The Sun.
London, England, 1846-08-14 00:00:00

(CONFIDENTIAL

" MESSAGE FROM THE PRESIDENT OF THE UNITED STAIMei,
COMMUNICATING A PROPOSITION ON THE PART OF ThEE
DRITIsII GOVERNMENT FOR THE ADJUSTMENT OF IHE
OREGON QUESTION.
(June 10, 1846—read.)
_ _ "TO THE SENATE OF THE UNITED STATES.

" I lay before the Senate a proposal in the form of a con-
vention, presented to the Secretary of State on the 6th inst.,
by the Envoy Extraordinary and Minister Plenipotentiary
of her Britannic Majesty, for the adjustment of the Oregon
question, together with a protocol of this proceeding. I sub-
mit this proposal to the consideration of the Senate, and re-
quest their advice as to the action which, in their judgment,
it may be proper to take in reference to it.
" In the early periods of the Government, the opinion and
advice of the Senate were often taken in advance upon im-
portant questions of our foreign policy. General Washington
repeatedly consulted the Senate, and asked their previous ad-
vice, to which he always conformed his action. This prac-
tice, though rarely resorted to in later times, was, in my
judgment, eminently wise, and may on occasions of great im-
portance, be properly revived.
" The Senate are a branch of the treaty-making power,
and by consulting them in advance of his own action, upon
important measures of foreign policy which may ultimately
come before them for consideration, the President secures
harmony of action between that body and himself. The
Senate are moreover a branch of the war-making power, and
it may be eminently proper for the Executive to take the
opinion and advice of that body in advance upon any
great question which may involve in its decision the issue
of peace or war. On the present occasion the magnitude of
the subject would induce me, under any circumstances, to
desire the previous advice of the Senate, and that desire is
increased by the recent debates and proceedings in Congress,
which render it, in my judgment, not only respectful to the
Senate, but necessary and proper, if not indispensable, to in-
sure harmonious action between that body and the Execu-
tive. In conferring on the Executive the authority to give
the notice for the abrogation of the Convention of 1827, the
Senate acted publicly so large a part, that the decision on
the proposal now made by the British Government, without
a definite knowledge of the views of that body in reference
to it, might render the question still more complicated and
difficult of adjustment. For these reasons I invite the con-
sideration of the Senate to the proposal of the British Go-
vernment for the settlement of the Oregon question, and ask
their advice on the subject.
" My opinions and my action on the Oregon question were
fully made known to Congress in my annual message of the
2d of December last, and the opinions therein expressed re-
main unchanged.
" Should the Senate, by the constitutional majority re-
quired for the ratification of treaties, advise the acceptance
of this proposition, or advise it with such modifications as
they may upon full deliberation deem proper, I shall con-
form my action to their advice. Should the Senate, however,
decline by such constitutional majority to give such advice,
or to express an opinion on the subject, I shall consider it my
duty to reject the offer.
" I also communicate herewith an extract from a dispatch
of the Secretary of State to the Minister of the United
States at London, under the date of the 28t1; of April last,
directing him, in accordance with the joint resolutions of
Congress, concerning the Oregon territory,' to deliver the
notice to the British Government for the abrogation of the
Convention of August 6, 1827; and also a copy of the notice
transmitted to him for that purpose, together with extracts
from a dispatch of that Minister to the Secretary Of State,
bearing date the 18th of May last.
" Washington, June 10, 1846.

"JAMES K. POLK."

" PROTOCOL.

" A conference was held at the Department of State on
the 6th of June, 1846, between the Hon. James Buchanan,
Secretary of State, the American Plenipotentiary, and the
Right Hon. Richard Pakenham, the British Plenipotentiary,
when the negotiation respecting the Oregon territory was
resumed. The British Plenipotentiary made a verbal expla-
nation of the motives which had induced her Majesty's
Government to instruct him to make another proposition to
the Government of the United States for the solution of
these long-existing difficulties. The Secretary of State ex-
pressed his satisfaction with the friendly motives which had
animated the British Government in this endeavour.

