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Ulniivn I Ifnimdnry . if hit m I' M ■ ■ M l Thayer* * Cii'j- Itttfi . liiu-irin «^ :^ 9h. ^■i-' t/* * -fc.. \ .A' 50 '^ -A 13 M) rifr, oKi:(.M)\ (iiKr^Tio.v s U Ji S 'r A N C I : OK A I.ECTIMIE HKFOUK TIIK MiaiCANTIll'; [.llilMlfV ASSOCIATION D E L I V i: R i: I) J A N I A R Y 2 2, 1 b 4 o , I'.Y WILLIAM ^Tl UCilS. BOS T O N : JORDAN, SWIFT *JL WfLEY. No. V^l >\'nsliinjrtht ol settleiiient, witliin t('i\ leagues of the sea. north ot" lati- tude .Vl-^ 10' ; and the coiitro\ersy lor what remains is now between (ireat Britain and ourselves. It is necessary, at the outset, to understand distinct- ly what is the question really at issue between CJreal l]ritain and the rnit(>d States in regard to this tcrri- t-ory. It is not a (juestion of /losilirc, l)ut of rchaivc riL'lits. Not whether either party have cA'clusicc terri- torial rights — for the steps that have already been taken, by mutual consent, amount clearly to an admis- sion by each that the other has some rights — but it is the extent of these rights and the manner in which they sliall be delincd, that remain to be adjusted and settled. Jt mav be well, too, to iiave a clear understandino- of what is meant bv the expression '-whole territorv of Oregon." when used in common parlance, iind to fix in your minds the position of certain ])rominent points that will be often referred to in course of my remarks. The territory in disjjute is the whole country West of the llocky Mountains, lynig between the latitudes of 42^^ and o'l- 40 North, and couse(|uently bounded by tli«^ llocky Alountaiiis on the Kast, the racilic Ocean on the West, tlic .Northern linnts of Califor- ma in L;it. iJ" on tlie South, and the Southern hunts of the Jiussiaii j)ossessions m America in Lat. 54- \\y on the \orth — tliu< extending 7(>0 miles from Nortli to South, and averaging about oOO miles from Kast to West, and inclu(hnir some .>(J0,0()0 s(iuare o miles. riu' mouth ot" the '• Columbia liiver '' lies .1 l(\v miles North of tlio 'KUli parallel of hititiulo. In Us coursi^ this rivor receives many tribitary streams, both Irom the North and the South, and, about oOO miles from it< mouth, is divided into two larije briuulies. one tendin<; towards the North-East, and the other South-East ; the former extendinij; nearly to the Northern limit ot" the Oreiion 'J'erritory, nt the base of the Rockv Mountains, and the other (juitc to iis Southern boundary ; thus drainiuix nearly all the inlnlor of the territory, and a considerable portion of it that lies nearer to the sea. The entrance to tlie '• Strait of Juan de Euca" is in Lat. MP oiV, and it runs Northward and Eastw'ard about TiO miles. -' Nootka Sound"" is in Lat. M)- .'H)^ on the South- western side of Quadra and Vancouver's Island. If these facts are kc^pt in mind, frecjuent rei)etition of them may hv. onutted. Not to occuj)y more time than is necessary, I pass bv those earlv voyages in the North Pacific, the accounts of which contain a mixture of truth and hction, but must take you back to the latter ])art of the last century, at which time it is admitted that Spanish uaviL^itors discovered, and anchored in, Nootka Sound, and ex|)lored the coast from California to th(^ present Russian boundary, prior to the Xorth- eru \ Ovasje of the celebrated IJritish naviifator. Cap- tain Cook, and beforv; tiie navierio(l. did not })ermit the discoveries of her navigators lo be made public, and (Jreat liritain had therefore uppan nt ground for claiming (as she did claim) the discovery of [\ootka Sound for Capt.'un Cook : and the events which i'oilowed, occasioned in |>art by this allcdged discovery, brought about the arrangement between Great Britain and Spain, of which 1 proceed to give an account. Immediately after the publication of Cook's Voyage, which was dtdayed till the beginning of 17i;5, Nootka S(nmd became the common resort of vessels of diller- ent nations, engaged in the fur trade. In 17 J!!!, a Mr. Mears. an lOnglishman, whoconnnanded a trading ves^o] from INlacao. allcdged to belong to British .subjects though under Portuguese colors, built a small vessel at '' Friendly Cove,"' a snug harl)or within the Sound : and the residence, in a hut on shore, of the persons (;iii|)lo\ cd ill Ijuildiiig this vessel, was the ibiin- datioii ol" tlie Biitisli chiini to a settlement i)rior to that inad(> hy tlu' Sj)aiiiards, on the snine spt^t, the lollow- uiir \ear. In May 17!'.I>, two public .S])anish ships, under conunimd ol' Don Ksteban iMartinez, arrived in I'ricndiv Cove and inunediately tooiv iornial {)Ossess- lon of the whole surrounding country as Spanish terri- tory. Shorllv alter, Ahutinez captured two oi'Mears' vessels tor alledued infraction of the Colonial laws ot" Spain. iMcars inunediately [ii)pcaled to the British (lovcriiuient, and his exaggerated statement caused nrcat excitement m ihirope ; and these j)roceedings iiiiv(> rise to the famous " Nootka question," as it was then calie(L tliist in 17U(> came very near involvini>; llnrope \n war, for which great })reparations, at an nmnense expen>e, were made both by Great Britain and Spain. War, however, was averted by a conven- tion ma(U' in October 171)0, b) which Spain agr(;ed to (•ompensate Mears, who received S2 10,000, thoug;> the actual damage he sustained wcjuld have been aiiiplv compensated by a tenth part of that sum. ijiit til!' most important feature of this convention, at the pr(\-ent time, is one of th(^ j)rovisions of the 3d Article, upon which (ireat Britain now relies as one of the St roll Li" point < in su|)port of her claim to equal rights witli llie liiited Stales in the " Oregon Territory."' In this .nt Article •• it is ag.'ced that their resj)ectivc subjects sliajl not be disturbed or molested, either in navii»atini>- or