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Un des symboles suivants apparaitra sur la darniAre image de cheque microfiche, selon le cas: le symbols -^ signifie "A SUIVRE", le symbole V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too Sarge to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, t&bleaux, etc., peuvent Atre film^s A des taux de reduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul clich6, il est film* A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Las diagrammes suivants illustrant la mAthode. 1 2 3 1 2 3 4 5 6 MEMORIAL CANAL I)E HAIIO AS 11 IK BOINDAHV IJNK <>F TIIK UNITED STATKS OK AMKHICA, I'KK.SKNTKI) IN TIIK NAMK oK TIIK AMKRK AN OOVKKNMKN I' TO Ills MA.IKSTY WILLIAM I. CKRMAN KMI'KHOH AND KIN(i OK IMUSSIA AS ARBITRATOR BY TIIK AMKKKAN I'LKNII'OTKN'IIAHY. (tKOKUE hancroft. J MK.VIOKIAL. I hr tt-eaty ot wliicli tlic iiitcrprctjitioii is rdrrrcd to Your Majesty's arl)itniiii<'nt wiis ratifit'd inoi-o than a (juartor of a century a/y my country to uphold its rights. • Six times the United States had received the oft'er of arbitration on their Northwestern boundary, and six times had refu.sed to refer a point wheiv the importance was so great, and the right .so clear. But when consent was olitain- ed to bring the question before Your Majesty, my cotmtiy resolved to change its policy, and in the heart of Etuope. before a tribunal from which no judgment but a ju.st one can ciiiMiialc. to cxiilain tlic solid rdiiinlMlinn of our (IciumihI. jiikI tlic priii<'i])lcs of iiuKlcrdtioii and justice liy wiiicli we have liecn governed. Tlio case involves (piestions of ^eo^rapliy. of liistoiy. and of international law: and we arc ^dad that the diseussi(.ii should !)(' held in the midst of a nation whose sons have Neen trained in those srienees hy a Carl Kitter, a Uanke. and a llelVter. The ioiuf continued controversy has tended to estran^^'c from each other two of the ,«:r(>atest powers in tlie world, and even menaced . thoui^h remotely, a conllict in arms. A want of con(i(h'nce in the disjjosition of the Hritish tfovernment lias iieen sinking into the nund of the states of the Tnion now risinj,^ on the Pacilic. and nn^ht ^n-ow into a popular conviction, not easy to lu" eradir-ated. A(>er havhi^ secured union and tran(|uillity to tlu' ijeojjle of (Jerinany. and attain- ed a haiipiness never iiefore allotted liy Providence to Ger- man warrior or statesman, will it not lie to Your 3Iajesty a erowninfi: glory now. in the fulness ofyear.s ami in the (juiet which follows the mitfhty struggles of a nio.st eventftd life, to reconcile the two younger iu-anches of the great (iermanic Familvy TlIK POINT F(tK AKHITHATIUN. The point suiimitted for artiitration is limited with ex- actness. Hy Article I of the Treaty coiu'lu«un- dary hetween the territories of the United States and those Apiumlix Nu. I. of Her Hritamiic Ulaj^'sty. from the point on the forty-ninth l)arallel of north latitude up to which it had already heen ascertained, should he continued westward along the said parallel ul' north latitude »to the middh" of the chaniu'l which separates the continent from Vancouvers Island, and theiu-e p. X _ soutlicvly . tlir!' sucli (*liai't.s I liavr luund six. nnr extracts (»l" every one ol" tliem. Ol" charts of explorations ol' a later date, it was my desire to make no us<' wliatover: hut tiicn. as will ajijH'ar in tlie seipiel. there would lie not one map on which the channel claimed liy the British (iovernment could lie found with the name of »lhe straits of Hosario« ; I am therefore compelled to add a later chart, on which that name is ])Iaced. as reipiired for tho arliitratioii. This chart also shows the len«;th and breadth and de])th of tiie respective channels. My task is an easy one: for 1 have oidy to deduce the intentions of the ne;?otiators of the treaty from its liislory. anil to interpret its words according to tho acknowledj^ed princi])lcs of international law, 1. ii-n Pahai-ij'.i.s of i..\i'mi)i: luv. customaky houndakiks ok KN(il,ISH COKOMK.S IN XoWTH AmkKICA. A ])arallel of latitude. (>xlendini; from the Atlantic to the Pacilic. was a usual hoimdary estnldishcd by Kn^Iand for its colonies in North America. The charter granted in 1(520 Apiipiidix p. 0. l,y James 1. to the company of Plymouth for New Kngland. hounded its teiritory by the ])arallels of 4H dej^rees and ol 40 adth throughout the mainland from sea to .sea«. Th<' charter granted liy i;harles 1. t(j MassjicJmsetts in 1(528 had in like manner for its iiorthorn and southern lnHmdaries ]iarallels of latittulo run- ning from sea to sea. So. too. had the old pat(>nt of Con- 7—111. nectictit: so too had the diarter to Connecticut, granted hy Charles 11. in 1(5(52. The charter granted in l(i(5H hy Cliarles II. 1>. 7. 1. 16— 1«. to the Lords Proprietors of Carolina, adopted as their northeni boundary the parallel of six and thirty degrees, and as theii- southern boundary the parallel of »one and thirty degrees of ■H-S, ,,.7. ii' I tiorllit'i-ii latiluilc. niid so west in ii dii-fcl line iis far »s tlit- South si'HS". 'I'lu' prcccdt'iil wms I'ollowcd liy (icorgc II. in tlu' cliartcr >. States of America anil the Freneli republic, the United States '' came into po.s.session "forever and in I'ull sovereignty" of the colony antl territory of Louisiana. No sooner had the United States made this acquisition, than they sent out tan exploring expedition, which made known to the world the Rocky mountains and the branches of the river of Oregon, the moutli of which an American navigator had been the first to enter. By the acortunity to consider their dividing line, west of the lake of the Woods. The United States might have demanded, perhaps shoidd have demanded, under :l. I I. the liTiiix lit 17S*J. iIkh ilif liiir 'iliic \vc.Hi» .sIkhiIiI |triM'p«'«l iVniii -tin" must iiorlli-wcxi |i(iiiit nl' llic Inkc 'iitii>ii Willi In dne time the negotiations, which hail ed'ected an '■"'""'"• '*" a>freemeiit in !Sll7. wcri" renewed : and on the 20"' of ( Moher. •Jii. jsji;. An I. •J, .( IMS. the parallel of 4U was a(h>[ited a.s the iicamdaiy lim' J)etwf'i'ii the two conntries as far as the Stony. i>r as we now more eonnnonly call them, the Rocky mountains. From that rantre of moimtains to the Pacific, America, partly from respect to the claims ofSjiain. was willing; t WHS in ilir Sjmiiisli scrvicf in I')".I2. I'rn-z. 11 S|iiiiimril . vvliiisc cxplonilioiiM fxtcmlfil as litr to tlic iiortli lis 54 , (liwovcrcd Nociikii sound in 1774 In the n<'xl yt'iir Hi»ilc«a y (^niidni reached tlii" r>>^"' 'ej;'"''''- '""d lleceia. on the l")"' (»f Aii^'usi. 177'). redirninu' (V. p Nduika. noticed. tlion>
  • .iii'h is now eiilled \ ancoii- ver. and the watiMs which lie to ilie east of it. When Vaii- cotiver. on the 2'.)"' of .\pril. 17!)2. pjissed throiii^h the straits .\|i|,(i,ili\ .\,. IJ of Fiica and entered those waters, he encotintf-red to his nior- ''' '' tification S|)anish na\ ii^ators who had already ex])lored tlnni and wlio i)ro(hiced before him a chart of that re^cion. made liy SpaiNsh ofticers the year Kefore. Hy the treaty of Spain with the United Slates, of tlio TiniiidM dc Limi- 22'"' of Febniarv. lSi".>, •His Catholic Majesty ceded to the"" '\"'"' «■ >'• t II. J' Ins KslllUil!) United States all his rijfhts, claims, and pretensions to any imidnN dc .Vim torritorics mn-lh of the parallel of latitude 42 . from the Ar- '"'" '^"^ ' kansas river to the PaciKc". Tlm.s did tlie ciistoin of iM^undaries by n parallel of latitude receive a new continnati(»u: ami thus did the United Staatos bec(»nie sole heir to all the pretensions and rij<;hts which Spain hail ac(piireB.)K("rs TO THK DIVISION OF VaNCOUVKR ISJ.ANI). When the ten years limitation of the treaty of 1818 drew near, .Mr. Canning. Secretary of State for Foreign Affairs .Viipijidix No s in (treat Britain, on the 20" o" April. I82(i. invite sent to Mr. Everett the n(;cess;iry powers, with this instruction : ' ' ■•The offer of the 49"' parallel may be again tendered, with the right of navigating the Columbia on equal terms«. On the 29"' of November. 1843. soon after Mr. Everett's Appindix No 19. full powers had arrived, he and Lord Aberdeen had a very ,, <2(i.''i. 25-2". 12 t It) y |.. -ji. I. :!i -;«■!. .\|i|pi'iidix|i."J1.2'.i. Idiig and iiniMtrtaiit coiivcrsation on tJic Oregon (iuo,sti(jn: anil tlic (•(iiiccssioiis of I^onl Ahcnloon apjx'ariny: to invite an ex- pression of tlic extreniesi inoilitieation which the United States coidd admit to their former proposal, Mr. Kverett reports that he said: »I thouglit the President might he indueed so far to dei)art from the I'J)"' parallel as to leave the wliole of Quailra ami ^■an(•(Juver"s island to Kngland. whereas that line of latitnile wonld give us rhe southern extremity of that island, and eonsecpiently the connnand of the straits of Fuoa on both p. lil. I. l-:i. sides. 1 then i)ointed f)iit on a map tlie extent of this eoncession: and Lord Aberdeen said, he Avould take it into consideration". The next day :Mr. lixcrett more formally referred to the sidiject in a note to the British secretary. »46, Grosvonor Place. 80"' November. 1S48. 3Iy dear Lord Aberdeen. x ^ x h appears from Mr. Gallatin's corn>s])ondenee that x < < Mr. Iluski.s.son had esiM'cially objected to the extension of the 49 to the Pacific, on the ground tliat it would cut off the southern extremity of Quadra and Vancouver's island. 3Iy suggestion yesterday would obviate this objection, x < x A glanciett reports that he continuously insisted with Lord Aberdeen that tlie only modification which the Tnited States couhl, in his opinion, be brought to agree to. was that they should waive their claim to the southern extremity of Van- couver island, and that Lord Aberdeen uniforndy answered: "he did not thhik there would be nuich difKcnlty in settling the (piesti(jn>'. During the following montlis Mr. Everett and Lord Aberdeen, both \vi.shing sincerely to .settle the controversy, had further fi-e(juent conversations, and. as the resiUt of them all. Mr. Everett t'ported that England would not accept tlie Appendix No, 20. p. -J-i— -J-l. p. IS. 1. p. 2:!. 1, :!2. :vx — 13 _^ naked parallel of 45) to the ocean, hut would consent to the line of the 45)''' degree, provided it could be so modified as to leave to Cireat Britain the southern extn'inity of Vancou\er island. >'I ]iavc spared no pains«. wrote Mr. Everett on tlie A|ii)()tli parties: all tlie islands and other torritory lying south and ea.st of this line to belong to the United States, and all north and west to Great Brindn. By this arrange- ment we shoidd yield to Great Britahi the portion of Quadra and Vancouver's island tliat lies south of latitude 45) x ^^ Will Great Britain aeeede to this? I think she will«. The pamphlet of 3Ir. Sturgis. aeconii)anied by a map on which the proposed boundary is marked, was read by Lord Ashliurton and by Lord Aberdeen. To one who emi- 2(1. nently enjoyed the confidence of both governments Lord Aberdeen pronoTuiced it "a clear and sensible view of the matter". Lord Ashburton. whose opinion on the subject carried the gi-eatest ^r>. weight, wrote o Mr. Sturgis: »Your treatise enables me every day to answer satisfnctt)rily the (juestion i)ut to me so often, where is the Oregon, and what is this dispute about? You have stated the case distinctly in a few Jiages, and what is indeed unconunon, with great impartiality". Mk. Buchanan nk«otiatks with Mu. Pakenham. Meantime the negotiation on the Oregon (luestion had been transferred to the new British minister at W'ashingtcm. Offers of arl)itration had been rejected : emigratif)n across the plains gave promise of founding states on the Pacific: and the congi-ess of the United States teemed witli propositions to prepare for establishing a territorial go^■eI•nment in Oregon. When the administration of 3Ir. Polk entered upon office, all parties in America were unanimous in insisting on a boundary at the least as favorable as the parallel (»f 49 ; while a very large number, and seemingly the largest number, thought tlie time had come for America, as the heir of Spain. to carry its claims Ijcyond the parallel of 4U . But the new administration would not swerve from the moderation which had marked the policy of the coimtry. 3Ieantime Ixith parties had received more accurate in- m — 15 rorm.'Uion on tin' ^eo^raphy of that district. In July, lS41, Aii|,rmii\ Nn '.iT (jiptain Wilkes had mado a siirvoy of tlip waters sontli of '' 4J) . especially of tJie cliannel of Haro: and in the early part of 1845 his narrative and accompanying map had heen pulilish- ed hotli in America and England. Believing now that Great Britain would accept the line of 41) , with the small nioditi- cation for the soutlieni end of Vancouver island, the Anierienn administration, on tlie 12"' of July, 1845, made to the British minister at VVa.shington tlie proposal. »that the Oregon t<'rri- .Vipindix N... 2^. tory shall he divided hetween the two countries by the forty- '' ' ninth parallel of nortli latitude from the Rocky moimtains to the Pacific ocean: oft'ering at the .same time to make free to Great Britain any ])ort or ports on "Vancouver's island south of this parallel, which the Briti.sh Government may desire«. A friendly .spirit dictated the proposition, wliich it was sincerely hopeil and exjiected might »prove the foundation of lasting j)eace and harmony between tlie two countries". The proposition, which excited surprise by its mode- ration, was rejected by the British plenipotentiary at Washing- Ai.pciulix No. aw. p- 32. ton. who. without even waiting to refer the .subject to the ministry in England, suffered the negotiation on his part to drop. expressing his tnist that the United States would oiler »sonie turther proposal for the settlement of the Oregon (piestiou". AppindixN... no. In consequence ot receivmg such an answer, the American Secretaiy of State withilrew the offer that lie had made. (Jn hearing of this abmpt rejection of the American Appendix Ni..:i I. propo.sal. Lord Aberdeen invited Mr. MacLane. the new ''" American minister at London, to an inteniew of which Mr. MacLane made report: "l^ord Aberdeen not only lamented Init censured the rejection of our proposition by 31r. Pakonham, without referring it to his Government. He stated that if Mr. Pakenham had communicated the American proposition tf) the Government here, as he was expected to have done, he, Lord Aberdeen, would have taken it up as the basis of his action, and entertained little doubt that he would have been enabled M p. ,>,- k; tu propose uiodificjitions wliic-li ;,nglit have resulted in an adjustment mutually .satisffKrtory to both Governments.. The conduct M' Mr. Pak(>nliam was not censured in jii'ivate only Lord Aberdeen eenstn-ed it in the House of Lords. In the House of Conunons, on the night of Friday, Ap|u„dixjsn.:!i. the 2H"' (jf January, 1846, Lord John Rassell condennied it as »a hasty proceeding«. Sir Robert Peel was cheered, when on the .same evening he ob.served: ..It would have been l)etter. had he transmitted that prnw.sal to the home (Jovernment for their consideration; and, if I'omid in itsell" un.satisfactory, it might po.ssibly have formed th<> foundation for a furtlier pro- po.sal-. And now that the reopening of the negotiation was thrown upon his ministry, he was loudly applauded l)y the hou.se, as he gave a pledge for his own future conchict in these words: »I tliink it would be the gi-eatest misfortune, if a contest about the Oregon between two such powers as England and the United States, could not, by the exercise of moderation and good sense . be In-ought to a pei-fectly honoi-- able and satisfactory conclusion". .V|)peiidix No. p. 39— 41. Final pijoposal or rmc Earl of Abeudken. Lord Aberdeen confessed that it now fell to him to l)i-opose a peaceful solution of the long controver.sy. Mr. Everett had leiV him no- doubt as to the utmost dei)artin-e from the parallel of 4!) , which the United States, under the late ad- ministration, could have conceded. The only doubt wa,s now: if the United States would still be willing to yield .so nnicli. The rude rejection of Mr. Buchanan's i)ro])o.sal had roujsed and united their people. Mr. Calhoun, the late Secretary of State, and the ablest senator from one section of the country, de- clared him-self in the Senate lor the 4!)"' degree as the boun- dary line. Mr. Webster, the former Secretary of State, who had settled with Lord Ashburton the north -eastern boundary, repeatedly ..said as plainly as he could speak, or put down — 17 — words ill writing, that England must not expect any thing south of forty-nine degi-ees*. All those members of congi-ess who were of a different mind, Mr. John Quincy Adams, a p. 40. 