The Sun.
London, England, 1845-12-23 00:00:00

vernment of Mexico to the agent, and as that Go-
vernment has not, therefore, been released so as to
discharge the claim, I do not feel myself warranted
in directing payment to be made to the claimants
out of the treasury without further legislation. Their
case is, undoubtedly, one of much hardship ; and it
remains for Congress to decide, whether any and
what relief ought to be granted to them. Our Minister
to Mexico has been instructed to ascertain the facts of
the case from the Mexican Government, in an authentic
and official form, and report the result with as little
delay as possible.
TIIE OREGON QUESTION.
My attention was early directed to the negotiation,
which, on the 4th of March last, I found pending at
Washington between the United States, and Great Bri-
tain, on the subject of the Oregon territory. Three
several attempts had been previously made to settle the
questions in dispute between the two countries, by ne-
gotiation, upon the principle of compromise; but each
had proved unsuccessful.
These negotiations took place at London, in the years
1818, 1824, and 1829; the two first under the adminis-
tration of Mr. Monroe, and the last under that of Mr.
Adams. The negotiation of 1818 having failed to ac-
complish its c bject, resulted in the convention of the
20th of October of that year. By the third article of
that convention it was " agreed that any country that
may be claimed by either party on the north-west coast
of America, westuard of the Stony Mountains, shall, to-
gether with its harbours, Lays, and creeks, and the na-
vigation of all rivers within the same, be free and open
for the term of ten years from the date of the signature
of the present convention, to the vessels, citizens, and
subjects of the two powers; it being well understood
that this agreement is not to be! construed to the preju-
d:ce of any ciaiw which either of t. e high c.,s. it:, --
ing parties iiay hay, to any }..r s . tii,

nor shall it or taken t. ath-ct..tne
power or state to any part of the and eountr. ; the only
object of the high contracting parties in that respect
being to prevent disputes and differences among them-
selves."

The negotiation of 1814 was productive of no result,
and the convention of 1818 was left unchanged.

