notice, it is worthy of consideration whether a stipulation to this effect may be made, consistently with the spirit of that Convention.

The recommendations which I have made as to the best manner of securing our rights in Oregon, are submitted to Congress with great deference. Should they, in their wisdom, devise any other mode better calculated to accomplish the same object, it shall meet with my hearty

concurrence.

At the end of the year's notice, should Congress think it proper to make provision for giving that notice, we shall have reached a period when the national rights in Oregon must either be abandoned or firmly maintained. That they cannot be abandoned without a sacrifice of both national honour and interest, is too clear to admit of doubt.

Oregon is a part of the North American continent to which it is confidently affirmed the title of the United States is the best now in existence. For the grounds on which that title rests, 1 refer you to the correspondence of the late and present Secretary of State with the British Plenipotentiary during the negotiation. The British proposition of compromise, which would make the Columbia the line south of forty-nine degrees, with a trifling addition of detached territory to the United States north of that river, and would leave on the British side two-thirds of the whole Oregon Territory, including the free navigation of the Columbia and all the valuable harbours on the Pacific, can never, for a moment, be entertained by the United States without an abandonment of their just and clear territorial rights, their own self-respect, and the national honour. For the information of Congress, I communicate herewith the correspondence which took place between the two Governments during the late negotiation.

Mr. Pakenham to the Earl of Aberdeen.(Received January 16, 1846.) *£ .: 'T

(Extract.)

Washington, December 29, 1845!!

I HAVE the honour herewith to inclose a copy of an official note, which, in obedience to the instructions contained in your Lordship's despatch of 28th November, I presented, two days ago, to Mr. Buchanan, proposing a reference of the whole question of an equitable division of the Oregon Territory to the arbitration of some friendly Sovereign or State.

I did not put this note into Mr. Buchanan's hands, until I had, as likewise contemplated by your Lordship's instructions, ascertained from him that there was no disposition on the part of the United States' Government to renew their late proposal.

He read the note over in my presence, and then proceeded to say, that in point of form and language there was nothing in it to object to; but that his impression was, that the President would not accept the proposal, and furthermore, that if the President did accept it, it would not receive the sanction of the Senate.de to bred ads of mode

Nevertheless, he went on to say that the matter was too grave to be lightly dealt with; that it required and would receive the most seriou attention of the Cabinet, and consequently that it would be some days

before he should be prepared to give me an answer. 12 aid) Lovinom I doidw

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read you the rim Lede „tojda surse gdy neily 2000s et bondantes Washington, December 27, 1845. CAN attentive consideration of the present state of affairs with reference to the Oregon Question, has determined the British Government to instruct the Undersigned, &c., again to represent, in pressing terms, to the Government of the United States, the expediency of referring the whole question of an equitable division of that territory to the arbitration of some friendly Sovereign or State.

-tez Her Majesty's Government deeply regret the failure of all their -efforts to effect a friendly settlements of the conflicting claims by direct negotiation between the two Governments. They are still persuaded that -great advantages would have resulted to both parties from such a mode of osettlement, had it been practicable; but there are difficulties now in the away of that course of proceeding, which it might be tedious to remove, while the importance of an early settlement seems to become at each moment more urgent. at end wat

ad JnUnder these circumstances, Her Majesty's Government think that a resort to arbitration is the most prudent, and perhaps the only feasible, Istep which could be taken, and the best calculated to allay the existing seffervescence of popular feeling, which might otherwise greatly embarrass the efforts of both Governments to preserve a friendly understanding between the two countries.

The Government of the United States will see in the proposal which the Undersigned is thus instructed to make, a proof of the confidence of the British Government in the justice of their own claim. They will also see in it a proof of the readiness of the British Government to incur the risk of a great sacrifice for the preservation of peace and of their friendly relations with the United States. It is made in a spirit of moderation and fairness of which the world will judged 4.M

The British Government confidently hope that the Government of the United States will not reject a proposal made with such a friendly intention and for a purpose so holy

There is nothing in it, they are convinced, not perfectly compatible with the strictest regard for t for the honour and just interests of both parties, particularly when it is considered of what small value to either is the portion of territory which in reality forms the subject of controversy, compared with the importance of preserving a state of peace and goodwill between two such nations. sua Morai stout end. my fou fit I The Undersigned, &c., wort bent 19 ki z qutable signed) R. PAKENHAM. 19700 2916la boun J 501 loruq adi ad

Mr. Pakenham to the Earl of Aberdeen.(Received January 28.) ad of 976T9 00 224 19070a 501 TLKT 762 of an how at debak

*Extract.)!!! it af: 92091 Fisu, v bare bortogon Washington, January 5, 1846.