1.8— 21. late President of the United States, Mr. Cass, afterwards Se- p. 40. 1.22—26. cretary of State, "blv, Sevier, then the chaii-man of the Com- p-4i. mittee on Foreign Affah-s, contended, not for less than the line of 49^, but, tmder the heirship from Spain, for very much more. — The voice of England became loud for the line of ^Mn'cndix No. 36. the 49"' parallel. Mr. Bates , an American naturalizei. 1. .^o-3,i. j^jjj^^ founded on an acquaintance which dated from fifteen or sixteen years before. With this knowledge of Mr. Mc. Lane's character and of the confidence reposed in him by Lord Aberdeen, I recjucst the Imperial arbitrator to take in hand the map of the Ore- M,ap l". gon ten-itory by Wilkes, which had been published in Eng- land as well as in America in 1845, and which was the latest most authentic, and best map of the territory, as well as the Appendix No. 41. Only onc recognised by the American Senate; and with this p. 4fi. 1. 0—7. j^jjp ;,j i,{iji(j f(y i-pad the following extract from Mr. 3IacLanes official rep n't of the interview, made on the 18"' of May, 1846: Appendix No. 42. »I have now to state that instructions will be trans- p. 47. 1. .^-11. jjjitfpfj ^(^ ]yj,. Pakenham by the steamer of to morrow to sub- mit a new and further proposition on the part of this govern- ment, for a partition of the teiTitoiy in dispute. The proposition, most probably, will offer substantially : First: To divide the ten'itory by the exten.sion of the line on the parallel of forty -nine* to the sea; that is to say. — 19 — to tlie arm of the sea oiilled Birch's Bay, thence by the f'aiial (le Arro and Straits of Fuca to tlie ocean. » XXXX XXX xxxx Here follow other clauses concciUng to the Hudson Bay p 47. company a temporaiy use of the Oregon river for navigation, with other advantages, and protection to British subjects who would suddenly come under the jurisdiction of the United States. To these clauses the phrase »most probably* applies, for they were not precisely ascertained; but not to the boun- dary; on that point the further statement of Mr. MacLane in the same dispatch leaves no room for a doubt. His Avords are: »During the preceding administration of our government, i).4». 1.25-29. the extension of the line on the for t^ -ninth parallel to the Straits of Fuca, as now proposed by Lord Aberdeen, was actually suggested by my immediate predecessor (Mr. Everett), as one he thought his government might accept" . Now what rhe proposal of Mr. Everett had been, we know from the citations which I have made from his dis- patches; and I have already refen-ed to the fact that he had drawn the line of demarcation upon the map, and specially directed the attention of Lord Aberdeen to it. On the same day Lord Aberdeen sent the treaty which Appendix No. 43. Mr. Pakenham was to invite Mr. Buchanan to sign. In the ^' "' accompanying instruction to Mx. Pakenham he accepted the parallel of 49° as the radical principle of the boimdary, and No. 45. . 1 . 1 P' •'l- '• 4— C. described the line as a Ime of demarcation »leavmg the whole of Vancouver island with its ports and har- No. 43. --,_./ p. 50. I. 6. 7. bors in the possession of Grreat Britain*. A suspicion of ambiguity could not lui-k in the mind of any one. Mr. Benton found the language so clear that he adopted it as his own. In his speech in the Senate on the day of the ratification of the treaty, he said: "The first article of the treaty is in the very words Appendix No. 44. which I myself would have used, if the two governments had ''' — 20 — X X ;5 ■i ll left it to me to draw tlio boundary line between tlieuj. The line established by the first article follows the parallel of ibrty-nir.ii degrees to the sea, with a slight > •• :<•*— ^i"'- countries*. All Great Britain, all the United States, Avere p.ufi. l. i-:i. gladdened by the belief that at last every controversy between the two nations had come to a happy end. The ministry of Lord John Russell renews dissension. And yet it was not so. My country has had no serious difficulties on its limits with any powc but Great Britain. When its boundary on the south with S^^-in was adjusted by treaty, not a difference arose, thougn the line extended from sea t« sea. When afterwards the southern boundaiy was regulated with Mexico under a treaty most unperfect in its descriptions, commissioners unrestrained by instructions promptly settled the line. It is with Great Britain alone that obstinate dissensions on boundaries, extending from the gulf of St. Lawrence to the Pacific, have exercised distui-bing in- fluences for sixty -four years. At last we thought ourselves assured of quiet on that side also by the treaty of 1846; and though its terms were not altogether satisfactory, the country, in the expectation of rest, accepted cheerfully and unanimously the action of its government. Yet after a pause of hardly two years the strife was reopened by the ministry which succeeded that of Sir Robert Peel. Under instructions from Lord Palmei-ston the British minister at Washington on the Ap|icii(lix p. r>i. 1. 4-est j)assage. Nothing justifies a reference to his course of sidling from one interior liay to another, as the line of the treaty. The suggestion is in open conflict with the law of nations. The draught of the treaty was made entirely, even to the minutest word, by the British ministry, and was p. .'is. 1. 10—17. signed by both parties without change. The British goveni- '' ~ ■ ment cannot therefore take advantage of an ambiguity of their own. otherwise the drauglit of the treaty would have been a snare. Such is the principle of natural right, such the estab- ILslieil lav^r of nations. Hugo Grotius lays down the rule that the interpretation must be made against the party which III 'Jii. §. 'JO. draughted the conditions: »ut contra eum fiat interpretatio, qui conditioncs elocutus est«. But no one has expressed this Vami. l.iv. II. more clearly than Vattel, who writes: »Voici une regie qui coupe court a toute chicane: Si celui qui pouvoit et devoit s'expliquer nettement et pleinement, ne I'a pas fait, tant pis pour lui: il ne pent 6tre recu k apporter subsequemment des restrictions ,u'il n'a pas exprimees. C'est la maximc du droit romain: pactionem obscuram iis nocere, in quorum fuit potestate legem apertius conscribere. L'equite de cette regie saute aux yeux; sa necessite n'est pas moins cvidentc. NuUe convention assuree, nuUe concession ferme et solide, si on pent les rendre II. lillllills, l)c jure liclli ot pacis, S- 2M. _ 23 — vftinos par des liniitatiouN suhscquentos, <|ui devoiejit t^trc i'lioncees dniis Tacto, si cUos etoieut dans la vo- lont(' dos cr)ntraetans. « • Hero is a ndc which cuts short all chicanery: If he who could and should exjjross himsell' plainly and I'uUy, lias not done so, so much tlic woree for hiin; he can not V)o permitted suhseciuently to introduce rcf- trictlons which he has not expre^ssed. It is the maxim of Reman law : An obscure (rontract hanns those in whose power it was to lay down the law more clearly. Tlie cqinty if this rule is self-evident; Ita necessity is not less ol)vious. fJiere can he no assured con^- vontion, no firm and solid concession, if they can he rendered vain l>y subseqtient limitations, which ought have been enounced in the act, if they existed in the Intention of the contracting parties,* Plea for the integrity of Sir Robert Peel's ministry. And can it be true, that Sir Robert Peel and Lord Aberdeen were insmcere in their professions of an earnest dcsu'e to settle the boundary question in Northwest America? Did they put into the core of the treaty which they themselves framed, words interpreted in one way by all Americans and by themselves in public, and secretly interpreted by themselves in another? When Sir Robert Peel, on the last night of his official life, in the face of political enemies and friends, cast up the account of his ministry for the judgment of posterity and declared in the most public and solemn manner, that he "had closed every cause of dissension between Great Britain Appendix No. 52. and the United States* , had he indeed planted the seed of ^' ^c, \ jZ^ embittered discord in the instrument that he and his associate minister, claimed as their own work, and extolled as a con- vention of peace? My respect for Sir Robert Peel and his administration forbids the thought that they put any ambiguity into the treaty f,; ;! — 24 — which they themselves draughted. There attaches to liuman language such imperfection tliat an acute caviller may dispute about the meaning of any proposition. But the words of the present treaty are so singularly clear, that they may claim protection under the fu-st general maxim of international law Vaitci, i,iv. II. 17. on the subject of mterpretation : "qu'il n'est pas permis d'inter- ^' "■ preter ce qui n'a pas besoin d'interpretation«. Appendix No. 1. p. 3. The words of the treaty. The words of the treaty are as follows: •From the pomt on the forty -ninth parallel of north latitude, where the boundary laid down in existmg treaties and conventions between the United States and Great Britain tenniiiates, the Ime of boundary between the ten-itories of the United States and those of Her Britannic Majesty, shall be contmued westward along the said forty-ninth parallel of north- latitude to the middle of the chamiel which separates the continent from Vancouver's island, and thence southerly through the middle of the said chamiel, and of Fuca's Straits to the Pacific ocean: Provided, however, That the navigation of the whole of the said chamael and straits south of the forty- nmth parallel of north latitude remain free and open to both parties." The words of the treaty, taken together. The language of the treaty taken as a v.'h'^le. admits no interpretation but the American. The radical principle of the boundary is the forty nmth parallel of north latitude, and the only reason for departuig from that parallel was to yield the whole of Vancouver island, and no more, to the power which would already possess the gi-eater part of that island. To express this line concisely, in both countries it was described as the line of the »forty-ninth parallel and Fuca's straits* . This .short form of expression occurs many times in the dispatches ifl 1 _ 25 — of Mr. MacLane; in the instructions of Mr. Buchanan ; in the letters of Mr. Bates from London; in an article in the London Quarterly Review, written in February, 1846, and published hi March; and finally, in the speech of Sir Robert Peel, (jn the 29"' of June, 1846, which I have already (}uoted. The de- scription of thf line as that »of the 49"' parallel and Fuca's straits* was njt only tl?e usage of the day; it was also well chosen for all time. The 49"' parallel can be found as long- as the sun shall continue in tlie hea\'ens; Fuca's straits end at the south-east cape of Vancouver island, and will end there till nature shall heave with n convulsion. If the name of Haro does not specially appear in the treaty, let it be borne in mind, that neither does the- name ^\ the gulf of Georgia. The Ch.\nnel. The words of tlie description consid(>red collectively, establish the American intei'j)retation of the treaty , and exchwlp every other; the .same result follows from the consideration of each separate ,".oi'd. When the treaty speaks of „the cliaiiiicl". for that part .south and wes) of Birchs bay. it mu.st mean the channel of Haro, for no other "chaiineb' was known to the negotiators. The channel of ILnro was on the map of Vancouver, the liighcst Engl'.sh authority, and on the map of Map c. Wilkes, th<' highest American authority, at the time when M.ip I". the treaty was signed ; and no other channel i.s named on either of these maps , or on any ma]) used by the negotiators. On the chart of those waters by Duflot de Mofras, published Map k. in 1844 under the auspices of Louis Philippe and the Fiencli muiistry, the channel of Haro is named, and no other. In the collection of maps in the Royal Lilirary at Berlin , not a single German or other map, anterior to ,Iuno, 1846, names any other chaimel than that of Haro. How is it possible then that any other channel could have been intended, when no other was named on any map wliioh it can he pretended BB 20 Wiis known to Lord Aberdeen or Mr. MacLanc. to Mr. Bu- elijinan or Mr. Pakenlumi? Again the word »elianncl«, wlien employed in treaties means a deep and navigable cliannel; and where there are two navigal)le eliannels, l)y the rnle of international law pi-eCerenee is to be given to the largest eohuiin of water. Now eompared with any (jtlier channel throngli which a ship could pass from the sea at the 49"' parallel to the Straits of Fuca, the channel of Haro is the broadest and the dee])est. the shortest and the liest. Its maximum width is six and a Miip II. half English miles, and there is no other channel of which the maximum width exceeds four miles. The narrowest i»art of the channel of Haro is aljout two and a ((uarter English miles, and there is no other channel of which tlie mininmm width exceeds about one and a quarter English miles. With regard to depth the contrast is stl mor(> striking. A cross section on the parallel of 48^ 45' shows the canal de Haro to be there about a hundred and twenty fathoms deep, altout twice as deep as any other: on the parallel of 48' 35' the canal de Haro is nearly a himdred and lil'ty fathoms dec]), against thirty fathoms for any competitor: on the parallel of 48 25' the canal de Haro has nearly a hundred and ten fathoms, while no other passage has more than forty. Not only is the volume of water in the canal de Haro vastly greater than that in any other passage, a single glance at any map shoAvs that it is the shortest and nujst direct way Appiiidix Nr. 48. between, the parallel of 4!) and Fuca"s straits. Dullot de p..i.