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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'

Ills MA.IKSTY

WILLIAM I.

CKRMAN KMI'KHOH AND KIN(i OK IMUSSIA
AS ARBITRATOR

BY TIIK AMKKKAN I'LKNII'OTKN'IIAHY.

(tKOKUE hancroft.

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/<o. Of the sixteen inenibers of tlic Britisli
('al)lnct \vhi(rli framed and presented it for tlie acceptance of
the United States. Sir Robert Peel. Lord Aberdeen and all
the re.st but one, are no more. Tlie British minister at
Washington wlio signed it. is dead; of American statesmen
concerned in it, the minister at London, the President and
Vice-President, the Secretary of State and every one of tlie
President's constitutional advi.sers. except one, have jiassed
away. I alone remain, and after finishing the three -score
years and ten that are the days of our years, am selected l>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<led at Washington
on the l,')"' (.f ,huie. 1S4(1. hetween the United .States and
Her Hritannic .Majesty, it was stipulated that the line of l>«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<ni«li llu- middle of llif mihI rliMiiiicI Mini uC

Kiicns Straits, to llic Pacilic ( )c»'!iii». 'I'iic Hritisli (ioviTiuiifiit

clfiim tliat the walfr-liiic licrc rcli'rml to shoiilil nm llinmuli

!i imssntcc which tiicy have thoiiuiit proper to name the slniits

of Kosario. and wliieh the Tnited States, for the purpose of

this refereiK-e, permit to uo liy that name. The I'liited States

elaim that the water-line runs throuu'h the canal <le llaro.

'{"he ariiitrator is to sav linally and without appeal whicii of .\|ii..ii(lix f. I.

those t'hiims is most in accordance with the true mter-

pretatitm of tlie treaty of .Inne 1'). 1H4(). That is liie point

sulnnitted. and that alone: nothing more and nothinK less.

If the United States can hut prove their claim to lie

most in accordance with the true interpretation of the treaty.

♦ is agreed that the award shall lie in their favor: how nmch

more th<'n. if they prove that their int<'rpretation is the only

one wliich the treaty admits!

How THIS ni.SCrsSION WIM. HI': CONDIM TKl).

In conductiniu: this di.scussion I shall keep in mind that
the restoration of Iriondshij) hetween the two powers which
are at variance is the olijcct of the arlutration. Nothing that
has been written since the ratilications of the treaty wen-
exclianKP<l, c;ui alter its words, or aflecr its interpretation. 1
sliall therefore, for the pre.sont at least, decline to examine
all eomnmnications that may have taken place since tliat epoch,
except so lar as is necessary to explain why there is an ar-
hitratiou. and sliall thus gain the advantafr*' «f troatinji; the
subject as simply an investijfation for the ascertainment of
tmtli.

Since tin' intentio;: of the ne«:otiators nnist rest on the
knowledj<e in their possession at the time wlien the treaty
was made, I shall use tlie charts and explorations which have
advanced, or profess to have advanced our knowledge of the

(t —

coiintry in iincstion , and wliicli iirr nntt'riur in tliiit <liilr. ( >!'
sucli (*liai't.s I liavr luund six. nn<l six only : iinil (liuu^li tlicy
arc (tf ven unt(|niil value. y<l I'nr llic saki- of ini|mrliality
and (■((inplt'tt'nc.ss i present pliotojjrapliic copies t>r 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 <lep"oes north latitude "in length and ltn>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 ><rant<'d in 17!{2 lor (ipoixiJi: mid in i7(il (ii-oix*' HI.
offlcially dt'scrilwd lliat colony as cxtcndinvr l»y parallels of
latitude -westward in iireet lines« to the i'aciHe.

|.. 7. I. a!i-:ti.

THK SAMK lUII.K CONTIMilCl) IX TIIK TUK.VTY OK I'KACl-:

OK I7S2.
In tlie first eonveiition liet-veen the United States of A|i|MiMlix No I
America and (ireat Hritain. sijj^ned at Paris on tlie HO"' of N(t- ''

veini)er, 1782, the northern l»oiin<lary line of the United States
was earri«'d by the two powers throuj^h the ^reat Ujiper lakes
to the most north-western point of the lake of the ^Voods.
If from that point the line was to lie continued, the treaty,
adopting? the precedent of the past century of colonization and
foresiiadowiuK the rule of the future, pre.serilied »a due we.st
course".

The SAMK KUIiK AI'I'MKl) TO THE BOUXDAHY OK LOUISIANA.

By the treaty of April 30, 1803, Itetween the United Appemlix No .">.
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 ac<pti.sition of Louisiana the republic of America
and Great Britaui. as sovereign over the territory of Hudson
Bay, became neighbors still further to the west: and the two
powers took an early opj>ortunity 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 <il' tlic Woods-.

ApiiiiMlix N' li lliMl |><iiiit is iii'tir till' |i!ii"iillrl of r)0 ; tlic Ijiilfd Stiitt'.s con-

'' sciit<-*| to {III- |i;inill('l of 4'.) . Hill witli rcgtinl to the coii-

tiiniatioii <il' \\\v linr. while .Mr. Mntlisoii. tlic Anirrifan Srci-t-

.\|i|Miiili» N" 7. tarv of Staff, was dt'siioiis not to advance elaiins that eoidd

''■ ' ~ Im- •otVeiisi\e to Spaiii" . Imth iiarties, ado|itiiii; the words ol'

tlie tri-atv of 17^2. atfieed as lietwcen tlieiiiselves that the line

.\|ili.iiilix N •. li. shoidd jimeeed on that |ia.allel »in a dne west eoni'se" to
the Hocky nioiintains. In lM(l7 this a^n-enient wmdd iiave
lieen latilied: lint liie mantinie decrees of the Kniiiemr Napo-
leon, dated at Merlin and at .Milan, distnriied llic peace of
the oecaiis; and Orders in ( iiuncil of (i real Hritain. which
finally |iro\rikcd war with the I iiited States, interposed delay
When in ISl.') the terms of peace were to lie adjusted,
the American pleidpotentiaries were instrnctcd liy their j^os-
eri\meiit as to the nortii- western hoinidary. to consent to
no claim on the ]iart of (ireat Ih'itain to territory in that
ijuarter south of the 4'.)"' parallel of latitude: and they im-
plicitly ailhcicd to their instrnctions.

( cin\>'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<i delay for ton years the
continuance of tlie lionndarv line.

.\|i|irlillix N<

Thk UnITKI) StATK.S ACQIIUK IHK CLAIMS OF Sp,»IN
NOKTH (»F 42^.

The ocean chivalry of Spain were the first to explore
the northern coast of tlie Pacific. Hernando (fortes lie/ufln the
Work I'he straits of Fuca take their name from a Greek

iiMvij^iilor \vlii> 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><li

he did not enter, the inoiilh ol' 'h ■ river ()r«'xon. In 178!).

