The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-02-12
To Hon. JAMES BUCHANAN, Sc, &C.. Sc
MIR. Buchanan 10 Mr.. Pakenhnm.
DEPARTMENT OF STATE,

-, 4ln yen, 1910,
The undersigned. Secretary of State of the
United States, has the honor la acknowledges the
receipt OF the note of Mr. Pakenham, her Britain
MIC MaJestys envoy extraordinary and minister
Plenipoientiary, dated on The 10Th ultimo. by
winch he again proposes reference on the Ore
gon question to arbitration Under his present
proposition. the powers of the arbitrator would mt
as IN his last, be limited in terms to the division
OF the territory between the parties, but would
extend to the question of their conflicting titles
mere is, however. a condition annexed TO this
oHer which exposes it to the same objection. in
point OF tact, II not in form, which was prominent
~ presented, In the answer of the UNDERSIGNED To
Mr. Pakenham's last proposal. This condition
is, " that ifnether partyl should be found, in the
opinion OF the arbitrator, to possess a complete
tle TO the whole territory there should in thatcase
DE assigned to each that portion of territory which
would, in the opinion of the arbitratino power ba
called for by just appreciation of the respectiye
claims of each" Ii the government of the Uni
ted States should consent to an arbitration unon
such condition., this might, and probably would
De construed into an intimatiOn if not direct in
rllai'on to the arbitrator to divide the territory
between the parties.
Were 1t possible for the President under anv
circumstances to consent to refer the subject To ar
duration, the title and the title alone, detached
from every other consideration is the onIy oues
ton which could be submitted. If not confined
to single point, so strong is the natural disposi
lion OF arbtTators to please both parties that in al
most every instance, whether of national or indi
Vidnal controversies, they make a compromising
award. we have memorable example of this
IN our last arbitration with Great Britain.
Notwithstanding that the arbitrator under the
terms OF the submission, was clearly and explicit
~ c"nnned to the decision, of which was the line
OF highlands described in the treaty of peace of
1883. instead nfn uraninrr any r,,.xo ::
lands whatever, he advised that the line sh,uId
run along The bed Of a river, and actually divided
The territory IN dispute between the pa rrjes bv
The middle of the deepest channel of the ST.
John's''
Inc undersigned might content himself. in an
sWer 10 The present proposition, with reference
10 me observations, contained in his last note To
MI. faRenham of the Sd ultimo. In that il was
plainly Iniimated not only that there are "olbe,
conclusive reasons for declining The proposition.
Independently the one which had been prou
nenily stated, but ii was expressly asserted as III.
pellet ut The President, " that any attempt to re-
Ter this question {" a third power would only in
vOlve il in difficulties"
The undersigned will, however. proceed r.
stale single reason which, apart from the intrin
SIC d'hcnltIes OF selecting suitable arbitrator as
wen az other considerations that might be- adduc
ed. is conclusive on the mind of the Presden,
IN any form which can be al vised no matter what
may he the character Of The arhiIrator-w whether
sovereign, citizen subject. This reason is
mat he dues not believe the territorial rinhis of
This nation to be proper subject for arbitration
IL may be true, that, under circumstances, if the
interests at stake were comparatively small. and
u both parties stood upon an equal fooing there
might be no iuSUperable objection to such a
course.
But what is the extent Of territory in disrute
on the present occasion It embraces nearly
thirteen degrees Of latitude alung the northwest
coast OF the Pacific, and stretches eastward To the
summit Of the Rocky mountains Within its
limits several powerful and prosperous States of
the Union may be embraced. II lies couiiUDous.
on this continent. 10 the acknowledged terriiory
OF The United States. and is destined at no distant
day. TO be peopied by our citizens
This territory presents the avenue throuol,
which the commerce Of our western States can he
pro6ably conducted with Asia and the western
coasts Of this continent; and its ports. the only
harbors belonging to the United States to which
our numerous whaers and other vessels in that
region can resort. And yet, vast as are its di
mensions, 1t contains not single safe and com
modlous harbor from lis southern extremity until
we approach the 4oth parallel of latitude
II ~ tar from The intention Of the undersigned
again to open the discussion of the conflicting
claims OF the two powers to the Oregon terrific.
~. II s sufficient for him to state the continued
conviction Of the President, that the limited
States hold the best title in existance to che
whole Of this territory. Under this conviction,
he cannot consent to leopard for his country all
the great interests involved, and by any POSSIBLE
~, however remote, TO deprive the republic of all