carrvinu' on their fisheries, in the Pacilic Ocean or in the South Seas, or in landing on the coasts of those s(;as in places not already occupied, l'(»r tlH> purpose of carrying on dicir commerce whh 8 «■ the iijitives of tlio coninrv, or if I' iiKtkinir scttlrmtnts there.'' \ must ask voiir jmrticular nttrMition to this stipulation, as (jreat liritain relics upon it for resisting our claim to the exclusive possession olany portion of OrcLion as derived from Spain: and it should be remembered that at this j)eriod we liad no claim wliat- ever to nny territory \\ est of the Hocky Mountains, but sul)S(Mjuentlv obtiiiued all that S|>ain was then entitled to. In IVIay 171' J, Captain iJobert (iray, in the ship < 'ohnnbia of Hoston, discovered and (Mitered a ^reat river, near the l^at. of 4(P North, up which he proceeded about '20 miles, and to which he gave the name of hisshij), ctdling it " Columbia lliver," a name that is ireuerally still retained, and which ought, and I trust will l)e retained, th(^ugh attempts have been made to change it to " Oregon Hiver." JVe certainly ought to retain a name that tends to confirni the fact of its discovery l)y one of our own citizens — a fact that has been denied by some British diplomatists. \ aucouver, a distinguished British navigator, who was engaged in surveying the Northwest coast of America at the time tiio river was (hscoverinl bv Gray, designates it, upon liis chart of the coast, "Columbia River;'" thereby doing justice to Gray, and admitting his claim to the discovery. Captain Cray, in the sunnner of ITDl, discovered what he then conjectured to be the mouth of a river; but no certain discovery had becMi made, and no ves- sel had ever entered the river [)rior to the entry of tlie Columbia in 171i2; (iiul litis Is one i^ round of our pre- sent claim to the territori/. The discovery of Captain Gray excited httle attention in this country for some HH r ^ 9 \<-.'irs jif'tcr it wa>' injide, because*, as I liav(> bolore iciiiarktMl. we had then no claim to any tcrritorv West ul'tlic |{(>cky Mountains. In IflO;} wo ac(|uired liOU- isiaua, the Nortliwestern boundary of which had never been clearly (l(>fined, and we maintained that it extended in that direction to the shores of tln^ Pacific. At the sunii-cstion of ]\Ir. Jetlerson, then J^resident of tlie l-nited Mates, C'onuress authorised him to send out suitable persons to r.\j>lorc the country t(j the Pacific; and in iMay IJU)'!., Lewis and Clark started uj)f.' their well known exjjedition across the Conti- nent. lu Octoix'r 1 .'), after crossing the IJocky i\[oun- tains, they came to one of the upper branches of the •■ Columi)ia,'' upon which they endjarked in canoes and reacluMl the Pacific Ocean in course of the fol- lowing month. They renniined at the mouth of the ( olumbia (lurinif the winter of ]»)0o-(), and re-cross- niLT the ( 'ontin(>nt, arrived in the United States in >t'pTend)er lilOtl. 77/'.v wai^ t'lr first exploration of any fnuNi It ill' tli( "■ Cohintbur from the interior ,o theoeean, and is onf of the tsrounds upon irliick we rest our e/aini. In l)■"' : but there is no evidence that any British subject wa- upon eith(M- br<\nch of the Columbia pre- vious to l!ll 1, in which year a Mr. 'rhomj)son. in the serv'ue of the Hntish Northwest Comj)any, camo down to the mouth of that river and found it in pos- session of American citizens, who had recentlv arrived 10 p thcro froiu tlio I'nitod Slutc^, to estnl)lisli a settlement. This sutllcmcnt was projected by John .). Astor of Now York, who in 1!-1(» lilted ont the ship Ton([nin, for the j)nri)'>^e of loundiiig- it. i h;id a iiood deal of corrcspondentx^ npon thissuhjeet at that time with Mr. Astor, who ollered me an interest in the eoncer.'i, and invited mv. to take connnand of the expedition by sea, whicli I declined. The shif) arrived at the montli of the Columbia in iMnrch I!'.!!, and founded the first settlement made l)y civilized peophi upon the Colum- bia lliver; and ilils is anollu r i:nnni(l of our prcst nt claim. The nndertakinii j)r(>ved highly disastrous, ;tnd it was fortiin:ite for me that I did not accej)t the j)roposal of Air. Astor; for altlioniih my exi)erienco miiiht have averted one jireat misfortune, yet the want of success was mainly owinu' to causes that could not ha\e IxM'ii foreseen or ijiiarded aaainst. The particu- lars of this ill-fated exj)edition may be found in Wasli- mu'ton lrvin,!i-'s "Astoria;" and as his mauical pen imparts a deep interest to every subject that it touches, those of you who have not read the work cannot fail tr> be hiuiily oratilied by its perusal. The particular mis!()rtune to whicli 1 allude as oiKi tliat miu'ht have been avoided, was the destruction of the ship Toncjuin iuid all her crew. She was conuuauded by Mr. 'j'horiie. who was or had been, I believe, an officer m ihe Navv, but wholly nnac([uaiiited with the North- west Coast or wilh the Indian character. At the retiuest of Mr. Astor I engaged for him, to go as chief mute of tlie ship, a younii' man belonifini*- to lioxbury, who had previouslv b(>en several times uj)on the coast; but h(^ was unfortunately lost, with a boat's crew, ■ II upon the liar at the entrance of the •' Cohnnhia."" upon the liot arrival of the .parture of tlie Toncfuin from New Y'ork. Mr. Astor despatcluHl another party over land for th(; (Johimhia, under tiie command of Mr. Wilson 1*. Hunt: the survivors of which, after sullering ahnost incredihle hardsini)s, reached "Astoria" (for so the estahhshment at tlie mouth of tlie Cohmihia was called) in the spring of HHi. I^arly in IDlo, tlie |)arty at Astoria received news of the war between the United States and (ireat Britain, and in December of that vear the British Sloop-of-war Bacoor arrived at tlie month of tile Columbia