17!l(l. 171)1. Iielore a Mritish 'eel hid entered the straits ul"

Fnen. a succession oC Span. ;■ iiaviirator-. .Martine/ ami de

Iltiro, Kli/.a. Kidai^o. (i)iiini|)er. and uiliers. had explored and

drauM:hted charts of the i'dand >.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(piire<l in .N'orth America, north of the
parallel of 42 . and beyond that of 4!) .

Mk. HUSKISSON t>B.)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<l the Amer- '' '"

ican government to resume negotiations (attempted in vain
in 1824.) for settling the bomidary nj)on the north-west coast
of America.

.ft*

At that tiiiH' .loliii Quincv Adams was Prosidont of tlic
United States, witli Ilcnry Clay for Soeretary of Stato: and
tlir ncijotiation on the American side was conducted in Lon-
don by Alltert Gallatin. Reenforced as were the United
States of America by the titles of both France and Spain in
addition to their own claims from contiguity and discovery,
they remained true to their principle of moderation, and again
it was resolved iiot to uisist on the territory to the north of
.\,.l)eM(ii:c N„. 11. 41) ^vhich Spahi had ceded; and on the WV" of June, lH2fi,

I'"' • I

»in the spirit of concession and compromise, which he hoped

Great Britain wotdd recf)gnise and reciprocate" , Mr. (lay

authorized 3Ir. (ialiatin to propose "the extension of the line

on the parallel of 45) from the Stony mountains to the

Pacific ocean". "This", he wrote, »is our ultimatum, and

you may so announce it. We can consent to no line more

favorable to Great Britain". In the following August Mr. (lay

.X^peiidix N.I. !). i-ppoated to 31r. (Jallatin: »The President cannot consent that
p. 12. \. h — 7.

the boundary on the ncu'th - west coast shall l)e .scnuh of

forty -nine«.

On the 22'"' of November, im\, 31i-. Huskisson, one of
the Briti.sh plenipotentiaries, remarked on the straight line
proposed by the United States, that its cutting off the lower
part of Vancou\er island was (juite inadmissible. Here is the
first intimation of the boiuidary line of 45) to the Pacific,
with ju.st so nuu'h deilection as to leave the southern extrem-
ity of Vancouver island to (xi-eat Britain.

To this Mr. (ialiatin, nine days later, replied, that »to
the 4!)"' parallel the United States would adhere as a l)asis«.
Yet as it seemed to cut N'ancouver island in an inconvenient
manner, he had in view the exchange of that soutlieni extrem-
ity for an ecpiivalent north of 49^ on the mainland. Here
is the lirst intimation of tlie possibility, on the j)art of the
United .States, to vary from tlie line of 45) , but only .so far
a.s to yield to Great Britain the -southern extremity of Van-
couver island, in return l()r a f<dl etpuvalent.

Appendix Nil. 10.
p. 12.

Appendix Nn. 11,
p. IS.

But the interest of the Hudson Bay company was better
subserved by leaving the whole region open to the lur trade,
and the United States on their part had no motive for
hasteiung an a(],justment. The American envoy, therefoi-e, ui ('miMiuidn witu
1827 consented to prolong the treaty of 1818, yet with the ,;''iji27 " "*''*^
proviso tliat either party might abrogate it. fm giving notice
of twelve months to the other contracting party. Under this
convention the (juestion of jurisdiction and boundary remained
in abeyance for nearly sixteen years.

LoKD Abekdken and Mk. Evekktt discuss the nokth-

WESTEUN UOUNDAKY.

In October 1842, the British Foreign Secretary, the Appendix No. is.
Earl of Aberdeen, who through the agency of Lord Ashbm'ton j^-„ li^lis ,,. 15.
had just settled our nortli-eastern boundary from tlie lake of
the Woods to the Atlantic, expressed to Mr. Everett, then
American minister at London, a strong wish that he might
receive instructions to settle the l)oimdary between the two
countries on the Pacific ocean.

American emigrants had already l)egim to find their
way on foot acro.ss the continent. In 184ii a thousand emigrants,
armed men. women, and children, with wagons and cattle,
having asseml)led on the western frontier of Missouri, marched
across the plains and through the momitain passes to the fer-
tile valley of the Willamette in Oregon. The ability of Amer-
ica to enforce its rights by occupation grew with every
year. But its increashig power did not change its policy of
moderation, and to meet the wsh of Lord Aberdeen, on the
9"' of October, 1843, the government of the United States Appendix No. )(>
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".

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 glan<M'
at the map shows its im])ortance as a modification of
the 4*.)"' degree, x < « Kdward Everett.-

<3n the 2nd of February and on the 1st of April. 1H44.
Mr. E>ciett 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)<iiiiix No. 2J.

28"' of February, 1845, to impress u2)on Lord Aberdeen's mind l' - —

the persuasion that tlie utmost wliieh the United States can

(roncede is the 49"' parallel with tlie modification suggested,

taking always care to add that I had no autliority for saying

that even that modification would be agreed to«.

To one fact 1 particularly invoke the attention of the
Imperial arbitrator: not the least room for doubt was left by
Mr. Everett with regard to the extent of the modification
proposed. He had pointed it out to Lord Aberdeen
on the map, and had so often and so carefully directed his
attention to it, that there could be no misapi)rehension on the
limit of the proposed concession. Mr. Everett retired from
office in the ftdl persuasion that the north-western boundary
would l)e settled, whenever the United States would consent
so far to depart from the parallel of 4!) ' as to leave the whole
of Vancouver island to Great Britain.

The PAiMPiiLET OF Mr. Sturgis.

The subject attracted public attention. On the 'i'i'"* of Appendix No. 21
January, 1845, Mr. William Sturgis, a distinguished citizen of ''' " "''
the United States who had passed several years on the north-
west coast of America, delivered in Boston a lecture on what
was now generally called the Oregon question, in which,
hitting exactly the idea of Mr. Everett, he proposed as the
bovmdary: "a continuation of the parallel of 49° across
the Rocky mountains to tide -water, say to the middle of the
gulf of Georgia ; thence by the northernmost navigable passage
(not north of 49) to the sti-ait-s of Juan de Fuca, and down
the middle of these straits to the Pacific ocean; the navigation
of the gulf of Georgia and the straits of Fuca to be forever

A|)pfndix N(i.
11. 80. I. :;.

A|nii"mlix No
p. 2S. I. 7—

lice 1(1 l>()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-

— 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

p. ,>,-

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 naturalize<l in Great Appendix No. 3,^.

Britaui by act of Parhament, and much tmsted by both

Governments, wrote fi-om London: »The 49"' degree, to the

strait, giving Vancouver's Island to Gi-eat Bi'itain, is as much

as any American , be he Bostonian or C'aroUnian , will I think

consent to give up. If Great Britain is not satisfied with that,

let them have war if they want it«.