>. .1 — !. ]^[,)j\.j^j^ describes it as notoriously the l)eRt. If the channel of Haro excelled all others only on one point, if it were tlie Avidest though not the deepest, or the reverse, or if being the widest and dee]>est it weir not the shortest and best, there might lie some degree of color f(»r cavil: but suice the channel of Haro is the bi-oade.st and the dec])est and tlie shortest and the best, how can any one ven- ture to [irctend that any other is »thc chauneb of the treatvV 27 »TnE Channel which separates the Continent from Vancouver's Island« . The next words of the treaty are: »thc channel Avliich separates tlie continent from Vancouver's island" . and th' from latitude about 48 "^ 4(5' can be no other tl an tlie canal do Ilaro. It is the only one whicli from that latitude to »Fuca's straits" separates the continent fi-om Vancouver island. There are other passages which divide islands from islands, but none other separates the continent from Vancouver island. In the statement the continent is properly named first, because it is far away in the interior of the continent that the lin? begins, and it is the continent that the line leaves in going towards VancouAcr. But when a great continent like North America is spoken of as distinguished from a large island lying near it, the intervening cluster of smaller islands would, ac- cording to all geographical usage, be taken as included with the continent, and thus the channel of Haro divides the con- tinent from Vancouver. But we will not waste words. Nobody can dispute that the canal de Haro washes the eastern shore of Vancouver island, and separates that island from the continent. »And thence SOUTHERLYw. The next words in the treaty are: »and thence southerly." The soutlierly deilection from the 45*"' parallel is made to avoid cutting Vancouver island, and must be limited to that object. The movement of the boimdary line is steadily west to the Pacific. The treaty knows only two points of compass: "Westward", and this »southerly« deviation from the due west cotu'se. The southern deflection, therefore, must always be accompanied with the idea of a western direction, and of two channels going in a » southerly" direction, that which least interrupts the general » westward* direction of tiie line, must l)e chosen as the channel of the treaty. ;, ! t4-' Map C. Map K. Map I'-. 28 "TiiRoroir the middlk of the said Channel and of FrCA's STRAITS TO THE pAtlFIC ()('EAN« . Tlie next words of tlic treaty are: ..through the niiddh* of tlie said ehannel and of Fucas straits to the Pacific ocean « . The treaty conteniphites a continuous clmnncl to tlie Pacific; the channel of Haro and Fuca"s straits form such a continuous channel, and a glance at the map will show that no oiher channel can pretend to do so. So then the description of the treaty as a whole applies to no channel l)ut that of Haro: and CA'cry single phrase taken separately, points also to that channel, and to that channel alone. »The straits OF H0SARS0.« And yet the British government ask the Imperial arbi- trator to find the chaimel of the treaty in a passage for which in January. 1848. they had no name and no other description than »the wide channel to the east of numerous islands, whicli is laid doAvn by Yancouver«. and wliich now in 1871 they call by the name of »the Rosario straits». My first request is that the Imperial arbitrator will as- certain wliere on the 15"' of June. 184fi. tlie day when the treaty was signed, the negotiators supposed Rosario straits to lie. On that day the name ..straits of Rosario« was. on every map used by the negotiators, placed upon the waters which divide the island of Texada from the continent, far north of the parallel of 49 . There it lies last anchored on the map of Vancouver. pul)lishe(l in 17!)8: it holds tlie same place in the atlas of the French translation of Vancouver. There tof> it is found on the French map of Duflot de Mofras. pulilished in 1844: and also on the map of Wilkes, published in 1845: and tlier(> too on the British map of Vancouver island. I)ublislied by the geographer to the Queen, so late as 1848. Tlien since all Hritisji and all American map.-i. which in 184C __ 29 — liad on tliem the name » straits of Rosario <■ , located those straits far to the north of 49'. how can the British governmenl invite Your Majesty to say that the straits of Rosario tonii the line of boundary established by British and American negotiatoi-s in that year. Iietween the United States and the British teiTitory? How and why the British unmoored the name from the waters to which they themselves had consigned it. and where it remained for just half a century, I leave to them to explain and to justify. I remark only that they cannot produce a map, Engli.sli. French, Sjmnish, or German, older than 1848. on which the passage which they now call the straits of Rosario liears that name. On Spanish maps the name is applied only Map u. to the very broad channel lying north of the Canal de Haro Map I), and of the forty -ninth parallel of latitude. Further: the so-called straits of Rosario are not straits at all. It is the track of Vancouver on his way from Ad- miralty inlet to the north, as his map shows: l>ut it received from him no name whatever. On British maps it never bore a name till after the British government introduced a new interpretation of the treaty of June. 1846. Again: and this remark is of conclusive importance: by itself alone sufficient to decide the question: the line of *he treaty must run from the middle of "the channel which separates the continent from Vancouver's island". Now the so-called straits of Rosario neither touch the continent nor Vancouver island. Tliey di\ide small islands from small islands, and nothing else; they have no pretension to divide Vancouver from the continent, or the continent from Vancouver. Moreover the water -Ime of the treaty must be a channel whicli makes a continuous line with Fuca's straits: for the word.s of the treaty are: "through the middle of the said channel and of Fuca's straits«. Now the so-called straits ol' Rosario lead only to a Sound, which Spanish voyagers calleil the bay of Santa Rosa: tliey do not connect with Fuca's straits. Map a. t i M 1 1- ' 111 >'•■" — 30 which cease at the south-eastern promontory of" Vancouver island. Reversing the track of Vancouver, and following the so-called straits of Rosario southerly, the mariner would enter Admiralty inlet: he never would reacli the straits of Fuca. Then, too, compared with the canal de Haro, the so- called strait of Rosario is. as we liave seen, a narrower passage, a shallower passage, and a roundabout passage. Conclusion. But enough: the rights of America cannot he darkened except hy an excess of words. The intention of the parties to the treaty is made plain by its history, and the boiuidary which we claim is clearly set forth in its words, taken collect- ively and taken separately. I will close by citing general principles of interpretation established by international law. A party offering the (b-aught of a treaty is bound by the inteii)rctation which it knew at the time that the other jiarty gave to it. Lord Aberdeen cannot have dotibted how the treaty was luiderstood })y 3Ir. MacLane , Ijy Mr. Buchanan, 4!>.an(l by the Senate of the United States. "Where the terms of promise", writes Paley, who.se work was long a text-lM)ok at Oxford, »admit of more .senses than one, the promise is to l>e p(>rformed in the sense 'in which the promiser a]>pre- hended at the time that the promisee received it'. "This will not differ from the actual intention of tlie promiser, where the promise is given without collusion f)r reserve: but we put the rule in the al»()V(> form to exclude eva.sion; wherever tlie promiser attempts to make his escape througli .some ambiguity in tlic expressions which he used." Again: "Where a right admits of different degi'ces. it HeiiUi'sVolkci- is only th(> smallest degree which may betaken for granted." n;' |.%i 18(17 — ''^^^ ''"^ Recht verschiedener Abstufungeu lahig, .so darf zu- nadist uur die geringste Stut'e als zugestanden angenommen A|i|ientlix N p. .^'i- — 31 — worden." This rule of Hefl'ter fits the jji-csont case so iii)tly. tliat it scorns made for it. Tlioro hcin^' degreos in tlic de- parture from tlie parallel of 41)", it must be taktii that only the smallest degi-ee was conceded. Finally and above all: there is a principle which n(jt only controls the int«'pretation of treaties, but th(> results of investigation in every brandi of human knowledge. A theoiy which r lies confusion and contradiction is at once to Ije rejex'ted: of two rival theories, that which most nearly reconciles all phenomena is to be preferred; the theory that reconciles all appearances and all circumstances is to be received as tnie. The British intei-pretation of the treaty implies that the British who exclusively draughted it. sowed tlie seeds of future dissensions in the very instrument by which they pro- posed to settle every boundary (question forcA'er; that among the negotiators of the treaty there were those who duped, and those Avho were dupes. Lord Aberdeen ceases to be the "Straightforward" man of Mr. MacLane's report. On the American side tlu' statesmen appear void of spirit and of eonunon sense, and easily eircmnvented. The historical process by which the treaty was arrived at becomes uicomprehensible. Tiie names on maps nmst be changed; the conformation of islands and continents and the higlnvays of the great deep are made to expand and contract .so as to suit the cavils of a government which does not i)rofess exactly to understand the true meaning of the treaty, for every word of whidi it is it.self responsible. Take the other theory; interpret the treaty as the Americans accejjted it, and there are no states- men on the Briti.sh side who attempted to dupe, and no dupes on the American side. The history of the negotiation becomes clear, and is consistent with its result. Mr. MacLane retains the reputation for prudence and clear perception and careful statement which has always been attributed to him. All Avords that fell from the pen or lips of every one concerned in fram- ing, accepting, or approving the treaty, agi-ee together and IrA " ii4 — :i2 — bear tlio stanip of good intention find uprightness. Everything tliat was uttered by Mr. Everett, .Mr. MacLane, and Mr. Buchanan, by Lord Aberdeen. Mr. Benton, or Sir Robert Peel, is perfectly reconciled, without even the semblance of contradiction. The straits and channels may rest where nature has set them, and old names may be restored to their rightful places. The completion of the treaty does honor to the labors of honest and able statesmen, bent on establishing frienAslii]) and peace between »kmdred nations". Persons and history and reports of conversations and tin; words of the treaty, all chime together in tlie most perfect harmony ; inviting an award which will command ready acquiescence, and leave nothing to rankle in the wound which it heals. k APPENDIX. m I APPENDIX. No. 1. ExTKACr KUOM THE 'rilEATY OK WASHINGTON, i)F JuNi; 15, 184(). Artuxe 1. From the point dii the forty -ninth parallel of north latitude, where the boundary laid down in existing treaties and conventions between tlie United States and Great Britain ter- minates, tlie line of boundary between the territories of the United 5 States and those of Her Britannic Majesty shall be continued west- ward along the said forty -ninth parallel of north latitude to the middle of the channel which separates the continent from Van- couver's Island, and thence southerly through the middle of tin- said channel, and of Fuca's Straits to the Pacific Ocean: Provided, 10 liowever, that the navigation of the whole of the said channel and straits south of the forty -ninth parallel of nortli latitude remain free and open to both parties. Huutidary estali- lixhcfl in imV No. 2. Extract frobi the Treaty ok Washington, OK May 6, 1871. The northern uoundarv. Article 34. Whereas it was stipulated by Article 1 of the Treaty concluded at Washington on the 15th of June, 1846, between 15 the United States of America and Her Britannic Majesty, that the r Matter and form if arbitration. lino of l)ouiulary lu'twccii tlic territory ot' the Ihiitod StntOH and those of Her Hritnnnic Majesty, from the jinint on tlie 49tli parallel of tiortli latitude ii|i to wliicdi it had already heeii ascertained, should ho continued westward along the said parallel of north latitude «to the nii(hlle of the ciminiel which se|)arateH the continent from \'an- n couver's Island, ami thence southerly through the middle of the said channel, and of Fuca .Straits to the Pacific Oceau" ; and whereas the Commissioners a|)pointed hy the two high contracting parties to deter- mine that portion of the boundary which runs southerly through the middle of the channel aforesaid were unalile to agree upon the k. same: and whereas the (Jovcrnnicnt of Her Britannic Majesty claims that such boundary line should, under the terms of the Treaty above recited, be run through the Hosario .Straits, and the Govern- ment of the United .States claims that it should be run through the Canal dc Haro, it is agreed that the respective claims of tlie is ffovcrnment of Her Britannic Majesty and of the Government of the United .States shall be submitted to the arbitration and award of His Majesty the Emperor of Germany, who, having regard to the above-mentioned article of the said Treaty, shall decide thereupon finally and without appeal whicli of these claims is most in an accc'dance with the true interpretation of the Treaty of.Fune l,"), 1846. Article 35. The award of His Majesty the Kmperor of Germany shall be considered as absolutely final and conclusive, and full eflei^t shall he given to such .award without any objection, evasion, or delay whatM e.er. Such decision shall be given in 25 writing and dated. It slaall le in whatsoever form His Majesty may choose to adopt. It sh.ail be delivered to the representatives or other public agenb: fit to do so. in reply to the ease of tiie olber party so coinnuini- uated, which definitive statement sliall be no laid before tlie arlii- trator, and also be mutually cr)nnnunieated in the same nianni^r as aforesaid, hy each party to the other, within six months from the date of laying the first statement of the case before the arbitrator. 