Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-02-07
THE OREGON QUESTIONING. ~.
New YoRK, JANUARY %, 1916.


Britain, and are equally bound, to protect their cit-
zens residing in the Oregon territory in the exer-
else OF all the rights secured to them by the con-
vention. II has been fully admitted that these
rights embrace the right TO settle in and over any
part of the territory, and that TO be, i'm all cases
whatever, amenabe only to the jurisdiction OF their
own country. The subjects of Great Britain, who
are not in the employ Of the Hudson Bay Compa-
nv are forbidden to trade with the natives and the
company does in fact control and govern all the
British subjects residing in the territory This
gives strong guaranty against the violation, by
rash individuals, of the rights of the citizens of the
United States. Should any of them, however be
disturbed in the exercise of their legitimate rights,
and the company should be unable or unwilling to
relieve and indemnify them, the United States
would be justly entitled TO appeal to the British
Government for the redress of violation Of rights
secured by the convention for the British Govern
ment has preserved control over the Hudson Bay
Company, and does in fact, through it, govern the
British subjects who reside in the territory
The United States are placed, in that respect, in
very different situation II is not believed that
the General Government is authorized to ncorpo-
rate, political body, commercial company,
with such powers would give it an efficient con-
troll over the private citizens reaiding in the territory
Such delegation Of powers, either by any of the
States or by Congress, is wholly inconsistent with
our institutions. The United States may indeed
give to their citizens in Oregon regular and COM
plete judiciary system; and they may also extend to
them, as the British Government has done on its
part, the laws of an adjacent territory. But an
executive local power is wanted in this case. as il
is every where else under any form Of government
whatever, to the laws to be executed, and to
have that general control which is now exercised.
through tile Hudson Bay Company, by the British
Government. There are besides various acts Of
public though local nature, such as openina roads
making bridges, erecting block houses for protection
against the natives, providing for the destitute, &c.
all which are performed by the Hudson Bay Com.
pany, and cannot be accomplished by insulated in.
dlvlduals bound by no legal association or govern.
ment
W.
,'acthef any MEASURES may be devised, other
than territorial government, that will be sufficient
Tor the purpose intended whether all the Ame-
rican citizens residing in Oregon might not be in
corporated and made body polite, with powers
equivalent to those vested in the Hudson Bay Com
pany, and with the reservation BY the General Gov
eminent OF a, check or control analogous to that
reserved BY the Government of Great Britain, are
questions worthy of serious consideration. But
Great Britain has the same interest as the United
States to prevent collision during the continuance of
lions should be renewed, with an equal and sincere
desire on both sides to preserve friendly relations,
there would be no difficulty at this time in coming
TO an understanding on the subject. 1t would
seem sufficient that this should be accompanied
with provisions preventing the possibility Of the
powers exercised by the United States being ever
applied to British subjects, and with an explicit de-
clarahon that these powers should never be con-
strued as an admission by Great Britain of any
claim of the United States to exclusive sovereignty
There is another important subject which has
not IT is believed, ever been discussed by the two
| Powers. This is the claim to the ownership OF the
places settled and improved under the convention
1t seems to me that the principles of both natural
and International law, these rights, to defined ex-
tent should be respected by each Power respectively
whose sovereignty over the portion of the territory
IN which such improved settlements may be situated
will ultimately be recognised. II appears also that
the United States may, in conformity with the con-
vention and without affecting in any shape the
claims advanced by Great Britain, pass law de-
claring that they abandon or grant without war
rany TO such of their citizens as shall have made
actual and bona fde settlements in any part of Ore
gon. under the convention, all the rights Of and
claims to the ownership of the soil, on which such
settlements shall have been made, which the United
States may or hereafter claim or acquire
lHlillg ana uenulng the extent oil the grant IN the
same manner would be done if such grant was abb
solute; and promising that the title should be con-
hrmed in case and whenever the sovereignty of
the United States was recognised or asserted and
maintained
The acts which the Government of the United
States may do, in conformity with the convention,
embrace two objects: the measures applicable to
the territory within their acknowledged limits which
may facilitate and promote migration; and those
which are necessary for the protection of their c-
zens residing in the Oregon territory.
Ii is remarkable fact that, although the conven-
ton has now been in force twentyseven years. Con-
gress has actually done nothing with respect to either
OF those objects. Enterprising individuals have with
out any aid or encouragementhy Government opened
a wagon-road eighteen hundred miles in length
through an arid or mountainous region, and made
settlements on or near the shores of the Pacific,
without any guaranty for the possession of the land
improved by their labors. Even the attempt carry
on an inland trade with the Indians of Oregon has
been defeated by the refusal to allow drawback Of
the high duties, imposed the importation of for
eign goods absolutely necessary for that commerce
thus the fur trade has remained engrossed by the
Hudson Bay Company; missionaries we're, till very
lately almost the only citizens of the United States
TO be found in Oregon the United States, during |
the whole OF that period, have derived no other adj
vantage from the convention than the reservation of
their rights, and the express provision that these
should IN no way be affected by the continuance Of
the British factories in the territory And now that
the tide OF migration has turned in their favor they
CttIIA rl.K .~...