, to make five to dreat Britain aiiv 
 port oriinits on N'aiie.mver's Island, south of this pariillel, which the Ihitish (ioveruiiient may desiie. l!i 
 trusts that (Jreal lirilain may receive this propnsilinn iu the friendly spirit iu which it was dictated, ai..i 
 that it may lunve the slaliie l'nun<lalii)u of lastinj; peace and harinouy lietweeu the two countries. Tl.i 
 line proposed will carry out the principle of contimiity equally for liolli ])artie.s, hy e.'iteudiui' the limi;- 
 l.nth of ancient biuisiaiia and Cau.ida tn the I'acilic, alon;,' the same Jiarallcl of hitilude which dixidrs 
 tliem east of the Uocky Mnuntains, and it will secure to each a sunicieut miinber of comniodiuuo 
 harlxmi's mi the nmlh-wijsl coast of America. 
 
 "The Undersigned, i!v:c." 
 
 Thereupon A[r. I'akenliani presented a paper, dated 29th July, heginning thus:— 
 
 " .Volwithsiiiiidini^ 
 
 .\ ■ . feels ohlineil In ph, 
 
 liiid the honour to recei 
 I'liited Stales, teriiiinal 
 I iic;,'on ipiestion." 
 
 Mr. I'akenhaiii 
 
 " .M'ler this expiisi 
 v.iliii' and impmtalice e 
 •*urpri,sei| In hi.ar thai t 
 
 .\lne|'ieail I'ellipolenliai 
 
 " This jirnpnsal, in 
 Xe^'nlialimi (if l.siiil, an 
 
 " < hi thai (iccasimi 
 p.uiies, ( III ihis |iiiiiit 
 reply. While with res; 
 I'' . the lads uliiili ha' 
 tn the po-^sessimi of | ho 
 
 "Thc! I'ndersijfiieil 
 further |i|(ipo.sal for the 
 .uiil wiih the reasmiahh 
 1>, which the I'lidersJi,'! 
 nf the present lieL;nti;itii 
 
 " The l'iiilersii,'neil 
 
 Mr. Pakenham 
 Oovcrnmeut. Mr. I 
 which, after further 
 thi.s paper were as f( 
 
 " I'poli the whole, 
 ahlu to liestow ilpmi tin 
 States, einliraciii;,' the \v 
 to this entire rej^inn, 
 
 " .Votwithstaiidin; 
 ' nni|iromise and cmic 
 nliedieiici! to his iiisliii 
 tlie ti'rritory iu disputi 
 liiilaiu any pnrl nr |in 
 uii>;ht desire. The 
 I'nlumhiii Iiiver wa-^ n< 
 free yiovta on the smill 
 
 " Snch 11 iirnpnsii 
 riesidenl, had this Ihm 
 
 " I'poii his accc- 
 ihe spirit and u]iiiu tin 
 demand the whole tt 
 Heal of the respecti\(' 
 {"•niianeiit limindary hi 
 
 " I'laced in this 
 ni.casions, oll'ered to d 
 I'acitic (.)eeaii, he (vh 
 npiiii(ui as once more 
 
 " N'ot only respei 
 peace and harinouy 1 
 cjuestion presents the i 
 and heueticittl coinmen 
 
 OM 
 
IX 
 
 •■ NiiiwillistiiiKliiiK ilic ).rnlix (liscnuai.pii whicli th,' >iii),J..(i Im iilivmly nii.lci-uiir.iln' riiiliTsi;,'iM.,l, Hin, 
 ,\.'., r.rls iililiu,.,! |(. |,lii,.(. (Ill riToid II few (ilwcrvalioim l|i ivply \>< lli.' MMtriu.iil iimrkcd J. |l,, vdiidi 1„. 
 
 I;. Ill the Ihiikmii' tn iv,fi\ |lh< Idtl, ,,r this iii,,iii|, h ||„' 1i,mi,1s ,,|- iIk. SiTivtiiiy <>( Sliiti. i<( tin- 
 
 I nitnl Sl;il,.i, Iciiiiiiialiii;,' willi ii |,in|K.siti(.ii nil llh' pall nl' llic Ciiin.,! Stati'^ for tliu .tettlfllll'ia of tliu 
 I hc';,'nli i|iifslinii." 
 
 Mr. Piikcnlmiii t'liilcd iliis imper ns follows; — 
 
 " After this i'X|in-itiuii , if III,, viru-s iMiln l,iiiii.il liy ll,,. Iliiii-Ji CiArii lit, ivs|i(.rliii;; ll„. ivliilivc 
 
 v.ilili! iiiiil iiii|Hiitiiiii f llir liiili>li iiiiit Aiiii'iiciiii iliiiiiw, ilic AiiHTiciiii I'liiii|p.itciiliiirv will imt In' 
 
 •<!iriirisril 1,1 lirar tlmt tli,' rii,|cT.ii;,Mir,l i|,i,.s not f,M.| m lil„.|ty to iiciriit lli.i iirojMwil olfurcMl liy tiiu 
 A'uriiiaii l','iii|iiili'iiliary fur lln' -irillr m nf ih.. ,|iiisli,i|i 
 
 •■Tliis prniiosiil, ill fiii'l, olH-r^ l,.^s than tliat tciiiicivil liy |Iii. Anifiiraii rii|ii|ini,.|itinrics in tin' 
 \,'4,itiiili,iii of ISiiC, iinil ilirlinni liy tli,' I'oilisli ( oivcniiiicnl, 
 
 ■■III! tlmt iKTiwioii it WHS iivii|Misf,l tlial iji,. iiavi-alinii of ilir I'ninniliia s||iai|i| lie mailc ficr l,i Imtli 
 |uiii,>^. Oil lliis iioiiit iiotliin,;,' is .siii,| in ilic |iroiiiisiil to wliicli ilir rniliTsi^-iifil has now tlii. Imnoiir V< 
 r,|ily. While with irsiieel to the |.riiiiiise(| IVi eilom nf ih,. |„,it,s on Vaiiconver's Islaiiil.siiutiiol latilmle 
 I'l . th.' ia-'ts whirli lia\e liecii a|i|iealr,l |o in lliis iiajuT, iis -iviiij,' to (lival Uiilaiii llif Mnm^'esl iliiim 
 ti ill,' |iirisessioii of till' whole isliind, wiiiilil sreiii |,p (le|irive siieii |iio|iosiil ii|' iiiiy Milne. 
 
 "The I'lKlersi-iniMl therefore triiUs tlmt the Aiiieiii'an rieni]iiitenliarv will li,' |iic|iaiv.l lo nrrers'iiiic 
 
 liiriher iiroiiosiil for the sei!l,.|ii,ait of the On-oii i|Ui-ii,iii nioiv < sisiniL willi rairii..s> 1 |.,|uitv, 
 
 aihl wiih the reiiHoniilile r\|ieet,ilioiis of the lirilisli tloverniiieiu, us deliiieil in tin- siatcnient nmrkeil 
 D, whiili the riiileisimicMl lm,| the lionour to inesont to the Aineriraii rieni]ioteiiliiiiy ut iliu early jiart 
 i.r ill,' IHesent nej,'otiatioll. 
 
 '■ The rii,lL'rsi;.'neil, i*y:e," 
 
 Mr. I'nkeiiliani lind tlnis di-i'lincl to nci'ei)t (lie jiroposiil of tlio T'liiled States' 
 flovcriimciit. Mr. ISiiciinniiii llicivti)ion doliverod aii()tli(.r impcr. dated :'.iitli Aiio-iist, in 
 wliieli, atU'v t'lirtlior aioiiiiu'iits, lie witiidivw that proposal. The eoncliidiiig pa.ssagcs of 
 tliis paper were as follows: — - 
 
 riciil Vol*. 
 IS45. 
 
 '■ r|i,iii the wliiile. fniiii the iimst I'aivfiil iiml luiiplo c.N.iniiralion wliirli ihe I'liih'i .ii,Mieil has liecu 
 
 alilu to hi'stow upon llio siilijeet, he i.s satisfied tlmt the Spunisli-Aiiieri liile nou- h,.! | liv the I'niled 
 
 rftiiles, eniliKieiiij,' the ulml.- ti'rrilory lielween the parallels of 4L'' iiinl ."i 1 |o', is the lie-i in e.\i.steia't' 
 to this entire regiiiii.ainl lli.il the ehiiin of llreat lliiiain to any |iiirli'iii of ii has no siillii/ient foundation. 
 
 " Xotwitlislanilino that siiili was, ami s;ill is, ilie opinion of lla' I'lvsiileiit, yrl, in the sj'iril of 
 , oniproliiise iind emn'essioii, ainl in defeven,',' t,i tie.' a,.'ti,iii uf his pri'dece.ss. as, the riiili'rsiL,'ne,l, in 
 oliudieliee to Ins instriiel imis, iirop,i.~e,l t,i the lirilish I'leiiipoteiiiiary I, i settle the eoiitr, i\ei-v liv ,liviiliiii; 
 t!ie territory in ilispiUc liy the -I'.Hli iiaralhd of latitude. olVoiiii;.', al tliu saiiiu tiiiii', to make five to (!re;it 
 111 itiiiii liny port or ports on Vuia'ouvei's Islainl, soiilli of ihis latitude, which the liritisli ( loveninient 
 mi^ihl desire. The liritisli I'leiiipotii'iiliary has correetly sii'.;i,'esli'il that the free liavi;,'alion of t!ie 
 I'uluinliiu Iliver was not einlnai'e.l in this pinpnsal to llreat nrilain, lint, mi the other hiiiul, the nse <if 
 free jiorts on the soiitliia-ii extreiiiily of lliis islaml liinl not been inelinled in former olfeis. 
 
 " Siiili a ]ilnposili,iii as thai \\hiiii has licrii iiiaile, lieVel' w,nilil lia\c I'eeli aullioiized liy the 
 I'lesiilelll, liinl this been n new ([iieslion. 
 
 " Upon his iieeessioii to ollice he found tiij ]ireseiit iieLXoliatioii pi'inliie,'. It liail lieen iiislituied in 
 ihe s]iiril iind upon the ]iiiiuiple of eoinin'oniis,'. It> hIiJimI was. as avowe,l li\' the iK'Lrolia'ors, not to 
 ijeinand the whole territory in dis]iiite for either eonntiy j Init. in the li;n^'iia,!,'e of the first I'rotocol ' to 
 Ilea! of the res]H'etive elainis o|' the two eoiiiitries to the Orej^oii Territory, with the view to estiiMish ii 
 p'Tlnanelit lionndiiry hetwei'ii them, westwanl of the lloi'ky Mountiiiiis to the I'aeifie Oeeiin.' 
 
 " I'laeed in tlii.s jiosition, niid eonsideriiiL; that I'residents Jlonroe iind .Vdiiins had, on former 
 occasions, olfered to ilivide the territory in dis; ite liy exteiuliii,;;- the 41llli imrallel of latitude to the 
 I'iicitie Ocean, lie fell it to be liis duty not alinijitly to arrest the negiitiiilion, but so far to yield his own 
 ii]iinioii as once more to niiike a similar oiler. 
 
 " Not only respect for the condnct of his predecessors, but a sincere and an.xions desire to ]iioniota 
 peace and harmony between the two countries intluenced him to pui'sue this course. The Oregon 
 cpiestion presents the only cloud which intercepts the prosjicct of a long career of mutual fiiendship 
 and benehcittl commerce between the two nutioiis, and this cloud he desired to remove. 
 
 ....^l 
 
Ilisidricjil N'i>»c 
 |S|,->, \HAtu 
 
 "'riu'M' Mil' lluMciisiuis whiiliiutiiiili'il till' rii'siiU'iit toofU'r ii ])riii)iisitiiin so I'licnil tn (Ircnl lirilMin 
 
 ■' Ami liiiu lias llii' |iin|icisili<iii lici'ii ri'ccivi'.l l.y ilic i'.ritisli l'li'iii|i(iti'iuiiny ' It lins liccn rcji'dcl 
 willnnit fvi'ii :i iiTi'iciii-i' 111 liis cnvii (iovi'i' ,,i<'iil, N'uv, iimvc, tlii' IJritisli l'l<'iii|iii|riiliaiv, to use \\\< 
 i'\v;i liiiii;ii:i.i;c', ■liusts lliat llic Aiiu'riraii l'lc'Mi|i(il('iiti:iry will 1m' i)n']iai('il In dlVcr si mi' I'liiilu'r |iiii]iiis:il 
 r.ir llu' srUli'iiii'iil of llic (hi'u'iHi i|Mi'sliiiii mini' rniisistriil with I'ainirss ami i'i|iiily, ami wilii il;. 
 li'ilsniialili' i'\|U'rlatimis nl' ihi' Urilish ( Invri'iiiui'iil ' 
 
 " rmli'l'siirh I'ii'i'iiiiistaili'i's till' rmlrl'si^iu'il is iiistflirlril liy thr I'l'i'siili'iit to :.\\y, that lu' our-. ;i 
 to his own roll 111 IV, ami a just ai'liri'i'laliou of Iht lillr to llu' Oitlioii 'I'l'iTilory, to w itinlruw this |irii|.M- 
 sitioii to till' lliilish (loM-iuiiii'ut wliiili luul lu'i'li iiiaih' iimliT his iliii'iiioii, aiiil it is lu'irliy airorilin^K 
 wiliiiliavMi. 
 
 "Ill takiiiL: this lU'i'i'ssafy sli'|i, llir i'i-i'-!.li'iil still i'ln;islii's ihi' ho]H' thai ih's loiiy-]u'inliii- 
 I'oiitrovi'i-sv iiiav yt'l lu' liiially ailjuslril in siirli a iiiaiiiii'r as not to ilisliirli ilu' ]irari' or iiitriiu|'l i!,.' 
 haniioiiv now so ha]iinly siihsisliny hi'twi'i'ii tlii^ (wo roiinliics. 
 
 " 'I'lll' l'lliU'lsii;IH'il. I'lif." 
 
 1846. 
 
 Oil Otli l-Vlininry. lsir>, tlio House ( f IJoiii'osontalivos, and dii ITlli April, llio Si'itad , 
 III' liio I'liiti'ti Stiili's iHissi'd a .joint ii'soititiou, aiitlioii/.iii;;' llio Pi-i'siiiout lo g'ivo fho 
 ii'(]iiisito vt'ai's notice to jmt an eml to (he Convention of 1827. Tlie notice Avas ilatoil 
 the 'JSth of Ajtril ; it reaclu'il the I'niteil States" Minister at liOinion on llie l.^lli of ^[a.\, 
 aiitl was h.v hiiu sent to l.oid Ahefdeen on the i?Otii. 
 
 Meaiitiine, on tiie Htli o!' May, I.ofd Alieiileen iidiliessed tiie followiiig- instructions 
 to Mr. raivcnliam : — 
 
 (No. IS.) 
 
 '• Sir. " ■'/",'/ IS, ISM. 
 
 " |i, till' riiliial stall' ol tho lU'Uotiatioii lor thi' si'tlliiiu'iit ol' tlu' Olr^oii Pioiimlaiy, il has licromi 
 niv iliil' rairl'ullv to ir\ ii'W I 111' u liolr i cnir-i' of our I'lorri'iliiius, ami lo roiisiilor \', h.il fiirlhi'r si,-] is in 
 tl'r u'M'iit jiiiirtiiii' It iiia\ I'l' laopi'i' to laho uilli llir \irw of rriiiov ill;,' I'visiiii;^ iliHiniltirs, ami i I 
 lil'oriotiliL,'. it I'ossilih'. all amirahh' li'liiiilialiou o| ilir i|iir-lioii 
 
 " I williii'jlv ali>laiii lii'iii ri'iH'U ill.:,' a ili.-rii-.sioii. ihi' iiialtir for whirli is alrraily oxhaiisli'il, atul 
 from ri'iu'aliii.i; ar.uiiiiu'iils uilh w hiih \oii havr Imi;^ hi m familiar ; hiil I ihiiih il is iiol too iiiiirh In 
 nssi'it that, to aiiv oh^iTVir lo.'Kio^ iini.ailially at iho ililli'ii'iit staj^i's of this lU'jjotiiilioii, it will n|.]ii'ar 
 
 llial th iiil'iii I'f (Inal Ihilpin lia< ihroii^^hi'iil hrrii moiKiali'. roiicilialory, ami jiisl. Can il liiily 
 
 111.' siiiil thai till' (loMllillK'liI of ihi' I'liilril .''^lalrs ha\i' aiKanroil lo liirrl us ill tlu' lialli of mutual 
 roin'ossion ' 
 
 '■'I'll.' Irriiis -if srlili'iiii'iil ii;o|ii.-;ril hy tin' l'.iili-.!i I 'hiii|iii|i'iitiarii's to Mr. (iallalin in the vi'i'ir 
 1^^'J^| wi'ii' luilrh lili'lo aih aiil.iurou.N to thr I'll J n I Slalr~ lli.ili ihoso w hirh hail hri'i; ollrri'il to Mr. 1,'u^h 
 1.1 llir iui'% i.'iis iir'.^niiatioii of l.^'J I ; ami on yoiir own ili|.,ir; iiri' from ihi^ loiinlry yon woir i'.uiI"'m/i 1 
 still furl lii'i' lo au'^niiiil llirso ail\aiilaL;roiis i-omlitioiis. 'I'ln' I'liilril ."slali's, on ihi' olhor liaml, Ian.' 
 not ouU iv.riilh mail: . I'iroiiuli Mr. Ilu. liaiiaii, a i'io|ios,il Irss favoinahh' to (iroal lirilain than llial 
 loniii'ilv olli iv.l \>\ Ml. loillalin. I.ul, wlirii ihis ua'- irjiTlril hy y.ni, llioy willalrow it allo^ilhrr. 
 
 ■■ In tiulli, ill.' |avli'ii-ioiis ol ihr I'iiili'il Siairs ha\ o '.^railiially ilu I'l'iiscil iliirin.t; the |iro;^ri'ss of 
 (111'-.!' iii';olialions. .\iliii'.^- in iiianifi'st \ i.ilalioii of I ho s|iiiil of I ho ( 'on \i'i, lions of ISIS iinil ISl'7, il 
 IS 'i.iw f.innallv ami ollirially assi rinl ihat ihori.i^hl of tlio I'liilnl .'^lalcs to ihr wliolo li'iritoiy lU 
 ilisi.uli' is ' 1 h ar ami iim|m's|ior,alili'.' 'I'lii' ]irim'i|ili', hoWoM'r. of ihosi' C'oiiM'iilioiis |ihiinly roconni/oil 
 till' rlaiins of I'olli iiarlii's, as imlonl wns fiill\ ailniillril h\ ihr .\im rioali l'li'iii|io|i'nliai'y hiiiisolf ; iiiai 
 i; was oiilv on lailiiiv of iho atlriii|>l to i llo. ! an i'i|uilahh' I'lnlilii'ii of ilio tiirilory that llii' Joint 
 (ii'L'ii|iani'y was •'slalili'^luil. 
 
