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HISTORICAL NOTE.-1818 TO 1846.'

1818.

In 1818 an agreement was come to between the Government of His Britannic Majesty and that of the United States respecting the boundary line between the British and United States territories in Northwestern America.

It was agreed in substance that for the space extending from the Lake of the Woods westward to the Rocky (then called the Stony) Mountains, the boundary line should be the forty-ninth parallel of north latitude.

With respect to any country that might be claimed by either party on the northwest coast, westward of the Rocky Mountains, it was agreed that for ten years the same, with its harbors and the navigation of its rivers, should be free and open to the vessels, citizens, and subjects of the two Powers; with a proviso that the agreement was not to prejudice any claim which either party might have to any part of that country. This agreement was embodied in a Treaty made at London, 20th October, 1818.

The district between the Rocky Mountains and the Pacific, or part of it, came to be known as Oregon or the Oregon Territory or district, the name being taken from the Oregon River, now usually called the Columbia.

The northern boundary of this district, as it was in question between the two Governments, was the parallel of 54° 40′ north latitude, being the southern boundary of the Russian territory, as recognized by Treaty. The southern boundary was the parallel of 420 north latitude, being the northern boundary of the Spanish territory, as recognized by Treaty.

The British Plenipotentiaries who negotiated the Treaty of 1818 acceded to the arrangement relating to the country west of the Rocky Mountains in the hope that by thus leaving that country open to the trade of both nations, they substantially secured every present advantage, while removing all prospect of immediate collision, without precluding any further discussion for a definite settlement. In their judgment the American Plenipotentiaries were not authorized to admit any territorial claim of Great Britain in that quarter to the southward of the Straits of Fuca, although they would have consented to leave those straits and the waters connected with them in the possession of Great Britain.

1824.

In 1824 negotiations were resumed for the settlement of questions between the two nations, including the question of the boundary west of the Rocky Mountains.

The British Plenipotentiaries contended for the right of British subjects to make settlements in the disputed territory, a right which they

1 Referred to in the Statement, page 2, par. 3.

[ii]

maintained was derived not only from discovery, but also from use, occupancy, and settlement. They proposed that Article III *of the Treaty of London of 1818 should cease to have effect, and that the boundary line west of the Rocky Mountains should be drawn due west to the point where the forty-ninth parallel strikes the great northeasternmost branch of the Oregon or Columbia River, marked on the maps as McGillivray's River, thence down along the middle of that river, and down along the middle of the Oregon or Columbia to its junction with the Pacific Ocean.

The proposal of the United States Plenipotentiaries was to the effect that the term of ten years limited in Article III of the Treaty of 1818 should be extended to ten years from the date of a new Treaty, but that the rights of settlement and other rights should be restricted during the new term, so that the citizens of the United States should form no settlements to the north of the forty-ninth parallel, and that British subjects should form no settlements to the south of that parallel, or to the north of the fifty-fourth.

Terms were not agreed on, and the Conference came to an end in July, 1824.

1826, 1827.

In November, 1826, negotiations were again resumed.

The United States proposal was, that if the forty-ninth parallel should be found to intersect the Oregon or McGillivray's River at a navigable point, the whole course of that river thence to the ocean should be made perpetually free to British vessels and subjects.

The British Plenipotentiaries were authorized to offer that if the United States would consent to the Columbia being the southern British frontier, the United States should have the harbor in De Fuca Strait, called by Vancouver Port Discovery, with land five miles in breadth encircling it.

Should this offer not fully satisfy the United States, the British Plenipotentiaries were then authorized to extend the proposition, so as to include the cession by Great Britain to the United States of the whole peninsula comprised within lines described by the Pacific to the west, De Fuca's Inlet to the north, Hood's Canal (so called in Vancouver's charts) to the east, and a line drawn from the southern point of Hood's Canal to a point ten miles south of Gray's Harbor to the south, by which arrangement the United States would possess that peninsula in exclusive sovereignty, and would divide the possession of Admiralty Inlet with Great Britain, the entrance being free to both parties.

The negotiations ended in a Convention dated 6th August, 1827. This Convention continued Article III of the Treaty of 1818 indefinitely, but with power to either party to put an end to it on twelve months' notice, (after 20th October, 1828.)

The Convention also contained a saving for the claims of either party to any part of the country west of the Rocky Mountains.

1827-1842.

Negotiations on the Oregon question remained in abeyance until the special mission of Lord Ashburton to the United States in 1842, when he received the following instructions on this subject:

Your lordship may, therefore, propose to the Government of the United States, as a fair and equitable adjustment of their,[the two Governments] respective claims, a line

of boundary commencing at the mouth of the Columbia River; thence by a line drawn along the middle of that river to its point of confluence with the Great Snake River; thence by a line carried due east of the Rocky or Stony Mountains; and thence by a line drawn in a northerly direction along the said mountains until it strikes the fortyninth parallel of north latitude. The southern bank of the Columbia River would [] thus be left to the Americans and the northern bank to the English, the navigation of the river being free to both, it being understood that neither party should form any new settlement within the limits assigned to each on the north or south side of the river respectively.