and captured the fort and set- tlement. A feu weeks previous to this occurrence, and in apprehension of it, tliose in charge ot' the establishment had sold their whole stock of furs and merchandise to the agents of the Briti-h Northwest Conipany for the sum of ,s' UMKIO, and taken pa\nient in bills n[)on Montreal; so that Captain Black, ol' the Bacoon. got (Jiilv the empty honor of capturing a defenc(>less and unresisting fort. The gallant captain was greatlv incensed at the loss of his expected booty, and is said to have exclaimed — with some coarseness of expression — that '• it Wiis a \ aiikee trick I '' 'rh(> fir-t article ol" the Treaty of i'eace between the I'nitcd States and (ireat iiritain, concluded at n (Jlieiit in December Utl V, j^tipulated '^ that all terri- tory, })lace.s and possessions whatsoever, tak(!ii by eitlier i)arty i'roni the otlu^r duriii«^^ or after tlic war, except certain Islands in the Atlantic claimed by both, should be restored without delay."' Tnder this stii)U- lation '' Astoria," the |)ort at the mouth of the Colum- bia, was, in due form, delivered by the British ;uith(.)r- ities to Mr. Prevost, th(> ajzent of the Inited States appointed to receive it. The act of delivery is as follows : — " In obedience to the commands of his lloyal llijrh- ness the J^rince Iteireiit, siirnilied in a despatch from die Jiiiiht Honorable the Earl Bathurst, acklressed to the partners or aoeiits of tiie Northwest Comi)any, beariii'r date the 27th of .Januarv, I!!l}{, and in obc- dience to a subs(H|uent order, dated the JCitli ot Jul} , h-om W. II. Shcrilf Es(i., C"a|)tai!i of his Majesty's Ship Andromache, we, die undersioned, do, in con- lormity to the 1st Article of die Treaty of Cihent, restore to the Covernmeiit of the Lnited States, throuoh its agent, J. B. I'revost Kscp, the settlement of Fort (jeoruc, on the ( olumbia IJiver. — (iiven under our hands, in triplicate, at Fort George, (Co- lumbia Uiver) diis (Uh day of October, 1»18. F. iJicKKv, Citpt. of H. M. Ship Blossom, J. kEiTii, of tlit Norllncest Coiiqiaiti//'' To which Mr. Prevost. returned diis acceptance : — " 1 do hereby ajkiiowledge to have this day re- ceived, ill behalf of the (iovernment of the United States, die possession of the setdement designated I 1 ahuvo. ill contMriuity to the l^t Article of tlio Treaty (>r (ilicnt. — (liven under my IkukI. in tripliciite. at I'ori (ieoriie, (Columbia Kiver) tliirf tJih ol" OctoUor, nil;:. .). I). Vki.\{):^\, -hriil for l/i(. I iiilcd Sidles." Ill till- iraMsCer the pliicc is desiunatcd as "Fori deoriie," that beiii^ tlu; name bestowed upon it by Captain lihu k of the i^acoon, at th(; time of strikinif ilie Ainerican and hoisting the British ila^'. 77ull)urM and Itobinson, on the part of (ireat Dritain. These Commissioners aureed in takiiiii the parallel of U)^ as the boundary line from tiie l.ake of the Woods to the Hocky Mountains, as it now stands, and a ))roposition was made by Messrs. Iiush ;ind (lallatin to continue the same to the l*acific Ocean, as between the contractinii' parties, with a res- ervation as to the rights of other claimants, having reference doubtless to the claims of Spain and Kussia, at that time. This was declined by the British Com- mis>ion(!rs. and the neootiatiou, upon this point, ended 111 the iVdIowiiig stipulation, which is the M Article of the Convention of Kilo. •• It is ai:reed that any country that may be claimed b\ either party on the iSorthwest ( <.)ast ol" America, H vvcytward of the Stony Mountains, sliall, tofrothcr uUli Its harbors, bays and creeks, iuid tlic naviijation of all rivers within the same, be ih^c and open tbr tlu^ term of ten years, Irom the date ol" the siniiaturc; of the present Convention, to tiie vessels, citizens and sub- jects, of the two Powers: it beinn- well understood that this airreement is not to be construed to the j)r<'jii(lico of any claim which either of the two hiirh contractinir parties may have to any j)art of the said countrv, n(ir shall it be taken to allect the claims of any other Power or State to any |)art of the said country; the ojil) object of ih(! hiiih contractinP UV was a-rcrd ujjon as the boundary, (coiitrollino- the riniit of mak- ing settlements.) b,>tweeii terntorv claimed bv the contracting j)arties upon the AOrtiiwest Coast of the American Continent. W V- havin- succeeded to all the nohts of Spain, and the claims of Russia beinir adjusted, the claimants — as before remarked — to territory west of the Rocky Mountains, Ivin- between the parallels of 42o and 0404.CK, were reduced to two, VIZ. : the Cnitcd States and Great iiritain. 15 ■thor witli ion of all the torin ■(! of the iuid sub- tood that [)r('jiulic(j iitractind — to tctwccn to two, Prior to tiio (Convention with Rnssia in \\\1\ a proposition was made hy the American envoys at London and St. l*(^tersi)ur;j, for a joint Convention to settle the claims of the three Powers — Hiissia, Clrcat l»ritain, and the I nited States — to territory West of tlie liockv .Mountains; hut the j)roposition was de- elined hy (in>at IJritain and Russia; each preferring' to iieuoeiatc with us and eacii other separately. In \\\l\ annthrr atteiii|)t at negotiation ujioii this suhjeet was made at London, l)y Air. IJush in hehalf of th(! I nited Sta!(\-, and Messrs. lluskisson and Stratl"ord ( amiiiiii <»n the part of Great Rritain, which failed. 'I'licrc is reason to helieve that this failure may he ascrihed in part to the dissatisfaction manifi'sted in l^iirope al lln' extraordinary declaration made hy J^r(\si- d(iit Monroe. Ill his annual message to (Joiii,n-ess in J)e('i'inlM'r li'.j.5, •• that henceforth the American Con- timius are not to he considered as subjects for coloni- zation 1)\ an\ Liiropean Power"' — a declaration, per- haps, at tliat tunc, savoriiii;- UKjre of patriotism than of wiMlnin. .