 "Siii'li I'lrii'iisiiiiis, whali'Vor may haxo hroii ihoir rlloi I in the I'liili'il Statos, I'liiinot in any nianiicr 
 imaliihilo or iliiiiiiii--h oiir own just ilaiiiis. Willi ri's|. 'i I to tluso wi' liini' iii'Ver varioil. We havr 
 alwavs iiiainliiiui'il ihal \m' |ios.si'ss the :i,L:lil to I'siahlisji oiiisi'hf's in iiiiy jiai'l of the lonntry not 
 |ai'\ioiis!v iiirii|Eii.l : hill wr hiivo fully arknouloilLri'il in llu' I'liileil States the existi'tu'o oi llic saiiir 
 rij;h; ; ami wi' Iiiim' also ai all linii's hicn ri'iuly, liy an I'lpiili hir roni|ii'oiiiisi' ami |iaitilion, to juit lui 
 ciiil to a s|ii'rii's of ori'iipation wliirh is hut too liholy lo loail to ilis|iiiii's ami I'ollision. 
 
 " ni'sjiairin^' of iiiriviny ai any agiiiini'iit hy nioaiis of iljrt'tt neooiiiitjoii, vu have heeii uigeul in 
 
 •iiWMiiiniiiii iiii II Ml 
 
 im ' sivf) ,.i., i Nij. . 
 
II (Ircut liiiliiiii 
 ;is )u'('ii icjci till 
 iiiiT, 111 use lii-i 
 
 rinl!l('l']ll(l|ins;ll 
 
 r, iiinl w illi llii 
 
 tliiit lu' ii\\ I > :! 
 Iniw this ]iii.|-M. 
 'rliy iurnnliii^u 
 
 1-f IdllU-lH'llclin-; 
 111' illtl'llU|il ill,' 
 
 il,tlio SoiliUr, 
 I to givo lllr 
 
 ice «as (liiU'd 
 l,-)thof .ALn, 
 
 •• instructions 
 
 1/.'// IS, ISIi.. 
 ;, il liiis luTMiiu 
 riirtliii- sl.-]is ill 
 ll'uilllii's, iiiiil 1 I 
 
 r.\Iunisli'(l. nn.i 
 iinl tiui imu'h til 
 11. il will n]i]n';ir 
 I. Can i( liuly 
 jiaili of iinmial 
 
 it in in t]u> year 
 ri'tl to Ml', l.'iish 
 ui'ic i'.ull'"ii/,i '] 
 llicr liaiiil, lia\r 
 'itaili than thai 
 lllniiillll'l'. 
 till' ]il'nj,ri's-i nl' 
 IS anil ISl'7. 11 
 nil' tririliiiy in 
 linly i'rt'ii,L;iii/,til 
 ly liiiiLsrH'; aii'l 
 that the Juiiit 
 
 it in any nianinr 
 I'icil. W'l' lia\r 
 he I'oiinli'y nut 
 i'(( oi tlui sanii' 
 itiiiii, III put ail 
 
 .' liL'i'ii urtrt'ul ill 
 
 Xi 
 
 prossiiiL,' tin- ivfcvt'tirii of tlie wliolo iiiattor to an ni'liitratii)ii. We hnvc ln'in nilliii;,' to siiliiiiit, ci;!;,'! 
 the iilistnict title of the two parties, or the ei|uilalile division of the territory, lo the jiulmiieiit of any 
 Tiihniial wiiii'h eoiilil Justly iiis|iiie riniliileiH'e, ami wliieli liii;,'li; jirove iiL;ieialile In the I'niteil States. 
 All this, however, has heeii perenijitorily refiiseil ; the proi;i'ess of the iiei;i;lialiiin has lieeii eiiliielv 
 arrested, and, in fai'l, il, now leiiiiiins \\illiiiiil any ailniii!eil or iiilel!ip;ilile hasis whatever. 
 
 "The I'liili'd Slates ha\e rerenlly i'\]ii'essed their ili'i ■rniinalinii In ,iut an end to the Coineiition 
 which, forihe last, thirty year-<, has rei;iilalril ihe iiiode of oi'eii|'iliiin "f Oie.u'on li\' the snhjeels of jiotii 
 I'Uintries; liiil, as this ]iower was reserxeil In eaeh parly hy the leriiis of Ihe ('on\ eiilion, Ihe dei-ision 
 raniiol reasonalily he ipieslinneil. Xeiliirr is iheie anylhini,' i.eeessaiily iinfrimdly in the art itself; 
 hut, aslioth liarties would thus he replaeed in their former posiliuii, eaeh rrlaiiiiii;,' all its elainis iiiul 
 a.ssertiii.i;' all i's riijlits, wliieh earli woiild freely exerei.se, il is iili\ious thai, in ]ii'iiiiiirtioii as ihe eoiinlry 
 lieeanie sett! 'd, loeal dilVerenees wniilil arise whirli iiiusl speedily lead to ihe inosl serious i'iiiisei|iiei;('e3. 
 
 " In llii stale 111' alfairs il is matter of some anxielv and doulil what ste]), with a view to nn 
 ainiialile sell enieiil of ihe ipieslinii, may he must ei insistent with the dii,'nity and the iiiler-sl.; of (I real, 
 lirilain. .M'ler all the elVnits we have aiade, and ihe I'ourse we h;n e pinsiieil, w i nii'_;hl peihap.i iii.Mt 
 naturally pause, and leave to the I'liiled Slates Ihe olliee of reliewiii;,'a neL;i>l ialioi whirh hai! 1 eeii inter- 
 rupted niiili'i' sneh eiii'iiiiislanees, I'.ul Her Majesty's ilovernmenl won id feel llu'iiisei', es In he riiminal if 
 they iiermilled eonsiileralions of dipinmalir ]iiiiirlih'ii nr eliipielle In piv\rnl ihem frniii iiiaUiiiL,' evrvv 
 jirnper (ixerl ion to avert Ihe daiii;er of eidainities whieh they ai(i unuilliiiL; to eonlemplale, lnil Ihe 
 uia,i.''niiilile of whieh seareely admits of exau'^eralion. 
 
 " 1 thiidi that an o|ipnrUniily has nnw arisen when we may reasmialilv lav aside those formal 
 
 I'Oiisideratinns liy whieh, under ordinary eireiimstanees, we niii.;ht have 1 ii ]iieiluileil fmni iiiakini; 
 
 any fresh overture or ili'inonslialinii on this sulijeel. 
 
 "In I iim|ilyiii;,' w illi the r.Tnmmeuilalinu nf ihe I'lesideiU In tenuinate I lie Cnn vent inn under whieh 
 the Oi'e,L;nr Teriilory is at present oeeupied, ihe l.eLrisiature of the I'liited Stales have aei'niu]ianieil 
 their deeismn hy resoliitiniis nf ii iiaeilie and enueilialmy elianu'lri' , and have elearlv simiilied In the 
 l''.xeeiilive ( Inveinmenl llieir desiie ihal this step shnuld not lead In ihe iu|i|iiie of amieahle neu'ntialiniis 
 fnr Ihe seltlenient nl'the i|urstinii. 1 eaii seareely dniihl that the (Invernment of ihe I'niled Stales 
 will lie duly inllueneed hy the lii .-ire thus iineonivoeally ex]>i'essid hy Congress ; and il is in this liiip(! 
 and hei.ef that 1 iinu |irii.'ieil In instiii' i vnii to make annlhei', and, 1 triisl. liiial pinpnsilinn in lh(i 
 Anierii'iin Seerelary nfSlati'. fnr the .-nlu; i..ii ..f '!'.-";e liini,'-exisliiii,' ditlieulties. 
 
 " 1 avail nwself nf this oppoituii'iy Ihe more readily, heeaiise, allhniij;li Her Maji-^ly's t Inveinment 
 h.ive slrnliuly pressed a refereliee nl' ,lie whnlr sulijeel In arliilralin:i, tin", i re hy no means nsriisihle to 
 the ineniivenienee alleiiiiini; sm h a lunde nf prneeerii u, and would williimly iiMiid it if jinssihle. 
 N'othin,;,', indeed, hut the ajiprehi iisinii ihal an ainieahh- seltlemenl hy means nf diieel i.e^ntiatinn was 
 rntirelv hnpeless. wniild ha\e lid them sn ihi idedly In adnpt this eoiirse ; and they a'e slill of npininll 
 that, with sneh a prnspert of iailere liel'nre them, ii would he their duly In adheie as rarnestly as 
 ever to this reeomineiidalinu. Nor ran lliev lielieve that any Chrisliaii ( ln\ eriinn ,il eniild ultimately 
 perseven in reje. liie.,' a pmpnsal of this naliire, whatever iniuhl he their nlijrriinus in lis adnpiinn, and 
 ill the faee of ihe eivilized woihl ilililieialely reeur to the drealful alterualive i'\' war. 
 
 " '.I'he liiunidarv having' lieeli lixi d liy the Cnineiitinn i'( ISl.'i, helweeii Ihe ]inssissir,ns of I Ireat 
 I'lilein ,iud llie rniled Slates, and the line t\( ihimareation haxiiiL: ineii eanied alum,' Ihe IVlli parallel 
 nf l.itilude fur a ilistanee nf SiMI nr I .DUil miles throie^h an unfieiiueiiled and uiikunw n eniinliy. from 
 the l.ake of ihe Wnmls In ihr Knekv Mnunlains. il apjieaivd ;n the (Inverumeul nf the rniled Siairs 
 that il was a natural and reasunalile su,i,';,'esliiiii ihal this line shnuld !■■.' eniilinued alnii;; Ihe same 
 parallel Tnr ahniil half ihal dislanee, and throu,\di a eniintry as little knnwn nr freipieuled. fmni the 
 11" aV Mounlains in ihe sea. .\nd, iudied. willi refeienee In siieh a eniinlry, ihe exlensinn nf any line 
 nf hound, iry alieadv lixed nii,i,'ht eipially h.i\e heeli su^u'ested, w helher il had heeii i arried alnii;; the 
 ■l',Hh or any other p,i alhl of latitude. 
 
 " (til Ihe other hand, however, it may jiislly he ohserved that any division of terrilnry in whieh 
 holh parties imssess eipial rights iiiiL;hl In |ii'ni-e<Ml on a prineiple of niulual eniiveiiienee, r.ither tlinn 
 on the adherenee In an imaLlinary 5,'eni,'r;'.phii'al line; and in this respeel il must he eonfesseil that the 
 hoiindiirv thus prnpnsed wnuld he manifestly ilefeetive. It vvnuld exilude us from eery I'.imiundinus 
 and .iC'essihle harhoiir on the enasl ; it wniild dejirive us of mir loiuj-eslahlisiied means nf waler- 
 iDiiiinuniealioii with the interior for the prnseeulinri of our trade; and il would interfere with the 
 pnssos.Molia of Urilish eolonisls resident in a distriet in whieh il ks helieved that seari'i ly an .\iiieriean 
 eitizcti, i\s 11 settler, has ever S';t hi.s fool, 
 
 13201 h 
 
 Ilisloricnl Note. 
 lS4t;. 
 
t\i 
 
 IlistDric.iI N'ote. 
 
 i84(;. 
 
 " If, therefore, tlie 'Otli pnriillel of Intitiule lie ailopteil as the basis of an agreement, it will Vie 
 iiiiniinlieiit uiion us to obviate these objections, which, 1 trust in great measure, may be successfully 
 Rccoinpl'"'''?''.. 
 
 " You will acconlini^'ly jir(i])ose to the American Secretary of State that the line of deinarcatiou 
 slioulil '' ) continued along the 4'.lth parallel from '.he Itocky llounlains to the sea coast ; and from 
 thence in a southerly direction tinough the centre u? King (ieorge's Sound and the Straits of ,Inan di- 
 Fuca, to tlie Pacific Ocean, leaving the whole of Vauc )uver's Island, with its ports and liiirliours, in tlie 
 jiossession of (!reat llritain. 
 
 " You will also stipulate that from the point at wh.cli the 4'.)th p.irallcl of latiliide shall intcrsiM ; 
 tlie princijial northern brancli of the Columliia Itiver, called Mac^illivray's Kiver in the maps, the 
 navigation shall be free and ojien to the Hudson's liay Company, and to the suhjecls of Urcat liriiain 
 trading with the said Company, until its junction with the Columbia, and from thence to llu' mouth 
 of the river, with free access into and tliroiigh tlie same ; Mrilisli siilijects, wilii tiieir goods, inci'i'liaiidi/.f, 
 and produce, to he dealt with as citizens of the United Stales; it being always understood, iiowever, 
 that nothing shall interfere to prevent the American Government from making any regulations resjiect- 
 ing the navigation of the river, not inconsistent with the terms of the ]iropo.sed Convention. 
 
 " In tiio future apjiropriation of land, the ]iossessory rights of all ISritish selth^rs will of course Ic 
 respected. The Hudson's liay Company should be confirmed in the occupation of I'orl N'ancouvcr. 
 and the adjacent lands of which the Company have been in jiossession for many years. They woull 
 also retain such other stations as were necessary for tlic convenient transit of their commerce along the 
 line of the Columbia ; but all other stations, or trading posts, connected with tiieir present exclusive 
 rights of hunting and of traflic with the natives, witliin the territo.-. a, nth of the 4'Jth degree (f 
 latitude, would in all jirobaliility fortliwith be abandoned. 
 
 "The I'liget Soui'.il Agricultural Company have expended .•■■i- ;ji.. ,ums of money in the 
 
 cultivation and improvement of land on the north of the Columbia liiver. They occu]iy two extensive 
 farms, on which they jiossess large stocks oi' cattle and sheep. These parties woiihl also be entitled to 
 be confirmed in the luiet enjoyment of their land ; but if the situation of the farms should be of ]mblic 
 and jiolitical importance, and it should be desired liy the Covernment of the United States, the wIk.Ic 
 projierty miglit be transferred to them at a fair valuation. 
 
 " I think that these propo.sals for an adjustment of the whole question at issue would be honourable 
 and advantageous to both jiarties. It can scarcely be expected that either of them shouh! now acipiiesce 
 in conditions less favourable than had been previously ofl'eri'd ; and it may reasonably be presumud 
 that each will at the present monu'iit be prepared to make larger concessions than heretofore for the 
 sake of jieace. By this settlement, in addition to the terms proposed to us by Mr. (hiUatin in 182G, 
 we should obtain the liarbours necessary for our commerce, as mcU as an increased security for our 
 settlers and their jwssossions ; and in lieu of the detached district, with its single harbour, offered by 
 the British rienipotentiaries on tiial occasion, the United States would acipiire tlie whole coa.st with its 
 various harliours, and all the 'jrritory north of tlie Columbia, as far as the -I'.ltli degree 
 
 "I am not disposed to weigh very minutely tlie precise amount of compens i. . 
 which may be received by either jiarty in the course of this negotiation, but am «. i-i ' 
 estimate to lie made by a reference to higlier considerations tlian tlie meu balain ol ' ■ 
 gain. We have sought jieace in the sjiirit of peace, and we have acted in the persua.-,i. 
 cheajily purchased by both countries at the expense of any sacrifice which should not tan 
 or affect the essential interests of eitiier. 
 
 " I have now, tiierefore, only to instruct you to inform the American Secretary of State that 3-ou 
 have been ai;tliorized and arc prepared to conclude a Convention, without delay, founded on the 
 conditions set forth in tliis despatch. 
 
 " I am, 4c. 
 (Signed) " AnERDEi'N." 
 
 On the same day the following despatch was also addressed to Mr. Pakcnham by 
 Lord Aberdeen, inclosing the draft or project of the Treaty . — 
 (No. 19.) 
 "Sir, .Vrtylh, 1846. 
 
 " With reference to my despatch Xo. 1 8 of tiiis date, I transmit to you icrewith the draft or 
 project of a Treaty, such, at least in its esser.tial purt". is Her Majesty's Oove'iiment are jiropared to 
 conclude with thi^ United Stales for tli.; tina; - H'ement m ;he t)regon (luestion 
 
 " That project, may ho understood to ei..body all tl . icLtioua which are considered by us as 
 
 liititudc. 
 
 .)■ eipiivalent 
 
 ' iviiivc such 
 
 ■'<••', J l,,yj5 ^,^ 
 
 ' ;t VMuld he 
 
 V b 'louuur 
 
 rccc ■ 
 
xiil 
 
 ent, it will Vie 
 ic successfully 
 
 if (loniaicatiou 
 ast ; iuul ficiin 
 ts of Juan (ic 
 ih'Imiui's, in tl;t' 
 
 shall intcrsct-t 
 llie nii\]i.-», tl;i' 
 (ircat I'lriuiiii 
 ! to tliu mouth 
 ■i, ni('ri'lii\n(ii,;..'. 
 liiiid, lidwevor, 
 iitidus rcsjifct- 
 in. 
 
 1 iif cdurse \'i' 
 111 Vuni'iiuviT, 
 Thi>y wiiulJ 
 lurce ahiu^' tho 
 .si'Ut exfliisivf 
 :'Jth dugrcu (f 
 
 money in tlif 
 two extensive 
 lie entitlod to 
 1(1 Vie of ]iuVilic 
 tes, the whole 
 
 lielionouvalile 
 now ac(|uiesce 
 ■ he presumed 
 tofore for the 
 Ihitiu in 182G, 
 'curity for our 
 )ur, offered by 
 
 ciiiLst with its 
 
 latitude. 
 . vr nijuivalent 
 
 ■ loave such 
 i; !'<.>• 'al loss or 
 
 ).! :t W'juld be 
 J H )h; 'louour 
 
 State that yo\i 
 unded on the 
 
 V.I!EIiI)KI'N." 
 
 akcnham by 
 
 ay lb, 1846. 
 1 tlio draft or 
 re jin^piired to 
 
 3 red by ub m 
 
 indispensable. Tlio wordiuj,' of the Articles may be altered as may be deemed expedient, but tlitir 
 p'lbstanco mu.st be iirL.served, nor can any essential dcimrture from tluit sulistance be admitted on the 
 part of C'ireat I'ritain. 
 
 "Tlie ]iream1ile uiay be considered as ojien to any altt^ralion which may be proposed, and which 
 you may thinl< exp(Mlienl. In tiic project wliicli 1 hav sent yon the delinitiim of tiie territory adopted 
 in tlie ('(Uivention of i.SJT liiis been adiiered to. Tliat dctinition aiip('ars to be the most .suitalile and 
 open lo the least objection. 
 