" Whereupon the British Plenipotentiary submitted to the
Secretary of State the draft of a convention (marked A),
setting forth the terms which he had been instructQd to pro-
pose to the Government of the United States for the settle-
ment of the Oregon question.
" JAMES BUCHANAN,
"RICHARD PAKENHAM."
[Here follows the draught of the Convention, which is in
the precise words of the treaty below given.]

"31n. 13150111:1NAN TO MIL M‘LANE.-(EXTRACIII.)
"Department of State, Washington, April 28.
" I herewith transmit a notice for the abrogation of the
Convention of August 6, 1827, between Great Britain and
the United States, in accordance with the terms prescribed
in its second article. This paper you will deliver to her
Britannic Majesty in person, or to her Majesty's Principal
Secretary of State for Foreign Affairs, after you shall have
ascertained which of these modes of presenting it will be most
in accordance with her Majesty's wishes. A duplicate of the
same is transmitted, to be placed on tile ire the archives of
your legation.
"As the abrogation of this Convention is an act of an im-
portant and solemn character, the delivery of the notice
ought to be attested with all due formality. The mode is
left entirely to your own discretion; but I would suggest that
it might be made the subject of a protocol in triplicate; one
copy of which should remain with the British Government,
another with the Legation in London, and the third be trans-
mitted to this department.
" In the remarks whichyou may have occasion to make on
the delivery of the notice, the language of the preamble to
the joint resolution concerning the Oregon territory' must
necessarily be your guide. . Congress have spoken their
will upon the subject, in their joint resolution, and to this it
is his (the President's) and your duty to conform."

"TO 'ER MAIESTY, VICTORIA, QUEEN OF THE UNITED

Exnrcnom OF GREAT BRITAIN AND IRELAND, &C.
" Whereas, the Congress:of the United States have adopted
a " joint resolution concerning the Oregon territory,' of
which the following is a copy :
"Whereas by the convention concluded the 20th day
of October, 1818, between the United States of America
and the King of the United Kingdom of Great Britain
and Ireland,. for the period of 10 years, and afterwards
indefinitely extended and continued in force by another con-
vention of the same parties concluded the 6th day of August,
in the year of our Lord 1827, it was agreed that any country
that may he claimed by either party on the north-west coast
of America westward of the Stony or Rocky Mountains,
now commonly called the Oregon territory, should, together
with its harbours, bays, and creeks, and the navigation of all
rivers within the same, be ' free and open' to the vessels,
citizens, and subjects of the two powers, but without preju-
dice to any claim which either of the parties might have to
any part of the said country; and with this further provision
in the second article of the said convention of the 6th of
August, 1827, that either party might abrogate and annul
said convention, on giving due notice of 12 months to the
other contracting party.
"And whereas it has now become desirable that the re-
spective claims of the United States and Great Britain should
be definitely settled, and that said territory may no longer
than need be remain subject to the evil consequences of the
divided allegiance of its American and British population,
nd of the confusion and conflict of national jurisdiction ,
dangerous to the cherished peace and good understanding of
the two countries.

" With a view, therefore, that steps be taken for the abro-
gation of the said convention of the 6th of August, 1827, in
the mode prescribed in its second article, and that the atten-
tion of the Government of both countries may be the more
earnestly directed to the adoption of all proper measures for
a speedy and amicable adjustment of the differences and dis-
putes in regard to the said territory :
"‘ Resolved by the Senate and House of Representatives
of the United States of America, in Congress assembled, that
the President of the United States be, and he is hereby
authorised, at his discretion, to give to the Government of
Great Britain the notice required by the second article of the
said convention of the 6th of August, 1827, for the abroga-
tion of the same.' _ _

" Now, therefore, after a careful consideration of the pre-
mises, I, James K. Polk, President of the United States, in
the exercise of the authority and discretion vested in me by
the said joint resolution concerning the Oregon territory,'
and in pursuance of the second article of the convention of
6th August, 1827, therein mentioned, do hereby, in behalf of
the United States, give notice to her Majesty, the Queen of
the United Kingdom of Great Britain and Ireland, that, at
the end of twelve months from and after the delivery of these
presents, by the Envoy Extraordinary and Minister Pleni-
potentiary of the United States at London, to her Britannic
Majesty, or to her Majesty's principal Secretary of State fur
Foreign Affairs, the said convention shall be entirely annulled
and abrogated.
" In testimony whereof I have caused the seal of the United
States to be hereunto affixed. Given under my hand
at Washington, this twenty-eighth day of April, A.D.
eighteen hundred and forty-six, and of the Indepen-
dence of the States the seventieth.
" By the President, " JAMES K. POLK.
" James Buchanan, Secretary of State."