1(1 Ahtici.k '{7. If in the case submitted to the arbitrator either party shall specify or allude to any report or document in its own exclusive possession, without annexing a copy, such party shall be bound, if the other party thinks pro|)er to apply for it, to furnish that party with a copy thereof, and either party may call upon IT) the other through the arbitrator to [)roiluce the originals or certi- fied copies of any |)a[)ers adducc1 A.s.SAcnr,SETT,s Bay (;rantei) UY Charles I of England >L\R( h 1, 1G28. X X X X X ..We do give and grant all the Landes and Hereditaments within the Space of Three EngUsh Miles to the southward of Massachusetts Bay: and all those Landes and Here- 20 ditainents within the Space of Three English Miles to tbe North- ward of the River called Merrimack , all Landes and Hereditaments whatsoever, lying within the Lymitts aforesaide. North and .viuth in Latitude and Bredth, and in Length and Longitude, of and vitliin all the Bredtii aforesaide, throughout the inayne Landes there, from 25 the Atlantick and Westernc Sea and Ocean 011 the East Pavte, to the South Sea on the West Parte:., x x x x x — 7 — EXTHACT FROM THK Ol.l) P,VTKNT lOK ('ONNKCTiri'T. XXX "Robert, Earl of Warwick" x x » dotli give« X X .the Space of forty Leagues upon a straight Line near tlie Sea Shore, toward the Soutli-West, West-and-by- South or West as the Coast Uotli towards X'irgiuia. accounting 5 three English Miles to tlie League, and also all and singular the Lands and Hereditaments whatsoever, lying and being within the Lands aforesaid, Nortli and South in Latitude and Breadth, and in Length and Longitude, of, and within, all the Breadth afore- said, throughout the main Lands there, from the Western Ocean 10 to tiie South Sea," x x Extract from the Chartf:r granted by Charles II of Englano :^o THE Lords Proprietors of Carolina, March 24, 1663. X X X X » all tliat territory or tract of ground « XXX I extending from the North end of the Island c iiled Lucke- Island, which iieth in the Southern Virginia Seas, and within six and thirty degrees of the Northern Latitude, and to the West ir> J>8 far as the South Seas, and so Southerly as far as the river St. Matthias, which bordereth upon the coast of Florida, and within one and thirty degrees of Northern Latitude, and so West in a direct line as far as the Soutli seas aforesaid ; « x x x Extract from the commission of Governor Wright of Georgia, of the 20"' of January, i7Gl "George III, by the grace of God of Great Britain, France •io and Ireland, King, Defender of the Faith, and so forth, to our trusty T.d well beloved James Wright esquire, greeting: X X »We did, by our letters patent, under our great seal of Great Britain . bearing date at Westminster the 4"" day of May, in the first year of our reigc, constitute and appoint you, James Wright, 25 esquire, to be our captain - general , and governor -in -chief in and over our colony of Georgia in America, lying from the most nor- thern stream of a river there most commonly called Savannah, all along the seacoast to the southward, unto the most southern stream of a certain other great water or river called Altamaha, and west- 30 ward from the headu of the said rivers, respectively, in direct lines to the South Seas. « x x x x x 8 — No. 4. Articles between the United States of America and his Britannic Majesty. November BO, 1782. Article II. First treaty Ik- iiFrom tlic iioi'th - west aiifflc of Nova- Scotia « x x x twcen the Ifiiiti'il i i i » • Stales and c)r,at "tliTOugli lake .Supcrioro XXX .>to the Long Lake; tlxinci "oundary"''"r ,iu'e t'TOug'* the middle of said Long Lakeland the water cominuni... •- :> west course between it and the Lake of the Woods, to the said Lake of tiic Woods; thence through tlie said lake to tjie most north-western 5 point thereof, and from thence on a due west course^ x x fi ■I The Uaitcil States arqtiirc Louisiana. 10 No. 5. Extract from the Treaty between the United States (»i' Ameri(;a and the French Repcblic, Xvun. 30, 1803. Article I. Whereas, by the article the third of the treaty concluded at St. lldelfonso, the 9"' Vendeiuiaire, an 9 (!»' October 1800) between the First Consul of the French and his Catholic Ma- jesty, it was agreed as follows: »Iiis Cathohc Majestj* promises and engages on his part, to cede to the French Repubhc, six months after the full and entire execution of the conditions and stipulations herein relative to his royal highness the duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it: and i.i such as it should be after the treaties subsetjuently entered into between Spain and other stat'js.» And whereas, in pi.isuance of the treaty, and particularly of the third article, the French Repubhc has an incontestable title to tlie domain and to the possession of the said territory: The First Consul of the French Republic, desiring to give to the United States a strong proof of his friendship, dotii hereby cede to the said United States, in the name of the French Republic, forever and in full sovereignty, tlie said territory with all its rights and appurtenances, as fully and in the same manner as they have been actiuired by the French Republic, in virtue of the above-mentioned treaty, concluded witli liis (^atholic 31&jesty. ■2 It n No. 6. Additional and kxplanatory articles, signed the day ok . 1807. TO BE added to the treaty of AniTY, COMMERCE, AND NAA'KiATION BETWEEN ITiS BrITANNIC Ma.TESTY AND THE United States of America, signed at London, the 31"' DAY of Decfmber, 180(>. [Inclosed in Mkssrs. Monroe and Pinckney's letter of thk 25"' April, 1807. From London.] Art. 5. It is agreed that a line drawn due west troin the tih- iniipd sutcs Lake of the Woods along the forty -ninth parallel of north latitude ™',, '',;™'„,"''49;;; shall be the line of demarcation [division line] between His Maj- i'«raii'i »' » iiivision esty's territories and those of the United States to the westward 5 of the said lake, as far as the territorie' of the United States ex- tend in that quarter; and that the said line shall, to that extent, form the southern boundary of His Majesty's said territories, and the northern boundary of the said territories of the United States: provided that nothing in the present article shall be construed to 10 extend to the northwest coast of America, or to the territories be- longing io or claimed by either partj', on the continent of America, to the westward of the Stony mountains. No. 7. Mr. Madison lo Mr. Mjnroe and Mr. Pinckney. Extract. Department of State, July 30. 1807. Gentlemen: xxxxxxxx 1'' The modification of the .'>''' article (noted as one which iiie i„itcii states the British commissioners would have agreed to) may be admitted "'''"' "'", ■''"'""."'' *-' 'J Spam oil tlir Paoitic. 15 in case that proposed by you to them be not attainable. But it is much to be wished and pressed, though not made an ultimatum, tliat the proviso to both should be omitted. This is in no view 2 m : ; 1 — 10 whatever necessary, and can liave little other effect than as an of- fensive intimation to Spain that our claims extend to the Pacific Ocean. However reasonable such claims may be, compared with those of others, it is impolitic, especially at the present moment, to si; I \.-tlien Spanish jealousies of the United States, wli"h it is prob- 6 abi^ et with Great Britain to excite by the clause in question. i i -'^ The British Kovc-rii- riient invite iic^otin- tions nil the N. W. lioundan-. No. 8. Mk. Canning to Mk. Kinh. Foreign Office. April 20. 1826. The undersigned. His JIajesty's Principal Secretary of State for Foreign Affairs, has the honor to request Mr. Rufus King, En- voy Extraordinary and Minister Plenipotentiary of the United States, to have the goodness to inform the undersigned whether Mr. King lo is provided with instructions for the resumption of the negotiations of last year, with respect to a settlement of boundaries upon the Northwest coast of A-nerica? The undersigntu is particularly induced to make this intjuiry by having received from Mr. Vaughan a copy of the communica- 15 tion. lately addressed by the President of the United States to the House of Representatives, of that part of Mr. Rusii's correspondence of last year which relates to this important subject. The undersigned has to add that the British plenipotentiaries, 31r. Huskisson and Mr. Addington, are perfectly prepared to enter '20 into conferences with Mr. King thereupon; and either to renew the proposal brought forward by Mr. Huskisson and Mr. Stratford Can- ning in their conference of the IS"- of July, 1824, and unanswered, or to bring forward another; or to discuss any new proposal on the same subject, which may be suggested on the part of the pleni- 2 5 potentiary of the United States. The undersigned has the honor to renew to Mr. Rufus King the assurance of his high consideration. (reorge Canning. Rufus King Estjuire, &:c., &c., &c. I'H — 11 — No. 9. Mil. Clay to Mr. Gallatin. Extract. June 19, 1820. As by the convention of 1818 the 49* parallel of north lati- tude has been agreed to be the line of boundary betv een the ter- ritories of the United States and Great Britain, east of the Stony mountains, tliere would seem to arise, from that stipulation, a strong 5 consideration for the extension of the line along the same parallel, west of them, to the Pacific Ocean. In bringing themselves to con- sent to this boundary the government of the United States feel that they are animated by a spirit of concession and compromise which, thej persuade themselves, that of Great Britain cannot but recognise, 10 and oi^ht not to hesitate in reciprocating. You are then authorized to propose the annulment of the third article of the convention of 1818. and the extension of the line on the parallel of 49 from the eastern side of the Stony mountains, where it now terminates, to the Pacific Ocean, as the permanent boundary bet\veen the territories of the 15 two powers in that quarter. This is cmr ultimatmn, and you may so announce it. We can consent to no "the)- line more favorable lo Great Britain. Mr. Clay to Mr. Gallatin. Lexington, August 9, 1826. Extract. The parallel of 49° the tiltiniatuni of the Unitcil SUtes. "He [the President] is very desirous of an amicable settle- ment of all the points of diifereuce between Great Britain and the 2n United States on just principles. Such a settlement alone would be satisfactory to the people of the United States or would command tlie concurrence of their Senate. In stating in your instructions the terms on which the President was willing that the several questions pending between the two Governments might be arranged, he yield- 25 ed as much to a spirit of concession as he thought he could con- sistently with the interests of this country. He is especially not 2' 12 ir^^- ■d ! U now prepared to authorize any stipulations involving a cession of territory belonging to any State in the Union, or the abandonment, express or implied, of the right to navigate the St. Lawrence, or the surrender of any territory south of latitude forty- nine on the Northwest Coast." x x x x »II. The President 5 other place to the north of that parallel. I must observe that what I had in view was the exchange of the southern extremity of Nootka's island (Quadra and Vancouver's,) which the forty- ninth parallel cuts in an inconvenient manner, for the whole or part of the upper branches of the Columbia river north of that parallel. Albert Gallatin. Hon. Henry Clay, Secretary of State. No. 12. Extract from Vancouver's »Voyage« vol. I. pagk 312. 20 "As we were rowing, on friday morning [June 22"^ 1792|, for .-imnish ix,,iui,rs point Grey, x x x we discovered two vessels at anchor '"'■''"''''' ^ ""•'"'"■'■' under the land. x x x These vessels proved to be a de- tachment from the commission of Sen. Melaspina, who was himself employed in the Philippine islands; that Sen. Melaspina had, the 25 preceding year, visited the coast; and that. these vessels, his Cath- i^** ( ;1 I-ord Aberili'fii uislics to settle tlie (IrcKon bdiindnry. — 14 — olic Majesty's brig the Sutil, under the command of Sen. Don D. Gahano, with the schooner Mexicana, commanded by Sen. Don C. Valdes, botli captains of frigates in the Spanish navy, liad sailed from Acapulco on the 8"" of march , in onler to prosecute discover- ies on this coast. Sen. GaUano, wiio spoke a httle Enghsh, in- formed me, that tliey had arrived at Nootka on the 11* of april, from wlience they had sailed on the S"* of this month, in order to complete the examination of this inlet, which had, in the preceeding year, been partly surveyed by some Spanish officers whose cliart they produced. I cannot avoid acknowledging that, on this occasion, I ex- perienced no small degree of mortification in finding the external shores of tlie gulph had been visited, and already examined a few miles beyond where my researches during the excursion, had ex- tended." X X X X X X X No. 13. Mr. Evekett to Mil Webster. London, 19*^ October, 1842. Sir: xxxxxxxxx Lord Aberdeen, in the conference which ensued after the exchange of the ratifications, observed that his only subject of re- gret in connection with the treaty was, that the boundary between the t\vo countries on the Pacific Ocean had not been provided for; and expressed a strong wish that I might receive instructions on that subject. xxxxxxxx Edward Everett. Daniel Webster Esquire. Secretary of State. 