 •■ if the I'niled States' (ioverinuent .sliould a^'ree to oui terms, such or nearly such as they are now 
 proposed, you will do well to hasten a-s much as possible the (Conclusion of the Treaty, since the present 
 coiwijiiition of the Senate ai)]iears to offer a i;reatt'r chance of acnuiescence of that important body in 
 tliose conditions than mi,i,'ht lie presented at any future jieriod. 
 
 " if, on the other hand, the President should decline to accept those terms, and should make any 
 coiniter-|iroi)osition essentially at variance with their substance, yiai will exjn'css re^iret that you possess 
 no power to admit any such niodiftcation, and, without absolutely rejecting' wliatever pro]iosal may be 
 subiniiicd on the part of tlu! V-nited States, you will refer the wlmle matter to your Ooverinnent. 
 
 " I am, i^-c. 
 (Signed) " Aiu:i;iii:[:n." 
 
 'J lie ilt-aft or project was, as regards tlie description of the boundary now in question, 
 identical with the Treaty r" v.'.tiniatoly ratified. 
 
 On the same day, also, Jlr. MacLano, who liad before this time succeeded Jfr. Everett 
 as the United States' Minister at London, addressed a letter to Mr. Buchanan as 
 follows ; — 
 
 "Sir, " I.iiiuluii, Mnji IS, l.S4i;. 
 
 " 1 received, lato in the day, on the l.'ith instant (Friday), youv desjiateh No. L'T. dated the l!8th 
 (if Ajiril, 184ti, transmittint; a notice for the abrogation of the Convention of the <illi of August, ISliT, 
 between the United States and Creat Britain, in accordance with the terms iiresciilicd in the 11ml 
 Article, instructing me to deliver the notice to her liritiuinic Majesty in ]ieisou, or lo llcr Majesty's 
 Princi]iid Secretary of State for Foreign Aliiiirs, as wil' be most agreeabh; to Ilcr Majesty's wishes, and 
 at th(.^ same time leaving the mode of the delivery o' tlie notice entirely at my own discretion. 
 
 " 1 will of course execute your instructions at the earliest jiracticalile moment. As, however, 1 could 
 only ascertain Her Majesty's wishes, which I am directed to consult, through the I'rinciiial Secretary of 
 State for Foreign Afhiins, sullicient time has not yet been alTonh'd for tliat purjiose ; luid, in the midst 
 of the prejiaration of my des]ialches for the steaniiu' of to-morrow, and of my engagements at the 
 Foreign Oilicu c(Uinected with one of the topics of this letter, it lavs not lieen in my jiower to give to 
 a subject of so much importance that deliberalifm which I am sensible a iirojicr exercise of the 
 disereti(Ui con'ided lo 'la; requires. To iiioriow, however, I pro]iose to .seek an interview with l.ord 
 .Aberdeen ftu' the pur[i(»e, and without loss of time timdly to execute your instructions in the mode that 
 may be deemed most effectual. 1 may add, that althougli it is ahogctlier]irobable that the ]iieseutation 
 of the notice to Her Majesty in ]ier.s(in will not be admissible, and that where a Treaty may be ammlled 
 upon notice by one party, tlie mode of delivering the notice need not be dependent upon the assent of 
 the other ; yet, in the present instance, ' do not apprehend there will be any dillicully in giving and 
 rcce' "''ig the notice in a mode mutuidlv satisfactory, and in coiii"oriiiity with u.sage in such case- 
 
 ■' 1'.! my last despatch (Xo. 4.'^) dati d on the 3rd instant, after an interview with Lord Aberdeen, 
 I iniv 1 you that, pi "oon as he vece ved ollicial iiitenigeiicc of the Senate's vote u]ion the resolntion 
 of notice, b ■ would proceed hnally If^ consider the subject of Oivgon, and direct Mr. rid<enham to 
 submit a further proposition upon the part of this Government, and also that it was understood that 
 lu! would not be prevented from taking this course by any disagreement between the two Houses as to 
 the form of the notice. 
 
 " 1 have now to ac(piaint you that, after the receipt of your despatches on the 15th instant by the 
 ' Caledonia," I had a lengthened conference with Lord Aberdeen ; on which occasion the resumpti(ui of 
 the negotiation for an amicable settlement of the Oregon (picstion, and the nature of the jiroposilion he 
 coutemplated submitting for that purpose, formed the subject of a full and free conversation. 
 
 " I have now to state that instructions Mill he transniitteil to Mr. I'akeiiham tiy the steamer of 
 to-morrow, to submit a new and further proposition on the part of this Oovemiuent, for a partition of 
 lliu territory ia dispute. 
 
 Hietocifiil Note. 
 1S^(;. 
 
 :i 
 
XIV 
 
 IIi>-or;c,il N.> 
 HI 5. 
 
 "Tlio jirojidHitioii, iiinst prolinlily, will offer substantially: 
 
 " Fivst — To (liviilf till' toiiitoiy by the exteiisidii of the line on tiie iiiivallcl of H"i In tin' sf a ; tliat is 
 to say to till' aviii of llir sea ealle<l, r.iivh'.s Hay, thence liy the Canal ile Arro ami Straits of Kuca to the 
 Oeean, and eonliriiiin.t; to the Unitt'd States, what indeed they would jmssess without any sjierjal 
 eontinnation, the rifilit freely to use and navij,'ate the Strait thron;,'hout its extent. 
 
 "Second: To seeuro to the British subjects oecn]iyin,i; lands, forts, and stations anywl.ere in lh>' 
 re'iion noitli of tlie Columbia and soutii of tlu' 4'.Hh ]ianillel, a iieriielnal title to all their lands and 
 stations of wlueli tfoy may )«! in actual occnjiation ; lialile, howe'/er, in all res]ie(ts, as 1 understand, to 
 the jurisdiction and sovereignty of the United States as citizens of t,]ie I'nited Stales. Similar ]a-ivi]ej.'c.^ 
 will lie ollered to be extended to citizens of the Vnilcd States who may have setllemenls north ot the 
 4',ttli ]iarallel ; thmigh I presume it is jaetty well understood that there are no settlements n])on which 
 this nominal mutunlity ciadd ojierate, 1 have no nu'ans of accurately ascertain ini; the extent of the 
 present I'ritish settlements between the Columbia anil the 4'.H'' jiarallel. They are not believed by 
 Lord Alierdeen to lie numerous, however; consistini,', as he suppo.ses, of a few ]irivate farms and two or 
 three forts aiul stations. I laive already, in a previiais despatch, taktii the liberty to remind you that 
 by their (Charter the Hudson's liay ('oni]iany are iiroliiliitcd from aeiiuii'ini: title to lands, and lliat Ihe 
 oceiijiations to be afVecteit by this reservation have lu'cn made either by the si|uatters of tliat Comiiany, 
 or by the IMejet's Sound Land Company, for llie purpose of uvalini,' the prolilliition of tia,' Hudson's 
 IJay Charter. 
 
 "Tliey are, in jioint of fact also, accordin.L; to Cii|il;'''-. Wilkes' account, cultivated and usc'd chiclly 
 iicrsnns emjiloyed in tlie service of the I'ornu'r Company, and as auxiliary to their .general Imsi- 
 1, hunlinLT ami li'a]i]iin,i,', rather than witli a view, as it lias been generally supposed, of coloni/.iii.,' 
 
 or 01 permanent settlenuait. 
 
 " Lastly. The iiro]iosition « ill dcniiual for the Hudson's liay Conijiany the ri;jht of freely navi;..;alini,' 
 the Columbia Kiver. 
 
 " It will, however, as I \indersland, disclaim the idi'a of sovereiLjnI.v or of the i iulit of exercisinj; any 
 jurisdiction or police wjiatever on the ]iart of this (iovernment or of the Comiiany, and will eonteni]il;i!i' 
 only the rii^lit of luivi^atin.u; the river upon the same footin;^ and accnrdinj,' to the same re,i,".dations as 
 may be ajijdicalile to tlie. citizens of the I'nited States. 
 
 " I lia\e already acciuainted yon lliat Lord A icrdcen has very jiositively an<l explicitly declined to 
 treat of the naviu'alion of lla' St. Lawrence in conneiliou willi that of tlie Colundiia ; and that even if 
 it Were (lesirablf lo us to jiioposi' lo oiler one for the otlai', he would on no acrount enter into any 
 ne,uotialion in reijaid lo ihe Si. Lawienre. 
 
 " l'"rom liu^ date of a private letlir to the rresldi'Ut in August. I have sei-u no cause lo chaUL'" 
 the opinion th.il, in any aticmpt to di\ide the ( )rc;,'on territory, the obli;_'ation fell by this (iovernment 
 to jirotect tile riu'his of their subjects wliich naiy have been ac.pur.'d or liavu j;rown up duriui,' t!:.' 
 joint occu])a_' n, would nnwt probably interpose the u'reate^t dillieulty in the way of an aniical>l<' 
 adjustment. And il is now obvious that t!ie proposed res,>ivation of tla' ri;_;ht to the Hudson's Hay 
 Company of freely navit;atini,' the Columbia, and that in fa\(air of the Iiiitish occupants north of ihi.' 
 river, ja'oceed iVoui this source- althoa,L:h it is iirobal.le that uuiw. or less ]aide may bi' I'elt at i^'iviiiL,' 
 u\> now, without what thry may deem an adeipiale eiiuivah-iil, what lias been hitherto li-ndi-red by oar 
 ne;4oiiiilors. 
 
 "In fait, excejit in the suncmliT to ilie I'niled Slates of tin' title of tlie lands not occupied by 
 I'li-ilish subjecis between tile Columbia and the forty-ninth |iarallcl, and also llie surrender of the jini-- 
 dietion over ihe river and the country within the sana- limits, I am afraid il may, with sonu' plansibilitv, 
 be eouleuiled that there is no very material ililVerenie between the ]iresent ]iroposition and that olVercd 
 to Mr. CallalMi by .Messrs. Addin^'ton and lluskisMiii, the Lrilish ue.LXot iators in ISUT. 
 
 " It is SI iiively uiressary for nu.' to stale that the |irii|iosilion, as now submitted, has not received my 
 conntcuaine. Alihoiedi it has lieen no easy task, uiaier all the circiimstances, to lead lo a reojieniii!,' of 
 Ihe ui^'oliatii'ii by a.iy propo^ilion from this ( oivernineiil, ;inil to induce it to ailo|it Ihe parallel of -I'.' 
 ns the basis of a boundary, ne\('rlhe!ess I ho]ied it would have been in my power to ;,'ive the jmsent 
 proposition a less olii'Tiioimble shape, und I most deeply lament my inability to accomplish it. I have, 
 therelore, fell it my duly to diseouraj,'e any expeetalion that il. would be acce]ited by the ['resident ; or. 
 if .subndlled to ihat body, ap]iroved by the Senate. 
 
 " I do not think there can be much doubt, however, that an iin]iression has been jiroduced hero thai 
 the Senate would acce|it the jiroposition now ollered, al least without any nmteriiil uiodilicution, and 
 that the President would not lake the n ,-]ionsibilily of rejecting it without consulting the Senate. If 
 
 :iaU,ai*fe'- ' i ' .WU' "■ • '»*' >-i- 
 
i} sra ; lluil is 
 i|' Fiicu to till- 
 t iniy s]icii;il 
 
 (■whi'i'e in llif 
 icir l;lll(ls iilhi 
 lUiili'i'staiid, t" 
 iiliir]irivili'p'A 
 ! iKiitli (it ttu- 
 s upon wliirli 
 C'Xti'iit (if tliy 
 t lifli(.'Vi>il by 
 lis find twii (ir 
 niiiil VdU tliat 
 , 1111(1 tliiit till', 
 liiit ('iiin]iaiiy, 
 tlic lludsmi's 
 
 d nsfd i'lii(.'lly 
 
 ' jicntM-al liiisi- 
 
 iil' f(iliinizin;,' 
 
 .'ly iiavii,'atini,' 
 
 I'xcirisiiii; any 
 II (•(intcniiilati' 
 ri\i,"ilaliiiiis as 
 
 ly (li'cliii(.'d til 
 d that evL'ii if 
 iiti'i' intii any 
 
 list' til cliati:.'' 
 i ('■iivenimcnt 
 11]) diuiii.i,' ll;.- 
 f an aniicalili' 
 Iludsiin's Hay 
 
 I iKil'tll (if I la' 
 \\']t at 1,'iviiiL' 
 
 ndi/rcd liy mir 
 
 it nccii|iicd l.y 
 r (if the Jnii-;- 
 ic ptansiliiiily. 
 id llinl ofli'iuil 
 
 it lecL'ivcd my 
 
 II T-('ii]ii'iiin,!,' (if 
 ]iarallcl (if -I',' 
 ve ilw. ]ii'(S('iit 
 <li it. I laivc, 
 I'lusident ; or, 
 
 ncinl hero that 
 idiluutioii, ond 
 m Senate. If 
 
 I1H».|,||(11M -'»l»^,4i' 
 
 lfl4G. 
 
 XV 
 
 there ho any reasonable ground to entertain .sucli an impre.ssion, however erroneous, an ofler le.ss objec- Historical Note, 
 tionable, in the first iu.stanee at least, could hardly he expected. 
 
 "It may be considiired certain, also, in my oiiinidii, that the offer now to be made is not to he 
 submitted as an ulliinatum, iiiul is not intended as such; tliouf,di 1 have reason to know that 
 Mr. rakenliain will not be luitlioriiijd to accejil or reject any modification that may be proposed on our 
 part ; but that he will, in such case, be instructed to refer the modification to his (Jovernnient. 
 
 " It is not to be di.sf^'uised that, since the I'l'esidcnt's annual messaj,'c, and the public discussion that 
 has subseijuently taken jilace in the Senate, it will be ditlicult, if not impossible, to conduct the negotia- 
 tion in its future sta,L;es, without reference to the oiiinion of .Senators, or free from sjieculation as to 
 the de^^'ree of control they may exercise over the result. "Whatever, ihend'ore, mi.Ltht be jiriident and 
 regular in the ordinary course of things, 1 think it of the utmost iiii]iortance, u]i(iii the jire.sent occasion, 
 if the President should think uroper to ]iropose any modilication of the oiler to be made by 'Sir. I'akenlinm, 
 that the modification shouhl lie understood as po.ssessing the concurrence of the co-ordinate branch of 
 the Treaty I'ower. 
 
 " It is not eiLsy to conjecture, with any certainty, the extent to which this Government might be 
 induced to modiiy the proposition, evn if they should be as?ured that the Senate, no less than the 
 President, demanded it. It must not escape observation that, during the preceding administration of 
 •ur Oovernnient, the extension of the line on the forty-ninth parallel to tiie Strait of Fiica, as now 
 propi .'cd iiy ^ i(i Aberdeen, was actually suggested by my immediate ]ire(lecess(ir as one he thought his 
 Government might accejit ; and that, in regard to those English subjects who would be left within 
 American jurisdiction by adopting that boundary, he considered that the provisions of Article II 
 of Jay's Treaty as a ju'coedeut for a convenient mode of dealing with them. By Artich; II of Jay's 
 Treaty, Inwever, liritish subjects would not only be secured in the absolute title to all their lauds and 
 effects asfuUy as by Lord Aberdeen's proposition, but would be allowed the option to continue as IJritish 
 .lulijects, and without any allegiance to the Government of the United Stales ; which, according to 
 Lord Aberdeen's offer, as I understand it, thev would not pos.seas. In point of fact, therefore, the 
 substantial jioints of the present offer, and thosd which may be expected to be regarded as most objec- 
 tionable, are little more than the embodiineiit of the various offers or suggestions which, at difl'erent 
 times, have, in some form or other, jirocecded from our own negotiiuors 
 
 " I have myself always believed, if the extension of the line of bouudaiy on the forty-ninth parallel 
 by the Strait of I'uca to the .sea would be acceptable to our tioveinnient, that the demand fif a right freely 
 to navigate the Columbia liiver would be coin]iriiniiscd upon a point of time, by conceding it lor such 
 period as nii^'it be necessary f(U' the trade of the lludsnu's I'ay ('oiii]iany north or soutli of the Ibrt}'- 
 niuth parallel. Entertaining great conlideuce in that opinion, and (Uieming it only reasonable, 1 confess 
 that, from an early period, 1 have usi.mI every argument and persuasion in my power to reconcile 
 Lord Aberdeen to such a liinitatiim, and, a'.'iougli 1 am ipiile aware that, with a portion of the liritish 
 public, an importance it liy no means de.'^; vves is attached to the navigation of the (,'olunibia liiver, and 
 in that of others it is undeservedly regarded as a ji lint of pride, 1 havi! been di.sa]>poiiited by the perti- 
 nacity with which it has Ikhoi, at so much risk, insisted upon. Eeeling very s .e. however, that the 
 present olTer is not made or intended as an ultimatum, I think il only reasmialile to infer an expectation 
 on the part of those who are ort'ering it, not only that moilllii-ations maybe suggested, but that they may 
 ho reasonably reiiuired. And therefore I still entortaiii the ojiiniou, that although, from a variety of 
 causes— in ]iart, jierhajis, from an expeiHalion that in the I'liiled States this point may not be a' olutely 
 insisted upon, and in part from deference to iiileicsts and iminvssions at home — they could not be 
 inducinl in the lirst instance to make an oti'er with such a (|iialilicati(in ; yet, if the adjustuK'nt of the 
 • luestion shouhl be fmind to depend njiiai lhi^■ point only, tla'y would yield tiie demand to the permanent 
 navigation of the river, and be content to ae.c|'t il for such a number of years as would afford all the 
 substantial advantages to those interests they have particularly in view that could be reasonably desired. 
 If th': only (|uesliou ii]iou which tlie adjn.-^li icnl of the Oregon iiue.sli(ni de]iended .shouhl be whether 
 the navigation of the (•olumbia L'iver .■should lie gninted for a period siiflicieiit to subserve all the 
 purj)o.ses of I'lriti.^h subjects within the disputed territory, or whether the right .should be extended 
 indefinitely to a particular cla.ss of I'.ritish subjects. 1 must believe that no English .statesman, in the 
 face of his denial of a similar privilege to American citizens in regard to the St. Lawrence, would take the 
 hazard ujion this point alone of distnrliiiig the peace of the world. Indeed, if the same Jlinistry from 
 whom the present oti'er proceeds sIkjuIiI contiuiie masters of their own proiiosition by remaining in olHce 
 until the qualification I am adverting to woidd have to bo dealt with, 1 shouhl feel entire eon.'idcnce in 
 the belief I have now exjiresaed. 
 