:414LANE TO MR. 131:Cii.i.NAN.-(EXTRACTS.)
London, May 18, 1846.
I received late in the day, on the 15th instant (Friday),
your dispatch numbered 27, dated the 28th of April, 1816,
transmitting a notice for the abrogation of the Convention
of the 6th of August, 1827, between the United States and
Great Britain, in accordance with the terms prescribed in
the sec,nd article, instructing me to deliver the notice to her
Britannic Majesty in person, or to her Majesty's Principal
Secretary of State for Foreign Affairs, as will he most agree-
, Able to her AlAjesty'a Tabsbes, and At the same tip) lesYwg

the mode of the delivery of the notice entirely at my own
discretion.
I will of course execute your in3tructions at the earliest
practicable moment. As, howeuer, 1" could only ascertain
her Majesty's wishes, which I am directed to consult,
through the Principal Secretary of State for Foreign
Affairs, sufficient time has not yet been afforded for that
purpose; and in the midst of the preparation of my dis-
patches for the steamer to-morrow, and of my engage-
ments at the Foreign-office, connected with one of the
topics of this letter, it has not been in my power to give
to a subject of so much importance that deliberation
which I am sensible a proper exercise of the discre-
tion confided to me requires. To-morrow, however. I
propose to seek an interview with Lord Aberdeen for
this purpose, and without loss of time fineilly to execute your
instructions in the mode that may be deemed most effectual.
I may add, that although it is altogether probable that the
presentation of the notice to her Majesty in person will not
be admissible, and that where a treaty may be annulled upon
notice by one party, the mode of delivering the notice need
not be dependent upon the anent of the other; yet, in the
present instance, I do not apprehend there will be any diffi-
culty in giving and receiving the notice in a mode mutually
satisfactory and in conformity with usage in such cases.
I have now to acquaint you that after the receipt of your
dispatches on the 15th instant by the Caledonia, I had a
lengthy conference with Lord Aberdeen, on which occasion
the resumption of the negotiation for an amicable settlement
of the Oregon question, and the nature of the proposition he
contemplated submitting, for that purpose, formed the sub-
ject of a full and free conversation. I have now to state
that instructions will be transmitted to Mr. Pakenham by
the steamer of to-morrow, to submit a new and further pro-
position on the part of this Government fora partition of the
territory in dispute.
The proposition, most probably, will offer substantially-
1. To divide the territory by the extension of the line ou
the parallel of 49 to the sea; that is to say, to the arm of the
sea called Birch's-bay, thence by the Canal de Arro and
Sada' of Fuca to the ocean ; and con6rming to theZultea
States, what indeed they would possess without any special
confirmation, the right freely to use and navigate the strait
throughout its extent.
2. To secure to the British subjects occupying lands, forts,
and stations, anywhere in the region north of the Columbia
and south of the 49th parallel, a perpetual title to all their
lands and stations of which they may be In actual occu-
pation ; liable, however, is all respects, as I understand, to
the jurisdiction and sovereignty of the United States, as
citizens of the United States. Similar privileges will be
offered to be extended to citizens of the United States who
may have settlements north of the 49th parallel; though I
presume it is pretty well understood that there are no set
tlements upon which this nominal mutuality could ope
rate. I have no means of accurately ascertaining the ex
tent of the present _ British settlements between the Co

lumbia and the 49th 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 stationt. I have already, in a previous dispatch, 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 effected by this reservation
have been made, either by the squatters of the 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's
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 colonising
or of permanent settlement.