\tar the close of l<>i() iK^^i'ocititions were auai'i coininciiccd at London betwei;!! ATr. (Jallatin, on the part ot' the L nited States, and Alessrs. llus- kis-dii and Addiiiiiton on the part of CJreat Pritain, wliicli contiiiui'd till August l'>27, without eH'cctiiii*- a stMtlemeiit of tli(! ([iiestion, but resulted in an agree- ment to continue \\\v 'o(\ Article of the Convention ot loir, tnr an indelinite time: either parly, howcn'er, beiiiLT at lilxrtv to abrogate and annul it by giving twelve months notice to the other j)arty at any time after iUth October 11528, when the Convention of 16 ri loll! would expuv 1)\ its own limitation. And this is the present state ottlie (|iiestion. Ill all tliese neuotiatioiis our ( "oinniissioners iijive unirorinlv proposed the parallel of VJ to the shores of the I'acitic Ocean, as the houndarv hetweeii the terri- tories of (ire'at IJritaui and the I'nited States. WCst of the llocky Mountains. The hritish ('oinniissioners oH'cred to take this houndarv aeross these mountains, and West of them untd it intersected the upper hraii(di of the Columhia, thenc(Mo continue the houndary liii«' alonu the middle of this hranch to the main stream, and down that to the I'acitic Ocean ; the I nited States to possess all South and J%ast and (in'at llritain all North and West of it. — the iiaviuation ol" the river to remain open and I'ree to hoth parties. The American Commissioners declined yit'ldiuu' to (Ireat Hritaiu (iiii/ ttriilorij South of l!' \ hut ATr. Oallatin. in l.'ljl), pro- posed "that it' the said line (the j)arallel ol' iD ) should cross any of the hranehes of the ('oluiid)ia at points from which they are naviuahle hy boats lo the main stream, the navigation of such hranehes. and of the main stream, should he perpetualK free and common to tlie peo])le of both nations."" 'I'his proposition was rejected l)y the British; hut tiiev e.\pr(>ssed their will- ingness to yield to the luited SiiUcs the whole t(>rri- tory lying North of t!ie Columhia as far as the Straits of .hian de Fuca, and Fast from the Pacilic to Admi- ralty Inlet. The liriti pcrrcivcd, that tlirouirlioiit tlicsc? negotiations, vvc have clainicMl tlio cxrlnsive possession South ot* 49*^, — ollerinuf to (irciit Britain, conditiunalhi^ the riiiht to niivJLnite a j)nrt of the Columbia witliin that hniit. (iroat [Britain on the contrary disclaims any preten- sions to c.rrhtsirp sovereiirnty over any portion of the ttrntory hctwcen 49^ and 'iJ^, but insists uj)on a ri^ht (iC joint occu[)ancv and of making settlements in anv part of it not already occu|)ied ; a right admitted by Sj),iin in the ( 'oiiventioii of 1790, and at present scciifcd to her bv the Md Article of the Convention of jilj!!. and one which she has already exercised to a considerable <>\t(Mit. A piirt of these claims shi' has boon willing To rrliiH|uish. and \V(> hav(^ insisted upon her rrlin(|iiisliini>- th(> whole ; and thus th(^ matter sttinds. riic grounds of our claim are thus suuuued up by ,\lr. (iri'enho\v, from wliose very al)l(^ Memoir. j»re- pnrod for the use of Congress in lll'iO, I have taken somi' lact> : — '-the hrst discov(>ry and entrance into tl!( Coliimbiii. by ("aptain Gray, in 1792 — the first <'\p|oiation from its source to its mouth by Lewis and Chirk in IJ'.d.j — the first settlement Uj)on any portion <»f Its bordrrs miide by Mr. Astor's party at Astoria in ll'll — tli(> unconditional restoration ol' this jiost. which was cnpturcd by (Jreat J3ritain during tlu^ war. and restored under the 1st Article of the Treaty of Client, therebv virtually recognizing the territorial riuht of the United States — the acciuisitioii by the r lilted States, under the Florida trc^aty, in 1819, of all the titles of Spain, which titles were derived from the discovery and exploration of the regions in ques- )* 1« !..! tioii, In Spanish n;i\ luators. Ix.-foro tlu'V had been seen bv the people of aiiv other civili/.ed nation — and, luj^tlv, upoji the iironiul ol co^itiixuinj — we alr(.'adv possessing the territory up {a its Kastern boundar\ .*" Great Britain resists our ehiinis. and maintains her own, bv denviu^- the (hscovery of the mouth of the Columbia to Captain Gray in 171)2, and claimiuii' it for one of her own naviirators, ]\lr. jAIears, in 17!i!!, four years before the alledued discovery of (J raw* She asserts, too, that some of her subjects, then in the service of tlie British .Northwest Company, e.\i)lored a part ol" this river, and formed establishments upon its borders, iihout (he samr lliiu that similar acts were done by citizens of the United States. She insists that the restoration of " Astoria," even if made without r(^^er- vation, which is denied, amounts onlv to an admission of our co-ordinate riirht to nuike, and n^tain, settle- ments within the limits of the disputed territory ; a nglit which she has never (juestioned. She admits V lli'ci'tii, a ^I'-aiiisli iia\l2al-'. a 1,1, ili" ji, •ad-land, or |ir(MM.>nl(i|-v, to whicli 111" iravi." tlir luunc nt'Capo St. Hoc, or l{ni|ui-. and ininicdiatciv boiith of it an opcniiiu, wliicli he ronjo-lun-il to lie tlir ciitrancc ol'a Ku.T, and rallfd i! tlic -'nivcr Sr. Hor." || is, r.i say llir Ira.M. cvtra- ordinan tluii an_\ mmc -Iniuid claim the di-.-ci(V(r\ of die •• ( 'nlninliia,"' or any utile;- Hiwr in its iici-liliurliood. \\w .Mcars. after readiiiL' his own joiinial ofhis Voyage. |iiili|is|ied in l,oiidon in I7!U. I'roni this jonrn.al II :ain at the liiiu; this treaty was made, hut maintains dial e(|ual participation in all these riolits had heen secured to (ireat Dritaiu hy tlie od Article of the Convention of 171)0, commonly called tho " Nootka Convention." Tiie (Jovernnieiit of the United States aver ihat the stipulations in this ;>d Article were ahro- galed hv the declaration of war l)y Spain against (ireat Britain in ITDO. 