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I HASTEN to transmit to your Lordship the inclosed copy of a note which I received this morning from Mr. Buchanan, containing the answer of the United States' Government to the proposal which I was lately instructed by your Lordship to make, for referring the whole question of an equitable partition of the Oregon Territory to the arbitration of some friendly Sovereign or State.

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THE Undersigned, Secretary of State of the United States, has the honour to acknowledge the receipt of the note of Mr. Pakenham Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, dated the 27th ultimo, by which, under instructions from his Government, he proposes to the Government of the United States the expediency of referring the whole question of an equitable division of that (the Oregon) territory to the arbitration of some friendly Sovereign or State.

The Undersigned has submitted this note to the President, who, after having bestowed upon it that respectful consideration so eminently due to any proposition emanating from the British Government, has instructed him to give it the following answer.

The British Government do not propose to refer to arbitration the question of the title to the Oregon Territory, claimed by the two Powers respectively. It is a proposition to refer to a friendly Sovereign or State merely the partition or equitable division of that territory between the parties. It assumes the fact that the title of Great Britain to a portion of the territory is valid, and thus takes for granted the very question in dispute. Under this proposition, the very terms of the submission would contain an express acknowledgment of the right of Great Britain to a portion of the territory, and would necessarily preclude the United States from claiming the whole before the arbitrator. This, too, in the face of the note of the Undersigned to Mr. Pakenham, of the 30th August last, by which the President had asserted in the most solemn form the title of the United States to the whole territory. Even if there were not other conclusive reasons for declining the proposition, this alone would be deemed sufficient by the President.

The President heartily concurs with the British Government in their regret that all attempts to settle the Oregon Question by negotiation have hitherto failed. He cannot, however, concur with that Government in the opinion that a resort to arbitration on the terms proposed would be followed by happier consequences. On the contrary, he believes that any attempt to refer this question to a third Power, would only involve it in new difficulties.

In declining this proposition, the President refers to the sentiment expressed in the note of the Undersigned of the 30th August last, to which allusion has already been made, that "he cherishes the hope that this long-pending controversy may yet be finally adjusted, in such a manner as not to disturb the peace, or interrupt the harmony now so happily subsisting between the two nations."

The Undersigned, &c.,

Mr. Pakenham to the Earl of Aberdeen-(Received February 15.)

(Extract.)

Washington, January 29, 1846.

WITH my despatch of the 5th instant, I had the honour to transmit a copy of the answer which I had received from Mr. Buchanan to the note which, in obedience to the instructions contained in your Lordship's despatch of 28th November, I addressed to him on 29th of last month,

proposing that the whole question of an equitable division of the Oregon Territory should be referred to the arbitration of some friendly Sovereign

or State.

The objection of the United States' Government to that proposal seemed to rest principally, although not exclusively, on the fact that according to the terms of the proposed reference, the United States would be denied the power to claim the whole territory before the arbitrator.

My reply to Mr. Buchanan's note was a simple acknowledgment of its receipt, adding that I should take an early opportunity to transmit it to Her Majesty's Government.

On further reflection, however, it occurred to me that, in the present state of affairs, it might be advantageous to give further proof of a desire, if possible, to effect an amicable settlement of the question, by inquiring of Mr. Buchanan whether, supposing Her Majesty's Government to entertain no objection to such a course of proceeding, it would suit the views of the United States' Government to refer, not the question of an equitable division of the territory, but the question of title to the whole, to arbitration; and even to go so far as to suggest that, if the Government of the United States objected to the arbitration of a friendly Sovereign or State, some other mode of adjustment on the principle of arbitration might be adopted for the accomplishment of the object desired.

For this purpose I delivered to Mr. Buchanan, on the 16th instant, the note of which I have the honour to inclose a copy. I humbly hope that, in the step I have thus taken, I shall not have acted contrary to the wishes of Her Majesty's Government.