Lastly. The proposition will demand for the Hudson's
Bay Company the right of freely navigating the Columbia
river. It will, however, as I understand, disclaim the idea
of sovereignty, or of the right of exercising any jurisdiction
or police whatever, on the part of the Government, or of the
Company, and will contemplate only the right of navigating
the river upon the same footing, and according to the same
regulations, as may be applied to the citizens of the United
States. I have already acquainted you that Lord Aberdeen
has very positively and explicitly declined to treat of the
tehSa t.t
even Lawrence
ifitwi
enr
ec odnens
ier
ax ol no
twoi tuhs tt ho apt
roofp tohs
oe
cn ao vl
ui gt
nabt oa n; oa fn tdh
to offer one for the other, he would on no account enter into
any negotiation in regard to the St. Lawrence.
I have seen no cause to change the opi-
nion, that in any attempt to divide the Oregon territory, the
obligation felt by this Government to protect the rights of
their subjects, which may have been acquired or grown up
during the joint occupation, would most probably interpose
the greatest difficulty in the way of an amicable adjustment.
And it is now obvious that the proposed reservation of the
right to the Hudson's Bay Company of freely navigating the
Columbia, and that in favour of the British occupants north
of the river, proceed from this source; although it is proba-
ble that more or less pride may be felt at giving up now,
without what they may deem an adequate equivalent, what
has been hitherto tendered by our negotiators.
In fact, except in the surrender to the United States of the

title of the lands not occupied by British subjects between
the Columbia and the 49th parallel, and also the surrender
of the jurisdiction over the river and the country within
the same limits, I am afraid it may, with some plausibility,
be contended that there is no material difference between
the present proposition and that offered to Mr. Gallatin
by Messrs. Addington and Huskisson, the British negotia-
tors, in 1827.
It is scarcely necessary for me to state that the proposi•
tion, as now submitted, has not received my countenance.
• • . . . . I have therefore felt it my
duty to discourage the expectation that it would be accepted
by the President, or, if submitted to that body, approved by
the Senate.

r Ido not think there can be much doubt, however, that an
impression has been produced here that the Senate would ac-
cept the proposition now offered, at least without any mate-
rial modification, and that the President would not take the
responsibility of rejecting it without consulting the Senate.
If there be any reasonable ground to entertain such an im-
pression, however erroneous, an offer less objectionable, in the
first instance at least, could hardly be expected.
It may be considered certain, also, in my opinion, that
the offer now to be made is not to be submitted as an ulti-
matum, and is not intended as such, though I have reason
to know ➢lr. Pakenham will not be authorised to accept or
reject any modification that may be proposed on our part;
but that he will, in such case, be instructed to refer the mo-
dification to his Government.

It is not to be disguised, since the President's annual mes-
sage, and the public discussion that has subsequently taken
place in the Senate, it will be difficult, if not impossible, to
conduct the negotiation in its future stages, without refer-
ence to the opinion of senators, or free from speculation as
to any degree of control they may exercise over the result.
Wliaterer, therefore, might be prudent and regular in the
ordinary course of things, I think it is of the utmost import-
ance, upon the present occasion, if the President should think
proper to propose any modification of the offer to be made by
Mr. Pakenhatn, that the modification should be understood as
possessing the concurrence of the co-ordinate branch of the
treaty power.
It is not ass to conjecture with any certainty the extent
to which this Government might be induced to modify the
proposition, even if they should be assured that the Senate,
no less than the President, demanded it. It must not
escape observation that during the preceding Administra-
tion of our Government, the extension of the line on the
49th parallel to the Straits of Fuca, as now proposed by
Lord Aberdeen, was actually suggested by my immediate
predecessor as one he thought his Government might ac-
cept; and that, in regard to those English subjects who
would be left within American jurisdiction by adopting that
boundary, he considered the provisions of the second article
of Jay's Treaty as a precedent for a convenient mode of deal-
ing with them.
By the second article of Jay's Treaty, however, British
subjects would not only be secured in the absolute title of
all their lands and effects, as fully as by Lord Aberdeen's
proposition, but would be allowed the option to continue as
British subjects, and without any allegiance to the Govern-
ment of the United States, which, according to Lord Aber-
deen's offer, as I understand it, they would not possess. In
point of fact, therefore, the substantial points of the present
offer, and those which may be expected to be regarded as
most objectionable, are little snore than the embodiment of
the various offers and suggestions which at different times
have, in some form or other, proceeded from our own nego-
tiations.