'J'he Jiritish deny that such was the ellect of the \.ar. hut assert, that, even ii' it wrre so, the treaty of |)eace Jietwecn Spain and (ircuit lintaiii in liii'l virtually renewed or revived those stipulations, and insist that they are now in full force. In course r»l' the ncgociation in 1()2G, Messrs. Iluskis- son and Addini^ton presented the following summary of the pretensions of Croat Britain. — "Croat Hri- laiu claims no exclusive sovereignty over any |)ortioii of thr States, leaving the riuht of exclusive dominion in ahnjance ; 'x\\(\ her pretensions tend to the mere maintenance of her o\\ n nulits. lu resistance to the exclusive cliaractcr of the pre1eu>ioiis ot' the I'nitod States."' •• The riiihts of Cr(;at Britain are recorded and de- Jiiied III tin Convention of 1790; they embrace the riszht to navigate the waters of those C(n.. 'tries, to settle in and over any part of them, and to trade with the inhabitants and occu[)iers of the same. These rights have been peaceably exercised ever since the 20 ■ I. ft i| i"; (late of that Convention ; that is, tor a period of nearly forty years. Under that Convention vahiable British interests have <2:rown up in those countries. It is ad- mitted that tile I'nited States possess the same riijjhts, althouiih they have been exercised by them onlv in a single instance, and have not, since the vear 1M13, been exercised at all ; but beyond those rights, they possess none." ^- In the interior of the territory in (|uestion. the subjects of Great Britain have h:ul, for nianv vears, numerous settlements iind trading-posts; several of these posts are on the tributary streams of the Colum- bia; several upon the Cohuubia itself; sonu- to the northwiird and others to the southward of that river; and they navigate the Columbia as the soh' channel tor the conveyance ot their produce to th(> IJritish stations nearest the sini. and for the shipment of it from thence to Cireat Britain. It is also bv the Co- luiid)ia and its tributary streams thnt these posts and settlements recoived their annual supplies from (ireat Ihitain." '• To the interests and establishments w Inch Hritish industry and enterprise have created, (ireat liritain owes protection : that protection will hv gi\('n, both as regards settlement and livedom of trach; and navi- gation, with every attention not to infriui^e the co- orrlinate rights of the Cmt(>d States; it being the desu-e of th(^ British (iovermnent. so loni: as the joint occtipatirif ronlinuf's, to regulate its own obligations by the same rules which govern the obligations of every other occui>ying party." Some of die objections made by the British Corn- 2\ of nearly Ic British It is ad- ic riiihts, only in a 'ar HI 13, lits, they tion. the !iy years, 'veral of" ■ Coluin- le to the it river : channel > British ['lit of it the ( o- '^sts and n (ireat I Hritish I Britain •n, hoth rid navi- the co- ■in^ the /ir joint tions by ►f every h Com- iiii<-ioners to onr claims to tlu r.rclHsliw possession of the w hole territory cannot be easily and satisfactorily aiHWf'r^MJ. and some of th(Mr objections are niifounded or frivolous, the mere skirmishin*^' of diplomac), and unwoiiliv of hiiih-minded diplomatists: bnt it nuist, I think, be evident to any one who looks carefully and impartially into tin? whoh.' matter, that sonir of the preteiisions of each |)arty are, to say the least. j)lausi- ble : and that accordino- to the rules establi bed amoni^r civili/cd nations in similar cases, each has some rights which should be adjusted and settled by comj)romise and mutual concession. How oui>in this ([uestion to be srtllfd. and bow is it likely to be sc^ttk'd : To iuiswer these iutjuiries nnderstandiiiiily it is ne'cessary to look at the objects which the r(>spectiv(> parties probably hav»* in view by the ac(iuisition of teirilory west of the llocky Mountains. It seems to me appar- ent that (ireat Hritain wants it only as an extended iiel.l (.1 action for her <2-re;it hnntinii- and liir-tradini^ corporiitKiii. the "• Hudson Hay Company.*' Thus lai. with out e.\c(^ption. |)erhai)s. she has mali ( Oinmissioiiers. speak of the importaiuM^ o( th<' free iiaviiiation of tIk^ Columbia |{iv(>r onl\ with retcrcnce to the establishments of the lliid-on Ibiy (oiiipaiiv. In fact. b\ existinu' laws of (ireat liritain, Hritisli subjects, except .-ervaiits of this Company, an^ \irtu;',llv exelud(Hl from the whojt; territory. Sinre the la-t iieaociation in 1827, it has become evident that the country South of ilV^ is nnu;h less 22 1 valuable for the purpose of procuring furs tlian it was supj)oso{l to be at tliat time. TJie fnr-bearin(T animals are not so abundant as tlicy arc furtber JNortb, and tbe eniplovnunit of procuring furs — unlike most otber pursuits — being a work of destruction ratber tban of pro(lu('ti(^n, its success destroys its })ermanency ; and tliis result iias already, to some extent, b<>en realised by tli(^ lludsou Day Company. Tbe im|)()rtance and value of tbe fur business West of tbe llocky Moun- tains and Soutb of V,)- is irreativ overratcMl. Mr. Wvetli, a gentleman of intelligenc(! wbo now resides in tbe niMiiliboriuf; town of ("ambridnc bas, since 1(;. (>.\cee(l tbe siun of slO.OOO. And it seems bighl\ probable that th(^ iJritisb ( iovernnuMit, waiUiiig tbe country mainly for its furs, would be more willing to yield the portion of it 1\ inii' Soutb of •i9- at the j)reseiit time than they were in 1!!J7. Our (ioverniiH'iit. on the contrary, seek the ac(|ui- sition of the region WV.