10 X 15 20 Sir: — 15 — No. 14. Mr. Evkkett to Mu. Webster. k London, 18"" November, 1842. X X X X X X X On arriving at the Foreign Office I was told that Lord Aber- i."r ue- untiHtc on Mip Ort'Koii lioitiidAry. No. 16. Mr. Upshur to Mr. Everktt. Sir: Department of State. Wasliington. O"- Oct. 1843. Tlie President directs that you take an early occasion to bring again to the attention of Her Majesty's Government tlie sub- ject of tiie claims of the two countrie.. respectively to the territory west of the Rocky Mountains. The difficulties wliich the conflicting claims of Uussia to a p«)rtion of this territory have heretofore inter- 5 posed, are lo, aappily remov(!d by the treaty of April, 1824, which defines the limits within which that power engages to restrict its settlements; so Uiat the questions now to be settled rest exclusively between fireat Britain and ihe United States. x x x The ofler of the 49"' parallel of latitude, altliough it hasio once been rejected, may be again tendered, together vvitli the right of navigating the Columbia upon equitable terms. Beyond this the President is not now prepared to go. x x x x You will receive herewith tlie necessary powers to negotiate upon the subject. If, however, the British Government prefers that i r> the negotiation shall be conducted in Washington, that arrangement will be perfectly agreeable to the President. A. P. Upshur. Kdward Everett Esq. vi M rl m TIiv iirKiitialiuti trHiisferrcd t** No. 17. Mr. Everett to Mr. Upshur. [Confidential.] London, 2"'' November, 1843. Sir: By the steamer of the IG* October I had the honor to re- ceive your despatch no. 62, enclosing a Full Power from the Pre- sident to treat with this Government for the adjustment of the 2n Oregon boundary, and containing your instructions on that subject. I lost no time in applying for an interview with Lord Aberdeen, and saw him the first day of his return to town. On apprising I''. wm ft'... — 17 — him of the disposition of the President to open a negotiation on tliis subject at I^ondon, Lord Aberdeen informed mo tliat such an arrangement would have been altogether agreeable to him if some- wiiat earlier made, and reminded ine that he had very often, in .") the course of the last winter, expressed the wish that the Presi- dent would authorize ine to treat on the subject. He had, however, lately come to a conclusion and taken a step, that made it neces- sary to treat upon the subject at Washington: this was the recall of Mr. Fox and the appointment of a successor. Among the grounds 10 for adopting this measure, was the behef that there would be de- cided advantage in putting the management of this subject into new hands, and consequently that had been and would be assigned as a leading reason for the contemplated change. This course, lie said, had not been resolved upon till they had entirely given up 15 the expectation that I should he authorized to treat on this subject. Edward Everett. A. P. Upshur Escj. Secretary of State. No. 18. Mr. EvERErT TO Mr. Upshur. [Private & Confidential.] London, 14"' Nov. 1843. Hon. A. P. Upshur. x x x I had a long and upon the whole (|uite a satisfactory con- Mr. Kv^reti argues versation with Lord Aberdeen at his dweUing -!'>., •, on the G* inst. '"■■"'•■ •'•-•■iw "Hsi". He was on a visit to Windsor Castle, from whicj. U' wrote me a note requesting me to call upon him at Argyll House (his town resi- 20 dence), and I beUeve he came to London principally for the pur- pose of holding this interview He returned to the Castle to dinner. He told me that he had communicated to Mr. Fox , by the steamer of the 4"' , that his successor was appointed. x x He then led the way to a free and desultory but general and comprehensive 25 conversation on the Oregon question, observing in the outset that it was chiefly in the hope of putting this question in i\ favorable train of adjustment that Mr. Fox had been recalled and Mr. Paken- ham appointed. x x x Lord Aberdeen assented also IH I- • (> my remark tliiit the numerous stations wliicli thi' Iluclsnti's Hay Company liad estaljIiMlied soutli oi" the 4'.)''' ilej^rec of nortli latitude xiiico llie year 1H18, thougli they miglit and uuijuestionably wouhl eml)iirrass the Mritish (iovernment in reference to tliat Company, and thniuirli tlu'in in reference to public opinion, ()up;ht not to pre- 5 judice the claims of tlie United States. Tliis I think a very impor- tant point, to he lirmly kept in view. x x x In olfering tlie 4l)''' (U'firee of latitude as tlie boundary we make a very fair, ecjuitable, and hix'ral oHer, an oiler founded on the obvious and natural principles of distribution; while they, in refusiuf; this oiler lo and insitstin^ on the Columbia river, |)roceed upon no such prin- ciple, but simply insist upon a boundary very favorable to thorn- selves. Our olFer, 1 said, proceeded on the old principle of f' Knglish Charters of running Northern and Southern bouiularies f sea to sea. If it be objected by Lord A. (as it was) that lines ... -o latitude were arbitrary and might be very unnatural and inconve- nient boundaries, I told him that this circumstance was as likely to he in their favor as ours; that lines of latituilu had the advan- tage that they could always be ascertained by men of science; and that, in point of fact, the 49"' degree had proved a very convenient 20 line for IDOO miles. In fact the part of the ])oundary ruuning on the parallel is the only part in reference to which no controversy lias arisen, or is to be feared. Another natui'al and obvious |)rin- ciplc, I observeil, connected with this, but not identical, was the extension of contiguous territory. x x x 36 This train of remark produced an obvious ell'ect upon Lord Abenlcen, and after making some in(|uiry as to the course which things would probably take in congress during the approaching session, in reference to this subject; and expressing a strong ho[)e that no step would be taken by either House to embarrass the two ao Governments in the negotiation, he said, if this can be avoided, i.uni AiMr.ifd, ,)I do not tliiuk we shall have much difficulty"; and this remark n"" muci'i'iiini'iuiiv ''*' repeated. As not a syllable fell from me authorizing the ex- in MtiiiiiK ih, ii.Miii- pectation that the United States would be induced to run the line uary ' below the 49''' degree, I considered that remark, twice made, coup- :)5 led with the tenor of my own observation on the reasonableness of that boundary, as authorizing the inference that Mr. Pakeuham would be instructed to assent to it. The main difficulty in the way of this will be that the 49''' degree has twice been ollered by the United States, or rather thrice, and decUned by England. Lord 4u 19 10 Alicrdeen on former occasions has admitted as much. To meet this (hfticulty, it may deserve tlio President's consideration wiietiier lie would not agree to give up tlie southern extremity of Quadra and Vancouver's Island (which the 49"' degree would leave within our boundary) on condition that the entrance of the straits of Juan de Fuca should at all times be left open and free to the Tnitcd States, with a free navigation between that island and the main land, and a free outlet to the north, x x x x x x If there is any reliance in appearance and professions, Mr. Pakenham will go t« America with the best feelings for an hono- rable adjustment of the matter <\\ discussion. Edward Everett. Mr. f^vrrrlt (tiiKK''Htii a (Icllrctinn fntm 4ir ivdtilil Icnvi' lit (ircftt llhtniri till' vvlMilr nl' ^'«Il^ltll^T^ Uliind No. 19. Mr. Everett to Mr. Upshur. [Confidential.] London, 2'"* December, 1843. Sir: I had a long and important conversation with Lord Aber- deen on the 29 "» ultimo, which I now beg leave to report to you confidentially for the information of the President. 15 I have oiiserved to you in a former communication that, though the negotiation relative to the Oregon boundary had in consequence of the recall of Mr. Fox and the appointment of Mr. Pakenham, been transferred to Washington, I should use mv best efforts to produce such an impression on Lord Aberdeen's mind, as 20 to the prominent points of the question, as might have a favorable influence in the preparation of the instructions to be given to Mr. Pakenham. With this end in view I had in a former interview, as I have already informed you, gone over the ground generally in support of our claim, particularly urging, and as I thought with 2 5 some effect, the reasonableness of the terms on which the United States have uniformly offered to adjust the boundary. In my inter- view with Lord Aberdeen on the 29"" I pursued the same line of argument. xxxxxxxx I first made some remarks on the claim of the United States, 30 as the representatives of Spain, to an extension on the north- s' Mr. KvciTttaiid Lnnl Abcr'. 1 Is 20 western coast of America, originally indefinite, and limited only by the compacts with Russia, to which Spain and the United States are parties. xxxxxxxx Passing from this topic I urged with all the lV,rce in my power the extreme reasonableness of the proposal of the United 5 States to run the une on the 49'i' parallel to the sea, on the grounds of extension of contiguous territory; of giving to each power the tract due west of its acknowledged territory; and on the ground that in a final appropriation of a region at present unappropriated (assuming for the sake of argument that Oregon territory is in that lo condition) that the United States certainly were entitled, besides their own share, to two other shares, in the right of France and Spain, whose title they had combined with their own. x x After considerable discussion of these points. Lord Aberdeen finally said that these were grounds which, in the main result, had 1 5 been long ago taken by the United States, and rejected by Eng- land; that the question was quite different from what it would have been if now presented for the first time ; and that it was impossible for the present Ministry to accept what had been rejected in 1824 ind 182G; that they d'd not suppose that we, any more than them- 20 sehes, could now agree to terms which we had decUned then; and that C()nsc(,uently there must be concession on both sides; that they were willing to act on this principle, and that we must do the same. I regarded this observation, now made to me for the first time, although the Oregon houndary since my residence in England 2 5 has been the subject of very freijuent conversation bet'veen Lord Aberdeen and myself, as very important. I told Lord Aberdeen that 1 thcmght it would be very difficult for the United States to make any modification of their former proposal, except in one point, which I did certainly regard as very important to fJigland, if she 30 ent'jrtained sny views to the future settlement of the country. I th(/ught the 'resident might be induced so far to depart from the 49"' parallel as to leave the whole of Quadra and Vancouver's Island tti England, whereas that line of latitude would give us the southern extremity of that island, and consequently the command ,S5 of the straits of Fuca on both sid^s. If the country is to be occu- pied by a dense population, as tliere is no reason to doubt would one day be the case, this would be a valuable concession to Eng- land, without imi)lying a great sacrifice on our part. I observed, I was not authorized to say this would be agreed to; I could only 40 la mm — 2i — say I ihought and wished it might be. I then pointed out on a ^''' Kventi p,>ints map the extent of this concession, and Lord Aberdeen said he ii'cciZ '|■ron?'4o>''^hM would take it into consideration. """''' ''"*" ^"'"■""- vpr ti; (treat Britain. He then asited me if I was confident of the accuracy of the 5 statement which I had made relative to the offer in 1826 on the part of Great Britain to give us a port within the straits of Fuca, with an adjacent territor3^ x x x x y x I accordingly considered his enquiry to proceed from some anxiety lest I should be mistaken, and a wish to h&,,-e the fact II) estabhshed that they had then offered us a territory north c^ Co- lumbia, in order now to facilitate the way 'or an abandonment of the Columbia as the boundary. I muy be in an error in this view of the subject; but it is the result of the cloBcst consideration I have been able to give it. 15 that t)ie present gov .nment, though of course determined i ot to make any discreditable sacrifice of what they consider their lights, are really willing to agree to reasonable terms of settlement. .. x i upoke with considerable earnestness in reprobation of the conduct of the Hudsons's Bay Company in multiplying and pushing ao their posts far to the south of the Columbia, and said I trusted that the government would not allow itself to be embarrassed by this circumstance. Fair warning had been given to the company in 1818, tuat no settlements after that date should prejudice the rights of either party. He said he did not consider the existence of those •J 5 settlements as a very serious matter, but the navigation of the Co- lumbia was a serious oiie. x x x x x x Edward Everett. A. P. Upchur Esq. Secretary of State. Mr. Evkrett to Lord Aberdeen. Enclosui'e B. (tc the above). (Private.) 46, Grosveuor Place. 30"' November, 184;}. My dear Lord Aberdeen: The proposition relative to a port within the straits of Fuca ^i' nm-M prosiuis and an adjacent tract of country was made by Mr. Huskisson and AbciZr Mr. Addington to Mr. Gallatin, on the 1" December, 1826, and will . hi.s pruijusitiun tu Lonl ill writing. !i — 22 be found recorded in the protocol of the tliird conference, which was lield on that day. ppears from Mr. Gallatin's correspondence that at a former conf' je Mr. Huskisson had especially objected to the extension of the 49" to the Pacific, on the ground that it would cut off the r, southern extremity of Quadra and Vancouver's Island. My suggestion yesterday would obviate this objectioii. I ought, however, to repeat in thus alluding to that suggestion in writing, that though it would have betn within my competence to propose it, (subject to the approbation of my government) had the lo negotiation remained in my hands, it would have been so only under the general authority to propose and receive terms of com- promise. The suggestion itself is not specifically alluded to in my instructions. A glance at the map shows its importance as a modification 15 of the 49* degree, and I should be truly rejoiced if, in regarding it in that hght, your Lordsliip would permit it to become the basis of a final settlement of this serious difficulty. Edward Everett. Ihe Larl of Aberdeen. dstc. &c. Mr. Kvert'tt and Lord Aberdeen ecm- tinile the disensfiin' No. 20. Mr. Evkrett to Mr. Nelson. liondon, 1 April, 1844. Sir: xxxxxxxx x The principle of running the forty- ninth degree of latitude to the sea and leaving to each party West of the Rocky Mountains an the continuation of its territory East was in all other respects, the most natural and equitable basis o( settlement. I had on previous occasio'iS pursued substantinlly this hne of argument with Lord Aberdeen, and I received from iiini now the same ciswer .0 it as formerly, viz: that Great Britain could 25 not now accept terms which she ht-d distinctly refused before; that he felt that we were under the same necessity; that he did not ex- pect the United States to agree to what thsy had already rejected: c;rI that consequently it must, bethought, be assumed as the basis of negotiation that something must be yielded on each side. — To 30 23 — this, 1 replied, that thougli as a general principle of negotiation under such ciiv,umstances this might be admitted, it was nnpossible to leave out of view the substantial character of the former propo- sitions on either side; and that in proportion as .le (Lord Aberdeen) s should, on reconsidering the subject, be inchned to think that the oiler formerly made by the United States to continue the forty-ninth parallel to the sea was an equitable offer, and one founded on na- tural and reasonable principles of adjustment, he ought to be satis- fied with but a moderate departure ii-ora that proposal; particularly 111 if such a modification, without involving a great sacrifice to us, were eminently advantageous to them. In fact such a modification was the only one which the United States could, in my opinion, be brough to agree to. The modific tion which I had formerly suggesn d, , viz: that the United States would waive their claim to the South- 15 ern extremity of Quadra and Vancouver's island, which would be cut oir by the forty -ninth degree of latitude, was precisely of this kind. It cou' be of no great importance to us lo hold the South- ern extremitj of an islan ' ■>( wliich the main portion belonsed 20 to England: while the enr -^session of the island and ooiiso- (juent'y the free entrance ol e Straits of I'uca would be a \ .rv important object to Great Britain. I rep. i ted what I had often ob- served before, that I had no authority to say that this modificatioii would be agreed to by the United States, but that I i bought it 2 5 might. Lord Aberdeen did not commit himself on the point, wht ler or not this proposal, if made by the Government of the United States, would be accepted. He however stated (, I understood him) that he had caused a map to be colored as I suggested; that 3» he was desirous to go as far as [)ossible for the sake of setthng the controversy; that Mr. Pakenham's original instruct im were drawn up in this spirit; and that since he left home, hi- vd Aber- deen) had eidarged his discretionary powers. I confes.