The British Government sought anxiously to know what p-SS. 1. 11. 12.
proposition the American Government would consent to i-eceive,
and the American Government proved its firmness by its mod-
eration. To protect the rights of the countiy. Congress
voted to give to Great Britain the twelve months notice re-
quired by treaty, for terminating the convention of 1827;
and thus open the region of the north-west to the progress of
American colonization. Meanwliile, on the 26"" of February,
1846, Mr. Buchanan answered, that the President would con- Appendix No. 37.
.sent to consult the Senate on the proposition, to divide the ''' ■ ■ ~ ■
territory between the two countries »by the 49"' parallel and
the straits of Fuca« , so that »the cape of Vancouver's island
would be surrendered to Great Britain*. This was exactly
the proposition of Mr. Everett.

On the 15"' of May, 1846, information of the notice Appendix No. 42.
for tenninating the convention of 1827 was received by the j ^^^ 24
British Ministry in London. For four years Lord Aberdeen
had been stiiving to close this question of boundary. He had
privately and publicly censured his subordmate , Mr. Paken-
ham, at Washington, for rejecting the parallel of forty-nine.

He had taken pains to learn what deviation irom that par-
allel, the United States might accept. The Secretary of State
for the United States, after minute inquiry concerning tl»e
prol)able vote of the Senate, Imd promised not at once tfj
reject the offer of the line proposed by Mr. Everett, and not
to listen to any demand for a larger concession. This had been
formally communicated to the British Government by Mr.
MacLane, the American Minister at London. And now, within

J). 40. 1. ii3— 27. two days after receiving news of the termination of tlie con-
vention of 1827, Lord Aberdeen held a lengthened conference
with Mr. MacLane, in which the nature of the proposition
he contemplated submitting for an amicable settlement of the
p. 47. 1.1 2. Oregon question "formed the subject of a fidl and free con-
versation". Mr. MacLane was a cahn and experienced statt',!-
man, trained in business, exact in his use of words, careful
especially in reporting wliat was said by others. Lord Aber-

AppcndixNo. 4:). dccu in the Hou.se of Lords publicly expressed his esteem for

p. r>i. 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

■i

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 <lefleetioii,
through thi; Straits of Fuea, to avoid cutting off the
south end of Vancouver's Island, x x When the line
reaches the channel whicJi separates Vancouver's Island from
the continent, it proceeds to the middle of the channel, and
thence, turning south, through the channel de Ilaro.
(wrongly Avritten Ai-ro on the maps), to the Straits of Ftica,
and then west, through the middle of that strait, to the sen.
Tlus gives us X X the cluster of islands, between
de Haro's channel and the continent.*

The language of the treaty seemed perfectly clear to
the Senate, to the Presidei^, to his Secretary of State, and
to eveiy one of his constitutional advisers, as departinjf from
the line of the parallel of 49"^ only so far as to yield the
southern extremity of Vancouver island, and no more. And
so it was signed on the fifteenth of June, 184(5, and returned
to England for the exchange of ratifications.

In the House of Commons Lord Palmerston welcomed
Appendix No. 5. it as honorable to lx)th countrieij; Sir Robert Peel quoted

p. 54. 1. i.g— 14. ^j.pj^ j^ dispatch which proved that he was aware of the three
days debate in the American Senate on the treaty before its
approval. He cited every word of the article on the boundary,
and interpreted it thus:

•Those who remember the local conformation of that

11. 5.3. 1. 31-3K. country will understand, that that which we proposed is the
continuation of the 49* parallel of latitude till it strikes the Straits
ofFuca; that that parallel should not be continued as a boun-
dary across Vancouver's Island, thus depriving us of a part
of Vancouver's island, but that the middle of the channel shall
be the future boundary, thus leaving us in possession
of the whole of Vancouver's island, with equal right to
the navigation of the Straits* .

Mk. Buchanax and Sir Roheut Peel ijelieved they
iiau closed every cause of dissension.
It had been the special object of Mr, Buehaiiau to leave
nothing in the treaty which could give occasion to future contro-
versy. And on the night before Sir Robert Peel retired from AiPinndix No. -itj.
ofHce, never again to resume it, he spoke of the treaty ns '' ' ' "'"■
having avertetl the dreadful calamity of a war between two
nations of kindred origin and common language* , and having
At length »closed eveiy cause of dissension between the two !'• •>> •• :<•*— ^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-<i.

22— -J.").

_ 22 ~

IH"' ol" .Iniiuary, 1H48, in a proposed drnught r)f instructions
to t'oinniissionors Cor settling llie l)ouiul«ry, indirectly in.sinuiited
n cliiini that tlie line of bonndnry should l)e drawn on the
channel through which Vancouver in 1792 liad Hailed from
Admiralty inlet to Birch's Itay.

ThiN insinuation took tlie American government by flur-
prise. The history of the negotialion shows that no such
line was suggested by either side to the other. Vancouver
was an explorer, who exam'tied every inlet and hay and
passage, not a merchant seeking the shortest, most natural,
and l>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

_ 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

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

»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'-.

"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.

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

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: <ti the United .States and Great Britain,
respectively, who may be actually at Berhn, and shall be considered
as operative from the day of the date of the delivery thereof. .to

Article 156. U'he written or printed case of each of the two
parties, accompanied by the evidence offered in support of the same,
shall be laid before His Majesty the Emperor of Germany within
six months from the date of the exchange of the ratification of
this Treaty, and a copy of such case and evidence shall be com- 36
municated by each party to the other through their respective repre-
sentatives at Berlin. The high contracting Parties may incdude
in the evidence to be considered by the arbitrator such documents,
official correspondence, and other official or public statements bear-
ing on the subject of the reference as they may consider necessary 40

5 —

t(i tli« support ol' tli«ir rcRiicctivc, (mses. After tlie written or
printed case hIiiiII Iiiivp lii'cn (tominiinicati'd by <'m;li [)arty to the
otluT, each party Hhall have the power of (lrn\vin^ up and layin^
before the arbitrator a wei'.ond and (hilinilive Htatenient. if it think
'■> 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 adducc<l as evidence, giving in each
instance such reasonable notice as the arbitrator may require; and
if the arl)itrator should desire further elucidation or evidence witli
regard to any point contained in the statements laid before him,

an he shall be at liberty to hear one counsel or agent for each party
in relation to any matter, and at such time and in such manner as
he may think fit.

Article 38. The representatives or pubhc agents of the
United States and Great Britain at Berlin, respectively, shall be

2 5 consideretl as the agents of their respective Governments to con-

duct their cases before the arbitrator, who shall be requested to
address all his communications and give all his notices to such repre-
sentatives, or other public agents, who shall rcpresert tlieir respec-
tive Governments, generally, in all matters connected with the
30 arbitration.

Akticlk 39. It shall be competent to the arbitrator to pro-
ceed in the said arbitration, and all matters relating thereto, as and
when he shall see fit, either in person, or by a person or persons
named by him for that purpose, eitlier in the presence or absence

3 5 of either or both agents, and either orally or by written discussion,

or otherwise. The arbitrator may, if he think fit, appoint a secre-
tary or clerk for the purposes of the proposed arbitration, at I'u.-h
rate of remuneration as he shall think proper. This, and all other
expenses of, and connected with said arbitration , shall be provided
•10 for as hereinafter stipulated.