I have myself always believed, if the extension of the line
of boundary on the 49th parallel by the Straits of Fuca to the
sea would be acceptable to our Government., that the demand
of a right freely to navigate the Columbia river could be
comprised upon a point of time by conceding it for such a
period as might be necessary fur the trade of the Had-
son's Bay Company, north and south of the 49th parallel.
Entertaining great confidence in that opinion, and deeming
it only reasonable, I confess that, from an early period, I
have used every argument and persuasion in my power to re-
concile Lord Aberdeen to such a limitation ; and although I
am quite aware that, with a portion of the British public, an
importance it by no means deserves is attached to the navi-
gation of the Columbia river, and that in others it is nude-
servedly regarded as a point of pride, I have been disap-
pointed
by the pertinacity with which it has been, at so
much risk, insisted upon. Feeling very sure, however, that
the present offer is not made or intended as an ultimatum, I
think it only reasonable to infer an expectation on the part
of those who are offering it, not only that modifications may
be suggested, but that they may be reasonably required. And,
therefore, I still entertain the opinion that, although from a
variety of causes—in part, perhaps, from an expectation that
in the United States this point may not be absolutely insisted
upon, and part from deference to interests and impressions at
home—they could not be induced in the first instance to
make an offer with such a qualification ; yet, if the adjust-
ment of the question should be found to depend upon this
point only, they would yield the demand to thepeTanent na-
vigation of the river, and be content to accept it for such a
number of years as would afford all the substantial advantages
of those interests they have particularly in view that could be
reasonably desired. ifthe only question upon which the adjust-
ment of the Oregon question depended should be whether the
navigation of the Columbia river should be granted for a pe-
riod sufficient to serve all the purposes of British subjects
within the disputed territory, T. whether the right should be
extended indefinitely to a particular class of British subjects,
I must believe that no English statesman in the face of Lis
denial of a similar privilege to American citizens in regard to
the St. Lawrence, would take the hazard, upon this point alone,
of disturbing the peace of the world. Indeed, if the same
Alinistry from whom the present offer proceeds should con-
tinue masters of their own proposition by remaining in office
until the qualification :I am adverting to would have to be
dealt with, I should feel entire confidence in the belief I have
now expressed.
I regret to say, however, that I have not the least expecta-
tion that a less reservation, if proposed in favour of the
occupants of land between the Columbia and the 49th
parallel, would be assented to. I may repeat my conviction,
founded upon all the discussions in which I have been
engaged here, that in making partition of the Oregon terri-
tory the protection of those interests which have grown up
during the joint occupation is regarded as an indispensable
obligation on the score of honour, and as one im-
possible to be neglected. I am quite sure that it
was at one time in contemplation to insist upon the free na-
vigation of the Columbia river for British subjects and Bri-
tish commerce generally, and that it has been ultimately
confined to the Hudson's Company after great resistance,
and in the end most reluctantly. Being so confined, how-
ever, it would be only reasonable to limit the employment of
the right to a period beyond which the company might have
no great object to use the river for the purposes of trade.
But the interests of the British subjects who have settled
upon and are cccupy ing lands north of the 49th degree are
considered as permanent, and entitled, when passing under a
LIOIVjUriaCti9D, t 9 have their possession secured. This, at