 " I regret to say, however, that I have not the least expectation that a less reservation ihau is 
 
 [320] 
 
 M 
 
Historical 
 lS4(i 
 
 XVI 
 
 Nuc. propospj in favour of the occupants of luiid between the Columbia and the forty-ninth jiarulK'] woukl he 
 asse'iLcd to. 1 may repeal my convittioii, founded u])ou all the diseussituis in which I iiave been 
 engaged here, that in niakiiig ])artition of tlie Oregon Territory, the pTotceti(ui of those interests which 
 have "rown uj) during the joint occu]iation is reganled ns an iiulispensable obliiration on the score of 
 honi>ur, and aa impossible to bo negh'clcd. I am quite sure that it was at one time in eonlem]ilation to 
 insist upon the iree navigation of the Colundiia liiver for liritish sulijeuls und liritish coniiuerce 
 generally, and tliat it has bfon idtimatcly conrmed to tlio Hudson's IJay ("onipaiiy, after great resistauce, 
 and, iu the end, most reUutantly. I'n'iug so conlincd, liowevtr, it woidtl be only reasonable to lindt flic 
 enjoyment of the right to a period beyond which the company might have no great object to use tiie 
 river for the piu'jioscs of their trade. Hut the interests of the I'.rili.sh subjects who have settled upon, 
 and are ()<'cu]\ving lands ncu'th of the forty-ninth, are considered as iiermanent, and entitled, wlieii 
 passing under a new jtnisdiction, to have their ])ossession secured. This, at least, is the view taken dl 
 the subject by this Oovernmeut, and not at all likely, in my npininn. to be changed. 
 
 " I may add, t<io, that ] have not the least reasnii in supjinse it wnuld be jiossilile to dbtaiu the 
 extension of the 49th parallel to the sea, so as to give tiio southern capo of Vancouver's Island to the 
 Tnited States. 
 
 " It may not be amiss, before leaving this subject, to call your"attention to the position of the present 
 Ministry. The success of their nic'asures resi]eetiug the ]iropo.'-ed commercial relaxatidus is (j\iite 
 certain; ami the Corn Hill, having now linally )>as.sed the House of (dnnuons, may be exjiccted, at no 
 remote day, to pa.ss the Lords by a mnj(uity no less deci.sive. From that time, however, the tie which 
 has hitherto kept the Whig ]iarty in sujiport of Sir liobertreel will be dissolved ; and the deteniiinatiori 
 of the rrotectionisl party, who supjiose themselves to have been betray.!, to drive him from ollice, 
 has lost none of its vigour or ])ower. Indeed, it is confidently reported, in quarters entitled to great 
 respect, that they havu even offered to the leader of the Whig ]iarty to select his own tim(v "■'.id ihat, 
 when he is ready, they will be no less prepared to force Ministers to resign. 
 
 " I have reason to know that, at ])resent, > nisters themselves believe a cliange to be inevitable, and 
 arc considering only the mode and the time in which it will be umsl likely to hajijien. It will not he 
 long, after the success of the measures for the re]ieal of the Corn Laws, before o]ipiirtunities enough 
 for the accomplislnuent of the object will occur. Tiio Factory l?ill, regulating the hours of' labour, 
 ■will afford <me, and most probably that on which tlui cliam;e will take place. AVith a knowledge that 
 the change, sooni'r or later, must be unavoidalile. and that the ofl'er has been made to ihi! probalile head 
 of a new Ministry to select his own time, may it not lie experted that, instead of waiting rpiietly to 
 allow the Whig leader to .'elect the time of cnming in, the present i'reniier will rather select his own 
 time and mode of going out, and, with his usual sagacity, .so regulate his retirement as to leave as few 
 • .„stacles as possililc to his restoration to jjower i In thai case it is not very ludikely he would prefer 
 going ciut upon the Factory liill. bef'nre taking ground u)ion more inijiortanl measures ; and, if so, it 
 will not surjaise me to witness the coming in of a new Ministry by the end of June, or earlier. With 
 a knowledge of the projiosition now to be maile, 1 am not jirepared to say that one more objectionable 
 might have lieen ajiprehendud f'rnni a Whig Ministry; unless, indeed, the present tiovernment may be 
 supposed to bo ]iieiiared to accept ipialilications, when jiroposed by the President, which it wa.s unwill- 
 ing at first to oft'er. rpon that supposition, it might Im desirable that the nujdiiications should be 
 offered before the coming iu of a new Minister, who, finding only the acts of his predecessor, withrait 
 a knowleilge of his intentions, migiit not be so ready to lake the responsibility of ii«scnting to a chaUj-'e. 
 + ♦»•*»♦ 
 
 " I have, &G. 
 (.Signed) " Louts JLvcLank." 
 
 The following Wiis Mr. Pakenham'.s report after receiving Lord Aberdeen's despatches 
 of 18th May :— 
 
 (No. 68.) 
 
 " My Lord, " IVadiiii/Zoii, June 7, 1 84G. 
 
 " Her Alajesfy's Oovernmcnt will nci'essarily be anxious to hear as soon as )iossible the result of 
 my first connnunications with the I'nited Stales' (iovernmeut, in pursuance with your Lordship'? 
 instructions of the 18th of May, on the subject of Oregon. 
 
 f Tiii' Ui>t three ii,nni;;r,ii)lis of this luttcr are oniittecf liorc. They linve no rchition to tlu' qiiuslinn liei'orc 
 the Arbitrator, loi.l they havu not (as fur as Her Miijcity i Uovernaient iiiiow) been ijubhshed by the UiiiteJ 
 States' Goverument. 
 
XVll 
 
 illul would bf 
 1 have Leen 
 itort'sts wliicli 
 III tliu score of 
 lU'iiijiliitiim to 
 isli coiiuuerce 
 cat n'sistnuci', 
 Ic to limit tlic 
 ject tn use the 
 ! settled upon, 
 entitled, when 
 view taken of 
 
 tn (ibtain the 
 Lslaiid to the 
 
 of the present 
 I inns i.'j cpiite 
 x]iected. nt no 
 the tie whieh 
 deleriiiiniitioii 
 [u fi'oni ollice, 
 it led to frrcat 
 line, "v.d ihat, 
 
 inevitable, and 
 It will not he 
 mities enough 
 luvs tif labour, 
 nowled^'e that 
 probalile head 
 ting quietly to 
 ?elect his own 
 ,() leave as few 
 e would prefer 
 i ; and, if so, it 
 earlier. With 
 3 objeetionable 
 iment may be 
 it was unwill- 
 ona shoidd be 
 lessor, without 
 I' to a chancre. 
 
 MacLane." 
 .'s (lespatclies 
 
 ^mcl, 1840. 
 Ic the result of 
 our Lordship's 
 
 queslinn lit^forc 
 1 by the Unitcii 
 
 ink;. 
 
 " I necordinsly take advantage of the dejiarturc (jf the ' Great Britain ' stc,ini-shi]> to acijuaint your Hisioriral NoH!. 
 F.ordship that I bad yesterday morning a eoid'erenee, liy aiipointiiient, with Mr. liuchanan, when the 
 negotiation for the settlement of the Oregon (Jucstion wa.s formally resumed. 
 
 "As the best explanation whieli I eotdd offer of the motives whidi had induced Ker Majesty'-i 
 Ctovernment to instruct nic to maki! a fresh, and as your Lordslii]! ho]ied, a final, proposition for the 
 solution of these long-existing dilliculties, I read to Mr. IJuchanan an extract from your Lordship's 
 despatch No. 18, beginning with tjie words, ' In tliis state of alT.tirs, it is a matter of some anxiety and 
 doubt what stejis,' &c., to the end of the despatch. It .seemed to me that tliere was nothing in the 
 oliservatioin contained in this ])art of your Lordship's inslructi<jns whicli miglit not be advantageously 
 made known to the American O ivrnment. 
 
 " Your Lordship's langiuigo apjieared to make a good deal of ini]ire.ssiou upon Jlr. Buchanan. 
 After I read to him the extract which I had ])repared from the despatch, he reipiested to be allowed 
 to reail it over himself, in my in-esenco, with whieh re(|uest I of course comidied. I thought it best 
 not to leave a cojiy of it in his hands, having in view the ]iossiljle, although not ]n'olialjlo, fa", to of the 
 negntiation which nnght render it desirable to deliver to him a enpy at length of the despatch, with a 
 view til its idtimate pulilication. 
 
 " I then laid liefore him a copy of tlie draft of a Convention wliicli accompanied ymv Lnnlship's 
 despatch Xo, lil, whicli Mr. ibiclianan said he wdiild ii:i:.; .li.Uely sidmiit to the I'resideiit for Us 
 consideration. A minuti' of what ]ia,ssed between us was then drawn up and signed, with the draft of 
 the pro]iosed Convention formally annexed to it. 
 
 " Mr. Buchanan frankly told me that, in his opinion, llio only part of the jiroposed arrangement 
 likely to occasion any serious dilllculty, was tliat relating to the navigation of the Columbia, for he 
 said, that the stnuigcst olijectinn existed to granting tlie ]ierpetual freedom of the navigation of that 
 river. I did not fail to jioiiit oui to him the great dili'ereiK'e whicli existed between a pcrjietual and 
 general freedom of navigation, and tlu' fpialilied right of navigation coiiteniplaied by your Lordship's 
 pro])osition. Ho admitted the f(a'ce of my obseivations in this sense, but I collect, from what fell from 
 him on this point, that an attemjit will be made to limit the proposed couces.--ion to tlie duration of the 
 existing charter of the Hudson's i!ay Company. 
 
 " At 4 o'clock yesterday evening I again met Jlr. Buchanan liy appointment, wlien he told mo that 
 the President bad come to the delermiualiiui to submit lair whole lUdposition to tlie Senate for their 
 advice, and that it would accordingly be sent to the Senate at an early day with a Message, which 
 Jlcssage might, and probably would, suggest some modifications of it. What these modifications might 
 be, Mr. Buchanan said, had not yet been determined ; but I imagine that they will not involve anything 
 essentially hostile to the ado]ition of the pro]iosed arrangement, or which may not be overcomo by 
 friendly negotiation and explanation between the two (iovernments. 
 
 " As relates to the Senate, my Lord, when we consider the moderate and conciliatory .spirit in 
 which the entire (itiestiou of Oregon has been treated by a large majia'ity of that body since the opening 
 of the present Sessimi of Congress, 1 think it may be fairly expected that their advice to the I'resident 
 on the reference which is about to be made to them will rather favour than impede an eany and 
 satisfactory termination of the Oregon dilliculties. 
 
 " I should add that, in addition to what Mr. I'.uchanan said about the n.avigation of the Colu'nbio, 
 
 he gave it a.s his ojiinion that it would be necessary, and even advisable, with the view to avoid 
 
 future misunderstanding, to define, or to provide I'm' the early deliiiition of, the limits of the farms and 
 
 lands now in the occupation of the I'uget .'^ound Agricultural Comiiany, and which it is jiropo.sed slurll 
 
 be confirmed to the A.ssociation in perpetuity. To such a juoviso, if conceived in .a spirit of liberality 
 
 and fairness, I imagine that Her Majesty's (loveriimeiit will have no olijection. I'.ut uiioii this point, 
 
 as well as what relates to the navigation of the Columbia, I will act with due caution, and, to the best 
 
 of my humble judgment and ability, in conformity with the spirit and intention of your Lordship's 
 
 instructions, as set forth in your Lordship's despatch Xo. I'J. 
 
 " I have, &c. 
 
 (Signed) " U. I'akeniiam." 
 
 On the 10th of June, the President of the United States sent this Message to 
 the Senate : — 
 
 " I lay before the Senate a proposal, in the form of a Convention, presented to the Secretary of 
 State on the Gtli instant, by the Envoy Extraordinary and Minister Tlenipotentiary of Her Britannic 
 Majesty, for the adjustment of the Oregon question, together with a protocol of this proceeding. I 
 
 H\ 
 
XVUl 
 
 i lJ»U>ri(';il 
 
 l.s^c 
 
 Note submit tliis proposiil to ilio consideraiion of llio Senate, and request tlieir advice as to the action M'Licb, 
 in tlifir judf,'niunt, it nmy lie [irojior to take in roforonco to it. 
 
 " In the o;iilv ]i('iiiMls of tin; flovcninient, tlie iii>inion and advice of tlie Senate were often takru 
 in advano'u ujion iuiiioitant iiiicsiionrt of our f. rci^'ii iiulicy. General Wasliingtou rejieatedly consulted 
 the Semite, and asked tlu'ir juvvious advice upon ponding negotiations with foreign rowers ; and the 
 Senate in every instance re.s]Minded to this call hy giving their advice, to which he always confoiined 
 liis action. This practice, thougli rarely resorteil to in latter linu's. was, in my judgment, eminently 
 wise, and may, on occasions of great importance, ho properly revived. The Senate are a hraneli of il e 
 Treatv-makim,' Power; and hv consulting them iu advance of his own action upon important measure,'! 
 of forei'Mi policv which may ultimately come before them for their consideration, the rrcsidenl secures 
 harmony of action between that body and himself. The Senate are, moreover, a hraiu h of the war- 
 niakim: Tower, and it nuiy be eminently proper for the K.\ecutive to take the ojiinion and advice of llmt 
 bodv iu advance upon any great ipiestion which may involve in its decision the issue of jieace or war. 
 On the i>resent occasion, the magnitude of the s\ibject would induce me under any circumstnnces to 
 desire the previous advice of the Senate ; and that dcisire is increased by the recent debates and proceed- 
 iu'^s in Cou'ness, which render it, iu my judgment, not only rc^jiectful to the Senate, but nei'cssary and 
 proper, if not iiulispensahle, to insure Larmonious action lietween that body and the E.\eeutivu. In 
 conl'crrinu' on the Executive thii authority to give the notice for the abrogation of the Conveiilion oi' 
 1,S''7 the .Senate acli'd publicly so large a part, that a decision on the jirojiosal now made by the Iirilisli 
 ( iovevuuicnt, willioiil a detinite knowledge of the view.s of that liody in reference to it, might render tlie 
 question still more complicated ami dilhcult. of adjustment. For these rea.sons 1 invite the consideration 
 of the Senate to the jiroposal of the ISritish Cioverumenl I'or the settlement of the Oregon (luestion, and 
 ask their advice on the s^d.ject. 
 
 " Mv opinioii.t and mv action on the Oregon question were fully made known to Congress in mj 
 annual Me.<saj,'e of the 2iid of Decendier last ; and the opinions therein exjiressed remain inichanged. 
 
 "Should the Senate, by the constitutional majority reiiuircd for the ratilication of Treaties, advise 
 the acceiilance of thi.'' judposition, or advise it with such moiUlicalions as they nuiy, upon full delibeia- 
 tion deem proper. I shall conform my action to their advice. Should the Senate, however, decline by 
 snch constitutioiuil majority to give such advice, or to e-xjiress an opiuiou ou the subject, I shall consider 
 it my duty to reject the ofVer. 
 
 " I also comnninicate licrewiili an extract from a despatch of the Secretary of State to the Minister 
 of the I'niled Slates at London, under dale of the 2Stii of Ajiril last, directing liim in ac(.'ord,ince with 
 the joint ivsohuion of f'oiigress ' I'onccrniug tlic Oregon Territory,' to deliver the notice to the Biitish 
 l^iovernment for the ula'ogalion of tin? Conveiilion of liie lltJi of August, ISL'7; and also a cojiy of the 
 notice transniilted to him for that ]air])ose, togellier with extracts from a desjiatch of that Minister to 
 the Secretary of State, bearing date on the ISth day of May last. 
 
 (Signed) " James K. 1'olk." 
 
 " Wasliiiujln)!, Jinv 1(1, 1840." 
 
 On tiie same day tlie Piesidcnf.s Mcssiifce wti.s considered, <an(l a motion that the 
 Mcssao-e ami documents comnumicated thcrewitli bo referred to the Committee on Foreign 
 Relations was negatived, as Mas also a motion to postpone the further consideration 
 thereof until 15th June. 
 
 On the i.wo ne.xt following days the consideration of the Message was continued, and 
 an amendment proposing the addition of a proviso to Article II was moved;* but 
 ultimately it was resolved on a division, hy -^S Votes to 12, that the President should 
 be advihcd to accept the proposal of the British Government. 
 
 On 13th June llr. Pakcnham reported to his Government as follows: — 
 
 (\o. 77.) 
 
 " Mv Lord, " ^Vnsldngton , June 13, 184G. 
 
 " In conformitv with what T had the honour to state in my despatch No. 08 of the 7tli instant, the 
 President sent a Message on Wednesday last to the Senate submitting for the opinion of that body the 
 draft of a Conveiilion for the settlement (jf the Oregon (juestiou, wliich 1 was instructed by your 
 
I action wLicb, 
 
 TO (iftun tftkru 
 uiUy t'fpiistilteil 
 wura; niul l\w 
 ays coiiloriMcJ 
 out, omiiiLMtK' 
 I l)raiicli ul' il e 
 rtfiiit ini'iisuri'i 
 ■siek']it Ri-curcs 
 c;li of tlio war- 
 
 ailvioo of that 
 
 jiuiK.'o or \v!ir. 
 rcuiustiuices to 
 IS and i)roce(;d- 
 
 iiocessary and 
 ixet'iitivu. In 
 
 Convention of 
 I liy the Jjiilisii 
 j<ht lender tlie 
 i conaideraticjn 
 , (luustion, and 
 
 ingress in ui) 
 1 unehanj^ed. 
 I'rciities, udvisu 
 1 inll deliheiu- 
 .•er, decline hy 
 . shall consider 
 
 the Minister 
 L-'cordanee with 
 
 1 to the Biitish 
 J a cujiy of tlie 
 mt Minister to 
 
 ;s K. I'OLK." 
 
 tion that tlie 
 e on Foreign 
 ;onsideration 
 
 ntinued, and 
 noved;* but 
 idcnt ijbould 
 
 nc 13, 184G, 
 'th instant, the 
 lliat body the 
 noted by your 
 
 XIX 
 
 I/jrdslii])'3 despatch Xo. 10 of tlie Ifith of May Ut propose for llie acceptance of the United H 
 States. 
 
 " After a few hours' deliberation on each of the throe days, AVednesday, Tiiursday, and Tridny, the 
 Senate, by a majority of 3S votes to 12, adopted, yesterday evening, a resdhilinn advising the 
 President to accept tlio terms pmpdaed by llor Majesty's flovernment. The Tresidont did not liesitate 
 to act on this advice, and Mr. liiiclmnan accordingly sent for mo this nidrning, and informed mo that 
 the ciinditicms on'ereil by llcr Majesty's Gdvernnient were accepted by the tojvcrnnient of tlio United 
 States, witbiiut tlie addition or alteration iif a single W(ird. 
 
