The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-04

northern boundary Of our just claim, because fo
many years Il was assumed as such by our govern
ment, and that We are bound by les early course il
this controversy. That the treaty Of Utrecht, ID
l7l5, between France and England, provided for The
appointment OF commissioners 10 establish line o
division between their respective colonies upon tn,
continent of North America and that this parallel o.
ago was thus established The honorable senator
from Georgia, In his remarks few days since, il
he did not abandon this pnetenson, still abandoned
all reference TO H. IN the support Of his position He
commended that the parallel Of ago was our bounda-
ry, but for other reasons. In the view am
king sir, my principal object, as will be seem is TO
show that at full liberty ASSERT claim 10
the country north of 49o, unembarrassed by the
early action of our own government, by showing
that the government led into respecting il
rights by an historical statement, probably naceu-
rate in itself certainly inaccurate IL applied 10 Oregon,
but then supposed TO be true in both respscs. Now
what was this error ID the assertion have Just
mentioned, that agreeably TO the treaty Of Utrecht,
the parallel OF ago established asa boundary, and
having been continued west, had become the
northern limit Of Oregon, at least or our Oregon,
Upon this ground, andupon playground alone, rest
ed the actions and the pretenslons OF our govern
ment in this matter. So far, then, any question
Of national faith justice is involved in this sub
ject, we must test the proceedings Of the govern
ment by It's own views, not by other considerations
presented here at this day. The government Of the
United States gave to that Of Great Britain their
claim, and their reasons for il. Tha, claim first
stopped at 40, while the treaty Of Utrecht was
supposed TO affect il, part of louisiana, and be-
fore we had acquired another title by the acquisi-
tlon Of Florida. Since them Il has been ascertaned
that that treaty never extended 10 Oregon; and we
have strengthened and perfected our claim by another
purchase. Ii is for these that confne
myself to what has passed between the two govern
ments, with view TO ascertain present obliga-
tons, and omit the considerations prevented by
the honorable senator from Georgia. | will barely
remark, however, that in the far most important
fact to which he refers affecting the extent of our
claim-to wit the latitude of the source ofthe Column
ba rver-he is under a misapprehension. Heputs
il at 49o. But il is far north Of that IL is nayiga-
bic by canoes to the three forks about the latitude Of
$50. How far beyond that is its head spring know
not.
Mr.. Greenhow, in his work on oregon-a work
marked with talent, industry, and cauton---has ex-
planned how this Misrepresentation respecting the par
allel of 400 originated. He has brought forward
proofs both positive and negative, to show that
no such line was established by the treaty of
Utrecht, by commissaIies named carry its pIo-
visions into effect. shall not 90 over the subject,
but beg leave to refer the gentlemen who maintain
the contrary opinion, to the investigations they will
find in that work. The assertion, however, has
been so peremptorily made, and the conclusions
drawn from it, il true, and If the line extended TO
Oregon would dlscredit so large portion Of IT,
tie to that country, that may be psrdoned for brief
ly alluding to one two considerations which seem
to TO demon strate the respecting this as.
sumed line Of parallel Of 49o any in its extern
sion to Oregon. ......
1t will be perceived sir that there are two aues-
tons involved in this matter One purely hisori-
cal question, whether commssares acting under the
treaty Of UreC It,, established the parallel Of ago
the boundary between the French and English pos
sessions upon this continent; and the other pract
cal one whether such line tended west to the
Pacific ocean. .... Az. .... ..
As to the frat, sir, | refer honorable senators to
Mr. Greenhowh work, and to the authorities he
quotes. do not presume to speak authoritatvely
upon the question: but do not hesitate to express
my opinion that Mr.. Greenhow has made out
strong case; and my own impression is that such a
line actually and officially established. STILL
sir, do not say II Is point upon which there
may not be differences of opinion, that however
1t may be ultimately determined, the solution of the
matter will discredit the judgment Of any one. This,
howry er, haI relation 10 the line terminating with
lhe Hudson bay possessions and M have observed,
the fact IL mere question Of history, without
the least bearing upon our controversy with Eng.
land.
| have, however, one preliminary remark to make
in this connexion, and It is this: let him who as
serts that our claim west Of the Rocky mountains
is bounded by the parallel of 400, prove it. The
burden is uponhlm, not upon us. IL commissartes
uDucT TIC Uedty Ot OueCut IL, prouuCe
their award. Proof oft, if IL exists, to be found
in London or Paris Such act not done
without leaving the most authentic evidence be-
hind it. Produce it. When was the award madei
What were its terms' What were its circumstan-
cesi Whya suit between man and man for an
inch Of land, would not be decided by such evidence
this, especially discredted it is, any court of
the United States. The party claiming under it
would be tod There is better epidence in your po,per
Seek IL in London Paris and bring tor1oard The
fsd copy Of the proceedings Of The commissioners This
is equally the dictate of common sense and of COM
mon law, and there is not always the same union
between those high tribunals as many know, to
their cost. Let no man, therefore, assume this
line as a barrier to his country's claim with out
proving it.
This line is first historically made known in the
negotiations between our government and that Of
England by Mr.. Madison, in a despatch to Mr.. Mon
roe in 1904. Mr. Madison audes to an historical
notice he had somewhere found, stating that COM
missloners under the trea of Utrecht had established
the line of 49o as the boundary Of the British and
French possessions, thus fixing that parallel as the
northern boundary Of Louisiana. have examined
this despatch, and find that he speaks doub,fully
respecting the authenticity of this notice; and desires
Mr.. Monroe, before he made it the basis of n prop
ostion to ascertain if the facts were truly stated,
as the means of doing 30 were not to be found in
this country Mr.. Monroe, however, could have
made no investigation; If he did so, it must have
been unsatisfactory for he transmits the proposition
substantially in the words of the historian Douglas,
from whom, probably, Mr.. Madison acquired this
notice, without reference to any authority either
historical or diplomatic.
| cannot find that the British government ever
took the slightest notice of the assertion respecting
this incident, growing out Of the treaty Of Utrecht,
though it has been referred than once by our
diplomatic agents in their communications 10 the
British authorities since that period.
But in late years, it has disappeared from the
correspondence and neither party has adverted to it
relied upon it. 1t is strange, indeed that in this
body we should now assume the existence Of a fact
like this supposed to have most important bearing
upon the rights Of the parties when the able to
whose custody the maintenance Of these rights has
been recently committed, have totally abandoned il
in their arguments and illustrations. The assump-
ton was originally an erroneous one-certainly So
so far respects Oregon; but while it was believed
to be true, the consequences we're righfuy and hon.
esty carried out by our government, and the line
was claimed as boundary. But our government is
now better informed, as the British government no
doubt, always were, and thence their silence upon
the subject; and the titles Of both parties inyesti
gated without reference to this historical error to