4*1

— 6 —

AiirirMi 41. The arbitrator shall be rc(iuested to deliver,
together with his award, an account of all the costs and expenses
which he may have been put to in relation to this matter, which
shall forthwith be paid by tlie two Governments in equal moieties.

Article. 42. The arbitrator shall be requested to deUver
his award in writing, as early as convenient after the whole case
on each side shall be laid before him, and to deUver one copy
therpoi to each of the said agents.

EnKli-sh Colonial
CtiartPfs boiiiidctl
KiiKlisli Colonies by
pftrallcls of latitiiilc.

No. 3.

EXTRAC'I KUOM THK PATENI CiUANTKl) BY JaMI:,S I OF ENGLAND,
Nov. 3"^' IN THE EIGHTEENTH YEAR OK HIS REIGN, ': , THE CoUNCIL

OF Plymouth.

X '< X X »Wee therefore, of our especiall '^race,
mere Motion, and certaine Knowledge, by the Aduice of the Lords
and others of our Priuy Councell have for Us, our Heyrs and
Successors, grauiited, ordained, and established, and in and by
these Presents, Do for Us, our Heirs and Successors, grant, or-
dame, and estabhsh, that all that Circuit, Continent, Precincts, and
Liraitts in America, lying and being in Breadth from Fourty Degrees
of Northerly Latitude from the Equinoctiall Line, to Fourty -eight is
Degrees of the said Northerly Latitude, and in Length by all tlie
Breadth aforesaid throughout the Maine Land, from Sea to Sea... y

Extract from the Ch^uitkr of >1 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

■I

The Uaitcil States
arqtiirc Louisiana.

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

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

: ; 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 -'^

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

ir^^-

■d

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

<!annot consent that the boundary between the territories of the two
Powers on the Northwest Coast should be south of forty- nine.
The British Government has not been committed by a positive re-
jection of a hne on the parallel of forty-nine; but if it had been,
its pride may take refuge in the oiler which, for the first time, you i o
are to propose, of a right in common with us to the navigation of
the Columbia river. There is no objection to an extension of the
time to be allowed to British settlers to remove from south of forty-
nine to a period of fifteen years if you should find that it would
facilitate an arrangement. » ^^

f'l

{•:

It I

Mr, IliiskUsuti ulj-
jt'p(a to diviiliriK \'au-
couver islatnl.

No. 10.

Mu. Gallatin to Mr. (Jlay.

Sir:

London November 2!). 1826.

The latter part of our conversation was jf a more concilia-
tory nature. Mr. Huskisson said that it wouk' be lamentable that,
in this age, two such nations as the United States and Great Brit-
ain should be drawn to a rupture on such a subject as the uncul-
tivated wilds of the Northwest Coast. But the honor and dignity
of both countries must l)e respected, and the mutual convenience
of both parties should also be consulted. lie then objected to the
straight hne which we proposed, as having no regard to such con-
venience, and observed particularly that its cutting off the southern
portion of Quadra and Vancouver's island, (that on which Nootka^.^
sound is situated,) was quite inadmissible. 1 told him that, taking
only convenience into consideration, their proposal was far more
objectionable. xxxxxxxx

Albert Gallatin.
Hon. Henry Clay,

Secretary of State.

No. 11.

Mr. Gallatin to Mr. Clay.

London, December 2, 182(i.
Sir: xxxxxxxxx

Mr. Huskisson then asked me whether I was authorized to Mr (:«ii«ii„ |„..-
deviate from the forty- ninth parallel of latitude as a boundary. I ';'::;„„;:; Z^^'Z
did not think that he had any right to ask the question; but, as it ^s^f"'"" "i"i"ii<ni
was only troni courtesy, and to avoid, at the opening of the nego-
5 tiation, expressions at all savoring of harshness, that I had used
the words »whilst insisting on the forty- ninth degree « instead of
the word »ultimatum«; and as, in fact, the United States had nothing
to conceal, I answered the question. To the forty- ninth parallel of
latitude the United States would adhere as a basis. If, on account
1 of the geographical features of the country, a deviation founded on
mutual convenience was found expedient, a proposal to that eft'ect
might be entertained, provided it was consistent with that basis:
that is to say, that any deviation in one place to the south of the
forty- ninth parallel should be compensated by an equivalent in an-
1 .■> 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.

X 15

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<i ALcrdci..
deen wished to see me, and was conducted to his room. He in- rh'e^mur.'i'nr^ wmumt
formed me that he wished to read me a copy of a despatch which ''""'"^
he had addressed to Mr. Fox, directing him to make known to the
5 President thi" strong desire of Her Majesty's Government to engage,
without delay, in a negotiation for the settlement of the boundary
between the two countries on the Pacific ocean, and iiis wish that
instructions should be sent to me for that purpose. x x y
In the conversation which ensued, he dwelt with great earnestness
10 on the danger to the good understanding between the two coun-
tries, so happily established by the treaty of "Washington, to be
apprehended from leaving this question in its present unsettled
state. xxxxxxxx X

Edward Everett,
Daniel Webster Esquire,
Secretary of State.

No. 15.
Mu. Everett to Mr. Upshur.

[Confidential.] London, l?"- August. 1843.

Dear Sir: xxxxxxxx

When Lord Aberdeen spoke of instructing 3Ir. Fox on the Mr. v.Mn-n thinks
15 Oregon question, he added an expression of his regret that tiie i,est'''i.Tr'ri"*r".ir!u' "^

negotiation sliould fall into his hands. He has on many occasions Wnsiiimiton.

expressed a wish that I should be charged with the negotiation.

Could I hope to bring it to a successful issue, it would of course

be very agreeable; but it seems to me out of the question to carry
2 on such a negotiation any where but at Washington.

xxxxxxxx X

Edward Everest.
Hon. A. P. Upshur.

If. —

IE .

I* till powers arc sont
111 Jlr. Kvprell U> 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

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''.

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

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

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<ii'en ilinniRs tlir
boiunlar>'.

1 Is

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

— 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.

— 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

_ 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.e<i ,1.- ^^ gettlc tliB coutroversy , and are wiUing to go as far as their

llrclioii.

views of consistency and the national honor will permit to effect
that object.

They do not, therefore, I imagine, much regret the agitation
of the subject in the United States, arid are wiUing we should ad-
vance a claim to the 54° 40': such a course on our part, will make lo
it easier for them- to agree to stop at 49°. x x x x

Eaward Everett.
John Nelson Esquire,

Secretary of State ad interim.

\'iews of Mr. Stureifl

No. 21.

Extract of a Lecture delivered by JNIr. Williasi Sturgis

BEFORE the MERCANTILE LiBRARY ASSOCIATION OF BoSTON.

January 22, 1845.