 "At llio beginning of onr conversation Jlr. linclianan oljscrvod to me that the privilege of 
 navigating the CVdumbia liiver wiiich, by the second Article of the Convention, is seciu'cd to the 
 iludsun'.s I'ay ('(impiiny, and to iiriti.sli snbjects trading with the same, was understood by the Senate 
 to be limited to llui duration of tiio licence under wlucli tho Company now carry on tlieir ojierationg 
 in the country west of the ilocky Mountains; to which I replied, tliat tlio Article proiwsed by Her 
 Majesty's tlovornnient spcike for il.self ; that any alteration from tlie jirocisn wording of that Article 
 whicli tho United States' Covernmont might wish to iiitrodiico would involve tlie necessity of a 
 reference to England, and consetinnntly, to say the least of it, some delay in tho termination of the 
 business. This, he seemeil to think, under all the circiiinstauees of tlie case, had better be avoided, and 
 it was finally agreed that fair cojiies of the Convention should be prcpareil, and the signature take place 
 on Monday ne.\t.* 
 
 " On Tuesday, probably, the Convention will be submitted to the Senate, where its ajijiroval may 
 now be considered as a matter of coarse, so that the Treaty, with the rresident's ratification, may be 
 forwarded to England by tho ' Great AN'estern ' steam-packet, appointed to sail from New York on the 
 25th of this month. 
 
 " I have, &c. 
 (Signed) " K. I'akenii.vm." 
 
 On iGtli June a further ^lossage was sent by the President to the Senate, stating 
 that, in accordance with tlio resolution of tlie Senate, a Convention was concluded and 
 signed on loth June, and that Convention he then laid before the Senate for their 
 consideration, with a view to its ratification, 
 
 On the same day and tlie two next following days the Message was before the 
 Senate. Mr. Benton's speech was made on the 18th. Ultimately, on a division, by a 
 majority of 41 votes to 14, it was resolved that the Senate advised and consented to the 
 ratification of the Treaty. 
 
 Mr. Pakenbaiu then further reported as follows : — 
 
 (No. 79.) 
 
 "My Lord, "Washington, June 23, 184G. 
 
 " I have the honour herewith to transmit a Convention for the settlement of the Oregon 
 Boundary, which was signed by the United States' Secretary of State and myself, on Monday, the 15th 
 of this month. Tho terms of this Convention, it will bo seen, arc in the strictest conformity with your 
 Lord.ship's late instructions. 
 
 " On Tuesday, the IGth, tho Convention was communicated to the Senate, and on Thursday, the 18th, 
 it received tho ap]iroval of that body by a vote of 41 to 14. 
 
 "Tho American counterpart of the Convention, with the President's ratification of it, is forwarded 
 to London by a special messenger, to \\lioso care, with Mr. Buchanan's penuissioii, I commit the present 
 despatch. 
 
 "Ihave,&c. 
 (Signed) " K. Pakeniiam," 
 
 Lord Aberdeen's despatch in answer to Mr. Pakenham's of 13th June was as 
 follows. It is the document which proves that Mr. MacLane had seen the project of the 
 Treaty :— 
 
 [320] 
 
 Appendix, No. 5. 
 
 N 
 
 sioi'ical Noll', 
 IS 10. 
 
 ■MMW 
 
1!' 
 
 His'oiic.il %'•■! 
 
 XX 
 
 (No. 30.) " Foreign Ojflet, June 29, 184C. 
 
 "Sir, (Z".-?.— //(/// 1, ],S4(;.) 
 
 " Her Miijosty's' Odvoninient Imvn received tliis day, with tlic greatest siUiafai^tiDii, ymir dcspaloh 
 No. 77 111' tlic null iiistiiiil, ill wliii li Villi iiniicniiici! llic accoplanco by tlio Siiiali^ (if tliu liiul't of Tivaty 
 for the seltlriiH'iil nf ilic (liv;,'oii .[luvHtinii, wliii.'li wua convoyed In ynu in my df.s|inl(.'li N'o. 1'.) of the 
 IStli of ^[ay, iiiid iil.sci tile iiileiitioii uf the l'rc9idi.'Ul to iirufCed furlliwitli to the coiiiipletinn of tlic 
 projHwed Coiivciilioii. 
 
 " In your di'sinitcli yoii .slate that Mr. I'lichanan had obaerv'ed ; you that the iirivilepe of 
 iinviLTiitiiiL; the ( 'oluniliiii ilixcr, uhicli, by tlie second Aitich; of the ('onveiitioii, i.s .secuivil to li,c 
 Iliidson'.s I'liy ('niii|iiiny mid to liiilisli siibjecld trailing; willi the ."anie, wa.s iindurHtood by the Seniili- 
 to \n\ limited (o the diiriiljnii of the lieenee luider which the Coiiijiaiiy now carry oil their ojieriitions in 
 the eonntry west of the llueky Mount aiiis ; to which obsevvatioii you very jiroiierly rejilied that the 
 Article |iro|io;ie(l by Her Majesty's (lovcnimeiit siioke for it.ielf 
 
 " Xothini,' in fait can well bo clearer than the laiij,'ua;.;e of that Article. In drawiii},' it uji I hai! 
 not the .sinnlle.st intention of re.strictini» the liiitish ri^'lit to navigate thi! Cohiinbia in the manner 
 siiiiposed, nor can I (:om]iielieiid how such a suiijiosition could have been enlertained by the .Semite, fur 
 1 haverea.sou to know that Mr. MacLaue fully and faithfully rciiorled to hi.s (Joverninent all that jias.seii 
 between himself and me resiiectiiii,' the navij^ation of the t'oluiiibia. In every conversation that wo held 
 on the Rubject of the iirojiosed Treaty, I not only declared to Mr. Macl.ane that we luu.st insist on tl.i 
 penii:inent ri^lit beiiiL; secured to us to navijjate the Columbia, but I even shewed him the jirojcct el 
 the Treaty, and, on hi.s ex]ires,sinj; an aii[ireheiisiou that the jirovisioii contained in the second Artide 
 would not be* accepted unle8.s the ri;,'ht of navigation were limited to a term of years, I [lositively 
 declined to accede to this suggestion. 
 
 " I think it right to state these fact.s, in order to obviate any misa]iiirelien.-]ion which might jiossibly 
 hereafter bo raised on the construct' an of the second Aiticlc of the Oregon Treaty. 
 
 " 1 am. Sec. 
 (Signed) " AiiKum-icN. 
 
 " P..'^. July 1. — .'^ince writing thi.s despatch, T have held a conversation with Mr. MacLane, in which 
 he has freely and fully contiriiKMl all that I have stated above with reference to his own understundinf; 
 
 of the intent uf the second Article of the Oregon Treaty." 
 
 (Signed) "A." 
 
 'I'wo siil)scqticnt dospatclios of ^Ir. PaKoiilinm to Viscount Palinerston (who Iiad 
 succeeded Liiril Aberdeen us Her Miije^ty's I'riiieipal Secretary ol' State i'of l"oixMj,ni 
 Allair.-l arc as follows : — 
 
 (No. 100.) 
 
 " My Lord. " jrashhigtoii, July 29, 181G 
 
 '• Owing to one of iho.se irregularities which arc not unfrer|uontly wiliies.sed in this country, the 
 President's Message to the Senate, subiuitting, for the advice and oiiiiiion of that body, the iiMijiositioi 
 lately made liy ]Ier Majesty's t'lovcrnmeiil for llie settlement of the Ongon tjHiestion, and various 
 other papers coimected with that triinsactiim, have found their way into the public papers, nolwithstaiui- 
 ingthat the injunction of sicresy has not yet been removed. 
 
 " Amongst other jiapers thus publislieil, a eollectioii of which 1 have the honour to inehise,* will hr 
 found a desjialeh from Mr. ]\racLane to his Government, vciioiting what had jiassed between the l^ail (Jf 
 Aberdeen and himself with relation to the pro]iosition which Lord Aberdeen was aliuut to make to thi 
 Government, for the partition of the Oregon Territory. 
 
 " It would ajipear from this despatch that Mr. Mai'Lane had no expectation that the terms jiroposc : 
 by Her ^Majesty's Government woidd be accejitcd here ; that he discouraged any such oxjiectation ei. 
 the juit ot JFer ]\rajesty's Govcrniuont, considering as 'erroneous' an impression, which he found ha i 
 been produced in England, 'that the Senate would accejit the proiiosition now offered, at least without 
 any material modilication, and that the President would not take the responsiliility of rejecting \i 
 without considting the Senate ;' and, finally, that ho gave it as liis opinion to the American Govern- 
 ment that the offer then made was not submitted as an ' ultimatum,' nor intended as such ; in short 
 that some modification of its terms would, without much difliculty, ho acceded to by England. 
 
 • There was inclosed in the dcspaicli a copy of thi; Baltimore Sun newspaper of 23rtl July, 184G. 
 
 ^.u^'l^U&kl^^^l&iL.^j, 
 
XXI 
 
 :e 29, 1846. 
 
 iH4i;.) 
 
 iiil'l iif Treaty 
 No. I'J uf tl.f 
 lilutioii (if till/ 
 
 ! inivilc^ro tif 
 'Oiiivd to till' 
 ly tliu St'imti' 
 o]ieriUioiiH ill 
 iliuil that till- 
 
 ; it 141 I lia<! 
 
 1 tllU lIllllltKT 
 
 hu .Senate, fur 
 ,11 (hat iias.^^ni 
 I tliut \v(! lield 
 iii.sist on tl.i 
 the jirojeet (■! 
 I'diiiil Article 
 !, I [icisilively 
 
 night jiossihly 
 
 ' AllKKDKlCN. 
 
 ..nno, in whicli 
 luideiislanding 
 
 "A." 
 
 )n (who had 
 for l-'oi't'iyrn 
 
 ',/ 29, 1840 
 i country, the 
 le ]iro])ositio!! 
 1, and varioui- 
 notwithstiUH!- 
 
 elose,* will !■" 
 en the Karl v( 
 3 make to thi 
 
 onus ]iropose:t 
 jxpeotation on 
 111! found liii i 
 ; least withoui 
 if rejecting ii 
 iricau Coverii- 
 uch ; in short, 
 land. 
 
 , I84G. 
 
 " It is most providential, my Lord, that Mr, Machine's .lUfi^estionH did not .succeed either in Kn;,diiiiil. I 
 in deterring! Lord Alierdeen from making his ollVr, acccording to his original iiitcntinM. m here, in 
 inducing the Anierieiui (loveriiment to stand out for .some modification oithiil oIIit ulicn it uiis madr , 
 for, in either cieic, all would havi' iierll .spoiled. 
 
 "Till! rre.sidi'iil's Mc-i-iiigc, ir.iiisiiiilliiig thi> propositiim i,t ||,.r ^rajeHly'.^ (lov.-nimeiit li-r llie 
 contiideratioii ,il' (lie Senate i.-f very guanh-d,— upon the whole, rather deprerating thiin encoiiniging the 
 acceptance of the oiler ; hut in thi^ cour.iu the 1're.sident ran no rink and incurred im resp.iii,<:l,ility 
 whatever, lor every om. in WuHhington, at all acrpminted with the di.spusitioii of ihi. Si-initc, knew tli.U 
 audi a ]il■ollli,^!!|n|l Would he accejited by that body, liy a large maj'irity. 
 
 ' I have, (Jc'' 
 (Signodj " I;. l'AKK.\ii..\.M " 
 
 l.N'o. liH'p.) 
 
 " ^h' '•"!■''. •• }rri.4iii;jluH, Aiiijmt K!, IH-lCi. 
 
 "The iujMiiclion of .secrcsy having hcen removed hy n la.solutiun of the Senate, I have the honour 
 iierewith to IraiLsiuit three numliers of the ' riiion ' uMlcial neu.spaper, conlaiiiiiig, in :ni authentic form 
 
 (' Union ■ of Ttli Augu.stj, the iM].er.s relative to the eoiiclu.ii if the Oregmi iiegntiation uliicli 1 had ihi' 
 
 hciioiir III tiansmil, in aii uiiaiithniized lunii with my de.sjiatch \o. 100, and also (■ rnioii.s' nf Kth and 
 lOtli .\iigu.stj two Messages IViiiii the riesideiil lii the Senate, the first commiiiiicatilig fiT .ippinMil the 
 Treiity .-ogiied here on the l.'itli of June, the second conimiinicaliiig dnciimeiits mil hefure cmiimuni- 
 caled to the Senate relative to the Oregon Territmy in lui.swer to a liesolution of the Senate of the 
 ITtli .rui;e la.st. 
 
 "Amongst the papers thus mad.; public, the one which I sliould mo.st particularly recoinmond to 
 your I.oidshi|i's attentinii, is adesjialch from Mr. liiiihauan to Mr. Macl.aue dated the iL'th of .Inly, \.\<\T> 
 (' l.'niou' of Sth August), setting forth the teriiis uu which tin; I'lvsideiit, wiis willing, at that lime, to 
 settle the Oregon C^hlestioii, hut evidelilly with litlliMir 110 expectation that those terms wniild be invepted 
 byOre.it r.ritain, I might almost say with an ex-pectatimi scaicely conceidcd that they wnuld be icjectud, 
 when, to use Mr. Huchanan'.s own words, the I'resident would ' be relieved liiiiii the euibaiias-iiient in 
 which he has been involved by the acts, offers, and declarations of his ]iredceessiirs ' and be justilicd in 
 going to war for the whole territory. 
 
 "The remarkable thing in this despatch is the confidence which it lietiays that, in the 1 mir-e which 
 the President had made u]i his mind to fullow wiili reference In the Oi'e;_'..u i[uestion, he wmild receive 
 the countenance and supjiort of the Senate and the country, even tn the extremity of a v,ar with 
 England. The result has shown that, in this expcftatinii, he did leii d^i justice eitlier in the wisilom 
 and integrity of the Senate, or to the intelligence and gimd sense nf the Aiiieiiciin jicople. 
 
 "Within a few days after the o]ieniiig of the late Sessi I' ( 'migrcjs it be. ime evident that 
 
 Mr. I'nlk's policy rcs]iecting Oregnii was viewed with no fa\nui- bv a huge mainiity nf the Semite, nor 
 was the war cry raised by the nmrc ardent [laitisans nf the .Vdmiui^tratinn ic-iiondcd to in any ; 'f 
 
 the cnuntry. 
 
 " In process of time this conclusion forced itself on the leJiid of the I'nsident and his advisori , 
 hence your Liirdslii]i will find in the ulterior despatches of Mr. Huehaiian to Mr. MacLane a far more 
 moderate and silbduc'd lone, until at lisl they exhibit a pnsitive and iniiiiliatniy desire to settle' the 
 question by comiiromise, the title of the rnited Stales to ' the wlmle nf Oiegmi' having apparently 
 been forgotten. 
 
 ■'If further proof wore wanted of the anxiety of this Government to be extricated from the 
 mistaken position in which they hail placed themselves, it w- ''Id bo found in the alacrity in which the 
 terms last proposed by Her Majesty's Oovernmenl for the ■ ' ei, ent of the coiilroversy were accepted. 
 
 " Suflkient time ha.s now ehijised since the iiroiuulg.itinu nf the Treaty to eualile us to judge of the 
 light in which the transaction has been viewc'd throughout the coiintr}', and il is gratilying to say that 
 it has been everywhere received with .satisfaelion and a]iplause. 
 
 " No evidence whatever of a contrary feeling has come within my oliservalion, except it bo among 
 the disajipointed advocates of a. war jiolicy, who hail staked their political fortune uiion the adoption of 
 exlnane measures, and even in these ipiaiters, I am bound in truth to gay that the irritation is rather 
 ag.uust the rresideiit and his Ministers for having, as they say, deceived and betrayed them, than from 
 any exjiross condemnation of the Treaty itself 
 
 " I have, &c. 
 fSigned) " K. Pakenuam." 
 
 Intoric.'il .Villi'. 
 
■BSE" 
 
 
 m': 
 
 Chko; 
 
 '^i 
 
-rmi^w^iify^sm^m 
 
 XXIII 
 
 CHUONOLOOic.vii List, showiui? tlio Names and IMcs of Apiujiutmciil of 
 
 tllf rliniiKjlogical 
 i> • ■ I.isl. 
 
 various I'ritu'ipal Secretaries of State for Toreigii Ailairs in dreat Hntaui. 
 
 and British Jlinisters at Wasliingtoii, and oi" the various Presidents and 
 Secretaries of State of tlir United States, and l.nited Stales :Ministers at 
 London, from 1818 to 1872.* 
 
 [320J 
 
 Referred to iii the Statement, pnge '2, nolo *. 
 
 o 
 
GREAT BRITAIN. 
 
 i 
 
 Hritisli l-'or,i'.'ii SocriMai-ics 
 (vf Slate. 
 
 Viscoimt C'aslli'reagh 
 Mr. Ca'ining . . 
 Viscount Diuilcv ami \Vai-; 
 Karl of .\1 .>riieeii 
 Viscount Pulmerstcn 
 Duke of Wellington 
 
 \'iscoHnt I'almerston 
 
 ICarl of Aberdeen 
 
 \'iscoMnt Palmerston 
 
 Karl Granville . . 
 
 Earl of Malinesburv 
 
 Lord John UiisjcU 
 
 Earl of Clarendon 
 
 Karl of Malmesbury 
 
 Lord .lohn Uiisjel 
 
 Karl of Clarendon 
 
 Ijonl S'aiiU'v 
 
 Karl of Clarendon 
 
 Earl Granville .. 
 
 I'eriod of Otlice. 
 
 (Mar. 4, 1812, tol 
 \ Sept. 10, IH'J'jl 
 
 :rili^ll .Ministers at \Va>luii[;tcii;. 
 
 Dates <:f ,\|i]ii)intni('iil. 
 