-, from these facts, viz: that Lord Aberdeen does not expect us to agree to the 3 5 Columbia as the boundary, not even with the addition of Port Discovery and an adjacent tract of country within the Straits of Fuca (which we refused in 182ti); that he has never negatived the idea of the forty -ninth degree with the suggested modificacion: that he has uniforndy said that he did not think theie would be 4 great difficulty in settling the question, and this althjugh I have m _ 24 — as uniformly assured him that, in my opinion, the United States would not stop short of the 49* degree except in the point above Mr. Kv.rtti thinks stated; — 1 draw tlie inference that this proposal would in the last rhnt (h-cat Hritftiii will • /» i i i iia .iti-ppt the line .if 49" resoft DC accBptcd. 1 am satisfied that the Mmistry smcerely wish iviih the pro|,i,i.ell{. SkNIOK, IN TIIK ILondon] Examinkk No. 1S>4:{. Satiuday Ai'rii. 2(), 184"). "If arbitration be unobtainable, the only mode of accommo- dation is mutual concession: and the terms which we suggest for that mutual concession are those which, if we were arbitrators, we is should award, namely, that the boundary should be the 41)"' parallel until it meets the Pacific, and then the sea. Our only real claim rests on contiguity, and this would give us more than mere con- tiguity entitles us to. This would give us the wliole of Van- couver's Island, and it would give us an abundance of good 2n harbours. It would also give us the country wlr ;li is best for the purposes for which we use it, the fur trade. > x Whatever be Lord Aberdeen's policy, the Opposition will, w • trust, not add to its difficulties. x x x We trust that the Enghsh ne- gotiators will not deny every principle of law, however sacred, 2b which they find opposed to them, and cverj- fact, however no- torious, that makes against them, o IK 81 No. 27. Nahuativk ok niK I'mtki) .Statks Exi'I.okino Exi-kdition nrumo riii: Ykaus 1838, 18:{<.), 1840, 1841. 1842. By Chahles AVilkks, IT. .S. X., ("OMMANDKH OF I'lllv Exi'KDITlO.N. l.N Imvi: V Ol.UMKS, AMI AN AILAH. PlIILAllKI.lMIl A, 1845. Ill Voi.iMi: IV, CiiAPTKR XIV, 1841, I'Adi; 484. "A large boat e.xpeditioii was also Ktted out, of wliicli 1 took charge in person, to proceed across tlie Straits of the Fuca, to com- plete the survey of the Canal de Arro, with the adjacent bays and liarbours, and theuce to tiie mouth of Eraser's river, « x x x "On the morning of the 25'J' [July 1841 ) the brig parted com- pany, and in the afternoon I set out, with seven boats, to cross the strait, a x x x "On the 2(j"', we began the survey of this labyrinth of is- lands, wiiicii was continued the next day, 27''', « x x x XXX »()n tlie 28"', the duties of our surveys were again resumed, and a finish made of those of the Canal de Arro. This was effected through the strenuous exertions of both officers and men, and the same night we reached the Vincennes. >< x »We had completed all that was essential for the navigation of tlie Canal de Arro. a x x x Wilkrs blll'Vf^-) |'J4- iiul (K- llnri) ill July IHll, I No. 28. Mk. Buchanan to Mh. Pakknhaji. Extra (• t. Department of State, Washingt(-n, .July 12"', 1845. X X »He [the President j has, therefore, instructed the undersigned again to propose to the government of Great Britain, that the Oregon territory shall be divided between the two coun- tries by the forty -ninth parallel of north latitude, from the Rocky 20 mountains to the Pacific ocean: offering at the same time to make iMr. Hucliunaii ollVri. ihc line (if 4«° witli tVei.' ports nil Van- I'ouvcr. — 32 — free to (Jreat Hritnin, any port or ports on Vancouver's island, Hoiitli of tliis parallel , wiiicli the TJritish government may desire, x x x James nuchanan. Kt. Hon. H. Pakenhani, &t>. Kc. «£c. Mr. Pftk^^iiluini n-' iccts Mr Hiwlt/itmir-. ■ itrpr. No. 29.' iMu. Pakknham to Mu. Buchanan. Extra c t. Washington, .Inly 29'^, IM^. XXX The undersigned, therefore, trusts that the American plenipotentiary will be prepared to od'er some further pro- |)08al for the settlement of the Oregon (juestion more consistent with fairness and equity, and with the reasonable expectations of the British government, as deiined in the statement marked D, which the undersigned had the honor to present to the American pleni- potentiary at the ea'-'y part of the present negotiation. x x x R. Pakenham. Hon. James Buchanan (.S:c. lScc, >ic. Mr. ■ ir.'iwF Ittu-li.-iri.'iii hif, nffcr. No. 30. Mr. BicHANAN TO Mr. Pakenham. E X t r a c t. Department of State, Washington, August 30, 1H45. X X Such a proposition as that which has been made, m never would have been authorized by the President, had this been a new (juestion. Upon his accession to office, he found the present negotiation pending. It had been instituted in the spirit and upon the principle of compromise. Its object, as avowed by the negotiators, was not 15 to demand the whole territory in dispute for either country; but, in the language of the first protocol, »to treat of the respective claims of the two countries to the Oregon territory , with a view to If. — 33 _ i'slal)li8li a permanent boundarj' between tliem westward of tlic Uo(!ky mountains to the Pacific ocean." Placed in this position, and considering tliat Presidents Monroe and Adams had, on former occasions, oilered to divide tiie territory r. in dispute by tlie forty-nintli parallel of latitude, be felt it his duty not at once abruptly to arrest the negotiation, but so far to yield bis own opinion as once more to make a similar ofl'er. Not only respect for the conduct of bis predecessors, but a sincere and anxious desire to promote peace and harmony between 10 the two countries, influenced him to pursue this course. The Oregon (juestion i)re9ents the only intervening cbmd which intercepts the l)ro9pect of a long career of mutual friendship and beneficial trom- merce between the two nations . and this cloud he desired to remove. These are the reasons which actuated the President to oiler a proposition so liberal to Oreat Britain. And bow has this proposition been received by the British plenipotentiary? It has been rejected without even a reference to his own government. Nay, more; the British plenipotentiary, to use his own language, ..trusts tliat the American plenipotentiary 30 will be prepared to offer some further proposal for the settlement of the Oregon (juestion, more consistent with fairness and e(|uitv. and with the reasonable expectations of the British goverinneut./ Under such circumstances, the undersigned is instructed bv the President to say that he owes it to his own country, and a 2 5 just ajipreciation of her title to the Oregon territory, to withdraw tlie [)roposition to the British government which had been inndi- under bis direction; and it is hereby accordingly withdrawn. In taking this necessary step, the President still cherishes the hope, that this long pending controversy may yet be finally 3 adjusted in such a manner as not to disturb the peace or interrupt the harmony now so happily subsisting between the two nations. James Bu(^ban^n. Right Hon. Richard Pakenham &c. &c. &c, {I" m Iff ^ 1; i Hi .surt's (lie A I All.ill.Til tlir rcjcclii nuTican jmi V Vi- I'ak.'ii rrn- .11 of pcisi- — 34 — No. 31. .Mh. MacLane to Mr. Buchanan. Londop, October 3"'. 1845. Sir: 1 received on the 29"' ultimo your despatch, number 9, dated the 13"' September, transmitting a copy of your last note (30"' of August, 1845) to Mr. Pakenhani, relative to the Oregon question. On tiie (lay following I was invited by Lord Aberdeen, in tho note hereto appended, to an interview at his house in Argyll 5 sti-eet, which I granted accordingly. The object of the interview, as I had anticipated, related exclusively to the posture in which the negotiations between the two governments had been placed by your note of the SO"- August to Mr. Pakenhani, and the withdrawal of the proposition, which the President had previously directed. i o Lord Aberdeen not only lamented but censured the rejection of our proposition by Mr. Pakenhara, without referring it to his go- ver iiaent. X X He stated that if Mr. Pakenhani had communi- cated the American proposition to the government here, as he was 15 expected to have done, he. Lord Aberdeen, would have taken it up as the basis of his action, and entertained little doubt that he would have been enabled to propose modifications which might ultimately have resulted in an adjustment mutually satisfactoiy to both governments. x x x x x x xao 1 did not fail, however, to take the occasion to press upon Lord Aberdeen, the great difficulties with which, in the present state of public sentiment in the United States, the President could concede even that which he had done in the proposition he had authorized. x x x x x x x xj5 It was (juite obvious to me, that Lord Aberdeen had beconie convinced in his ov;n mind, though in what way I do not pretend to conjecture, that the terms which it was his intention ultimately to propose, or assent to, would be accepted by the President, and that on this account he particularly regretted the interruption in 3(i the negotiation without affording an opportunity for that purpose. X X X X x Louis MacLane. Honorable .lames Buchanan, Seci-etarv of State. ii i i«' s 35 No. 32. Mr. MacLane to ]Mu. Buchanan. London, December I''', 1845. Sir: Although it is well understood here that, in the [)resent [)osture of the Oregon question, my connection with it must be in a great degree informal, the Earl of Aberdeen occasionally makes it a subject of conversation. 6 At his request ! have recently had an interview with him. when he put in my hand, to read, two despatches from Mr. Pak- i^nhain, one in explanation of iiis rejection witliout reference to his Government of the President's proposition: the other containing a statement of his subsequent attempts to induce you to allow the 10 President's proposition to stand as the basis of further negotiation, or to have some assurance of the answer which a new proposition from the British Government would receive, x x x The principal object of Lord Aberdeen, in seeking the interview, aj)- peared to me to be, to point out the embarrassment in which Jie 15 thought the Pn'sidenfs withdrawal of his proj)osition had placed this Government. It was quite evident, indeed he expressly said, that he was not prepared to accept the President's proposition, but desired only to make it the basis of further negotiation and mod- ified j)ropositions from this Government, which he would have 20 done, notwithstanding the rejection of it by Mr. Pakenhain, if ir liad not been withdrawn by direction of the President. XXX Although I am ijuite sure that the Earl of Aberdeen has no idea at present of accepting the compromise contained in the President's proposition, it would not surprise nn^ :>r> if an arrangement upon that basis sliould prove acceptable to large and important classes in this country, indeed coi iplained of princi- pally by the Hudsons Bay Company, and those in its interest. That the Ministry would find it chfficult »nd hazardous tu prefer war to such a settlement may well be imagined, although 30 you may assume it to be certain that when war becomes inevitable it will receive the undivided support of the British people. I believe the Government and People here are quite prepared for the re-assertion in the Message, of the President's opinions ex- pressed ill his inaugural address, and. perhaps, for a recominendatioti 0° l...nl Al. >iilcl Imvi- tnki II Mr. itTorastlie itialiciris. IB I — 30 l>y Imii to terminate tlie joint occupation in tlie manner provided by tlie exist inn Treaty. And I also think tliat unless the recommendation in the Mes- sage should be sucii as to discourage further negotiation, and to manifest a determination to insist upon our whole right, they would 5 not lead to any immediate measures upon the part of this Govern- ment, or materially add to the emharrassment in which the relations between the two countries appear to be at present involved. x X X X X x'x X X y Louis MacLane. .Tames Buchanan Ksquire, .Secretary of .State. if No. 33. Mr. Batks to Mh. .Sii miis. London, 2"'' December, 1845. IltKisoii liav roin- Private. | Sir:x X X X x x x x ^ Our relations with the United States. When 1 last pauy prevent settle- j.„ . ,1 . 1 • , t nie,u. No An.nrie».> ^^rotc to you ou tlus subjcct I gavc you to Understand that the lo .le'rrtT'''!,'" "''g''f'"t'"°« ^^■«''^' go'nft- well, but 1 soon after learned that tli..re Fueas .straits ''ad been a hitch at Washington and a very awkward one it is, 1. .' the British (lovernnient must now make the first move , and whether they will make that move remains to be p.