X X I deem it very desii-able that the question of

boundary should be speedily adjusted, and that the Umits and the
rights of each party be so rlearly established and defined as to
prevent all danger ol collision hereafter. is

In this opinion I douhi not that the distinguished statesmen,
Messrs Pakenliaiu and Calhoun, who now have charge of the ne-
gotiation, will cordially concur; and it seems to me that each {)arty
will attain their object, and justice be done to both, by adopting
as the Ijoundary a continuation of the parallel of 49° across the 20
Rocky Mountains, to ;ide-water, say to the middle of the »Gulf
of Georgian; thence ly the northernmost navigable passage (not
north of 49°) to the Stroits of Juan de Fuca, and down the middle
of those Straits :o the Pacific Ocean: the i vigation of the Gulf of
Georgia and the Straits of Juan de Fuca to be fijrever free to both 25
parties — all the islands an 1 other territory lying South and East
of this line to belong to the United States, and all North and West
to Great Britain. By this airangement we should yield to Great

Britain the portion of Quadra and Vancouver's Island that lies South
of Latitude 49", which, in a territorial point of view, is of too httle
importance to deserve a moment's consideration; and both parties
would secure, for a considerable extent, a well-defined natural boun-
5 dary, about which there could hereafter be no doul)t or dispute.
Will Great Britain accede to this? I think she will. Up to the
close of the last negotiation, in 1827, the free navigation of the
I'olumbia was declared to be indispensable to Great Britain, by the
British Commissioners; but subsequent developments will |)robal)lv
10 rend-.-r the British less pertinacious upon this point. The "Summary"
presented by the Commissioners in 1827, shows that the Columbia
was then supposed to be the most convenient — in fact the only

— navigable channel of communication between the Ocean and most
of the numerous estabhshments of the Hudson Bay Company, West

1 5 of the Rocky Mountains. Within a few years past, however, several
rivers of considerable magnitude have been explored from tlic in-
terior to the seas into which thoy empty, North of Latitude 41)°.
These are »Fra/er's River », which disembogues about that parallel

— the river called by Harmon the uNachaottataina, in about the
io Latitude 53° — "Simpson's River", a httle North of Latitude 55"

— and "Stickene River «, in 55° 50'. All these would be within
the British territory, or are so situated that the British, by their
Convention with Russia, would have the right of navigating them:
and they would afford convenient communication with most of their

2 5 estabhshments North of 49^; and if this adjustment thould be made

they would retain none South of that Hue. I should be reluctant to
cede to Great Britain fb»i free navigation of the Columbia, for there
are serious objections to ving to any nation the unlimited right
of using a stream where it flows wholly through the territories of

3 another. For obvious reasons, the exercise of such a right must

endanger the harmony and peace of the parties; and, especially at
such a remote point, would be a fruitful cause of jealousy, and
very likely to occasion collision. But Great Britain will not relin-
quish the right to the free navigation and use of the Straits of
3 5 Juan de Fuca, if she retains the territory North of 49°. The use
of these Straits would, in fact, be indispensable to her, for through
them is the only convenient access to a considerable portion of this
territory. xxxxxxxx

P.!

111
iiatiiii'iiiiic,rni\ai'-

llfctcd so lis to ^ivl?
lie whnlf nf N'aiicoil-
cr tn (iroat Ilritniii,
s Jill tlial fitlier party

lill ('(.IKTclf.

Sir

No. 22.

yiu. Enkkeit to 3Ii{. Calhoix.

London , 28 February, 1845.
xxxxxxxx X

1 have anticipated in some degree another point, to whicii
Lord Aberdeen has given great prominence in all our conversations,
viz : the entire impossibility that Englatid should accept terms which
she has already refused. I do not thmk 1 can be mistaken in saying.
that, unless it comes in the form of an award, she will never agree 5
to the naked proposition of the forty- ninth degree. I have how-
ever a pretty conlident belief that she would accept that hne with
tiie niodifi(;ati()n alluded to in my despatches above mentioned; viz:
the Southern extremity of Quadra and Vancouver's island, thougli
cut oir by the forty -ninth ])arallel, to be theirs. Lord Aberdeen u.
has never told me they would agree to this: but I am still of the
0[)ini()n expressed in my former despatches, and for the reasons
therein stated, that they would do so, and I am confident that this
is the best boundary which we can get by negotiation. The con-
cession of the Southern end of the island, while of httle impor-is
tance to us, would be a great boon to them, as giving them a
passage through the Straits of Fuca; and on the ground of this
advantage 1 am of opinion that they would consider themselves
justified in acceding in other respects to the forty- ninth degree:
but if the expectation prevails that they can be led by negotiation 20
to agree to a boundary which we should regard as more favorable
than this, I am confident that expect tion will prove delusive. At
the same time I have spared no pains to impress upon Lord Aber-
deen's mind the persuasion, that the utmost which the United States
can concede is the forty -ninth parallel with the modification sug- -.'s
gested, taking care always to add, that I had no authority for saying
that even that modification would be agreed to x x x

Edward Everett,
.lohn C. Calhoun Esquire,
Secretary of State.

— 27

No. 23.

Mr. Everett to IMk. Caliioln.

London, 7"' Marcli, 1845.
I^ir: X X X x x x x x

I took an opportunity a few days since to exjjlain to the
Corate de St. Aulaire, tlie Frencli Ambassador, at liis request, the
merits of the claim of the United States, and the present state of
the controversy. I have since done the same thing in conversation
5 with the Chevalier Bunsen. the Prussian Minister, who. at mv re-
commendation has made liimself acquainted with Mr. Greenhow's
work.

A day or two since 1 liad u good deal of conversation with

Lord Asliburton on the general qutstion Knowing that he is habitu-

10 ally consulted by the Government on American subjects, 1 tho'ight

it of some importance to endeavor to impress his mind with the

reasonableness of the American pretensions. Having done this i

stated to him my confident oj)inion that the Government of the

United States would never accept a boundary materially less favor-

15 able than the forty ninth degree of latitude. He said he did not

tliink there would be much difficulty in coming to an adjustment,

unless steps were taken on our side which wore the appearance of

defiance and menace, Any such step would put it out of the power

of England, as a similar step ^ her part would put it out of the

20 power of the United States, to compromise on any terms. I attach

the greater importance to these remarks, because Lord Asliburton

has lately conferred with Lord Aberdeen on the subject, x x x

Edward Everett.
John C. Calhoun Esquire,
Secretarj' of State.

Lord .-V.slilxii'lon
thinks (here will be
not niiu'h ilifticiilty in
cnmiiiic to nil ftdjiifJl-
inonf.

[Confidential.
Sir;

No. 24.

Mr. Everett to Mh. Calhoun.

London , 2"^ April, 1845.

xxxxxxxxx
A person very high in the confidence of the government, but
rot belonging to it, informed me a day or two since that he con-

3Ir. Stur«is' pain-
plilet regarded by a
friend of tlie Jlriiisli

— 28 —

luiiiisiry Hs fair ,u..i siclerccl tliG vicw of the Oregon iiuestion lately delivered on the
subject in iJostoii by Mr. William bturgis, as fair and candid.

