Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1846-02-19
To the Hon, JAMES BUCHANAN, &c. sc. &
Mr.. buchanan to Mr.. Pokenham.

department OF STATE, w AsHlNGION, 4lH fcD lCtO'
The Undersigned, Secretary of State of the u
nited States, has the honor to acknowledge the re-
ceipt of the note of Mr.. Pakenham, her Britannia
Maiestvs Envoy Extraordinary and Minister Plen-
ipotentiay, dated on the 10th ultimo by which he
again proposes a reference of the Oregon question
to arbitration.
Under his present proposition, the powers of the
arbitrator would not, 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.
There is, however, a condition annexed to this
offer which exposes it to the objection in point
of fact if not in form, which was prominently pre-
scented in the answer of the undersigned TO Mr..
Pakenhom's last proposal.
This condition is, "that if neither Tparty1 should
be found, in the opinion of the arbitrator, to pos
sess complete title to the whole territory, there
should in that case be assigned to each that por-
ton of territory which would, in the opinion of the
arbitratng power, be called for by just apprecia-
ton of the respective claims of each"
If the Government of the United States should
consent to an arbitration upon such condition,
this might and probably would, be construed into
intimation. if not direct invitation, to the arbi-
traitor to divide the territory between the parties.
Were it possible for the President, under any
circumstances, to consent to refer the subject to
arbitration, the title and the title alone, detached
from every other consideration, is the only ques.
ton which could be submitted.
If not confined to a single point, so strong is the
natural disposition Of arbitrator to please both
parties, that in almost every instance, whether of
national or individual controversies, they make a
compromising award. We have memorable OK
ample of this in our last arbitration with Great
Britain.
Notwithstanding that the arbitrator, under the
terms Of the submission, was clearly and explicitly
confined to the decision of which was the line Of
hifrItl,p1s Iosgrhpd in trpatv Of DpaCp Of I|S2
yet, instead Of pursuing any range of highlands
whatever, he advised that the line should run along
the bed OF a river and actually divided the terrific
ry in dispute between the parties by " the middle
Of tho deepest channel of the St Johns"
The Undersigned might content himself in an
swer to the present proposition with reference to
the observation contained in his last note to Mr.,
Pakenham of the 3D. ult.
In that, it was plainly intimated not only that
there are "other conclusive reasons for declining
the proposition independently of the one which
had been prominently stated, but it was expressly
asserted the belief of the President, that any
attempt TO refer this question to third power
would only involve it in new difficulties
The undersigned will, however, proceed to state
single reason which, apart from the intrinsic diff
fculty of selecting a suitable arbitrator, as well as
other considerations that might be adduced, is con-
elusive on the mind of the President against a ref
erence Of this question to arbitration, III any form
which can be devised, no matter what can be the
whether sovereign, citizen or subject
This reason is, that he does not believe the ter
ritorial rights of this nation to be proper subject
for arbitration. 1t may be true, that, under pecu-
lilr circumstances, if the interests at stake were
comparatively small, and if both parties stood
upon equal footing, there might be no insupera-
BILE objection to such a course.
But what is the extent of territory in dispute on
the present occasion 1t embraces nearly thirteen
degrees of latitude along the North west coast of
the Pacific, and stretches eastward to the summit
of the Rocky Mountains. Within its limits sever
al powerful and prosperous States of the Union
may be embraced.
1t lies contiguous, on this continent to the ac-
knowledged territory of the United States, ana is
destined, at no distant day, to be peoped by our
citizens.
This territory presents the avenue through which
the commerce of our Western States can be proi-
tably conducted with Asia and the Western cousts
of this continent; and its ports the only harbors
belonging TO the United States to which our nu-
merous whalers and other vessels in that region
can resort
And yet, vast as aro its dimensions, it contains