Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1846-02-12
Mr.. buchanan to Mr.. Pakcnham.
DEPARTMENT or STATE,
Washington, 4ib Feb. 1876.

The undersigned, Secretary of State Of the
United States, has the honor to ackpow ledge
the receipt Of the note Of Mr. Pakonham, her
Britannia Majcsty's envoy extraordinary and
minister plenipotentiary, dated on the 10th ul-
timo, by which he again proposes reference
OF The Oregon question to arbitration.
Under his proscn, proposition, the powers OF
the arbitrator would not, in his last, be limit
ed in tsrn,s To tho division of tho territory be-
tween the parties, but would extend to the
question of their conflicting titles.
There is, however, a condition annexed to
this offer which exposed il to tho same objcc.
ion, ia point of fact, if not ,in form, which was
prominently presented liz the answer of the
undersigned To Mr.. Pakenham's last proposal
This condition is, "that if neither [party |
should be found, 10 tho opinion Of the arbitra-
tor, to possess complete tito to tho whole
territory, there should in that case be assigned
to oach that portion AZ fterritory which would
in the opnion Of the arbitra,ins power, be call
cd for by Just appreciation OF the respective
claims of each"
IL tho government OF tho United States
should consent to an arbitration upon such u
condition, this might, and probably would, be
construed into an in,imution, IL not direct in.
,ita,ion, TO tho arbitrator 10 divide Tho territory
between tho parties.
Were il possible Cor the President, under any
circumstances, Ia consent 10 refer tho subject
to arbitration, the title, and the title alone, de-
tached from every other consideration, ia the
only question which could DO submitted.
u not confined to single point, 80 strong
is tho natural disposition oi arbirators to please
both parties, that in almost every instance,
whether Of national nr individual controversies
they mako compromising award. We have
4 memorable example OF this in our last arbi
lTation ith Groa, Britain.
Notwithstanding that the arbitrator, und"l
tho terms of tho submission, was clearly and
explicitly confined to the decision Of which
was the line Of highlands described in the
treaty Of peace Of 1888, yot, instead Of pursuing
any range of highlands whatever, he advised
that the limo should run along the bod OF a
river, aud actually divided the territory in dis
puie between tho parties by "the middle o
the deepest channel Of the 81. johns.
The undersigned might content hlmso'i, IN
answer to tho present, proposition, with rofo
renee to the observation contained in his las
note to Mr.. Pakephpm OF the Sd ultimo
In that, il was plainly intima,ed not oniy
that there arc 'Other conclusive reasons tor de
Ginning tho proposition Independently OF ih'
on. which had been prominently stated, bu
il wnsexprcssiy asserted ~ the belief OF th'
President "that any attempt 10 refer this quss
,ien % a third power would only inyo!ve II IL
new difficulties
The undersigned will, towoyor, proceed y
state a single reason which, apart from the in
,riusic difficulty Of selecting suitable arbira
tor. n. we'll ~ other considerations that nigh
he adduccd, is conclusive on the mind OF tn
President against n reference of this question
10 arbitration, in any form which can be de
vised, no matter what may DO the character o
tho arbtrntor--whothor sovereign, citizen o
subject.
The reason is, that no doos not believe ia
territorial rights of this nation To DO proPe
subject for arbitration. IL may be true, That
under peculiar circumstances, Al the interest
at stake were comparatively small ana II Dol
parties stood upon an equal oiing,thcrc NIGH
hs no insuperabo objection to such course
Rut what is the extent Of territory in disput
an the presont occasion? VI embraces ncar'
thirteen degroes oflatitudc along tho northwc'
coast Of the Pacific, and stretches eastward
the summit of the Rocky mountains. With
its iimits several powerful and prosperou
s,ates Of tho Union may be embraced.
II lies contiguous To this continent, 10 th
acknowledged territory Of the United Staic
and is destined, at no distant day, to 10 people
by our citlzsUs.
This territory presents the avonuo throug
which tho commerce Of our Western siat,
can bo pro6tnbly conducted with Asia and III
Western coasts Of this continent, aud III port
Tho only harbDrs belonging ~ tho Un'to
States To- which our numerous whaiors an
other ycssols IN that region eau resort.
And yot, vast ~ are it's dimensions, II COZ
ta;ns not n single saio aud coiDnodious barb,
from it's southern extremity until we approac
tho 40th parallel of latitude.
Iii, far from tho intention Of the undcrsgnc
ss,;o to omen tho discussion oi tho conillciin
claims of tho two powers I" tho Oregon tiers
- 4, 4. .ulIicicnt for him tp state the cot