Edward Kverctt.
.lohn ('. Calhoun Kstiuire,
Secretary of State.

4 i'.

':}l

f '■.[

:;'■ 5--

I.ui-fl Aslilmih.n n-
nard.s !\lr.Sturi:is' imni-
jihlpt ns (listinc-t .iml
iin|)arlial.

No. 25.

Loud Ashburton to "Mu. Stvugis.

Sir:

London. 2. April, 1845.

Your lecture on the Oregon question reached me last week,
and as tlie suhject itself interests me, and still more so every thing
connected with the maintenance of peace and friendly intercourse r,
between our countries, I lost no time in reading it. I beg you will
accept my very best thanks for your obhging attention. Your trea-
tise enables me every day to answer satisfactorily the ([uestion put
to me s^o often, where is the Oregon and what is this dispute
about? You have stated the case distinctly in a few pages, and lo
what is indeed uncommon, you have stated it with great impartiality.
Your leaning is perhaps to tlie side of the American argument, but
if those who iiave to settle the subject by negotiation, treat it with
the same fairness and candour you have done, there can be no
danger of its leading to consequences which all honest men would 1 5
deprecate. I have personally a high opinion of the future destinies
of that portion of the coast of the Pacific. The Northern Pacific
Ocean, and in the course of time probably the Eastern shore!^ of
Asia will find their masters in the country North of Cahfornia. But
I have a very low opinion of any interest either your country or ao
mine are hkely to have in any division of the territory: from the
moment it becomes of any real importance, it will not be, and
slioiild not be governed from either Washington or from West-
minster. You do not, or should not want land, and we certainly
do not want colonies, and least of all such as would be unman- 2i
ageable from their distance, and only serve to embroil us with our

— 29 —

neighbourw. 1 am not without a wish that this new Pacific repubhc
should be founded by our own race, Avhich with ail their detects,
are hkely to spread the best description of Christian civilization;
but to say the truth I care little whether this be done from Old

5 England directly, or intermediately through New England. What
I do care about is that we should not quarrel about this or any
other measure and 1 really believe that we should all be better by
leaving this question to sleep again for another half century.

Repeating my thanks for your obhging attention, I have the

10 iionuur to be

Sir,

Your very obedient

Ashburton.
The Hon. Wm. Sturgis.

No. 26.
IMu. Bates to Mr. Stukgis.
[Strictly Confidential.] London, 1»* May, 1845.

My dear Sir:

I wrote you some weeks since to thank you for the pam-
l)hlets you were so kind as to send me on the Oregon question.
Since the date of my letter the few copies of your address sent
over have circulated pretty rapidly, and have been read by all the

15 ministe "i, I have no doubt. I now enclose you an article cut from
the Exammer of last week. It was written by my friend Senior the
poHtical economist; as you will see with your paper before him.
He showed it to me before it was printed as he frequently does
his articles for reviews, (I suppose for the purpose of getting a

20 common -sense opinion) and I advised him to send it to Lord Aber-
deen, with a note to say, if he found anything amiss in it that it
should not be published. Lord Aberdeen answered that it was all
right, except an unimportant omission in regard to the negotiations
of 1818 — 19. — A few days since, Lord Aberdeen, amongst others.

•2 5 dined with Mr. Van der Weyer. After dinner Lord A. came to me
and talking on various matters got to America and the Oregon

l.iirtl Aljenti
nuunres I\Ir.
]ian)p)ilct elf
si'Dsiblc.

SturBis"

FM*

30 —

■

'►

'Flu' Miily real rljiiin
ol'tlii' lli'ltisli ri'Hl.i iiri
rntilimiity.

(|iie8tion. I carefully avoied leading the conversation but he Heenied
desirous to talk Oregon. Tlie sum of what he said was this — he
eoniplimentcd your paper as a elear and sensihle view of the matter
— that the declaration (of] tlie President re(|uired to he met by
a declarition of some sort from this Government, that what had r.
been said he iiopcd would he taken in the sense it was given as
meaning simply that the British Government do not admit that the
U. S. have a right to the whole of Oregon. 1 told him that the
declaration of the President appeared to have e.xcited ver^- little
attention in the United States. He seemed anxious to impress on in
my mind that this country was disposed for j)eace and an amicable
settlement of the (|uostion. x x x x x

Joshua Bates.
Tlie Hon. Wm. Srurgis.

EXTR.VI'T FROM AN .VHTUI.r. HY >ll{. 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

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,

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"

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

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.

— 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.

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().

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.

; jf

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

— 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

■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.

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 —

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)

.Ml'. MarL.iur i-f|ti'lt.-4
tlint <iri'nt Hrii.iiti will ,, rt-*i t^ i

„«s,.n. lo nn i,Hin- t"e 2i)"' 1 fbniary

pnrliiiuri than llx' liiir
Strnir**

No. 38.
Mk. Ma(T.ank to Mr. Buchanan.

London, March 3, 184G.
Sir: xxxxxxxxx

I sought and obtained nn interview witli Lord Aljcrdecn on

X X X X X X X

I have Httle or no pxpec^tiition that tliia CJovernmcnt will
oH'er, or assent to, a better partition, than the extension of a line
on the 49"' parallel to the Straits of Fuca, and thence down the 5
middle of the strait to the Pacific: and, if the hne of the 49"' pa-
rallel should intersect the Columbia, acconhng to Mr. Gallatin's
proposition, at a point from which it is navigable to the ocean.
with the free navigation of that river, at least for such a period
as may be necessary for the trade of the Hudson's Hay ('()m|)any. lo
They will also, 1 am quite sure, expect some arrangements for the
protection of the present agricultural settlements of British Subjects
south of the 49"' degree of latitude, and north of the Columbia.
If the Columbia river be not navigable from the point at which it
would be intersected by the extension of a line along the 49"' parallel, 1 5
I behevc it quite certain that the navigation of the river would
not be insisted on. x x x x x x x

I must, however, repeat tlie opinion that, whatever may be
the result of any present expectation, and according to any view
it may take of the ((uestion, this Government will not be likely to an
propose, or assent to a basis of partition, dilferent from that I have
already stated in the foregoing part of this Despatch. If there be
a disposition on the part of our Government to treat upon tliat
basis, I have great confidence that the negotiation would result in
an amicable settlement of the (|uestion. x x x x 25

Louis Mac Lane.
Honorable .Tames Buchanan,
Secretary of State.

— 45 —

No. 39.

^Ih. Bates to Mh. Stiuois.