Inclosure in No. 34.

Mr. Pakenham to Mr. Buchanan.

Washington, January 16, 1846.

WITH an anxious desire to contribute, by every means in his power, to a satisfactory conclusion of the question pending between the two Governments respecting Oregon, the Undersigned Her Britannic Majesty's Envoy Extraordinary, &c., has reflected on the contents of the note addressed to him on the 3rd instant by the Secretary of State of the United States, in answer to that which the Undersigned had the honour to address to him on the 27th of last month.

The note of the Undersigned proposed to the Government of the United States, that the whole question of an equitable partition of the Oregon Territory should be referred to the arbitration of some friendly Sovereign or State.

In his answer, the Secretary of State informed the Undersigned that this proposition could not be accepted. That it did not propose to refer to arbitration the question of the title to the Oregon Territory, claimed by the two Powers respectively. That in proposing to refer to a friendly Sovereign or State merely the partition or equitable division of the territory between the parties, it assumes the fact that the title of Great Britain to a portion of the territory is valid, and thus takes for granted the very question in dispute. That under this proposition, the very terms of the submission would contain an acknowledgment of the right of Great Britain to a portion of the territory, and would necessarily preclude the United States from claiming the whole territory before the arbitrator; and this, too, the Secretary of State goes on to observe, in the face of his note to the Undersigned of 30th August, by which the President had asserted in the most solemn form the title of the United States to the whole territory.

་་ ་

It is not the purpose of the Undersigned, in the present note, to renew the discussion as to the title of either party, Great Britain or the United States, to the whole or to any part of the Oregon Territory. He

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must, however, beg leave, with reference to the observation which he has just quoted, to remind the United States' Secretary of State that if the Government of the United States have formally advanced a claim to the whole of the Oregon Territory, it is no less certain that Great Britain has in a manner equally formal declared that she too has rights in the Oregon Territory incompatible with the exclusive claim advanced by the United States.

This declaration arising from a conviction equally sincere will, the Undersigned is persuaded, be viewed with the same consideration by the Government of the United States as they expect that their own declaration should receive at the hands of Great Britain.

This premised, the object of the Undersigned in addressing to Mr. Buchanan the present communication, is to ascertain from him whether, supposing the British Government to entertain no objection to such a course, it would suit the views of the United States' Government to refer to arbitration, not as has already been proposed, the question of an equitable partition of the territory, but the question of title in either of the two Powers to the whole territory, subject of course to the condition that if neither should be found, in the opinion of the arbitrator, to possess a complete title to the whole territory, there should in that case bel !! assigned to each that portion of territory which would in the opinion of the arbitrating Power be called for by a just appreciation of their respec-001

tive claims.

The Undersigned has suggested a reference on the above principle, to .. some friendly Sovereign or State. This the Undersigned believes to be the course usually followed in such cases, it is that which has already been resorted to by the two Governments, and more than once. But there may be other forms of arbitration perhaps more agreeable to the Government of the United States.

There might be, for instance, a Mixed Commission, with an umpire appointed by common consent, or there might be a Board composed of the most distinguished civilians and jurists of the time appointed in such a manner as should bring all pending questions to the decision of the most enlightened, impartial, and independent minds.

In the present position of affairs, and feeling how much the interest of both countries requires an early as well as an amicable and satisfactory adjustment of existing difficulties, the Undersigned earnestly invites the Secretary of State to take the subject of this note into consideration, with a view to such an arrangement on the principle of arbitration, as may seem to the Government of the United States to be most just, wise, and expedient.

The Undersigned, &c.,

Sir,

No. 35.

The Earl of Aberdeen to Mr. Pakenham.

Foreign Office, March 3, 1846. I HAVE much satisfaction in conveying to you the entire approval by Her Majesty's Government of the steps which, as reported in your despatch of the 29th January, you took, and of the letter which you addressed to the American Secretary of State, for the purpose of ascertaining clearly and authoritatively whether the United States' Government would be disposed to admit the application of the principle of an arbitration in the Oregon Question on any other terms than those which they had already rejected.

In thus acting, you have in the most judicious and satisfactory manner anticipated the instructions which I was preparing to forward to you on this subject.