^en. Une thing is consolatory, viz: that after the publication of Mr. Webster's 15 speech here yesterday consols improved. The stockjobbers say that "the 49° is about right and there can be no difficulty.. That will be the feeling of -A-"" of the peojile of G. B., but this has been refused by so many ministers previously that Lord Aberdeen may hesitate: the western members of Congress will rail, and merchants 20 will be kept in hot water another year. The Hudson's Bay Co. prevent a settlement, I have no doubt— they might have 'JO years occupation and the right of preemption to their lands under tudti- vation, and to become Americans or not at the expiration of the time, as they may choose, always conforming to any laws the United 2-, States may establish for the Government of the territory. This with the 4'.)'' to the Strait, giving Vancouver's Island to (i. B. is — 37 — as much as any American, be he Bostonian or Carolinian will 1 think consent to give up. If G. B. is not satisfied with that let them liave war if they want it. x x x ,, ,„ , Joshua Bates. Hon. W"". Sttugi^. No IVlu. MacL.^ni-: 34. TO Mu. Buchanan. Loudon, February 3"^, 184(). 15 211 2 5 Sir:x X X x x x x x x It will be perceived from the remarks of Lord John Russell, 5 and Sir Robert Peel more particularly, that the observations I have heretofore made of the effect upon public opinion in this country, of the President's proposition for compromise are fully confirmed, and that the rejection of the proposition by Mr. Pakenham, without sending it to his Government, at least as the basis of negotiation, 10 is atrongly disapproved by both parties. I have reason to know also, that there i.s an e.\[)ectation with all classes here, mat this disapprobation should hfive its influence in disposing our Govern- ment to give a favorable and amicable recej)tion to any future over- tures which may be made for resuming the negotiation, x x x On tiie subse(iuent night, Friday the 2^-^ of January, the subject was again introduced to the notice of the house of Commons by Lord John Russell. He said: »It would appear, that a pro- » position for a compromise had been made from the President to «IIer Majesty's Government, and he (Lord John Russell) conceived » that that proposition had changed the state of the question. The -proposition itself might be satisfactory, or not satisfactory; but "having been made, it did appear to him to require a statement >. from tiiose in authority in this country of the terms on which they « would be satisfied to settle this question. That proposition, he "Understood, had not been received by Her Majesty's Government, "but had been declared to be wholly inadmissible by our Minister "in America. He (Lord John Russell) confessed he thougiit that « was a liHsty proceeding on the part of the representative of Her .Majesty in the United States, but what he wished to ask was, "Whether the negotiations had recommenced, or were goin"' on.» ;Mr. I'aki-iiiiaiii'h ciiinliK't .stroimly ,lis- apl-KiM-d ill Kiijilaiiil. Luul .Jl.hll KlIKSt'li calls ^Ir. Paknihaiiib rejection nl" tlic Ame- rican iitVcr a Iiaslv jTocecdiiiu. f hi 'I ; jf i:: I — 38 — ,Sh Uiihort P Hays tliat !\lr. Pakeii- liain iitiKlit tn liavc rt'ft'rrcil (lu- Amcni-fi:! offer III his anvprii- mtMi(. i Sir Robert Peel observed: »0n the subject of the Oregon . "territory, I have to state thaf a proposal was made by Mr. Bu- ■ chaiian, with the authority ol liie President of the United States. »to JMr. Pakenham, and that the proposal so made suggested a » division of tlie territory. Whether or not that proposal ought to 5 nhavc been accepted, I cannot say. Mr. Pakenham thought that »the terms proposed were so httle likely to be acceptable, that he »did not feel himself warranted in transmitting the proposal to the » Government at home: and on signifying this to Mr. Buchanai., tiie "latter immediately stated that the proposal was withdrawn. This lu »is the state of the negotiation at present, so far as lam informed. i> respecting the proposal submitted by Mr. Buchanan. I have the )) highest pinion of Mr. Pakenham, I have the greatest respect for • his talents, and the greatest confidence in his judgment; yet I must »say. tiiat it would have been better had be transmitted that pro- is oposal to the home Government, for their consideration, and if » found in itself unsatisfactory , it might [)ossibly have formed the 11 foundation for a further proj)osal. ( Hear I ) ^i x x x x II We have no hesitation in announcing our sincere desire for "the interests of this country, for the interests of the United States, 2o 11 and for the interests of the civihzcd world . in continuing to strain n every effort, which is consistent with National honor, for the pur- • pose of amicably terminating those disputes. (Hear!)» x x x II I think it would be the greatest misfortune, if a contest about "the Oregon between two such powers as England and the United 2!) "States, could not, by the exercise of moderation and good sense, "be brought to a perfectly honorable and satisfactory conclusion." ( Cheers. )xxxxxxxx After these observations , 1 owe it more particularly to myself to state that, behoving irom the history of our previous so lincdf 4(1" an.i negotiations, as to the Oregon ([uestion, that it may now be settled upon the basis of a compromise, and with reference to interests which have grown up during the joint occupation of the territory, without a violation of any duty which a public man owes to the rights and honor of his country. I would not be unwilling, taking as the Presidents proposition of the 12"' July, as a basis, to urge a final adjustment of the cjuestion according to that proposition , but conceding to the Hudson's Bay Company a continuance of the |)rivileges of joint occupation, including the navigation of the Columbia, for a period of seven or ten years longer; and I hope 40 Sir H.iliiTt l'<-cl (»r it jii-ad'aMu stillliMiuMit 'il't)ieOreaon<]UPstioii. .Ml. Miirl.am. ii'iKirts tliat tlic Hritisli n:n- criitniMit will aorrjil til 11 m — 39 — 1 may be allowed to add that, I would be willing to assume the responsibility of assenting to an adjustment by extending the boundary to the Pacific by the 49"' parallel and the Strait of Fuca with free ports to both nations; or by extending the free navigation 5 of the Columbia river for a longer period, provided similar advan- tages upon the St. Lawrence could thereby be secured to the United States. I beheve that upon one of these grounds, perhaps upon either, an adjustment may be concluded, and I have a strong con- 10 viction that the first indicated is entirely practicable. I am, however, constrained at the same time to state, from all that has come to my knowledge here, that I have no reason to beheve that more favorable terms, than those I have above adverted to, would under any circumstances be consented to by 15 this Government, x x x x x x x Louis MacLane. Hon. James Buchanan, Secretary of State. No. 35. Extract fkom thk Speech of Mr. Calhoun of Soi'th Carolina, in the Senate, March 1(1, 1,S4(). X X »The past history of the affair, the fact that it had been frequently ofl'ered by us substantially as an ultimatum, added to the fact that 49° was the boundary on this side of the Kocky Mountains, left no doubt on my mind that, if settled by 20 compromise, it must be on that basis." x x x x riif line of 41F tlie Illy line admissible. Extract from the .speech of Mr. \Veuster of ]VLvssa(^husetts, IN the Senate, March 30, 184fi. XX X 1 was not very far out when 1 took the precaution of reducing what I intended to say to writing. What 1 said was (and I presumed not to dictate, or to speak as ex cathedra), that in my judgment puohc opinion in both countries 2 5 tended to a union on the general basis of the proposal made by this Government to that of I'^ngland in 1826. x x x (ireuf Hritaiii caniiut ■\]ieet niivthini; stinth 1^:11 l?s — 40 — X X What I meant, and what I said , was. that if 40° should be agreed on as a general basis, I was satisfied to nego- tiate about all the rest. But the gentleman from Ohio and the Senate wil' do mc the justice to allow that I said, as plainly as I oould speak or put down words in writing, that England must not expect any thing south of forty -nine degrees. I said so in so many words. x x x x x x Extract fkoji thk dkb.\tk on the Ouec.on Question, in the Hou.se of Represkntatives, Feuruary 1). 1840. i.,iM,yuim,v.\,ia,„s 5Ir. T. B. King: x x • I should like, with all respect I'-L-ai-cLs Aiiirnra s tillo iir iiii «i .« .lonr lo all toirii.iry and dcterence to the learned and venerable gentleman from Massa- o,,.i^i.„nf,.,n„,i,,.f chusetts, [Mr. Adams.] to ask -whether, in his judgment, our title in to the entirety of the Oregon territory is »clear and unquestionable « ?• Mr. John (iuincy Adams. x "According to the con- struction we give to "dear and indisputable » , in relation to the (juestion of right and wrong, I say that our title is clear and unquestionable." x x x x x x xis TiJ ;icri'|it tllf lili ■li'.l' rec-li-.l.'.l ,11 ^.'irritirc ExTRAi T FROM THE .SPEECH OF Mr. J. Q. AdAMS, IN THE FToUSE OF Representatives. April 1 ;{"''. 184(). >^ X X »I am not for sottUng the question at the line of 49°.* x x x » If this House pass this bill, and instead of putting down 'south of the line of 49'=', as is proposed l)y this amendment, will say 'south of latitude 54° 40''. [ will vote for it.« x x "Great Britain had no claim 2 whatever. I beUeve she has no pretensions to any novv.« x x Extract from the speech of Mr. Cass, of Michigan . in the Senate, June. 1K4(?. XXX »We are seeking a doubtful good, at the certainty of a great sacrifice." x x x •Those who believe that our title to all Oregon is so » clear and unquestionable « that no portion of it ought to be relincjuished, may well contend 2.' for its whole extent, and risk the consequences." x x x — 41 — EXTUACT FROM THE SPEECH OK ]\1k. Se\1EU , OF AuKANSAS, Chauiman of the Committee on Fokekin Relations, in THE Senate, March 25, 184G. ^ ^ X Sir, I am not sure but that a majority of the people of the United States would rather light Great Britain to morrow, than yield up to her any part of Oregon, south of 54'^ 40'. I am not sure, bi-t that a majority of the people of 5 the United States are now ready to assert the title of the United States to the whole of Oregon, beheving, as that majority do, that the title of their country to the whole of it is unquestion- able: and with this assertion of their title, I am not sure but that this majority are not now ready, upon the slightest intimation 10 from those who have control of our public affairs, to maintain it at all hazards. x x x x These people, with these impressions, arc now looking and reading about Oregon, and are (piietly and firmly forming their resolves upon the subject. .54° 40' are chalked upon doors and windows, and upon walls, pillar and 15 post, every where. ^ ^ These people are in no temper for unjust concessions, in the form of compromises. Is there, sir, a man in America, of any party or of any sect, that would not sooner fight Great Britain to morrow, than yield up any part of Oregon, south of 49°? In support of our title, up to that line. 2 and for every thing south of it, we should find even our Quaker friends in uniform, with arms in their hands, crying aloud, in the highways and by-ways, .To your tents, Israel! « Miiiiy ,\i„ iliiim ■li'- 4()' Ijuiuulai-y, and liulil fni- lil'. ■rii-aiis as tlie VVOlllli No. 36. Extract from the [London] Quarterly Review for March, 184G, VOL. I.XXVir. PAGE 603. ** X X We believe that the proposition for a division by the 49«> degree and the Straits of Fuca — which we 25 have hitherto called Mr. Dargan's, but of which we hear no more under that name — would have been at any time, and under any circumtances, received with as nuich satisfaction as now. "VVe are more and more convinced by the advices which we have lately 6 ■n.e favor of V.r aii.l !• 'I'liarli'ily in till' line of "llr,(s s||-ai(s. — 42 — received, tliat tlie American Cabinet will not and — if it would — could not make any larger concession. It is, we believe, all tbat any American statesman could hope to carrj', and we are equally satisfied that on our part, after so much delay and complication, and considering it in its future effect on the tranquillity of the district itself, it is the best for our interests and sufficient for our honour. xxxxxxxx No. 37. Mu. Buchanan to Mk. MacLank. ;8 I I The President may rnnscnt to consult the Senate on any Kritish liroiiositioi). Department of State. Washington, 2G"' February, 1810. Sir: xxxxx xxx The President, since the date of his message, has seen no cause to change his opinion, either in regard to our title to Oregon, or to the manner in which it ought to be asserted. But the Federal i n Constitution has made the Senate, to a certain extent, a co-ordinate branch of the treaty- making power. Without their advice and consent, no treaty can be concluded. This power could not l)e entrusted to wiser or better hands. Besides, in their legislative character, they constitute a portion of the war-making, as in their 15 Executive capacity they compose a part of the treaty-making power. They are the representatives of the Sovereign States of this Union and are regarded as the best index of the opinion of their constituents. A rejection of the British ultimatum might probably lead to war, and as a branch of the legislative power, it would be incumbent upon 20 them to authorize the necessary preparations to render this war successful. Under these considerations, the President, in deference to the Senate, and to the true theory of the constitutional respon- sibilitit J of the different branches of the Government, will forego his own opinions so far as to submit to that body any proposition 2 5 which may be made by the British Government, not, in his judg- ment, wholly inconsistent with the right and honor of the country. Neither is the fact to be disguised, that, from the speeches and proceedings in the Senate, it is probable that a proposition to ad- just the Oregon question on the parallel of 49 would receive their 30 favorable consideration. x x x xxx — 43 — 10 15 !0 !5 Till' I" resilient \M.ul(l siiljiiiil til the Sejiatc the line iir4ir uiiil the striiits iif Fiiea. Ill The President is desirous so to adjust the Oregon yuestiou Thei',e»io,„i,vishe» as not to leave open any source from which niiglit proceed new Zl,Z '"r 'i.