London, ,!"' April. 1810.
My dear Sir:

The (Jregon (juestion is now as good as settled, provided tlie
Senate by a good majority pass their pacific resolutions. Your
pamphlet, by fixing public attention on a reasonable mode of settle-
ment, on bodi sides of the water has done more than all tlie diplo-
5 matic notes. 1 claim tlie merit of suggesting the mode of getting
rid of the question of the Hudson's Bay Co., and the navigation
of the Columbia by allowing the Company to enjoy it for a llxed
number of years. Mr. JIacLane and the Govornmet.t had not
thought of it. In tlie Quarterly is an article written by Crocker.
10 which adopts completely these views. x x x x

Joshua Bates.

'riifOri'Kuii.{iirfltiuii
Niire (o !)(. sfttlnl on
tlip American haais.

No. 40.

Mr. MacLank to Mr. Buchanan.

London, April 17, 1840.

'='>'': >< 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(<nr()n •

Unii (tie IIIA|I lIHCi) )>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 an<diored. the lo
day he discovered and entered the river, ten miles above the
entrance, and three days after he sailed twelve or fifteen miles
higher up. He must, therefore, have been from six to fifteen miles
above the site of the settlement at Astoria, « x x x

-Mr. Miiv

<aiK- ;i

LenlAlMTiU-

■IMllM-d

■Iir 1 >i'i-K<Mi

,..-^fioj

.Sir:

No. 42.

Mr. MAf'LANE TO Mr. Buchanan.

London, May IS"-, 184G.

In my last despatch, dated on the third instant after an is
interview with Lord Aberdeen, 1 informed you that as soon as he
received official intelligence of the Senate's vote upon the resolution
of notice, he would proceed fin-'ly to consider the subject of Oregon,
and direct Mr. Pakenham to submit a further proposition upon the part
of this government; and also that it was understood that he would 2u
not be prevented from taking this course by any disagreement
between the two Houses as to the form oi the notice.

I have now to acquaint you that, after the receijjt of your
despatches on the fifteenth instant by the » Caledonia « . I had a
lengthened conference with Lord Aberdeen: on which occasion the 25
resumption of the negotiation for an amicable settlement of the
Oregon question, and the nature of the proposition he contemplated

47 _

submitting for that i)urpo8e formed the subject of a full and free
conversation.

I have now to state tliat instructions will be transmitted tu
Mr. I'akeniiam by the steamer of to morrow, to submit a new and
5 further proposition on the part of this government, for a partition
of the territory in dispute.

The proposition, most probably, will offer substantiully:
First: To divide the territory by the extension of the line on
the parallel of forty -nine to the sea; that is to say to the arm
of the sea called Birch's Bay, thence by the Canal de Arro and
Straits of Fuca to the Ocean, and confirming to the United States,
wliat indeed they would possess without any special confirmation,
the right freely to use and navigate the Strait throughout its extent.
Second: To secure to the British subjects occupying lands,
15 forts, and stations any wliere in the region north of the Columbia
and south of the forty- ninth parallel, a perpetual title to all their
lands and stations of which they may be in actual occupation;
hable, however, in all respects, as I understand, to the jurisdiction
and sovereignty of the United States as citizens of the United States.
20 Similar privileges will be offered to be extended to citizens of the
United States who may have settlements nortli of the forty -ninth
parallel; though I presume it is pretty well understood that there
arc no settlements u|)on which this nominal mutuality could operate;
I have no means of accurately ascertaining the extent of the present
British settlements between the Columbia and the forty -ninth
parallel. They are not believed by Lord Aberdeen to be numerous,
however; consisting as he supposes of a few private farms and two
or three forts and stations. I have already, in a previous despatch,
taken the liberty to remind you that by their charter the Hudson's
Bay Company are prohibited from acquiring title to lands, and that
the occupations to be affected by this reservation have been made
either by the squatters of that company, or by the Puget's Sound
Land Company for the purpose of evading the prohibition of the
Hudson's Bay Charter.

They are in point of fact also , according to Captain Wilkes'
account, cultivated and used chiefly by the persons employed in
the service of the former company, and as auxiliary to their general
business of hunting and trapping, rather than with a view, as
it has been generally supposed, of colonizing or of permanent
40 settlement.

Tlir Urittiili KDM-i'ii-
nii'tit t\-ill otler ri> ili*
viilc the territory t»y
tlw pnrnllcl ,.l' «)'.
Hirrli'p. Kfty. .■niml 'le
Hani, .-Mill Knra'w
Slillito.

[,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-
<tauces. to lead to a reoi)ening of the negotiations by any pro|)o-
sition from this government, and to induce it to adopt the parallel
of forty -nine as the Itasis of a bomidary. nevertheless 1 hoped it
would have been in my power to give the present proposition a i .^
less objectionable sliajje , and I most deeply lament my inability to
accomplish it. 1 have, therefore, felt it mv duty to discourage any
expectation that it would be accepted by the President: or, if
submitted to that body, approved by the Senate.

I do not think there can be much tloubt. however, that an -jo
impression has been produced here that the Senate would accept
the proposition now oll'ered, at least witliout material uioditication.
and that the President would not take tlie responsibility of rejecting
it without consulting the Senate. x x x x x

It must nor escape observation that, during the preceding 2.'>
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

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.

I,..1,1AL,T

Ihv 4iltli y
taiiiiiiu llii>
N'ftucoiiv.'r
Knuliiii.l.

<arnll<'t rc-
wlii.lc ..I
island ((11

Mr. Ilniu.ii
tiiat the hoiiiitJar
pil.ssps thrniit{li
f!iun\ (Ic liar"

^'(m will accordingly propose to tlie American Secretary ol'
State that the hue of deniarcatioii should he continued aloii"' the
49"' |)arallel, from the Roi.-iiy .Mountains to the sea-coast, and I'roni
thence, in a southerly direction, through the centre of King George's
sound, and the Straits of Juan de Fuca to tiie Pacific Ocean, leaving
the wliole of Vancouver's Island, with its po'.ts and harhours. in
the possession of (ireat I'ritain.

No. 44.

KxTliACI I'UOM THK Sl'ElCCll OF Mu. BeNTON Of MlSSOlUl. IN

iiii; Skn.vik, ,li nk is, 184(5. Debate on the katification

OF THE OkEC.ON TuEATY. ApPENDIX TO THE Co^tiUESSlONAI.

(TI.OI5E l" Sess. 29"' CVm;. 1S4.5— 4(5. i'A(iE 8(57.

»'l'he lirst article of the treaty — and it is the main one,
and almost the whole treaty — is in the very words which 1
myself would have used if the two Governments had left it to me lo
to draw the boundary hue between them. The hne established l)v
that article — the prolongation of the boundary on the east side
of the Rocky Mountains — follows the parallel of 49° to the sea.
with a slight deflection through the Straits of Fuca to avoid cut-
ting the south end of Vancouver's Island. x x x x i 5

When the line reaches the channel which separates Van-
couver's Island from the continent, (which it does within sight of
the mouth of Fraser's river), it proceeds to the middle of the
channel, and thence turning south, through the ••hannel De Haro.
(wrongly written Arro on tlie maps) to the Straits of Fuca: and -"i
I'hen west, through the middle of that strait to the sea.« x x

No. 45.