-t of th(3 i{ocky Aioiwitains as an (wtcMisioii of tiie territory of the I'nited Stat(>s, to l)(> us(hI hereafter \u the same manner as any otber ])orti(»n of our territory — for tb(3 forumtion of ?iew States; and for this purpose tb(} country Soutb of tbe 49tb })arallel of latitude is most conveniently situated. Being the portion best adapted to agricultural and 23 n it was animals )rtli, and )st other * than of cy ; and realised nee and Moun- (1. Mr. r resides Ls, since ross the licni tor horonijh lence in the nett IV, Iron I 'd limits, 0. And 'rmiient, ,()iild be V)lltll of (' n('(|Ui- iitniiis as ^tut(>s, to iiy otiier of ?ie\v th of the sitnatcd. nral and m.'iunfiictiinriu purposes, it mi^ht he reasonably ex- pected that we should 1)0 content with this (hvision : but I am not (juite sure that our Government will so readilv accede to it. The people of this country are both covetous and and)itious in reiiard to territorv. Tlu^y covet and arc readv to iriasp at all that lii.'S upon thcMr border.-, and are ambitious of extcudiiiu^ their em])ire from se.a to sea — from the shores of the Atlantic to the horders of the I'acitic. I do ?iot particij'ate in this ffclinii'. and have little svmpathv with those who cherish it. Settleiiieiils scattered over a vast extent of territory — very iikelv to he badiv lioveriied in time of peace, and certain to present remote^ and exposed points to he de- {'(MkUmI !n tnne of war — will not. in my helief. add to ttc' power or promote the prosperit\' of the I nited States. I'he h'ue policv of the country is tersely and forciiih- e\|ire-s('(| h\ that \('teran stafe-maii. Andrew .Jack-on. Ill a h tier to PresidiMit :\b)iiro(^: '^ Concen- trat(> oiir popnlatiuii. c(»iiline our frontier to proper hmit-, until our coiintrv. t<> tho-^e limits, is iiiled with a vieii-e pttpulatioii. It is the denseiie^s of our poi)U- laiion that 'lives streiiLilh and security to our frontier." I here can h.e liltle doubt that th(> couiilry in <|Mes1ioii w lil Ih- settled at no distant (la\ — probably bv the AuL'lo-S.ivou race — and \ve ma\ liiul ii ex[)e- dient lor a tint" to eviend over a portion of these settlers our ju-oiection tmd our laws; but he nmst ha\c a greater shan^ of credulity than has fallen to mv lot. who can believe that such |)opulatiou. when It shall have become ahle to i!;()V('rn and protect Itself, will submit to be governed by others, and 24 look to the shores of tlic Atlantic — some two or three thoiisiiiKi iiiiles th.-taiit — lor tlicir laws and iTiiuiaiioiis. The IJocky iMonntains, and the dreary deserts on either side, lorni a natnral harrier between dillcrent nations, rather liian a connectin*; link be- tween parts ot" the same nation ; and I care not how soon llicv inrni the boniulary between the United States, us tin ij note (in , and an in(le|)endent nation, coniprisinii: tiie iriio'r ol" u hat is now called the '■ Ter- ritory ol Oregon.' Such were the views of Mr. Jellerson. and whatever some may think of him as a jmliilcidii. lew are now disj)osL'(l to deny that he was a sauacions and far-sighted sunvsman. \\ riling to Ivlr. Astor, resj)eetnig his nndertaking, he says, " I consid- ered as a great public ac(|nisition the connnencement of a settlement on thai point of the \\ eslern coast of America, and looked forward with gratilication to the time when its descendants should have spread them- selves through the whoh' lenuth of that coast, covering it with Iree and inde|)endent .Americans, inicotUK rial irii/t us hut hi/ the tirs nf hluod (ind inttrcsl, and en|o\in!2 like us th(.' rights of sell-government.'' I will add. as my own views, that rather than have new States formed beyond the i^ocky Al(juntains, to be added to our j»resenl liiion. it woukl be a lesser evil, so far ;is that Ijiion is concerned, if the unoccu- jtied portion of the Oregon 'I'erritory should siidv into Symmes's Hole, leaving the \vestern base of those Mountains and the borders of the Pacihc 0.-:ean one and the same. I bit as this consummation — however devoutly it ma\ be wished — can hardly be expcjcted, 1 deem it very desirable that the <|uestion ot boundary 'j:> ) two or iws and le (Iroiiry between link l)e- not how United it nation, lie " Ter- ? of Mr. him as a lie ^vay a no- to Ivlr. ■ ] consid- encenient 1 eoa.>^t ot ion to the jad thein- , covering uonnccud I rest, and It." than have intains, to he a lesser e nnoccu- l sink into 13 ot' those )rx'an one — however e.\|)(!Cted, bonndary >li(iul(l he s))eedily iidiusted. and that the limits and th(> rights of eneli |)artv ho so rl(?arly estMblished and dctiiicd a< to prevent all daiiiier ol eollision horeatter. Ill this opinion I doiiht not tliai the distinunished statesmon. Messrs. Packenham and Calhonn, who now have rharirc ol' the neii(>eJatioiK will cordially concnr ; and it seem- lo me that each ])arty will attain their object, and nislic(> he done lo holli. by adoptinii; as the boii!idar\ a (■(»ii1iimati(.)ii of the parallel of U)^ acro.oii this point. The '• summary" j)re- sented by the Commissioners in loJ7, shows that the 2(; ColiimlMii was ihcii siipp' >ciil\ — naviiiiiblc cliiumrl of coin- iMiiiiic.'ilioii Ix'twccH tli('()c(Nm and i:i«».-t of tlir nu- nicions otalilislnncnis of the Ihh »n Hay ( oni[)any, Wrst (>r tlic IJorkv AloMMtains. W itliin a lew years j»a>l. however, several rncrs. of considerable nianni- Inde, Imve lieni explored Ironi the inl(M'ior to llie se;is nilo wlucli tli(!y empty. iNorth ol" Latitnde il)-. 'Vlicsc ar(! •• I'ra/er's l{i\i'r,"' \viiieli (lis(Mnl)oi;ii(!.s al)ont that i»arallel — the riv(>r called hy Harmon tlu; •• iXachaotlatain."" in ahont the Latitnde; oo^ — "• Simp- son's IJncr,"' a littl(> iNorth ol" l.atitndo .W' — and " Stickenc River." in ."Hi Ml, All these wonld Ix; witlnn the Ornish territory, or are so sitnated that tlio IJritisii. hv their Convention with Unssia, wonld liave the riuht of ji;ivii:atinu' liiein ; and thev wonld allbrd coiiveniont commnnication with most ol" their estah- lishmcMits North ol" 1!) ; and it" this adjustment should he made th(-y wc^dd retain none South of that line. I should he reluctani to cede to (Ireal iiritaiu the free iiaviuialioii of llu^ (\)lumhia. for there are serious ohjeclions to iii\ in:i to an\ nation the unlimited riiiht of nsiiii:- a narrow stream where it tlows wholly throuuh the territiiries of another. Kor obvious rea- sons, tlu' ( \erci.