The negotiation of 1826, having also failed to effect an
adjustment by compromise, resulted in the convention of
August 6th, 1827, by which it was agreed to continue in
force, for an indefinite period, the provisions of the third
article of the convention of the 20th of October, 1818 ;
and it was further provided, that "it shall be competent,
however, to either of the contracting parties, in case either
should think fit, at any time after the 20th of October,
1828, on giving due notice of 12 months to the other
contracting party, to annul and abrogate this convention ;
and it shall, in such case, be accordingly entirely an-
nulled and abrogated after the expiration of the said term
of notice." In these attempts to adjust the controversy,
the parallel of the 49th degree of north latitude had been
offered by the United States to Great Britain, and in
those of 1818 and 1826, with a further concession of the free
navigation of the Columbia River south of that latitude.
The parallel of the 49th degree, from the Rocky Moun-
tains to its intersection with the north-easternmost branch
of the Columbia, and thane down the channel of that
river to the sea, had been offered by Great Britain, with
an addition of a small detached territory north of the
Columbia. Each of these propositions had been rejected
by the parties respectively.
In October,lB43, the Envoy Extraordinary and Minis-
ter Plenipotentiary of the United States in London was
authorised to make a similar offer to those made in 1818
and 1826. Thus stood the question when the negotia-
tion was shortly afterwards transferred to Washington,
and, on the 23d of August, 1844, was formally opened
under the direction of my immediate predecessor. Like
all the previous negotiations, it was based upon princi-
ples of " compromise ;" and the avowed purpose of the
parties was, " to treat of the respective claims of the
two countries to the Oregon territory, with the view to
establish a permanent boundary between them westward
of the Rocky Mountains in the Pacific Ocean." Ac
cordingly, on the 26th of August, 1844, the British
Plenipotentiary offered to divide the Oregon territory by
the 49th parallel of north latitude, from the Rocky
Mountains to the point of its intersection with the north-
easternmost branch of the Columbia River, and thence
down that river to the sea, leaving the free navigation of
the river to be enjoyed in common by both parties—the
country south of this line to belong to the United
States, and that north of it to Great Britain. At the
same time, he proposed, in addition, to yield to the
United States a detached territory, north of the
Columbia, extending along the Pacific and the Straits
of Fuca, from Bulfinch's Harbour, inclusive, to
Hood's Canal, and to make free to the United
States any port or ports south of latitude 49 degrees,
which they might desire, either on the main land or
on Quadra and Vancouver's Island. With the exception
of the free Forts, this was the same offer which had been
made by the British and rejected by the American Go-
vernment in the negotiation of 1826. This proposition
was properly rejected by the American Plenipotentiary
on the day it was submitted. This was the only propo-
sition of compromise offered by the British Plenipoten-
tiary. The proposition on the part of Great Britain
having been rejected, the British Plenipotentiary re-
quested that a proposal should be made by the United
States for " an equitable adjustment of the question."
When I came into office I found this to be the state
of the negotiation. Though entertaining the settled
conviction that the British pretensions of title could not
bo maintained to any portion of the Oregon territory
uponet in danyeiperreinnccieptloe of public
had
beenci lawrdecoongenbisyedm)bynations
y
predeces-
sors, and especially in consideration that propositions of
compromise had been thrice made by two preceding
Administrations, to adjust the question on the parallel
of 49 degrees, and in two of them yielding to Great
Britain the free navigation of the Columbia, and
that the pending negotiation had been commenced
on the basis of compromise. I deemed it to be my duty
not abruptly to break it off. In consideration, too,
that under the conventions of 1818 and 1827, the
citizens and subjects of the two powers held a joint oc-
cupancy of the country, I was induced to make another
effort to settle this long-pending controversy in the
spirit of moderation which had given birth to the re-
newed discussion. A proposition was accordingly made,
which was rejected by the British Plenipotentiary, who,
without submitting any other proposition, suffered the
negotiation on his part to drop, expressing his trust that
the United States would offer what he saw fit to call
" some further proposal for the settlement of the Oregon
question more consistent with fairness and equity, and
with the reasonable expectations of the British Govern.
ment." The proposition thus offered and rejected re-
peated the offer of the parallel of 49 degrees of north
latitude, which had been made by two preceding Ad-
ministrations, but without proposing to surrender to
Great Britain, as they had done, the free navigation
of the Columbia River. The right of any foreign power
to the free navigation of any of our rivers, through the
heart of our country, was one which I was unwilling to
concede. Italse embraced a provision to make free to Great
Britain any port or ports on the Cape of Quadra and Van-
couver's Island, south of this parallel. Had this been a
new question, coming under discussion for the first time,
this proposition would not have been made. The extra-
ordinary and wholly inadmissible demands of the British
Government, and the rejection of the proposition made in
deference alone to what had been done by my prede-
cessors, and the implied obligation which their acts
seemed to impose, afford satisfactory evidence that no
compromise which the United States ought to accept can
be effected. With this conviction the proposition of
compromise which had been made and rejected was by
my direction subsequently withdrawn, and our title to the
whole Oregon territory asserted, and as is believed
maintained by irrefragable facts and arguments.
The civilised world will see in these proceedings a
spirit of liheral concession on the part of the United
States, and this Government will be relieved from all
resFonsibility which may follow the failure to settle the
controversy.
All attempts at compromise having failed, it becomes
the duty of Congress to consider what measures it may
be proper to adopt for the security and protectioff of our
citizens now inhabiting, or who may hereafter inhabit
Oregon, and for the maintenance of our just title to
that territory. In adopting measures for this pur-
pose, care should be taken that nothing be done
to violate the stipulations of the convention of 1827,
which is still in force. The faith of treaties, in
their letter and spirit, has ever been, and I trust will
ever be, scrupulously observed by the United States.
Under that conventicn a year's notice is required to be
given by either party to the other, before the joint occu-
pancy can terminate, and before either can rightfully
assert or exercise exclusive jurisdiction over any portion
of the territory. This notice it would, in my judgment,
be proper to give ; and I recommend that provision be
made by law for giving it accordingly, and terminating,
in this manner, the convention of the 6th of August,lB27.
It will become proper for Congress to determine what
legislation they can, in the meantime, adopt without
violating this convention. Beyond all question, the pro-
tection of our laws and our jurisdiction, civil and cri-
minal, ought to he immediately extended over our citi-
zens in Oregon. They have had just cause to complain
of our long neglect in this particular, and have, in con-
sequence, been compelled, for their own security and
protection, to establish a Provisional Government for
themselves. Strong in their allegiance and ardent in their
attachment to the United States, they have thus been
cast upon their own resources. They are anxious that
our laws should be extended over them ; and I recom-
mend that this be done by Congress with as little delay
as possible, in the full extent to which the British Par-
liament have proceeded in regard to British subjects in
that territory, by their Act of July 2, 1821, " for regu-
lating the fur trade, and establishing a criminal and civil
jurisdiction within certain parts of North America." By
this Act, Great Britain extended her laws and jurisdiction,
civil and criminal, over her subjects engaged in the fur
trade in that territory. By it, the courts of the province
of Upper Canada were empowered to take cognisance of
causes civil and criminal. Justices of the peace and other
judicial officers were authorised to be appointed in
Ot egon, with power to execute all process issuing from
the courts of that province, and to "sit and hold courts of
record for the trial of criminal offences and misde-
meanours," not made the subject of capital punishment,
and also of civil cases, w here the cause of action shall
not " exceed in value the amount or sum of 200/."
Subsequent to the date of this Act of Parliament, a
grant was made from the "British Crown" to the Hud-
son's Bay Company, of the exclusive trade with the In-
dian tribes in the Oregon territory, subject to are serve-
tion that it shall not operate to the exclusion " of the
subjects of any foreign states who, under or by force of
any convention for the time being, between us and such
foreign states respectively, may be entitled to, and shall
be engaged in the said trade."
It is much to be regretted, that, while under this Act
the British subjects have enjoyed the protection of Bri-
tish laws, and British judicial tribunals throughout the
whole of the Oregon, the American citizens in the
same teritory have enjoyed no such protection from their
Government. At the same time, the n suit illustrates the
character of our people and :their institutions. In spite
of this neglect they have multiplied, and their number is