EXTUA(T OF THE SpEECH OF THE EaRI, OF AliEKDEEN IN THE

HoisE OF Lords, Monday, June 2:1, 184(5.
|II.\NSAiin's Drn.vTKs 87. loHS.]

I'l'tomn'rit'l'J:!'',! When I saw that the Senate and the House of Rejjr.'senta-

.if tie ini«|,r(t..ti„„ tives had ado])ted Uesoiutions of such a conciliatorv and friendlv

If)

(IcsL-ription, 1 (lid not dday for a iiionieiit [•uttin<r a.sido all ideas
of diplomatic c'tiquctto, whicl, nii-lit l.av.. 1,.,! ,„,. t(, expect that
sonic steps would bo taker on the other side; but, without waiting
a moment, I prepared tlu drauo-ht of a convention, which was senl
5 by the packet of the KS'i. of May to Mr. I'akenham, to b.^ proposed
for the accei)tance of the United States Government. I iiave brought
with me a letter from :\Ir. I'akenham, which I received this nioni-
insi. anrl IVom which 1 sliall read an extract. The letter is dated
the i:{ii' of .June: and Mr. Pakenham says:

»ln c(3nformity with what I had the honour to «tate in my
despatch No. 08, of the 7"' instant, the President sent a Messa-e
on \\'ednesday last to the Senate, submitting for tlie opinion of
that body the draught of a convention for the settlement of the
Oregon (juestion , which I was instructed by your Lordship's des-

1.^, patch No. Id, of the 18"- of .May, to propose for the acceptance
of tlie United States Government. After a few hours deliberation
on each of the three days, Wednesday, Thursday, and Friday, the
Senate, by a majority of thirty -eight votes to tweW-e, adopted
yesterday evening a liesolution advising the President to accept

20 the terms proposed by Her Jlajesty's Government. The President
did not hesitate to act on this advice: and Mr. Buchanan accordingly
sent for me this morning, and informed me that the conditions
offered by Her Majesty's Government were accepted by the Govern-
ment of the United States, without tlie addition or alteration of a

2 5 single word.a

Gratifying as this intelligence is, I feel it is but an act of
duty and justice, as well as a pleasure, that I should l)car rhe
tribute of my testimony to the most friendly and conciliatory course
which has been adopted by the United States ^Minister in ihk

3 country. That gentleman 1 have long known, and long had reas,..

to esteem in official intercourse fifteen or sixteen years a^o: and I
am perfectly certain, that, by every means in his |)ower, he has con-
tributed to this result. I am well assiu'cd that there is no person
in this [louse, or in this country, who more cordially particijjates
35 in the feeling of satisfaction which it is fitted to produce than
Mr. MacLaue.

iIm' I

I., tl,.

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<!te>. ^\ 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 ». <lo — tuktvely, not to |)ro-
|)Osc reaeweii and lengthy negotiation!., b^it to . wecify frankly and :;5

BWI W W ' >^i ii. if B imi'* iii w i< M

■nmWMi I mmum

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<f«ver V

3& Island, thus iVpriving us of a iiart o( \'a»Ksniver's Island, bul tliai
the utkldle ni the channel shall be the futmv boundary, tluis U>»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<i great nations, ini|)elled.
I beheve. by the public opinion of each country in favour of peace.
— by that opinion which ought to guide and influence statesmen — 'J'S
lia\c, by moderation, by mutual compromise, averted the dreadful
calamity of a war, between two nations of kindred origin and
I'ommon language, the breaking out of which might have involved
the civilized world in general conflict. A single year, perhaps a
single month of such a war, would have been more costly than :in
the value of the whole territory that was the object of dispute.
Ibit tliis evil has been averted consistently with perfect honour on
the part of the American (iovernment, and on the part of those
who have at length closed. I trust, every caase of dissension be-
tween the two countries, x x Sir, 1 do cordially rejoice, that, in :iri
surrendering power at the feet of a majority of this House, I have the

o|.],ortunity of giving tluMU tl.o official assurance ti.at every
cause of .juarrel wiM. ,i,at great country on .he other side of the
Athmtic is aniicahlv terniinateil.

No. 47.

Mh. jMacLank to Lord Palmerston.

July \:\, 181(1.

^ The treaty ns concluded and ratified by the Pre-

5 sident appearing to he in all respects identical with the proj..ct

admitted of Her Majesty's government, the ratilication on the [.art

of Her Majesty may be anticipated » not likely to occasion a,u-

l.es.tat-.n: and the undersigned ha^ been instructed to express a

desire on the part of the President that he should be able, before

10 the adjonr.unent of (^ong.ess to acquaint that body with the llnal

eonsumn.at,on of an act which, he cherishes the 'hope, may be

regarde.l as establishing the foundation of a cordial and laWin".

amity between the two countries. x x x '^

:<N, Harley .Street,
•lulv V.VK 184t;.

Louis M a c I. a n I

■ Aiiinii-au I'rcs-

icnanl» llii-

"I' .linw , WKi.

.nl'lishiiitf ninity.

No. 48.

Extract from

EXPLOR.^TION Ul- TkRRITOIRE DE l'OreGON. ET... KXE.ITEE

PENDANT LES ANNEE.S 1840, 1841 El 1842,

PAR M. Dl FLOT DE MoFRAS,

Attache a la Legation de France a Mexico;

OtVRAOK PUBI.IE PAR OHDRl; DTJ Roi, SOUS LES AUSPICES DE M. I.E Ma-

HEPH.M. SouLT, Due i,E Dalmatie, President m: Conseii., kt de

M. I.E Ministre des Affaires P^trangeres.

P.vRis, 1844. Tome H, p. 135.

Dans I'espace qui s'e tend de la terre ferme jusqu'a la partie „„,,.„_„.,..,.
lo 1-st de la grande ile de Quadra, il existe une foule de j)etites iles '''"'""' "f """' -
qui, malgre les abris surs qu'elles olfrent aux navires, presentent '"" '""
a la navigation de grandes difficultes. Le passage le plus facile est
par le canal de Haro, entre File de Quadra et Van Couver ec celle
de San Juan.

AriiliiKiiity u«<'
I'rom the* propiT

iif a (ironiifK*

— 56 —

No. 49.
Palky's Works, kdition of 182,"), vol. IV. page 85.

II. In what sense promises are to be interpreted.

ncaiii' Where the terms of promise admit of more senses than one,

""""' the promise is to be [)erformed »in that sense in which the prom-

iser apprehended, at the time, that tlie promisee received it.«

I nt- ' ''

This will not differ from the actual intention of the prom- 3
iser, where the promise is given without collusion or reserve:
hut we put the rule in the above form, to exclude evasion in cases
in which the [jopular meaning of a phrase, and the strict grammat-
ical signification of the words , differ ; or. in general, wherever the
])romiser attempts to make his esca[)e througli some ambiguity in lo
the expressions which he used. x x x x x

.sinners
1814 lo
se.Mlll .>

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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