-e ot" such a riuhi nm>t eudauiier the hnrmouy and [)eace of l!n' parties; and. especiallv. at such a remote' pe/iin. would he a fruitful cause of jealou.-y. and \er\ iiis.elv to occasion colli>iou. Hut (ireat I Britain will not relincjuish the riiilit to the free naviiiatiou and u>e of the Mraits (_if Juan de Fnca if she retauis the terruory Nortii ot" 49-. The use of tlies(> Mraus would, in fact. i)e indi>peu>ahle to her, lor ihrouuh them is the onlv convenient access to a 27 >st roii\(Mi- 'I of colli- er the im- ( <»lllj)iUI\', r<'\v years ||iii- lor to fho tilde V,)^. cmboniie.s innoii iho — '' Simp- ^o^ — a Jul would l)(; 1 that tlio niUl Jiavc iild aliord 'ir cstal)- nt should that lino. I the free ' .'^eri(ju,s ted rii>ht ^ wholly oils rea- !i,iier the L'ially. at 'aiise of 11. l)Ut the Ih^o l-iica if u>e of to her, es.s to a eoiisiderahle |)ortioii ol lliis territory The Strait of .lii;iii de I'licM I- ahoui three leaij,iies wide at its eiilraiKc. uitliiii which llie width iiiereases. iNear its head ar(; iiuiiieroiis islands, and some of th(> liiiest harhnrs in the world. ••Admiralty Inlet"' branches rabl(! part of the Near almost inaccr' region drained bv th(^ ( 'olumbia and its branches — both that |»art of it which would fall to us in the pro- posed diMsioii. and a considerable ])ortion of that which would fall to (Ireat liritain, lym^ North of 19-. \ erv dilfer<'nt and coniiictiuii; re{)resentations have been made bv dilferent writers in regard to tlu^ jicn- eral asjtect ot" the whole territory, and its ada])tation to auricultuial [)Uipos(>s: some have describcnl it as a perfect paradise, while by others it has been re|)re- seined as wild and sterile. Accortliiiu' to my observa- tion Ixith have exaii^eraleil. Those who have |)aiiite(l its l). A Aleinoir, pre|)arcd by i\lr. \\ veth, a f(!W years since, at the recjuest of mm i I i i i ' !'i 28 a committoc of" ( /oiiiitpss, coiitiiins fho clonrpst mtuI mo.-t impMrtinI representation of the appearances and caj)al»ilities of tlie ronntn that I have met with. Sonth of the parallel of 'i!> , mar the horders of Ad- miralty Inlf't and I'nuct's Sound, nnd in the valley of the \Vallaininetle. or Miilliioiiudi IJivcr. which empties into th(^ ("oinmhia, and upon the hanks of which the principal settlements of emigrants from the United States liave l)e(Mi made, and in some otluM* places, the appearance of the country is attractive, the soil oood, and well adapted to auricidtural pnrj)oses : and so like- wise is the (Cistern side of (^)ne('ii Charlotte's Islands, and some other places Xorlh of 'll>\ lint I have neither <('cn nor he;ird of hinds in anv part of this ter- ritory diat arc superior to the nnllions upon millions of nncultivated acres within the limits of the Inited States, on this side tlic liocky .Mountains : and I doubt if those who an^ dissatistied with the state of things eastward of these mountains, will find their con(htion much improved by emiirration to the ( )reoon Territorv. 'rhey will find — as emigrants to a new and unsettled country have too often found — that •' 'Tis distance lends enchantment to the view." The climate, however, is altogether niildcM', and tiie winter less se\cre than in correspon(lini>- latitudes on this side the Continent, and more iiearlv resend)les the climate of Kuro])e. As ])roof of its imldness I may mention that 1 have passed seven winters between the latitudes of n]^ and oT --, ire(|uently Ivinir so near the shore as to have a small cable fast to the trees upon it, and only once was my .-nip surrounded by ice suf- ficiently firm to bear the weight of a man. I have thus endeavored to oive you the material jy ■;inc(^ Mild net with. rs (»r \(1- vallcy of I nnptirs \ liicli flio (' IJnitrd JiC{?s. the :oil uiood, I I so likc- - Islands, \. I liiive this tor- I niilhons I'nitod 1 I doubt )!" thiiii^s 'otiditiou V'rritory. Liiisottlod distance . and tlie itudes on nbles tlie -s I may veen the near the 368 upon ice sul- material I'ucts iM ri'lation to our claim to icrritorv West of tlie |{(»ck» Mnuiitiiiiis. and t(» the [n-cer\ ice ot" tli(^ Hudson Uav ( oinpain scattered from the mouth of the liiKiu;! j{i\(r. in Lat. '|.P .S(K, northward to the llu-sian border-. Oyer iIk'sc. h\' act of Parliament in Inj!l.(irea1 I5ritain extended the laws (»f Canada and the |nris(hcUon of her ( Oiirts, and authorized tlie ap[)ointment of the nece.-sarv otlic( rs lor executintr these laws and eidbrcinii; this jurisdiction. IJut this was done with express reservatif)n of all the rights secured lo tiie ( iiited States bv tin; Convention of llil;!. .ind no atieinj)t has cv('r Ixmmi maiU; by l>ritish authorities to i!it( rfere with American citizens in tliat «|narter. I lie \mericans are settled in the immediate^ \icmitv of the firitish establishments; in fact tlie pcopli^ oi' both mitioiis are in a manner miniiied together. The number of American setth^'s is on the increase, by continual innni^ratioji from \\u] States. 'I'hev hold th(.' lands upon which they settle only by tlie tenure of po-ses.-ion. and are Ln)verned only by such laws, or ren'ulation-. as ihe\ cl)(~>'»se to adopt. If the controversy about this territory is t(^ remam in abeyance, it ma\ be neces-sary for Congress to pass 1 r i' Si Li ' 15 ;!(> Iiius lor tlic ifovornjiMMil nf AmcncMti cilizcii-; rcsidiiin Witliiii It ; but liow such l;i\\> iirc to he cxrcutrd ciuuiot rciidilv be |)(I('('i\(mI, :iu(i what i-^ to be lh(M'csult of such ;ni nuoiiinlo.is >tatc of lliliiiis I will uot vi iiluni to predict. .