 IIo',.. V. liaffot 
 Sir S. Canning 
 
 Sept. Ifi. lS2-.\t;il I Sir S. Cannnif; 
 April 30, 1827' C. U. Van(.ban 
 
 C It. Vaiii'lian 
 
 C. K. Vaiii'lian 
 
 (April 30,1 827, tol 
 \ June 2, 1828 I 
 
 fjiuio 2, 1828, toii 
 I Nov. 22, 1830/1 
 
 I 
 
 (Xov. 22, IS.'JO.to)'' ,, ,, ,. , 
 { Nov.15, 1834lj<^"'''^''"S''»" 
 
 C. U. Va.ighan 
 
 Nov. lo. 1834. tol 
 April IS, 1835) 
 
 (Ajiril !8, 183.'), toi 
 i Sept. 2, 1841 / 
 
 I (Sept. 2, 1841, to 
 • I July 0, 184(i 
 
 I July 6. 134G, toi 
 t Doe. 27, 1851 ] 
 
 (Doc. 27, 1S51, tol 
 [ Feb. 28, 1852 < 
 
 l-c'b. 28 to Der.l 
 1 28, 18.52 I 
 
 (Dec. 28, 1852. tol 
 I IVb. 21, 1853 I 
 
 (Feb. 21, If 53, to 
 1 F-b. 2u. 1858 
 
 II. S. Fox .. 
 
 U.S. F..X 
 
 Lord Asliburton (Special Mission) 
 
 R. I'akenbain 
 
 U. Palicnliam 
 Sir II. liulwer 
 
 Sir H. Iliilwnr 
 J. v. Cranipton 
 
 I. F. Cra;);o n 
 
 iFeb. 2(1, 1858, t 
 I June 18, I8Jt 
 
 f.Tune IS, 18,-)9,toi 
 \ Nov. 3, ISljj f 
 
 JN'oT. 3, 1865. toi 
 \ July G, ISUi; J 
 
 fjulv G, 186G, tol 
 '( Dec. 0, 1 8G8 ) 
 
 jDcc. 9, 18fi8, to; 
 t July G, 1871) • 
 
 (Julv G. 1870, to 
 
 J, F. Cranipton 
 
 J. V. Cranipton 
 
 Karl of Klijin (Special ^^l3sion) 
 Vacant ' . , 
 Lord Napier . . 
 
 Lord Lyons 
 
 Lord Lvons 
 Sir 1". bruce 
 
 Sir F. Bruce 
 
 Sir F. Uriice 
 Sir K. ThornloD 
 
 Sir E. Thorntou 
 Sir F.. Thornton 
 
 July 31, 18'5 
 July 18, 1S20 
 
 .^^1y 21, 1825 
 
 Oct 2, 1835 
 
 .J.an. 18, 18^" 
 Dec. 14, 184j 
 
 April 27, 184!) 
 Jan. lU, 1852 
 
 Mav, 1854 
 May 28, 1836 
 .Ian". 20, 1657 
 
 Dec. 13, 1^58 
 
 .Mar. 1, ISC5 
 
 Dec. G, 1807 
 
UNITED STATES. 
 
 I'l'OjilllMll.S 'if tlio 
 
 United SiMtcs. 
 
 JaitH's Monroe , , 
 
 ■fnhn Q. Ailnnif 
 
 Andri'w .Iiickson 
 
 M' rliii Van Biircn 
 \\ . 11, Harrison. , 
 
 J. TvUr 
 
 J K, Polk 
 1'^. Taylor 
 
 Millard Fillmore 
 1". Pierce .. 
 
 .1. Buchanan 
 
 A. Lincoln 
 Andrew Johnson 
 
 General Grant , . 
 
 IVrioil of (itfice. 
 
 United States' 
 
 Secretaries 
 
 of Slate. 
 
 (M:.r. 4, l.«!7, tol , , ,, . , 
 I Mar. 4, ia-Ja ''• ''"'"' '■^ ^'™"" 
 
 (Mar. 4, ItS'io, toll ,, ,,. 
 
 ( .Mar. 4, 18^9 I """'T <-'''y 
 
 /Mar. 4, 1829. to 
 t Mar. 4. IS.'S? 
 
 J .Mar. 4, 1837, to\ 
 I Mar. 4, 1841 j 
 
 (Mar. 4 to .April 4,1 
 I 1S41 i 
 
 J April 4, 1841, to 
 I Mar. 4, \Ai 
 
 M. Van nuren 
 ii K. Livingston 
 
 !; 
 
 jl Louis Mac Lane 
 |j John Foriyth 
 
 John Forsyth . . 
 
 Daniel Wehster 
 
 Daniel Webster 
 Hugh S. Leirari 
 
 Ahel P. Upshnr ■ 
 
 \'.ar. 4, 184,'), toi 
 .Mar. 4, 1849 I 
 
 (Mar. 4, 1849, 
 \ Jnly 9, IISjO 
 
 JJnly 9, 1850, tnl 
 I Mar. 4, 18.")3 i 
 
 jMar. 4, 1853, to| 
 \{ Mar. 4, 1857 I 
 
 jMar. 4, 18.')7, to 
 I Mar. 4, ISUl 
 
 (Mar. 4, IKCL toi 
 \ April 15, ISCof 
 
 (April 15. lSfi.'),tni 
 \ Mar. 4, IBW ) 
 
 J Mar. 4, 18G9 to i 
 
 Period of office. 
 
 Mar. 3, 1817, to| 
 Mar. 8, IS'JS f 
 
 [Mar. 8, 1825, to 
 1 Mar. G, 1 S'J9 
 
 (Mar. r,, 1829, to 
 I 1831 
 
 il831 to M.ir. 7, 
 ' 1833 
 
 .'Mar, 7, 1833, to' 
 June 27, 1834 
 (June 27, 1834, to 
 I .Mar. 5, 1841 
 
 Mar. 5, 1841, to 
 May 9, 1843 
 
 I May 9 toJuue 24, "i 
 I 1843 
 
 fJune24, 1843, to 
 \ Feb. 29, 1 844 
 
 John Nelson U l"eh.29 to Mar. fi, 
 
 (Acting) jl 1844 
 
 , , ,■ n u (Mar. (i, 1844, to 
 
 John C.Calhoun I jj.,,_ 5^ 1^45 
 
 James Buchanan 
 
 jMar. 5, 1845. to 
 1 Mar. 7, 1849 
 
 John M, Clayton I j,,,, oq, jy, 
 
 I (Mar. 7, 1S49, to) 
 850 I 
 
 Daniel Webster ij' .„ 
 LJward Everett i< 1H53 
 
 Julv20, 1850, to j 
 
 852 I 
 
 1852, to .Mar, 5,( 
 
 UnitcMl States' 
 
 Ministers in 
 
 London. 
 
 W. L. Marcv. , 
 
 ;Mar. 5, 1853, to 
 1 -Mar, 4, 1857 
 
 , . ^ 1 1 Mar. 4, 1857, to' 
 
 Lev-^.a.s ..I, y^^^ 18, I8C0 
 
 ,, ,,, , (Dec. IS, IStiO.tol 
 
 .S. Uack .. I M„r.4, 18(J1 
 
 \V. n. Seward 
 
 W. IL Seward 
 
 IL Fish 
 
 (Mar. 4, 18S1, to| 
 \ Mar. 4, 18G9 j 
 
 Mar. 4, ieG9 
 
 J. Q. .Adains . . 
 It. Uush 
 
 U. Rush 
 l{. King 
 
 A. Gallatin . . 
 
 W. B. Lawrence 
 
 (OliaigC-dWtr.) 
 J. Barlionr 
 
 J. Barbour 
 
 L. ^'acLane . . 
 
 M. Van Buren 
 
 A. Vail 
 
 A. Stevenson . . 
 
 A. Stcvensr.ii 
 .■\. Stev.nson 
 
 E. Everett 
 
 L. MacLane . 
 
 (i. Bancroft . . 
 
 0. l-!ancro''t 
 A. Lawrence . 
 
 A. Lawrence 
 J. IL Ingersoll 
 
 J. FL IngersoU 
 J. Buchanan . . 
 
 O. M. Dalla-1 
 
 G. >r. Dallas 
 
 C. F. Adams . , 
 
 C. V. Adams 
 It Johnson , 
 
 It. Johnson 
 J. L. Motley . 
 
 Period of 
 appr.intnient. 
 
 Dec. 22, 1817, to 
 April, 1825 
 
 Ausr. 1825. to 
 
 June, 182G 
 I Aug.] 82G, to Oct, 
 I 1827 
 
 Dec. 1827 
 
 !J;;',v, 1828, t.i 
 \ Sept. 1829 
 
 Sept. 21, 1829, to 
 
 ,lune !), 1831 
 Sept. 1831 to Mar. 
 
 1832 
 Mar. 1832, lo 
 
 April, 1836 
 {April, 183C, tc. 
 
 Oct. 1841 
 
 Nov.lS41,toAug 
 4, 1845 
 
 Aug. 5, 1845. to 
 Aug. 15, 184G 
 
 Nov. 2, 1846, to 
 Aug. 31, 1849 
 
 (Oct. 10, 1849, to 
 I Sept. 25, 1852 
 
 Oct. 4, 1852, to 
 \ Aug. 20, 1853 
 
 Aug 22, 1853, to 
 Mar. 14, 1856 
 
 .Mar. 17. 18-)6, to 
 May 13, 1861 
 with vacancy 
 from May 1856, 
 to Jan. 1857. 
 
 May 14, ISGl, to 
 May 9, 1868 
 
 Aug. 18, 1868, to 
 May IP, 1869 
 
 fMav 13, 1869, to 
 I June 1871 
 
 It. C. Schenck June 22, 1871 
 
 "tmmm 
 
\ 
 
 B WN - f 'g j^ T 't T .nf ja,4'j^" ' law^ ' ^^iJ^ ■>.!. ' ' -jJ 
 
 ■ ^JjaJ^l ' ^t^ ' ^^ ' '^■-i.^^^■ ' y^^^■^■^ ' gi■ ' J '' J' ■ J^ ' ! ' J-*w.. ! > .»»» 
 
XXVll 
 
 Memoraiulum relative to the Orijiin uiid Privileges of the 
 Iludsor's Bay Company.* 
 
 Memorandum an 
 Hudson's Bay 
 Company. 
 
 IN 1609, certain Britisli sulijccts formed themselves into '• Company, for the purpose 
 of undertaking an expedition to riudson's Bay. 
 Tlie object of this expedition was two-fold : — 
 
 1 . To discover a nassage through those parts to the Pacific Ocean, or, as it was then 
 oftener called, the South Sea ; and 
 
 2. To estahlish a trade in furs, minerals, and other things. 
 
 For the encouragement of this enterprise a Royal Charter was granted to the Company 
 on the 2nd May, 10(59. By the terms of this Charter, the Company obta ned a Eoyal 
 Grant of the sole trade and commerce of all the seas, streights, b.ays, rivers, lakes, creeks, 
 and sounds, in whatsoever latitude tliey should be, lying within tlie streights commonly 
 called Hudson's Streights, together with all the lands and territories upon the countries, 
 coasts, and confines of the seas, bays, lakes, &c., aforesaid, that were not already actually 
 possessed by the subjects of any other Christian Prince or State. The territory thus 
 acquired was to be thcucefm-th reckoned miuI reputed as one of the British Plantations or 
 Colonies in America, to be called Bupcri^ [^and. 
 
 For nearly a century after the formation of the Company, they confined their posts to 
 the ample territory which had b" granted to them by tlie Charter of Charles II, and left 
 the task of procuring furs to tlu rpri^e of native Imnters, who bro\iglit the produce of 
 
 their hunting to the established marts of the Company. 
 
 The Company continued to enjoy, unii' -1. the monopoly of the trade in these 
 territories, when a rival Company was establi^hed. .ailed the N rth-West Company, which 
 had their head-(iuarters at ^lontreal. The North- West Company, instead of following the 
 system of trade adopted by the Huilson's Bay Company, dispatched th^ir servants into the 
 very recesses of the wilderness to bargain with the native ln'uters at their homes. As the 
 nearer himting grounds became exhausted, th.e North- West Company advanced their 
 stations wcstwardly into regions previously unexplored ; and, in 1800, they pushed forward 
 a post across the Bocky Mountains, and formed a trading establishment on a lake now 
 called Fraser's Lake, situated in 5-1° north latitude. This wouh' ppoar to be the first 
 settlement made by civilized men west of the Bocky lloui! 
 
 Otlier posts were soon after formed amongst the Flat-lioad and Kootanie tribes on 
 the head waters or main branch of the Columbia; and l\Ir. David Thomson, the astro- 
 nomer of the North-West Company, descended with a party to the mouth of the Columbia 
 in 1811. Mr. Thomson and his followers were, according to Mr. Greenhow, the first 
 white persons who navigated the northern branch of the Columbia, or traversed any part 
 of the country drained by it. 
 
 [3201 
 
 * Referred to in the Statement, page 2, note 
 
XXVIU 
 
 Menioraiiiliiir. i 
 lluiison's liny 
 Company. 
 
 In comequcnee of the rivalry existing between the Hudson's Bay and North-West 
 Companies, wiiicli led to frequent conflicts between their respective followers, more parti- 
 cularly with reference to certain settlements formed in the Oregon district by Lord Selkirk, 
 the affairs of the Companies were brought to the notice of Parliament in 1810, and their 
 proceedings were minutely investigated. The Government finally interposed its media- 
 tion, and a compromise was ell'ected, by which (ho North-West Comp.my became merged 
 in the Hudson's Bay Com])any. Subsequently, and in connection with this arrangement, 
 an "Act for regulating the fur tradf and establishing a criminal and civil jurisdiction in 
 certain parts of North America" was passed in Parliament,* containing every provision 
 r ([uired to give stability to the Hudsoti's I'ay Company, anti efliciency to its operations. 
 
 Uy this Act, whicli was ])assed in 18i!l, the Courts of .hidicature of Upper Canada 
 were empowered to take cog..izance of all causes, civil or criminal, arising in any of the 
 above-mentioned territories, includiiig those previously granted to the Hudson's Buy 
 Company, and in ' other parts of America not within the limits of either of the provinces 
 of Upper or Lower Canada, or of any civil Government of the United States." 
 
 Shortly before the passing of this Act, the lluilson's Bay and North-West 
 Companies were united ; and, on the Gth i~)ccember, 18J1, a grant was made by the King 
 to the Company " of the exclusive trade with tiie Indians of North America." 
 
 By this grant the officers in the service o^' iuv. '"'vrapj'nv wore commiss-'ioned as 
 Justices of the I'oace for those countries; and the jurisdiction of the Courts of Upper 
 Canada was rendered effective as far as the shores of the I'acifie, the only exception 
 made in that respect being with regard to any territory embraced in the grant, situated 
 '• within the limits of any civil Government of the L'nited States." This grant was h'.ade 
 for twenty-one years, but bt'fore tlu; termination of that period, a further grant was 
 received from the Crown by the Company. 
 
 In the grant of 18-1 the following reservations were made in favour of the rights of 
 the Crown, and also of those of subj-^cts of foreign States : — 
 
 " ]'ut wc lid lionliy derlaiv that notliiiij; in this (nir f.Tanl cnntt'incil shall bo deciiuMl or consliut'cl 
 to authiirize the said Ciuvoruor and Conijuiuy, or their successors, or any ]iltsiiii,s in Uieii- employ, in 
 claim or exercise any trade willi the Indians on the nortii-wesl coast ol' Aiiierita, to the westward of 
 the Stony ^louutaiiis, to the prejuthce or exclusion of any ot" tiie sidijecis of any foreign States who, 
 undi-r <ir hy llie force of any Convention for the time being between us and siieli foreign StiUes respec- 
 tively, may be eiuilk'd to or shall bo engaged in the ..amc trade, I'nivided, nevertln less, and we d(. 
 hereby declare our pleasure to be, that uolhing herein contained shall extend oi- be construed to jireveni 
 the establishment 1)\ us, our heirs or successors, within the territories aforesaid, or any of them, of any 
 colony or colonii-s, jirovince or provinces, or from ainiexiiig any jiarl of the aforesaid territories to any 
 existing colony or colonii>s to us in right of our Inijierial Crown belonging, (jr for eonstitiiiing 
 any such form of civil g .ernmeut, as to us may seem meet, within any such colony or colonies or 
 provinces." 
 
 Such were the provisions made by the British Government for the proper governmen! 
 of the territories situated beyond the Ilocky Mountains and on the coasts of the Pacific 
 Ocean. The successful result of these measures for extending the trade of the Hudson': 
 Bay Company, and for forming settlements in these territories by Great Britain, is given 
 in the following extract from Mr, Greenhow's History of Oregon ;,:.d California, in whi( h 
 lie says fpage 314) : — 
 
 " The relative jiositions of the two ; iriies .Great liritain and the United Stales) as to the occu- 
 pancy and actual jiossession of the countries in question had been materially changed since the 
 conclusion of the former Convention (Ibl.- hetween ihem. The union of the rival liritisL Companie". 
 
 Act 1 Si. -2 (Jco. IV, cap, CC ; July 2, 1821. 
 
North-West 
 , more parti- 
 Lord Selkirk, 
 0, and their 
 d its media- 
 ame merged 
 irrangomonl. 
 irisdiction in 
 ory provision 
 operations. 
 Pljcr Canada 
 in any of tlic 
 ndson's IJiiy 
 .he provinces 
 
 Kortli-Wcst 
 hy tiie King 
 
 mispioned as 
 irts of" Upper 
 dy exeeptioii 
 •ant, silnated 
 mt was ii^ade 
 er grant was 
 
 tlie rights of 
 
 Ml or c'oiislruL'il 
 iL'ir L'liiiiUiy, 111 
 ho wt'slwiinl (if 
 ,Mi Stall's who, 
 I Status rr.~]iec- 
 k-ss, and wu do 
 ruL'd to ]in;vt'iit 
 if then), ol' any 
 •rviturios to any 
 'or coiistiluiiiiu' 
 )• or colouicrj or 
 
 r governmen! 
 of the Paeific 
 the Hndson'' 
 italn, is given 
 rnia, in which 
 
 I as to the nrcu- 
 iiigfJ since Uu' 
 tish Companies, 
 
 XXIX 
 
 and the oxtontiioa of Ui.j juri.silielion of llui Couvts of l.'ppcr Canaela over the territories west of the McmoraiKlnm on 
 
 Ivicky Ahnintain.s had alivaily |ir,jveil iiiool ii.dvanta'_'eoiis to the Hiulsoii's I'.av (:oin])aiiy, which had at {..''"^'o"'* '^">' 
 ...1 ,• ill ..,.., " ^ J' Compniiv. 
 the same tiiiii; receivtMl the [invihyc (.1 tniilinj: iii tliiil ('miiitry, to the exclusion of all other British J. 
 
 siihjectd. <!reat ellorts were mailo and vast expenses were incurred by this Company in its elfvts 
 ta fcjund Setth'mcnts on the Columhia Itiver, and to acipiire inihienee over the natives of the surround- 
 in,!; eo.iii try ; and so sui'fessful have been those effoits that the citizens of the United States were 
 obHi;ed not only to renounce all ideas of renewiii},' their establishments in that part of America, but 
 even to withdraw their vessels from its coasts. Indeed, for more than ten years afiiir tlie cajiture of 
 Astoria by th..' I'.ritish, scarcely a single American citi/cn was to lie seen in those countries. Tradinjj 
 expeilitions wi.ire subseiiuenlly maile from Missouri to the liead-\\alcrs of the I'latte and the Colorado, 
 within the linn'ls of California, and one or two b.-jiidreil Imiiters and trajniers from the United States 
 were wnerally roving through thai rugiim ; but the Aiiciicaus had no Settlement of any kind, and 
 tlieir (>ijvcrnmetil exercis(;d no juiisdictioii whatsoever \\esl of the liocky Mount, liiis. 
 
