The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-19

slsslppl and is tributaries to their head wa
tiers. II was also the understanding at the time
that u was separated from the British possessions
IN North America by tho 49th parallel Of latitude
extended westward from the Lake of the Woods
indefinitely. Mr.. Monroe in paper presented to
LoId narrowly IN 1904, at London, stated that il
had been SO settled by commissioners appointed by
France and England under the treaty Of Utrechl
ana the statement was not impungned or objected
10. l am aware that a doubt has been recently
raised as TO the fact of such line having been
agreed on; but after nearly century and half il
Is questionable whether we can deny arrange
ment which has been acqulesced IN as having been
made by the competent authority at the proper
time, even though no sulhentic record Of the meet
ing OF the comm lssioners can be found. Other per-
sons were employed by the government to survey
portions OF Louisiana, and these cOtempoaneous ex-
peditions must be regarded by the world pub.
lie manifestation Of the intention of the United
States to assert all the rights she might justly claim
by discovery otherwise TO the sovereignty Of the
country between the Mississippi and the Pacific
ocean.
In 1906 Mr.. Frazer, an agent Of the Northwest
Company, formed establishment on FraZers
lake in the 54th parallel Of latitude; and this Was
the hrsl establishment ever made by British subjects
west OF the Rocky mountains.
In March, 1911, the Pacific Fur Company, Of
which John Jacob Astor was the principal, formed
an establishment at Astoria, on the south bank OF
the Columbia river, about ten miles from its mouth,
having first established themselves on the north
bank and this was the first settlement made on
the Columbia or in the territory watered by that
rlyer or Its tributaries, excepting two temporary
| establishments in 1909 and 1910, formed also by
American citizens which abandoned in
consequence OF the officially Of obtaining provisions
and other EMBELLISHMENTS. The Astoria company
also formed an establishment in 1871, on the Okla.
nagon, a tributary entering the Columbia on the
north side, between the 46h and the 49th parallels
OF latitude; and IN 1912 another near II the Spro.
kao, also tributary Of the great river.
Ia 1913 the Pacific Company, in consequence OF
the embarassnents growing out Of the war OF
1872 with Great Britain, sold Its establishments,
furs, and stock in hand" (ncluding the posts on
the okanagon and the Sprokan) to the Northwest
Company; and few days afterwards the British
sloop. of-war Rnecoon arrived, took possession Of
the place, and hoisted the British flag.
By the treaty Of Client, in 1915, It was stpula-
ted that "sl territory, places, and possessions
whatsoever taken by either party from the other du-
ring the war or which may DO taken after the sign
ing Of this treaty, excepting only the islands here
inafter mentioned shall be restored without delay "
In compliance with this stipulation the establish
ment at Astoria was restored to the United States.
The compliance was full unconditional, and with
out reservation Of any sort. No claim was Get up
by Great Britain in her written communications
with the United States on this subject the time
Of the restoration, IN respect any right of sover-
eighty or domain IN the territory thus restored.
The British minister at Washington had it is true
year before objected TO the restoration on the
ground that the place had been purchased by the
Northwest Company, and thatit had "been taken
possession Of IN his mnjesty's name, and had been
since considered az forming part Of his maiesty's
domialons." The objection was virtually abandon
ed by the restoratlon and the place was restored
without written protest reservation, the ground
Of the objection may be regarded as having been
considered wholly untenable 10y those who raised
II. In this transaction, in all others relating to
the territory Of Oregon, the government OF the
United Suites maintained clear and unequyocal
terms its light Of sovereignty In its instructions to
Capt Badle IN 1917, 1t directed him to proceed to
the mouth Of the Columbia and there ito assert the
claim of the United States to the sovereignty of the
adjacent country, IN friendly and peaceable man
ner, and without the employment Of force" This
order he executed on the 9th Of August, 1918, by
taking formal possession Of the country the
The formal restoration Of Astoria was made on the
9th OF October, 1918; and in fourteen days after
wards ION the Doth October) convention was
agreed on by the United States and Great Britain,
containing the following article:
"Asra It agreed that any country that may be claimed
ward OF the Stony mountains, SHALL together with its bar
ors bays and creeks and the navigation Of all rivers it'll
Il the sa%s be free and the term Of years from
vessels citizens and subjects Of the two powers: being
to the udice Of any claim which either the
contracting parties have to OF the said
try nor shall it be taken to affect the claims OF other
State to part of the said country the only OBJ
ect Of the high contracting parties in that respect being
to prevent disputes and differences among themselves
On the 9th of August, 1927, the main provisions
Of the foregoing article were renewed by the fol-
lowing convention:
"ART All the provisions OF the third article of the
sention concluded between the United States OF America
and his Majesty the King of the United Kingdom of Great
Britain and Ireland the Goth Of October 1915 shall I've
and they hereby further indefinitely extended and
tnued in force in the all the provisions
of the said article were herein specifically recitcd
Arr 1t shall be competent however to either of the
contracting parties in either should think fit any
after the goth October, 1923, giving due OF
twelve months to the other contracting party annu and
ubrogae this conventions and shall in such be
cordngy entirely annulled abrogsed after the expra
ton Of the said term Of notice.
ART 8 Nothing contained in this convention in the
hereby continued in force shall be construed impair
in any affect the claims which either OF the
tracing parties may have to part of the country west
ward OF the Stony Rocky mountains"
On the basis Of these two treaties the relations OF
the two countries IN respect TO Oregon now rest;
and in order to ascertain what the rights of the
contracting parties to the territory in dispute we
must revert to the year 1878, the status quo be-
fore they entered into; for it. as has been seen
nothing contained in the treaties can prejudice in
any their respective claims, no acts done
since by settlement or otherwise create, in re-
spect to the territory IN question, any rights which
did not exist then.
This position was taken with char actcristic vigor
and brevi,y by the distinguished senator from South
Carolina Mr. CALHouN] sitting before me, in a
note dated the Sd Of September, 1914, and address,
ed to Mr. Pakenham, while the senator was atting
in the capacity of a negotator
Sir, wish to be distinctly understood on this
point for the reason that the Hudson Bay Company,
in which the Northwest Company has been merged,
has for several years been extending it's estab-
lshments, and because, in the negotiations between
the British government and ours, it has been
once, at least, if not more than once, intimated
by the former that British subjects had in
terests there which it was found to protect.
These establishments have been made with full
knowledge of the spuations of the conventions en-
tered into between the two countries; and no
ground, even the ground Of equity can any claim
be set up on the basis of these newly-created in.
terests. To agree to suspend the settlement of the
controversy and then to draw from acts done by
Of the parties during the supervision new arguments
in favor Of its side of the question, is not only
repugnont to every rule of fairness, but it is vio-
stion of the letter well the spirit of the agree
| nd ,d. def nf hp obi IN