\o .--troULici" prool' uccd be adductMJ of the iijnoraucc. or sojuctbiuii' Wdiv-c that has jucvailc'd ui)on this subject in our national councils, than the Tact that since I!! I!! repeated attempts hav(3 been made in ('oni;rcss — bills reported and debated — for C!Stai)lisliinu a territorial ifoveruinent. and exteiidiiin- the laws and jurisdiction ol'tlie I nited States over the irlioh '• 'IVrritory ot" Oregon. "" Such a measure would lia\(' been a i^ross violation of cxistina' treatv sti|)ida- tions, and frauLiht with all the conse(|uence-' of ;i hostile act against a trii^iidlv and powcrt'ul nation. 'J'he lir>t day ol the pr(>>eiit Session of ( 'ouoress, Dr. Dimcaii, a iiieiiiber from Ohio, nave notice of his int<'ntion to brina' lu :i bill lor takinu' immediate possession of th(; whole "Territory of Oregon." He sul)s(>(|uently introduced a bill lor this j)ur|)os(\ whicli was relerred to the ( 'oinmittecMipon the Territories, and by them amended and reported to the House, wher(> it was onh-red to be printed. This bill ju-o- vides tor tukinu' |)ossess!')n of the whole reuion W Cst of the iiocky Moujitains, from Lat. M- to.Vt^ 'l(K, and extendini>- over it our laws and jurisdiction. Can any man in hi-' ^ober senses believe that (ireat IJritain will stand tamely by and see such a measure carried out.- She \\i\< rep(\itedly chnmed and nuiintained rii>hts in this territory before the whole civilized world — she has enjoyed these riuhts. and exercised undis- turbed autiiority within the disputed limits, nearly half a century. Ilundreds of her subjects have settled, I ii< rcsidiiiii itcd ciiimol lo result of loi viiiliini l(l(lll(-(Hi of S )»l('Vilil(Ml i, than lli(! I»av(3 hccn latL'd — lor ('Xtciuliiin' 's over tlic sure would ity sti|)iila- iice-' of ;i latioii. ( 'oiiuress, notice of inniiediatc ion •)■> II c r)S(% whieli 'crritories, le House, s hill j)ro- iiiou W est j.vt^ My, ion. Can ■at IJritain re carried iiaiutained I zed \vorld ^'Cd uudis- learly half e settled, and arc now li\ uil; there under her laws. Is it )»roha- hii IS It within the -cope of po-sihilities — that ;i nation, that nuire tiian lirt\ \ear> aiio expended niil- lioiis (A dollar- in |He|»ariii'i to redre;- an alltMlned w roll.; done to one of her snhjects, under doiihtrni (•irciini-taiice-. and to regain a sinule spot, said to have heeii taken I'idiii that suhject at \ootka. within the 1erritor\ in (|nesti()n — is it po^-ihle. that with her pride and her power apparentlv nndiminished, sIk^ will now permit iIk ir/m/r territor\ to he taken possession ot, and her snhjeels eonipelled to snhniil to foreiiru authority, or ho lorrihly expelled from their homos, without <'\en a siriiiiuile : There is not tin; shadow of a, donht in ni\ mind that .-nch an attiMiipt — made and persisted in — would can^e an iniinediate rupture, and hriii^' on war hetwceii the two eoimtries as surely as if we were to lake |)ossessioii of tli(> island <»! .lamaica, or the cil) of Montreal. 'There are, I (kjiiht not, in some paiis of the Cnion. political aspirants and politi- cal dcmaLioLincs — men of desperate fortunes — who l)cli(iv<' that an\ chatiire woidd, to them, he for the heltcr. and therefore desire to provoki^ a war with (ireat llritain, rcidvless of coiise(|uences to the country so loiiif as their individual intcr(\~ts are ])roniote(I. IJiit I hope that the miiuhei ol">iich is small, and trust that their counsels will not he li>t(>ned to. This contro- \crsv ma\ easily he made the |)rete.\t for a war with (ireat l)riiain. if war is desired ; hut 1 repeat that it is eminently one to he s(^ttleil hv neuociation. If this cannot he done, let no other s1(«ps be taken at present, riio {{ritish have now a decided superiijrity in that (juarter. hut <'miiiratioii is constantly changing the rel- ativ<' situation of tlu^ parties in favor of the United States ; and u few years hence she will he better able .>^ to support licr pictcii-inu- hv loicc tiiiiii A\c is lit tlic i)ros«Mit time. Hut it is idle to -p(Nik of Inrco. A rosDi't to It can lUMcr he iu'C('s.-ar\-. Let tli<' Jihlo iio- ((•ociators. who iiow lia\<' this luattrr ,11 chariic, exani- iii(> it with rdrrciici^ .-olcl\ to its own merits. — rciianHc-s of the chiiuor- oi miioraiicc. or thr siinnos- tioii> of scllishii('«^s. — and let tliciii (h.-cuss it, with tho muiilv tVankiics^ and coiicihatorN sj)int that iiui(h'(l thcMhstiiiutiishcd (hploiiiatists wlio s<'tlh'(l the iVortli- (.'cistcrn houndarx. and it can scarccK fail to ho ad- justed to the sati>t'a('tion of a vast uiajority ot'the iiitol- lii)(>iit jxMjplc ol hoth natioii- r icrc is a third [)arl\ inlcrcstcd in this UKitt(>r, ol A\ honi I ha\(' not spoken, and who have iu)t l)eeji uientioned or e\('H alhided I0 111 the discussions au( neiiociations that ha\e hceii uoiii;: on. in I'ehitioii to this t(M'rLtor\. anioiiL! lour ci\ih/,ed nations, tor more than liltN \ear>. I In; claims ol' this party do not dejX'iid upon (li>co\ ('r\ . or e.\|>loratiou. or continuity, ])Ut ro^ upon actual. iiiiditor\ of t!ii> coniinent does not reach. lUit the>e claiiuaiit- are powerless, and lia\(' neither tieets nor anuic>- to luaintaiii their rights: and "lis not the practice i:ar(led. ate now di-rei^arded. and w ill. I Tear, cou- tiiiiie to he (liticewill he meted out to the rhristian destro\er and in- heathen \ictini — and tliat will he a wol'ul dav lor the white man. 10 is at the lorce. A lo al)l(^ 110- mc, o.xam- inorits. — \\v siii:o!i ssioiis and rohitioii to . Inr more tv do not 'oiuiuuitv, 'd posscss- n a j)oriod not roach, vo noithor lid 'tis not < to hston a Lies ami Troiii o!i(! hiMMi i\\f^- loar, coii- otrihntion lit to tlio - and that