 '■ Under such favourable eircumstanees, the Ifudsou's li.iy Coijijiany could not fail to [U'ospcr. 
 Its resources were no longer wasted in dis)iules w't.h rivals; its njierations were conducted with di.sjiatch 
 and certainty ; its posts were extended, and its means of comi lunicalion were increased, under the 
 assurance that the lionour of tlie I'.ritisli ( lovcriiineiiL and nation vas thercliy more strongly interested 
 in its behalf. The agent.? of tlic ('oinpany were sren in evciy part of the Continent -north and norlli- 
 west of the United States and Cinada. from the Atlantic to the I'aeilie, — hunting, tra]i|iiiig, and trading 
 v,itli the aborigines. Its buats were met on eveiy stream and l,d<(^ cenveying lirilish goods into tlie 
 interior, uv furs to the great dejiositoiies oti each ocean, to ship to Knglaml in liritish vessels ; and the 
 utineist erder and reg\ilarity were muilit.iined tlironghoul ly tlie supremacy of [hitisli l.iws, ( tf the 
 trading-posts many were lortilied, and euulil lie defeiuleil by their inmates — men inured In hardships 
 and dangers — against all attacks whii'h might be apprehend'.: ' ; and the whole vast ex]i!in.se of territnry 
 aVnive described, inclmling the regimis dtaiued by the Columbia, was, in fact, ocetipied ly Ihitish 
 farces ait.i governcid by I'rili-ih laws, th'uigh there was not a single llritish soldier, technically .spiaking, 
 witliin its limits." 
 
 The Hudson's Vk\\ Cajinpnny possessed, in 1S44, twenty-two forts or estahlishments 
 west of the Kooky Mountaitis, of wliieli several were situated on the eoasts. 
 
 On the River Cohitnhia were Fort A'aneouver, Fort Walla-walla, Fort Okinagan, 
 Fort Colville; on the liiver !>aptiii or Lewis, a hraneh of the Columbia, were Fort IJoise 
 and Fort Hall. 
 
 To the south of tlie Ci)lnnihia River were Fort George, whieh occupied the site oi' 
 the former settlement of .\sloriit, and Fort Unupia, near tiie mouth of the L'nupia River, 
 whieh enters the Faeide about ISO miies soutli of the Columbia. 
 
 At Paget Hound was i'ott NTasqually, near uliieh place also tlic Company had a large 
 agricultural estabiisliment. 
 
 At tlie entrance of Fraser's River was Fort Fjanglcy, and further north were Fort 
 Alexandria, and Fort JI'Lauglilin on the coast. 
 
 In It'di), a grant of Vancouver's Island was made to the Company by the Crown, I 
 
 but, in 1859, the island wa.: '•esuniod by the Crown, and was made a Colony. 
 
 In 1808, the Company su. tulered their remaining territorial rights to the Crown. 
 and the territory over which those rights extended, under the title of Rupert's Land, 
 was subsequently admitted into and became part of the Dominion of Caua<'a. 
 
rm 
 
wmi^minmmmr^^^rrz'^ - ^JJS! 
 
 APPENDIX. 
 
 [;J20] 
 
 Q 
 
 . I t it i m iiis M am no m u tit h i K t km 
 

 
xxxm 
 
 APPENDIX. 
 
 Appendii. 
 
 No. 1. 
 
 Extract siif.winc Views of Eaiii, fiF Aiti;iiiii:F.N ami Sin Iiichard Pakkniiam. 
 
 Lord Jdhn Hiissill to Lord L/iniiK, 2ilh Aufju.tt. IS'ili ,• rfnd, nnd copy given, to I'aitcd Slates 
 
 Scrnturii of Stolr. 
 
 (Extract.) 
 
 I liuvo t(i stato to you llmt tlie luivl of Ali(!nliH'ii, to wliom I Imvc rcft^rrcil, informs me that 
 lio (listiiictly ri'incmliois tlii' i,'ciieral ti'iioiir of lii.s coiivfrsiitinii.'f with Mr. MiicLiinu on tlio snltject 
 <if liiu Oi'ff^'on liiinndary, nnd is fcvtaiii that it was the inli'iition of tho Treaty to adopt the nud- 
 chnnncl of the. SIrait.s a.s the line of demarcation, without reference to ishinds, the iio.sitioii, and 
 indeed tlie very existence, of wliich laid haidly at tiiat tinu; heen accurately ascertained; and he has no 
 reeolleelion of any mention haviuL; Ix'en made, during' the discussimi, of tlie t'anal tie llaro, or, 
 indeed, any other ehannei than tho.se deserihed in the Treaty itself. 
 
 1 also inclose a ilemoramhim drawn up hy 8ir Ilichard rakenhani, the negotiator of the Treaty 
 of 1840. 
 
 Indosurc in forec;oin^' de,-*[)atch. 
 Memorandum b;/ Sir I!. J'alenliarn on the Water Botnidary imiltr the Oregon Treaty of 1840. 
 
 1 have e.xnniined the ])n|iers put into my hand hy Mr. llaniniond, relatini,' to the line of boundary 
 to be estalilished between the Urilishand I'nited Slates' pos.sessii ins on tiie noitii-wesl coast of America, 
 and ] have endeavoured to call to mind any circumstance which mi;,'hl have occiiried at the time when 
 the Oiefjon Treaty was cnnchuled r.Iune l."i, 184lj), of a nature either to strenjilheii or to invalidate the 
 pretension now ]iut forward by the I'nited Statm Conuuissioner, tn the ell'ect that the boundary 
 oontemjilated by the Treaty, would be a line )iassiii>,' down the middle of the channel called Canal de 
 Haro, and not, as s\ij,',!,'estcd on the jiavt of (!reat Jiritain, alon;,' the middle of the channel called 
 Vancouver's or Hosario Strait ; neither (if which two lines would, as I humbly conceive, exactly fidfil 
 the eiinditions of the Ticaly, which, accmiliiiLt tn their literal lenonr, would reipiire tln^ line to lie traced 
 aloiif; the middle of the channel fnieaninj,', 1 jircsume, the whnle intervenin;,' s]iace;, which sejjarales the 
 Continent from Vanciiuv(a''s Island. And I think 1 can safely assert that the Treaty of .lune l,"i, 184G, 
 was .sif,'ned and ratitied withiait any intimation to iis whatever on tin; jiait of the United States' 
 Government, as to the particular directinn to he given to the line of bnundary cimtemiilated by 
 Article I of that Treaty. 
 
 All that wt^ knew about it was, that it was to run " through the middle of the channel which 
 separates the Cnntinenl linm Vani'onver's Island, and thence .sontlierly through the middle of the said 
 channel and of Euca's Straits to the Tacilic Ocean." 
 
 it is true that, in a des|ialch from Mr. MacLane, then United States' Minister in London, to the 
 American Sccietary nf State, Mr. liuchanan, dated 18th Jlay, 1841), wliich despatch was not, Imwever, 
 made [lublic. until after the ralihcatinii nf the Treaty by the Senate, Mr. Macl.ane informs his tlovern- 
 nient that the line of boundary alioul to be pinposed liy Her Majesty's (loveriuueiit would " ]Mobably 
 be snlistantially to divide the territory iiy the extension of the 'Ine on tho ]iai'allel of 4'.!' to the sea; 
 that is to say, to the arm of the sea called I'.irch's Bay, thence b\ the t'anal d" llaro and Straits of Euca 
 to the ocean." 
 
 It is ahso true that Mr. Senator ISenton, one of the alilest and most zealous advocates for the ratili- 
 cation of the Treaty (relying, no doubt, on the statement furnished by Mr. ]\IacLane), did, in a speech 
 on tho .subject, describe the intended line of boundary to be one pa.ssing along the middle of the Haro 
 Channel. 
 
 Ihit, on the other linml, the Earl of Aberdeen, in his final Instructions, dateil May IS, 1840, says 
 nothing whatever about the t'anal de Haro ; but, on the contrary, desires that the line might be drawn 
 "in a southerly direction through tho centre of King George's Sound and the Straits of Euca to tho 
 Pacilic Ocean." 
 
 It is my belief that neither Lord Aberdeen, nor Mr. ]\IacEanc, nor Mr. Uuehiinan, possessed at 
 that time a'suiliciently accurate knowledge of the geography or hydrography of the region in (luestiou, 
 to enable them to define more ; ceurately what was the intended line of boundary than is expressed in 
 
XXXIV 
 
 Apr'ii<li». 
 
 m'i 
 
 + Aa nflicial'.y 
 printed in tliu 
 United Stales. 
 
 tlio words (if tlio Treiity, iiiid it i^ I'crtnin tliiit Mr. Muplmiian siKiicil tliu Troiity with Mr. MucLine's 
 di'spatcii lit'fiirt^ liiiii, ninl yet, (1ml he iiiiiili' im iiiciilinii wliiitcvcr oi' tlio " Ciiiml tli', llarn as that thruugli 
 
 whii'li till! liiii' (if liimiiiluiy .sliimlil niii, ih umlcrsl 1 liy tliu L'tiituil Stato.s' (Juvuriiiiioiit." 
 
 My iiwii (Iti.spiilLliL'.s III' that iicridd i(iiiluiii im nlwervalinn wlmtuvcr of u tcnduncy cuntrary !(■ 
 wlmt 1 tlms statu fruiii luuiiiory, and tliuy tliorufiiru s(, far pluad in favour uf tliu accaracy ofiny 
 rucuUuctiims. 
 
 No. 
 
 CoilRESrONDKNCE nETWEKN Ml!. liAXfliOKT AMI) Mr. DUf:iIANAN. 
 
 J/r, Bancroft ti .)f jJuchanan.f 
 
 Sir, 
 
 London, November .">, 1810. 
 
 While in tlio Xavy l)i']iariiiir'iit T (•aii.'Ji'd a trarod fn|>y of Wilko.s' chart of the Straits of Ilaro Ui 
 
 lie made. If nut iicfdcil in ilu' Navy Ii('|i,iit ill, 1 iviinrst that the President -nill direct it to be sent 
 
 to this Lei.'Mlioii. It is iiiliiaaled to nii' that qnt'slinns may arise willi reu'iird to the island.s east of that 
 Strait. 1 ask your aiithorily to nieet any such ilaini at the Ihreslioid liy the assertion of the central 
 channel of the Straits of ilaro as lla! main channel intended by the recent Treaty of Waahingtou. 
 Some of the islaniis 1 aiu well informed are uf value. 
 
 Very respnel fully, &c. 
 Hon. James iSuchanaii, (Signed) ' George Banckoft. 
 
 Secretary of State. 
 
 i[r. Buchanan to Mr. Bancro/t.f 
 
 Sir, Di'pnrtmcnt nf Slate, Tfanhinr/ton, Dcrnnhrr 28, 1846. 
 
 I have obtained from the Navy T'opartini'iit, and now Inuuiinit to yon, in accordance with the 
 re(]uest contained m your desjiat.ch Xo. 1 (Nnvember o). the lni(H'd copy of Wilkes' chart of the Straits 
 of Maro. 'I'liis will enalile you to act nnderstandiiiiily n|)on any i|uestion which may hereafter arise 
 between the Uvo( lovernineiits in rosjiecl to the sovereignty of the islands situate lietween the Continent 
 and Vancouver's Island. It is not jirobable, however, that any claim of this character will be seriously 
 preferred on the jiart of Tier I'ritannic Majesty's (lnvernmeiit to any islanil lying to the eastward of 
 tiie t';uial of Arro, as marked in (,'aptain Wilkes' Map of the Oregon Territory. Tiiis, 1 have no 
 doubt, is the channel which Lord Aberdeen liad in view when, in a conversation with Mr. Macl.ane 
 about the middle nf May last, on the subject of thi> resumption of the negotiation for an amicable 
 settlement of the Oregun ipiestion, his I.ordsbip explained the character of the ]iroposilio!i he inteiuled 
 to submit throui,'h Mr. I'uki'nham. As understood by Mr. Macl.aiie, and by him communicated to this 
 Department in his despatch of the ISth of the same month, it wa.s — " First, to divide the territory by 
 the extension of the line on the parallel of 4\)' to the sea ; that is to say, to the arm of the sea called 
 Birch's Bay, thence by the Canal de Maro and Straits of Fuea to the ocean," &e. 
 
 I am, &c. 
 George Bancroft, Esq., (Signed) James Buchanan. 
 
 ic, &c., &c. 
 
 [Inchisuro: Chart of the Straits of Juan do Fuca, I'uget Sound, kc. 
 Ex. Ex., 1841.] 
 
 By the United States 
 
 Sir, 
 
 mem 
 on tl 
 t!:e 
 their 
 the 
 
 No. 3. 
 
 Letters of Mr. Cuamitox siiewi.vi; Mk. Bi'ciianan's Oi-inions, 
 
 Mr. Cramjiton to Viscount I'almcrston. 
 (No. 2.) 
 My Lord, Wanhitiflfoii, Janvnri/, Iti, 1848. 
 
 On the rccei]il of your Lordsliip's despatch No. 21 of the 17th ultimo, by whieh I am iiistructi i 
 to communicate with tlie United States' (.lovernment with a view to the ado|ilion of eaiiy measures for 
 laying down sucli jiarls of the line of boundaiy between the British and I'nited Stales' territory in 
 North Anieriea, described in tiie (Jonveiitinn of the l-'ith June, ]84il, .ts the two tiovernmeiils may, 
 upon mutual consultation, deem it advisabU^ to delcMiiiiiK^ 1 waili.'d upnii Mr. Buehanan for the purjiose 
 of putting him in jiossession of the views of Her Majesty's (lovcrnment ujion the subject. 
 
 After having read to him your Lordship's despatch, together with the Pral't of Inslru<'tioiia to the 
 two Conmiissioiiers to be appointed in case the views of Her Majc'sty's (ioveriimcnt wore coincided in 
 by the GoviT'iment of the United States, I jiroceeded to inquire of Mr. liiichanan whether iIk! minia r 
 suggested by your Lordship of bringing tlio matter under the consideration of the President of the 
 United States, by reading to him your Lordship's despatch and presenting to liiin a copy of the proposed 
 Draft of Instructions, would be admissible. 
 
 Govt 
 pur|)( 
 bourl 
 the 1 
 State 
 
 _ 
 
MacLiine's 
 hat thruugli 
 
 contrary tn 
 racy of my 
 
 i of riaro l4i 
 
 it to b(! sent 
 
 I'li-st of thai 
 
 the ceutral 
 
 \Vaahiu<'tou 
 
 Bancroft. 
 
 28. 184G. 
 ICO with the 
 f the StroiiH 
 ■rcaftur arise 
 lioCuntiiient 
 
 bu seriously 
 i eastward of 
 (, 1 have Lo 
 \It. Mae Lane 
 an uinicable 
 
 ho intended 
 eatuil to this 
 
 territory l>y 
 lie sea called 
 
 [{DCHANAN. 
 
 nited States 
 
 /, 13, 1848. 
 iini instruetf i 
 iiiciisiires for 
 s' territory in 
 •ntnents may, 
 ir the purjHis.' 
 
 UctiiiMS to tile 
 cciiiicided i;i 
 r tii(! manner 
 <ident of the 
 
 [' the proposed 
 
 XXXV 
 
 To this ontirso Mr. Ihiehnnnn oliieet(!d, ns beinj; informal, and contrary to tho prnclico of thu 
 United Slates' (iovernnieMt, which ('(lineiiUMl, he iiddecl, in thai re.^jiert, willi that of the (hivernnient of 
 (Jreat liritain and he re.iiie.stcd nie. in case your Ijiidsliip's in.slruetimis diil not iireeiinhi nie from so 
 lioin^', to eomniunieiite U< him in writing the pre.^i'nt pinpusid of Her Majesty's ( loveiMiiient. toi,'ethor 
 with the eonsideratinns ui.on wiiiiii it is foiiuded, in expliiineil in yoiir i.ordsliip's des|i«teli, lie 
 mi^ht olherwisi', he said.liml it ditliiult to convey to tlie I'lvsiih ut iind to liis eollea;,'ne3 in the Cabinet 
 na clear an e.\|io.sition a,'^ he eoiiiil wi.sii of the views of Her Majesty's (lovernnieiit npim the subject, 
 adding' that these appfarecl In him to be so fair and iinoljeclioaabie tiial he emdd conceive no possible 
 ca.ie in which any incoiiveuieni.'e to ciliiertiovcrinuent v.oidd result from an unreser\ed communication 
 of them in writ in;,'. 
 
 I trust, liiat yoiir I.ordsliip w ill not disa]ipro\c of my liaviii!.', under tjiese eircumstancfs, so far 
 departed from the couise point, d out liy your Lordship's instructi(Uis as to comply w'ah Jlr. iiucbanan's 
 re(|UeHt by addressihi,' to liim lb(! noto of wldch I liave tiie honour to enclose a coj.y, and in which I 
 have endiodiecl the sulistauce of your Lordshiji's despuleh. 
 
 With resp(.'ct to the ex]iediency of layin;,' ilo« n that [lart of tlie lioundary line s>i^jj!eslcd by your 
 Lordsldp's despateh, Mr. lluelianau said thai he coinciile(l in opinion with Her iMaJosly's (iovcrnuu'nt, 
 but he adilod lliat it Was liis own " imjiicssion," alliiou;,di he hail not e.vamini'd the subjert with 
 sullii'ient attention to enalile him yet to .say that it was his "o]iinion," tliat it wouhl be desiralile t(> ),'o 
 furtiier, and to proeeeil to nun!; out on the ;,'round, without uiinecessaiy delay, the boundary lint 
 from till) point where tlu- 4',i|h |iaiai!(d of latitude meets tia: siiore of the (lulf of ( k'oioia, easl\\ard 
 to wliere il strikes the Coluiulaa L'iver 'llie ]ioilioiis for wliiiOi an estimate is made in the 'oi\\ section 
 of ColiiMcd l'!slciuiil's Memorandum I. uud this npjieared to him to lie advisable from the rejiorts he 
 had latidy received of the ripid lu. inner in which coloiiis!s from the I'uilcd States are sjireadin;,' in that 
 direction. 
 