Should your lordship find it impracticable to obtain the line of boundary above described, Her Majesty's Government would not refuse their assent to a line of boundary commencing at the Rocky or Stony Mountains at the point where the forty-ninth parallel of north latitude strikes those mountains; thence along that parallel to the point where it strikes the great northeasternmost branch of the Columbia River, marked in the map as McGillivray's River; thence down the middle of that river and down the middle of the Columbia River to its junction with the ocean. But your lordship will reject the proposal formerly made by the American Government, in case it should be repeated, of following the forty-ninth parallel of latitude from the Rocky Mountains to the Ocean, as the boundary of the territory of the two States.

If the Government of the United States should refuse the proposed compromise, and should nevertheless determine to annul the Convention of 1827, the rights of the British Government to the whole of the territory in dispute must be considered as unimpaired.

This mission resulted in the Treaty of Washington of 9th August, 1842, which contained no arrangement respecting Oregon. The main reason that induced Lord Ashburton to abstain from proposing to carry on the discussion on this subject was the apprehension that thereby the. settlement of the far more important matter of the Northeastern boundary might be impeded or exposed to the hazard of failure.

1843.

In August, 1843, Mr. Fox, Her Majesty's Minister at Washington, was asked whether the United States Government were taking any steps in furtherance of the Oregon Boundary negotiation, and to state that Her Majesty's Government were willing to transfer the negotiation to Washington should the United States Government object to London. In October instructions were sent to Mr. Everett, the United States Minister in London, to treat with Her Majesty's Government for the adjustment of the Boundary. In the mean time Mr. Pakenham had been appointed Her Majesty's Minister to the United States in succession to Mr. Fox. Before his appointment had been gazetted, Mr. Everett informed Lord Aberdeen orally that he had received powers to negotiate the Oregon question in London. Lord Aberdeen, however, stated to him that a new Minister had already been appointed by Her Majesty to negotiate at Washington.

In consequence of this arrangement the negotiations were removed to Washington, and Mr. Everett stated in a dispatch to his Government' that he would use his best efforts to produce such an impression on Lord Aberdeen's mind as to the prominent points of the question as might have a favorable influence in the preparation of the instructions. to be given to Mr. Pakenham.

In an interview with Lord Aberdeen, Mr. Everett urged that the boundary should be carried along the forty-ninth parallel to the sea. Lord Aberdeen said that this proposal had been made in 1824 and 1826, and rejected, and that there was no reason for believing that this country, more than the United States, would then agree to terms which had been previously declined, and that consequently there must be conces

1 Appendix No. 19 to Mr. Bancroft's Memorial,

sion on both sides, on which principle Lord Aberdeen expressed himself willing to act.

In December Mr. Pakenham was authorized to re-open negotiations at Washington on the Oregon question. He was directed to make substantially the same proposals for the settlement of the boundary as had been made by Great Britain in 1826.

He was authorized to add, should that proposition be found to [iv] be unacceptable, that* Her Majesty's Government would be willing to convert into a free port any harbor, either on the main-land or on Vancouver's Island, south of the forty-ninth parallel, which the United States Government might desire.

Further, if he should think that the extension of the privilege would lead to the final adjustment of the question, he was authorized to declare that Her Majesty's Government would be willing to make all the ports within De Fuca's Inlet, and south of the forty-ninth parallel, free ports.

Should these proposals be rejected, he was then to propose that the whole question should be referred to the arbitration of a friendly Sovereign State.

In the event of the United States Government refusing to agree to arbitration, he was then to propose that the Treaty of 1818-27 should be renewed for a further period of ten years.

In the event of negotiations being broken off, he was then to declare to the United States Government that Her Majesty's Government still asserted and would maintain an equal right with the United States to the occupation of the whole of the territory in dispute, and that as Her Majesty's Government would carefully and scrupulously abstain and cause Her Majesty's subjects to abstain from any act which might be justly considered as an encroachment on the rights of the United States, so they expected that the Government of the United States would exhibit and enforce on their part an equal forbearance with respect to the rights of Great Britain, which rights, believing them to be just, Great Britain would be prepared to defend.

1844.

In February, 1844, Mr. Pakenham addressed a note to the United States Secretary of State proposing a renewal of the negotiations, which proposal was favorably received by him.

On 22nd August, Mr. Pakenham received a notification from Mr. Calhoun, then the Secretary of State, that he was prepared to proceed with the negotiation.

At a conference on the 26th, Mr. Pakenham laid before Mr. Calhoun the proposal authorized by his instructions relative to a free port either on the main-land or on Vancouver's Island south of the forty-ninth parallel.

This proposal was declined by Mr. Calhoun. He afterwards presented a paper (dated September 3) stating his reasons. The paper began thus:

The Undersigned American Plenipotentiary declines the proposal of the British Plenipotentiary, on the ground that it would have the effect of restricting the possessions of the United States to limits far more circumscribed than their claims clearly entitle them to. It proposes to limit their northern boundary by a line drawn from the Rocky Mountains along the forty-ninth parallel of latitude to the northeasternmost branch of the Columbia River, and thence down the middle of that river to the sea, giving to Great Britain all the country north, and to the United States all sonth of that line, except a detached territory extending on the Pacific and the Straits of

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