™""iini! difficulties and new dangers, again to threaten the peace of the two "'"i" countries. xxxxxxxx The President would also consent, though with reluctance, to submit to the Senate the second proposition suggested hy you, dividing the territory in dispute hetween the two countries »l)v -extending the boundary to the Pacific by the forty - ninth Par- »allel and the Strait of Fuca« ; l)ut without tlie superadded words nvith free ports to botli uations«. These words are in- definite and he cannot infer from them the extent of your mean- ing. In case the first proposition to which you refer should be made by the British Government, the President would not object to the terms of his offer of the la"- July last .to make free to 15 "Great Britain any port or ports on Vancouver's Island south of "this parallel, which the British Government may desire.a If the cape of this island should, however, be surrendered to Great Bri- tain, as would be the case under the second proposition, then he would consider the question in regard to free ports as terminated. I need not enlarge to you upon the inconvenience, not to say im- possibility, under our system of government, after one or more States shall have been established in Oregon , (an event not far distant) of making any of their ports free to Great Britain or any other nation. Besides, our system of drawbacks secures to other 2 5 nations the material advantages of free ports without their incon- veniences. There is one point which it is necessary to guard, whether the first or the second proposition should be submitted by the British Government. The Strait of Fuca is an arm of the sea, and under 311 the pubhc law all nations would possess the same right to navigate it, throughout its whole extent, as they now have to the navigation of the British channel. Still, to prevent future difficulties, tins ought to be clearly and distinctly understood. x x x James Buchanan. Louis MacLane Esquire, kc. &c., (fee. 21) 6" w m 4 u V II .Ml'. MarL.iur i-f|ti'lt.-4 tlint < X X X X X X X X My despatch of the seventeenth of March, after an oppor- li.e i.n,i,i, «„«.„- tunitj^ had been afforded of seeing and reflecting upon your final '""" """ '"■■ '''"'" answer to Mr. Pakenham's proposal to arbitrate, acquainted you M'r"»b,;iit:,''of''';hI that very soon after the date of the last note of the Earl of r:™;,':; ,,f o„Z" 15 Aberdeen to Mr. Pakenham I had positively ascertained that this government would take no further step towards renewing the ne- gotiation until after Congress had finally acted upon the question of notice. Honorable James Buchanan, Secretary of State. Lonis MacLane. — 40 — -:|> \\'ilkf» nin(y ilip Aiin'rirjiii Si-mhi*- No. 41. ExTUAtT.S lUu.M TUK Sl'KKI II OK Mu. DiX, OV NkW-YoMK, IN TUK Sknatk Fkhuiahy 1*J, 184«). XXX "The liistoricnl facts arc too well authenti- cated to be [lerin.tiiently iiiisunderstood. They were »o well known at the time, that even tiie rivalry — not to say tlie detraction — of tlie day conceded to Gray the merit, of the discovery by desig- nating the river by the name he gave it — the name of the vessel 5 tiiat first entered its waters. » x x x »Look at the map of Oregon on your taltle, l)y Captain Wilkes, and you will find fJray's l)ay, so named by Broughton, (see Vancouver's .lournal, Vol. ;{. page !»2), on the north side of the Columbia and higher dp than Astoria. According to (Jray's own log, he ani'i-K ili* viilc the territory t»y tlw pnrnllcl ,.l' «)'. Hirrli'p. Kfty. .■niml 'le Hani, .-Mill Knra'w Slillito. 48 I! [,astly: llic proposition will (loniaiid for the Hudson's Bay ('(irnpaiiy the rij^lit of freely navjiiatinji tlie Colurnhia river. It will, however, as 1 understand, disclaim the i(h'a of sovere'^nty or of the ri^ht of exenMsinfj; any jurisilietion or ])olice whatever on the part of this ijovernnicnt or of the company, and will contemplate only the rif>ht of navijrating the ■■i\er upon the same footing and aci^ording to the same regulations as may he applicahie to tlie citizens of the United States. x x x It is scarcely necessary for nie to state that the proposition as now submitted has not received my countenance. to Althr)ugh it has been no easy task, under all the circum- Til.' ai.uvc |,ioi.ns«i administration of our government, the extension of the line on the lZ«t!Ln''>iri'v°! forty -ninth parallel to the Strait of Fuca, as now proposed by ''"■ Lord Aberdeen, was actually suggested by my immediate predeces- sor. (^Ir. Everett), as one he thought liis govfirnment minht acce])t. xxxxxxxxxxx I have myself always believed, if the ext(^nsi(in of the line 3 of bomidary on the forty -ninth parallel by the Strait of Fuca to the sea W(iuld be acceptable to our government, that the demand of ii right freely to navigate the Cohnnbia river could be compro- mised upon a point of time, by conceding it for such period as might be necessary for the trade of the Hudson's Ray Company. 3.5 north or south of the forty -ninth parallel. x x x x mmm mmmmm 49 I have not the least reason to suppose it would be possible to obtain tlie extension of the forty-ninth parallel to the sea. so as to ffive the southern ca,, )f Vancouver's Island to tlie Ciiited States. Hon. .Fames Buchanan, Senretarv of State. Louis Mac Lane. No. 43. Fhk Eart. (jf Akkhdkkn to Mk. 1*.\kknham. E X t J- a (• t. May 18. I84t). The boundary [said Lord AberdcenJ having been fixed by ., the convention of 1818, between the possessions of Great Britain au4 the United States, and the line of dcMnarcation having been carried along the 49'i> parallel of latitude, for a distance 'of 800 ..r 1000 mik.s. througli an unfrei^uented and unknown country, from the Lak# r>f the Woods to tlie Rocky Mountains, it appear.'d in to the government of the United States that it was a natural and reasonable ^ugge.sfi<^i that this line should be continued along the 8*me parallel for about half this distance, and through a country m little known or frequented, from the Rooky Mountains to the sea. And indeed, with refer^-nce to sucli a country, the ex- 1.5 tension of any line of boundary already fixed niigh ecjually have been suggested, whetlier it had been carried along i;l,o 49"' or any other parallel of latitude. On the other hand, liowcver, it may justly be observed that any division of territory, in which both parties possess equal rights. 2 ouglit to proceed on a principle of mutual convenience, rather than on the adherence to an imaginary geographical line; and, in this respect, it must be confessed that the boundary thus p)*oposed would be manifestly defective. It would exclude us from every commodious or accessible harbour on the coast: it would deprive 2 5 us of our long-established means of water communication with the interior for the prosecution of our trade: and it would interfere with the possessions of British colonists resident in a district in which it is l)elieved that scarcely an American citi/en. a-^ a settler lias ever set his foot. 7 I,..1,1AL,T Ihv 4iltli y taiiiiiiu llii> N'ftucoiiv.'r Knuliiii.l. .nl aiil 1,1 Alier«lreii'(i rr- r Mr. Mnrl.aiu-. — 52 — 11 I '"' 1% ti'i'aly were rlinseji liy tlu- Hritihli t.tinistn.- No. 46. KXTI.'ACI IKOM TIIK SI'KK( H OK Sill HoiUCHT PkKI. IN THK IIoUSK oi- Commons, >;oni)ay, .Iunk 21), l^i4(). XXX Sir, if anythinj^ could have induced nie to r('i;ri't lliiit decision on the part of the House whicli terminates the Governrncnr, it would have been the wisli that we should sur- vive the day when intelhgeuce might be received from the United States as to the rcsiilt of our last attempt to adjust the diflerences ft with that country; dillerences which, unless speedily terminated, must pn)l)ably involve both counirics in the necessity of an ap|)eal to arms. The IIousi' will probably recollect that, after we had od'ered to leave the dis[)utc respecting the territory of the Oregon to arbi- tration, and that oiler had been rejected, the President of the United ic States sent a Jlessage to Congress, which led to discussions with regard to the termination of the convention entered into several years since, which provided for a temporary adjustment of our dif- fei'ences — at least, for a temporary avoidance of quarrel — and enabled the two countries jointly to occupy the territory of the ift Oregon. The two Houses of the American Congress advised the President to use his uncjuestionable power, and to signify to this country the desire of tlie United States to terminate after the lapse of a year the existing convention. Tliey. iiowever, added to that advice, which iniglit, perhaps, otherwise have been considered of 2ii an unsatisfactory or hostile character, the declaration that they desired the notice fi»r the termination of the coh\ riitiou to be given, in order that an amicable adjustment of the (hspute between the two countries might tJin-reby lie facilitated. It appeared to us that the addition of that conciliatory declaration — the expression liS pf the hope tliat the termination of the coiiv.'i-tioii i/'titfiii the more strongly impress upon th«* two countries the nece»»»f> of amicable adjustment — removed sbv barrier which diplomatio r*Mtotilios might have raised to a renew* by .liis countTV of t-tv m^Mmi^ to settle our (hlferenoes with the T'nited St. ^\ ii.. m* Woit ivte, there- 3o fore, within two days afu r the rev:;Ht)t 'MC llMt intniii^eiice — we did not, hesitate, althougli the ollVr of 4i;lrilr»ti»n mhik h\ us had lieen rejecttd. to dn that which, in ttb* presmt ><«ite af the pro- tracted dispute, it liecame nreessary ». ^i ii. if B imi'* iii w i< M ■nmWMi I mmum 53 without reservt% what were the terms on wliicli we oouhl (-oiiseiit to a parti ion of tlu! country of the Oreffon. Sir, tlie President of the United States met us in a corresponding s|)irit. Whatever might have been the expressions lieretofore used by liini, howevor strongly 5 he might liave been personally committed to the ado(>tion of a dif- ferent course, he most wisely and patriotically determined at once to refer our proposals to the Senate — that authority of the United States whose consent is requisite for the conchisioii of any nego- tiation of this kind; and the Senate, acting also in the same pacific 1(1 spirit, has, I iiave the heartfelt satisfaction to state, at on.'c advised acijuies'jence in the terms we offered. From the importanctr of tiie subject, and considering that this is the last day I shaL have to address the House as a Minister of the Crown. I may, perhaps, be allowed to state wJiat are the proposals we made to the I'nited 15 States for the final settl(Mnenl i)f tlie Oregon (|uestiou. In order to prevent the necessity fv>r renewed (li|ilomatie negotiations we pre- pared and sent <'ut the form of a couvi-ntion, which we trusted the United States would accept. Tiie firHt ariicle of that convention was to this ellect. tliat — 211 •lUrom the point on the 49th paratkl of north latitude, where .1 the boundary laid down in ex»*tiw« iremiv*" and conventions between "Great Britain and the I'nitwl Swi«-s terminates, the line of boun- "dary between the U-rritories ot Her ItritaiuiH' Majesty and those »()f the Uniteil States shall be contintuMl wextward along the the 25 1. said 49th parallel of north lahtude i.> the middle of llii' i-hannel » which separates the ivntinent iViun \ .tneoiivrr"- Island nnd tlience ••southerly, (hroujjh tK<> niiddlo v>f tlie said ehannei, and of Fuca's •.Straits, tt> the Pl»«^tf^; (.V**«; ^^^>vk^«K^. how»»ver, that the navi- "gation of the swiU oImiim^ iiiuI str»iH» »outh of the 49th p-o'allel 30 »of north latitude, n>ni»te free aiul open to bv»ih parties, i. Those who i<«»ki««nb«r the Iweal ooufonnation of that country Sir Kol.i-.' l'''"l - Will \niderstand that th*1 whK-A we pn»posed is IhT continuation oi ,^^^,. the 41)th parallel of UwmkU- till it strikes the M«u«* of tma; that that parallel should not W ootttinutnl as » K>uii«Ury aen>88 \ anc»vinn us ia possession of the whi>)«> of Vimi-ouver's UImmI. with f^twl riglit to tlie navigation of the straits, x x x x .Sir. 1 will not oceiin>v the attention of the house with the iiuhv xMails of thin 4(1 convention. I have read *he iiB^Jortant articles. Oi> ihis very day, _ r)4 — on my rctirii IVoiii my mission to Ih'r Majesty to oiVcr tlip rosijinn- lion of Hit Majesty's servants, 1 liad the satisfaction of iindinp; an oflicial Iciter from Mr. I'akanliam. inlimatina; in the foUowinfj; terms the aec<'|)tanee of onr proposals, anil {^ivin;^ an assurance of the immediate lerniination of our dill'erences witii tiic United States: 1'^ » * Washington, June 13, 184(). I'My Lord — In (conformity with wliat I had the honour to "State in my (lis[)at(;li, Jso. ()(S, of the 7''' instant, the President sent »a message on Wednesday last to the Senate, submitting for the »f)pinion of that body the draught of a convention for the settlement .)<)f the Oregon ijiu^stion, which 1 was instructed by your Lordships in "(lespat(rli. No. I'.>, of the 18"' of May, to propose for the accept- »aiu'e of the United Slates. "After a few hours deliberation on each of tlie three days, "Wednesdiiy, Thursday, and Friday, the Senate, by a majority of »38 votes to 12, adopted yesterday evening a Resolution advising 15 "the President to accept the terms proposed by Her Majesty's CJov- »ernineiit. Tht^ President did not hesitate to act on this advice, "find -Mr. liuchaiian accordingly sent for me this morning, and in- "formed me that the conditions olFered by Her JMajesty's Govern- • ment were accepted by tlie (iovernment of the United States, i"' "Without the addition or alteration of a single word. — I have the honour to be. &c. "K. Pakenham. "The Pight Hon. the Earl of Aberdeen, K. T., &c.o lli- *■ sir KdIiitI rlarfs rvt-rj- Ilrilaiii antl .11 nil mil. I'lrl .1,- I'ilUM- of lirtwi'i'n .\ lil'.'l riius. Sir. the (iovernments of tw nt'ari continis. instnifted in yipltl nntliintc No. 50. Se( UKTARY jMoNROh' TO THE AMERICAN CoMMI.SSIONEK.S KOR TREATING FOR PEACE WITH CtREAT BrITAIN. Department of State, March 22. 1814. (i(;ntleinen: Should a treaty be concluded with (ireat Britain , and a reciprocal restitution of territory be agreed on, you will have it in recollection that the United States had in their possession, at the commencement of the war, a post at the mouth of the river- 15 Columbia, which commanded the river, which ought to be comprised in the stipulation, should the possession have been wrested from us during the war. On no pretext can the British government set up a claim to territory south of the northern boundary of the United States. It is not beheved that they have any claim whatever 20 to territory on the Pacific ocean. You will, however, be careful, should a definition of boundary be attempted, not to countenaiic. in any manner, or in any quarter, a pretension in the British (iovernraent to territory south of tliat line. .limes Monroe. itfrlin, printed by It. v. Dkckkh. printer to tlu- coiirt of His M^ie8ty thf Kinn vf Prussia. 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