It may not be amiss, before leaving this subject, to cal/
your attention to the position of the present Ministry. The
success of their measures respecting the proposed commercial
relaxations is quite certain, and the Corn Bill, having now
finally passed the house of Commons, may be expected at no
remote day to pass the Lords by a majority no less decisive..
From that time, however, the tie which has hitherto kept
the Whig party in support of Sir Robert Peel, will be dis-
solved ; and the determination of the protectionist party,
who suppose themselves to have been betrayed, to drive him
from office, has lost none of its vigour or power. Indeed, it
is confidently reported, in quarters entitled to great respect,
that they have even offered to the leader of the 'Whig party
to select his own time, and that when he is ready they will
be no less prepared to force Ministers to resign. I have rea-
son:to know that at present Ministers themselves believe a
change to be inevitable, and are considering only the mode
and the time in which it will most likely happen. It
will not be long after the saccess of the measures for the
repeal of the corn-law bofere opportunities enough for the
accomplishment of this object-will occur.
The Factory Bill, replating the hours of labour, will afford
one, and most probably that on vhich the change, sooner or
later, must be unavoidable, and that: the offer has been made
to the probable head of a new Minis:qy to select his own
time, may it not be expected that, instead of Waiting quietly
to allow the Whig leader to select the time of aiming in, the
present Minister will rather select his own time ud mode of
going out, and with his usual sagacity, so regulate retire-
ment as to leave as few obstacles as possible to his 4-esthra`
tion to power ? In that case it is not very unlikely he \would
prefer going out upon the Factory Bill, before taking gr0."61
upon more important measures—and if so, it will not am"'
prise me to witness the coming in of a new Ministry at tha'
end of June, or earlier. Witha knowledge of the propositions
now to be made, I am not prepared to say that one more ob-
jectionable might have been apprehended from a Whig
Ministry, unless, indeed, the present Government may be
supposed to be prepared to accept the qualifications, when
proposed by the President, which it was unwilling at first to
offer. Upon that supposition, it Wight be desirable that the
modifications should be offered before the coming in of a new
Minister, who, finding only the acts of his predecessors, with-
out a knowledge of his intentions, might not be so ready to
take the responsibility of assenting to a change.

TO THE SENATE OF THE UNITED STATES.
In accordance with the resolution of the Seoste of the I 2th
instant, that " the President of the United States be and
, hereby ad-Aw:4l to-aceept the ploposamf the Brit* Geetrlt4T"
meat, accompanying his Message to the &nal:cc-dated lilth
June, 1846, for a Convention to settle boundaries, he., be-
tween the United States and Great Britain, west of the
Rocky or Stony Mountains," a Convention was concluded
and signed on the 15th instant, by the Secretary of State on
the part of the United States, and the Envoy Extraordinary
and Minister Plenipotentiary of her Britannic Majesty on
the part of Great Britain.
This Convention I now lay before the Senate for their
consideration, with a view to its ratification.
Washington, June 10, 1846. JAMES K. POLE.

(CONFIDENTIAL.)
Convention between the United States of America and her
Majesty the Queen of the United Kingdom of Great
Britain and Ireland, concluded at Washington the 15th of
June, 1846.
Juno 16, 1846.—Read a first time.
June 17, 1846.—Read a second time, and ordered tO be
printed in confidence for the use of the Senate.
The United States of America and her Majesty the Queen
of the United Kingdom of Great Britain and Ireland, deem-
ing it to be desirable, for the future welfare of both countries,
that the state of doubt and uncertainty which has hitherto
prevailed respecting the sovereignty and government of the
territory on the north-west coast of America, lying westward
of the Rocky or Stony Mountains, should be finally termi-
nated by an amicable compromise of the rights mutually as-
serted .by the two parties over the said territory, have re-
spectively named plenipotentiaries to treat and agree con-
cerning the terms of such settlement : that is to say, the
President of the United States of America, has en his part
furnished with full powers James Buchanan, Secretary of
State of the United States, and her Majesty, the Queen of the
United Kingdom of Great Britain and Ireland, has on her
a hmeremer
op
fa r
ht ae
rp nMa
jt
eesdtyt 11,s Rmi
Most
tt
HonHo Rri cr
Privy
dcPo
hat ecni
11: aamh
d,
Ma-
jesty's Envoy Extraordinary and Minister Plenipotentiary to
the United States, who after having communicated to each
other their respective full powers, formed in good and due
form, have agreed upon and concluded the following ar-
ticles :