, 1859-10-07

2 there is no fe' simple title to give a con
, Structive possession to what is not enclosed
5 | am willing to understand the article lib
/ orally, and to execute it generously; but il
Strictness there can be no lawful possession
, in Oregon, (unleSs the dcrunct treaty woulC
| impart that charactcr,) the persons now
there being, in the eye of our law, intruder,
and trespassers; certainly grants Of lane
, will be made to our citizens there, but, il
} legal contemplation, they are trespassers.
, The fourth article applies to the Puge
} Sound Agricultural Company, and siipu
lates for the confirmation of the lands he
|, longing to them, or their transfer at valua
ton, to the United States, if deemed O.
public or political Importance to this coun
try. The article is in these words:
"rhe farms, lands, and other property Of
every description, belonging to the Puget's
Sound Agricultural Company, on the north
side Of the Columbia river, shall be con
frmed to the said company. In case, how
ever, the situation of these farms and lands
should be considered by the United States
to be Of public and political Importance,
and the United States Government should
siguify desire to obtain possession Of the
whole, or Of any part thereof, the property
so required shall he transferred to the said
Government at proper valuation, to be
agreed upon between the parties"
The option of taking the lands. of this
company at valuation, render the conGrma-
tory clause entirely harmless. The valua-
tion eau but little exceed the improvement,
and for these it is fair and equitable that
payment should be made. The only settle
ment Of this company is at Nisqually Bay,
on PugePs Sound, which Capt. Wilkes de-
scribes as small in extent, and inferior in
locality. The company can claim no grants
beyond their possessions. Neither our laws
nor British laws admit the validity of In
dian grants; and under the treaty of occu-
patton neither party cOnd ALLEVIATE the soil.
This company is in the Olympic district
and it will be of public and political i'm
por.ance that no foreign company should
be established there. The Olympic dis
trict is detached from the valley of the Co
lumbia--s fertile and picturesque
square of mountains and valleys on the sea.
coast-and will makea fine American set
Element of about one hundred miles every
way. Puget's Sound and its waters will
afford select positions for naval stations;
but it is too far inland, has too little eoun.
try dependent upon it, and too long On ap-
proach through straits and channels, to be
commercial position; and since the excel
lence of the month of the Columbia as
harbor has been vindcated, it is not need.
ed for such a purpose. A naval station,
especially for large ships, may be establish,
ed there; and in that point OF view il NAV
be of public and political Importance that
no foreign company should be there. II
the article had been simply for the confirm
alton of their lands to the company,
should have had great objections to it; but
the option Of taking them at valuation re-
moves that difficulty.
In my high and responsible character Of
constitutional adviser to the President. 1
gave my opinion in favor of accepting the
propositions which constitute this treaty.
| now advise its ratification. The FIRST
article is in the very terms which / would
have used; and that article constitutes the
treaty. With me it is the treaty. The
remaining three articles are subordinate
and incidental, and only intended TO facili-
tate the execution of the first one The
great question was that Of boundary. On
that point hung the issues Of peace or war.
That being settled, statesmen do not per-
nit subordinate and accessorial matter to
balk the great conclusion. In this spirit
the British Ministers have acted. They
have not made their proposition an ultima
tum they leave it open to our objections,
and Of course to notifications. /
have no doubt the three minor articles
might be modified to my entire satisfac-
tion; but tue question with me is, whether
the difference is worth the delay 2 And
am very clear that II is not. The whole
business Of the country requires the politi-
cal relations Of Great Britain aud the Uni
ted States to be settled. The country has
suffered too much already. Not farmer
but what has suffered in the price Of bis
k..N -. 4