Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-04-04
IN SENATE-APRIL /, 1916.
THE OREGON QUESTION.

planaion.
Mr. ASHLEY accoded to the request of Mr. s., and con-
scented to yield the floor Whereupon-
Mr.. BENTON said he did rise To make any speech,
bat merely yndcate history, and the intelligence Of the
Senate, from into which the Senator from Michigan,
not in his seat, Mr.. CAss had fallen yesterday,
lying Mr. Greenhows book Oregon That book main
tanned that the commaes had acted under the treaty
of Utrecht had established the limits between the B
fish and French possessions in North America had done
thing the subject And the Senator from Michigan, hold
Mr. Grsenhow 10 be right had adopted his opinion, and
laid much stress upon the fact Of the action of these
missaros to make his future conduct upon the Oregon
question dependant upon it. If Mr. Greenhow wrong,
and the commsares had acted and established the parallel of
49' and this fact proved, he (Me b. understood the
Senator from Michigan that he would give up the Rus
limit of $40 40, and say any thing about
Oregon north Of 400. This is penalty which Mr. b.
would not have imposed il giving the line of the
treaty of Utrecht consequence and importance which he
would not have attributed to it, But the Senator from Mch
had judged for himself and judged deliberately for his
speech well prepared and his TO make his
future conduct dependant upon the of Mr. Green
hows opinion which he had quoted and adopted Mr. b.
would show, by the highest evidence that the
did act that they did establish the limits France and
Great Britain in North America and that the 10Th parallel
of the lines established and, having shown this he
would make argument upon it, would make application
OF the fact but content himself with indicating history
essential point and leave it TO the Senator from Michigan
give it the influence upon his conduct which he should
think proper.
Mr.. b. then made statement Introductory to the proofs
which he TO Introduce and showing how the treaty Of
Utrecht had become applicable to this question of boundary
between the United States and Great Brta grew out of
the purchase OF LOUISIANA and coeval with that purchase
II known 10 every body that the northwestern of
the United States could be closed because there
impossible call in the treaty of 1888 1t called for due west
from the Lake Of the Woods to the Mississippi, when
such would strike the Mlsssspphe lake be-
ing north of the head of that river Upon the supposlon that
the line due west from the lake would strike the river, the
right to It's free navigation granted to the British by the
treaty Of peace but finding that the line would not strike
the river, the struggle began between the counteson
the part of the British to defect the line down south
west and thus to the river and with this arrival upon that
stream TO the enjoyment of its navigation. The srng
gle the part Of the United States prevent this
sequenceto close the line without yielding the navigation
and this contest had continued twenty years, when treaty
signed in London to terminate this contest 1t in
the year 1903, Mr. Jefferson being President and Mr. Rufus
King Minister in London for in those days, Ministers
not rapidly changed upon change Of Administration
has sometimes since occurred
The fifth article of the treaty then signed DETECTED the line
so to reach the Mississippi the shortest and this
done in conformity to instructions from the Government
Of the United States This treaty signed in the spring
of 1909 and it happened that about the time
namely twelve days before the signature of the treaty in Lon
donthe treaty, without the knowledge of Mr. King for the
sale of Louisiana to the United States signed The
treaties arrived the United States together and Mr. Jefferson
Immediately the advantage which the Louisiana treaty gave
him in cutting off forever the British, both from the navga
ton of the Mississippi and the whole valley of that
to any in Europehe that the acquisition Of Lou
sana put in the shoes of the French in all their treaties
applicable to that provinces that especially made party
To the treaty OF Utrecht the benefit OF the line 40,
established under that treaty and he Immediately determined
recommend to the Senate the rejection of the fifth article of
the treaty signed London and rely afterwards upon the
Utrecht treaty matter Of right to force the British out Of
the valley Of the Mississippi The Senate concuncd with
him. They rejected the fifth article of the treaty and then
the double duty presented itself be performed London
The rejection Of the article Of the treaty be usd
the treaty OF Utrecht be plead against the British,
end to their darling desire to obtain the navigation othe
MissssPpi The first delicate duty, The non-rssf-
cation OF treaty. concluded under instructions except Tor
good by the law of nations, injury the adverse
Power implying breach of faith but little short of the
nifty of violating the treaty after its ratification. To
show this good causeto justify ourselves for seeming breach
of aith-was the immediate of Mr. Jefferson aud i'm
medatey after the Senate had acted upon the treaties
namely, the 18th of February, 1904 Mr. Madison Secre-
,ay Of State, wrote to Mr. Monroe MR. King having asked
leave to return when he had concluded his treaty. bring
this delicate business before the British Government and
sy them at upon the point OF the ratification Of the
fifth article The treaty Of Utrecht furnished the justification
and Mr. Monroe instructed to urge it accordingly.
Mr. b. said this extraordinary statement brought him the
production of his authorities He would have
10 the language OF Others and would read paragraph from the
first letter of Mr. Madison to Mr. Monroe this subject
eff the fifth article be expunged, the north boundary of
Louisiana will, reasonable remain the in the
hands of the United States was in the hands of France
and may be adjusted and established according 10 the pr-
4
applicable. There believe that the boundary
between Louisiana and the British territories north OF were
actually fixed by commissioners appointed under the treaty
oil Utrecht and that this boundary from the Lake
oil the Woods westwardy, in latitude 19 degrees in which
case the fifth article would be nugaory line the
Lake OF the Woods to the Of the Mississippi
would run through territory which, on both sides of the ne
would belong to the United States Annexed is a paper
stating the authority which the decision of the commits
siones under the treaty of Utrecht rests and the reasoning
opposed to the construction making the 49h degree of a
tude the northern boundary of Louisiana with marginal
notes III support OF that construction. This paper will put
you more readily into possession of the subject it may
enter into your discussions with British Government
But you will perceive the necessity of recurring the pro-
cecdngs of the commissioners the source of authentic in
formation These not within reach here, and it
must consequently, be left your own researches and
Judgmento determine the proper to he made Of them
Mr. b. remarked upon the language of this extract The
Tact OF the commssaes having acted assumed certain
the precise terms of their act and the construction Of those
TERMS not exactly known and Mr. Monroe directed
to examine the proceedings Of the commissacs in London
to ascertain the partcuarsand according his ndp-
ment Mr. Monroe did So and found not the least difficulty
either branch Of bis duty. The justification for the non
ratification OF the boundary clause have been hed
without word did the other branch of the subject en-
counter the least difficulty The Utrecht treaty carried all
through But let Mr. Monroe speak for himself In his letter
to MIR. Madison of September s, 1904, he says
"We then proceeded TO examine the convention respecting
1.-THE boundaries in the light in which the ratification by
the President presented it. On that subject Also omit
ted nothing which the documents possession enabled
me TO say aid of which Thought advisable few DAYS
afterwards TO send to his lordshp note explanatory o the
motives which induced the President and Senate to decline