 S|ieal;in;,' of the word "channel." as cniploycil in the Convention of dune lS-l(i, Jlr. lluclianati said 
 that he himself and lu! |iresuined Mr. I'.ikeidiam, in nei,'otiatin,u' anil sitiniu;,' that Conveulion, had 
 always coneeived " idiamad " to mean the " main navioable channel," wherever situated, but be admitted 
 that he had never himself examined, nor did he eveti recollect ever to have seen, Vancouver's chart ; 
 and allliouidi he diil not seem ]irepared to contest the lU'obabilily of the chainiel luarkcd with soundinj,'s 
 hy Vancouver in that eliart bein^', in fuel, "the main navi;,'abl(' chaiimd," he evideiuly hesitated to 
 ado|it that opinion without further oeoi;ra|ihical evideni'c, tlirowin;,' out a su;.'^esliiMi that it wcudd 
 yjerhaps be better that such iustruetious should be j,'iven to llu' naval otlicers to be ein]iloyed as Joint 
 Commissioners, as wi uld enalile them both to deteimiue which of (he channels was, in faet, the 
 
 main navi;^able channel, and to mark the boundary 
 ascertained. 
 
 'file subject, Mr. liucbanali nssuied me, should receixe the 
 States' (lovernmeiil, with every disposii ion to avoid ihday or di 
 object which he f<dt to be extremely desir.dile for both Govermneuts. 
 
 wn the middle of that channel :o 
 
 Soon as 
 
 immedial(! iiltemioii of the United 
 ic\dty in the acconipli.shmcnt of an 
 
 (Signed) 
 
 1 hai-e, &c. 
 
 John V. Cii.\Mi'ro.v. 
 
 Mr. Critinjiton to Mr. Murcy. 
 
 AppiMiJii. 
 
 Sir, Wii.-liiiiiil<in, Fibritarij 0, IHoiV 
 
 I have been instructed by Her M.ijrsty's Covernnuuit to call the serious attention of the Covern- 
 liient of the I'nilcd Slates to'ihe uiis.uisfactory and ha/ardous state of tliiuus which eontinues t<) exist 
 on the bouiulary which divides the Torritory of Washiii,i,'tou from the llritish I'ossessions occujiied by 
 the Hudson's I'.ay (.'oniiiany ; and Her Maji.'sly's (iovermuent direct me to e.x|iress their re^jrt t that 
 their rejicatcd leiiionstrances have not led to any liu'asures which seem to have succeeded in reslrailiiiif: 
 the aets of the authorities of that Ten-itory. 
 
 1 have already had the honour of addressiu.L: your Ile].artment (in a note ti> Mr. Hunter on the 
 'JTtli duly last), res]iectin^ the depredations uiion the propertv of the Hudson's Lay ("onipany on the 
 Island ot' San Juan, by ^ir. Kllis Laruc^.s. SberilV of Watcom County, of the Territory of \Vashin.t,'ton, in 
 virtue id' an alle.i:ed claim for taxes A\w to the authorities of the Territory ; and 1 have imiw the honour 
 to enclose the copy of a further letter fnun the tioveriior of tlu^ Hudson's Lay Comjiany, together 
 with its accoiuiinnyim,' documents, in re,Ljard to the same matter, from which it aiipeais that no 
 reparation whatever" has been made to the Comi)iiny for tlie viuy heavy losses which they incurred (.n 
 that occasion. ^ 
 
 Vou will at oiu'C Jierceive, Sir, that the occur'cnee in question has arisen out of the Coiillictini; 
 <'lainis of the authorities of Vancouver's Lsland and of AVashinoton Tenilory to the juri.sdietiiui of the 
 Island of San Juan, as a])pertainin!,', under the ]irovi,don3 of the Treaty between Cleat Liitain and the 
 L'liited States of lS4ti, to the dominions of their respective (lovernmciits. 
 
 San duan is one of Ibe small islands lyin;,' in' the (iilf id' (iemfiia, between Vaiu ouver's Isi.ind 
 and the maiidand; and the ipiesi ion which has arisen between the 'iiartics re;4ards the iiositiiui of the 
 channel throuL,'h tlie nuddle of which, by the provision i f the 'I'reaty of L-ilH, the biumdary line is to 
 
 hi! run. 
 
 In the early ]iail of the year LS-tS, I had the honour, by the iustruclum (jf Her .Majesty s 
 Covernment, to iu-o|iose to the Government of the United States to name a .loint Commission for the 
 purjiose of markini; out the north-west biuindary ; and more iiartieidarly that jnirt of it in the neiLdi- 
 boinhood of Vanciuiver's Islanil, in rej;ard to wiiich.as you will |iercci\e from a reference to iiiy note of 
 the loth January of that year to ihe Iloniu\rable James Luchanan, the Svcretary of State ('f the United 
 States, Her Majestv's C.overnment already foresaw the ptissibUity (d' the occurrence of nu.sunilor- 
 [320] " " R 
 
XXXVl 
 
 A|ipni.llx. .itniiiliiig lu'twfi'ii till' si'ltliTS of tlm Tcspoclivo ii;i(i(ins: iini) Ifcr Miijcsly's (Jnvornmcnt, (nnniover, 
 
 — tlioii ]iiii|"iti'il, ill oilier lit unci! til pii'iliicli' Hiicli iiiimiiiili'istiiinliiitis, timl bi'Curr iriHiriictiiij^ their 
 
 rcsiH'ctivi' ('uiiiiuissiiiiirl.i, till! t\Mi <iii\rriiliirlll,t kIhuiKI iiuTni to ililii|i|, as tin' " rliiililii'l " ili'sij^'tiiitt'd 
 
 by tlio Tii'iil y, tluit iiiuiki'il liy Viuicmivi r in liis ilmrls us llm niivigiilili' cliiiniii'l, iiiid laiil down \Mlh 
 
 soutiiiin,i,'M liy Unit iiavi;,'ii(or. 
 
 Mr. Itiiiliaiinn t'litinly rnnciiniiiL; in tin' i'X|ii'ilii'noy of losing no limp in ili'tcniiiiiini,' tlii! jioHitioii 
 of till' lioiiiidary liiu', nrvritiifli'si Irit aniiic oli|riiioii to adopiin^' tin' ilmniu'l iiiaiki'd liy Vancouver 
 as the " climiiicl " ili'Hii,'iiali'd by tin' Treaty, in tlic aliHriicc of ninri' accmnli' L;i'oj;rai'liical inrommlloii, 
 mid 111' siii_'f,'i'.sloil lliat tliu .loiiil Cuniiiiissioni'is, \\\wi\ nppoiiitnl, plionid lie in the first [ilace 
 inslnuted to survey llie re;,'ion in ipieslion lor the pui|iose o( iiscortainiii),' wiiellier the I'lianiiel iiiaiKcd 
 liy Vaneoiiver, or some otiier cliatinel, as yel unexplnreil, lutween the numerous is' .iids of the (lulf of 
 (»i'or;,'ia, should lie ndopted as the channel desi;,'iiated liy the Treaty, or, in other ords, should lie found 
 to he the main eiiaiiiiel. tliriMi;;h the niiddlu of which, occording to the },'uni. dly udiuitted priiieiple, 
 thu boundaiy line should be run. 
 
 To this sui,'i;estioii Her .Majesty's r.ovenilueiit, in tlip liopo that ininu'diufe measures vould be 
 lalien by the tioveninieut of the riiileil Stales to nanit! Coiriiui.ssiiiners to iirucueil to tlii! Bpiii with 
 those already desi;;iiiited by the lirilish ( loveinijiriil, made no olijeetion. 
 
 It has lieeii n subject of rejiiet to Her Maie>t\'a lioverninent that, from c.iuacs ujion which it is 
 unneeessary to dwell, no a]i|iointiiienl of Cniumissioners has, up to the juesent time, been made by the 
 (iovenimeiit of the raited Stales; and I am now instructed a^jaiii to press this mattir on tlu.'ir ciirnest 
 illtelitioli. 
 
 Sli mill it iijipear ]iossilili', however, that this proposal rannot bo met by (ho IJovernnu'nt of tliP 
 I'liiled States without fuilber dilUciilty or delay, 1 would aj,'ain sie.'u'est the expediency of the 
 adiiption by both tinveniiiients of the channel marked as the only known iiavij,'able channel by 
 . ucouver, as that desiv'iiated by the Treaty. It is triu! that the Island of Sanduaii, and perhaps some 
 others 'if the L'riui]) of small islands by which the (iulf of (ieorj,'ia is ,studdcd, would tbns be included 
 within I'.riti.-h territory; on the other hand, it is to bo considered that the islands in i,iu'stioii are of 
 very si. .all value, and that the existence of another iiavi;,'alili' channel, broader and deeper than that 
 
 laid down by Vai iivcr, by the aduiition of which some of tlmsc islands iiiiL,'lit possibly fall within 
 
 the jurisdiction of the United States, is, accnriliie.' to the re].! rts of the mo.'it recent navijjalioii, extremely 
 iui]ii'obable ; while, on the other hand, the contiiiued existence of a questiim of doulitfiil jurisdiction 
 in a ciiuiitiy so situated as Washiiiutoii Territory and \'ancoiiver's Island, is likely to fjivc rise to a 
 recurrence of acts of a similar nature to those to whii'h I have had the honour of cilliiif; your attention, 
 and w hiih I have n ■ doubt would nut bu leas duplorcJ by the Guvormuuut, of the United States thou by 
 that of (jrcat iiritaiu. 
 
 I uni, I'cc, 
 (Signed) Jniix !•', Cka.mitun. 
 
 Sir, 
 
 No. 4. 
 
 + As officially 
 , rinted in tlie 
 t iiited Stall's. 
 
 OONVEIISATION AND COUKESI'ONI S'CE liKTWllK.N Mlt. IjANCIIOFT ANH VlSCUU.NT I'ALMERS'lfJN. 
 
 Mr. Bancroft to Mr. Luchanan.f 
 
 Sir, United States' Legation, London, Aii/juat 4, lS-18. 
 
 • • • « • ' • 
 
 The lludsnii'.s liny Company havn lieen tryin.:; to pet a grant of Vancouver's Island, I inquired, 
 from mere curin.^ity. adoul it. Lord I'aliiiersluii replied that it was an all'air that belmiged exclusively 
 to the Colonial ( )tUce, and he did nut know the inlentions of Lord Crey. He then told nie what I had 
 no', known before, that he had niaile a ]>ropositioii at Washington fur marking the bnundaries in the 
 north-west by setting' iij) a landmark on tiie point of land where the 4',.llh par.illel touches the .si'a, and 
 for ascertaining' the division line in the channel, by noting the bearings of certain objects, I observed 
 that on the mainland a few siiii]ile astronomical obaervalions were all that were reipiisite ; that the 
 water ill the Channel of Haro did not reipiiru to be divided, since the navigation was free to both 
 parties ; though, of course, the islands east of the centre of the Channel of llaro were ours. He had no 
 good chart of the Cregoii waters, and asked me to let him see the traced copy of A\'i Ikes' chart. He 
 spoko of the ]iro]iriety of settling delinitively the ownership of the several i.slands, in order that 
 sottlenieiiis might not be begun by one ]iarty on what properly belongs to the other. Ou ruturnuig 
 home I sent hiui my traced copy of AVilkes' chart, with the note, of which I inclose a cojiy. 
 
 I am, &.C. 
 (Signed) Gkokoe BANcnorr. 
 
 JkcIosutp ill l.ist 
 1 I'f j,'oing Idler. 
 
 Mr. Bancroft to Viscount Palmcrston.^ 
 
 My dear Lord, 90 Eaton Sijvare, July 31, 1848. 
 
 As your Lnril.^hip desired, I send for your in.spcction the traced copy, made for me at the Navy 
 Dopartmeiil. of Wilkes' Chart of the Straits of .luan ile Kura, I'uget's Sound, &c. iScc. Unluckily, this 
 COfiy does not extend ipiili; so far north as the jiarallel of 4'J' ; though it contains ihe wide 
 entrance into the Straits of Arro, the channel through the middle of which the Uuundary is to be 
 continued. 
 
 The upper part of the Straits of Arro is laid down, though not on a large scale, in Wilkes' map of 
 
 ."oJtiiiiJttJ^ 
 
 
XXXVII 
 
 the Ort't-'oii Tcnitory, of \vlii(^li I hiii Hurry to mhv I liiivc ni>f ti cn-.y, l.iil wliicli iimv Ijo foiiinl in tlif 
 All.w tn tlic Nurnitivu nltho Uuiti.d Slates' KxiiluViiij- Kxi/t'diliun. 
 
 I ri'iiKiiii, fic. 
 
 (SiglK'ilj (JKnmiE lUSDllOFT. 
 
 Vuniiint J'almertton to Mr. Jlinii-rn/t. 
 
 Fiiiriiiii OJflce. Aiuiiid "A, 184H. 
 Mscoiml I'liliiicrstiiti j>rc.siiitM Ills ciiiiiiilimfiita to Mv. Hiiik Kill, iiimI Iims lliu liDriimr Ui return to 
 liini liciciwiih, Willi liiH Im'si llmiiks.ilie IriniMJ ,.,,|,y (,t Wilkes' C'lmrl ol'llii! Stmils of.Fuan ilo Kucii,&c„ 
 which Mr, liiiiioniit so oLm^ 'ij^ly aeiiL I(j Lord I'lil'iueiston <jii IIk; .".Ist iilliiuo. 
 
 Mi: L'lincro/t to Viacount Palincrsloii. 
 
 ^'y '-"r'l. KiS, £\ifm .S<ji'iin Aorahher ;i. lrt4H, 
 
 I dill iKil fir^ri'l yiiiir Lnrdsliip',! dcsiri! to sum the, Uiiilnl Stulia' suivcya of the waters of I'li^ffa 
 
 Sound, mid tlmsii ijividiiiu' Viiiirmncr','-- Isliuid froiii our t()rriUiry, 
 
 'i III SI' surveys liuvLi Ih'cii rrihiccil, mid liiive just liceii |iulili.-'lii'd in three jiarls , and I triiiiHUiit, 
 
 fur yniir l.iird>lii|i's ucre|ilancc', llie lirsl iii|iy wliieh I have reecivnl. 
 
 'I'lie surveys exriiiil lo the liiu^ of -lir ; mid hy eiinililiiini; two of tlie ehiuts. your r.nrdslii]! will 
 
 readily tniet! the wliole eoiiise ot thi! (;liniinel of Aiiii, lhiiiii;;h the niiiidh; of wliieli our liouiidiuy iii.t^ 
 
 passes. I think you will esteem the work done in a manner very creditublu to tho youii^j navy oUieeru 
 
 (oiieerned in it. 
 
 I have, i*w-c. 
 (Sij^'iicd) (W'.umiK liANciiorr. 
 
 VwruHiit I'almcrslon to Mr. Ilancro/l. 
 
 Sir, Foreiiju Ojlirr.Xonmlicr 7, 184a. 
 
 I lie;,' leave to return you my hest tlninks for the .•siin'eya of I'uget'a Sound, and of tho Gulf of 
 Cieor;iiii, which uce,oni]ianii!d your letter of llie Jird iiist:nrt. 
 
 The inforiiiiition as to sni;nilin;.'s coiitiiiiied in theso charts will, no douhr, ho of i,'reat service 
 to the Conimissioiiers who are to he n[i]iointed under the Treaty of Ihe loih of .lime, I,S4i;, hy assistirifj 
 them in duteruiining where the line of boundary deseri lied in the Ist Article of that Treaty ou},'ht 
 to run. 
 
 I have, kv. 
 I'Si'^ned'i I'AI.MiasST'i.v. 
 
 No. ,■). 
 I'KorosEU Amicnumunt ok AuTici.i'; II or Ti:i:.\ty, 
 
 TliO following,' was moved in the Senate of tlie I'nilcd Stales, ou 12lli June, 18-10, as au addition 
 
 1(1 the Iicsolutioii advisiiiLT the rresideiit to aceeiit the )ii'ii|insal : — 
 
 " With the following: jiroviso at the end of the llnd Article of the [iropo.'ied Convention, to wit : 
 '"rrovided. That the ri;,'lit of iiavi;.'alin;4 the (.'ohiuiliia l.'iver secured to tho Iludsnu's Uny 
 
 Company, and to all liritish sulijects trading' with the same, he limited to the year .\.l>. IStili, when it 
 
 slinll eeaau and determine.' " 
 
 Mr. Buchanan to Mr. MacLanc. 
 
 (No. 34.) 
 
 Sir, DqJartmcnt of Sliilc, WK-thiiiptoii, June lo, 1H4C. 
 
 The President comnmnicated lo the Senate, on the KKli instant, a coiilidcntitd messnp", of which 
 I transmit you a co]i)', asking' their jirevious advice in re;,'aid to the I'lojrl of a Convention for the 
 adjustment of the ()iei.'on (luesliou delivered to me hy 'Mr. rakcnhaiu (lu the t'lth instant. 
 
 On yesterday tlie Senate ado]iled the I'ollowin.i; resolution; — 
 
 '■ lir.vdml, (two-thirds of the Senators jiresent concurrinL;), Thnt the President of the United States 
 be, and he is hereby advised to accept the jirojio.'ial of the liritisli (lovt'rinuent accom|iaTiyiiii,' his 
 inessai'O to the Senate dati^d lOlh June, 1S4(), for a Convention to settle boundaries. &e., between the 
 United States nnd (ireat Britain, west of the Itocky or .Stony Jluuntains." 
 
 The vote of the Senate stood liT* to 12. 
 
 I have learned from tho beat sources that the Senate qave this advice under the conviction that, by 
 
 Aiii.milii. 
 
 * So, in Ihe letter as officially printed in the Uaited States. 
 
XXXVIU 
 
 Atipi-n iix. 
 
 the in.. ..onMrn.-tiu,, of Iho socon.l Avtirle of the l«ro,,et, tl.o r„'l.l of ih. \huhnn .U^y i^nm ^ 
 
 mi'mto tlK. fohnubi. nvouU oxi.iro ^vitl, tl.o tonuuu.Uon of t .on- proson lu..nc. to tra.le w,lh 1 1. • 
 
 Inns kv, o„ .1,0 „ortl,-xve.t. const of Amorim on tl.- ;>Oll> May 18. .. In „ ...nvomtion uith 
 
 M, I'nkonhnni tn-,l„y I rnmiuuuiwtL.a this fa.t to 1 an, >uul roquusU..,! hnii U, slato it lu his .lo.,mtrh t.> 
 
 '■'''''VI'''"t1':"v will be .sifjiKMl an.l sent to tlio Senate on Monday noM, ; an,l it is i.mre than ,.rohahlo 
 thai thoy ^vill,■in some form or other, i^laco in.on iheir records their luulerstan.lu.j,' of its true eonytni.^tion 
 in this particular. ^ ,^.^^.^ ^^^, 
 
 (Signed^ .Iamfk BrciiANAN 
 
 / 
 
I'oiTipany to 
 It! with the 
 •satiim with 
 
 llc'S])fttlll 111 
 
 liin ]ii'oii;ihl(5 
 constnii'iii'ii 
 
 .rniANAN. 
 
 /