Relations with Great Britain.

DEPARTMENT OF STATE, Washington, January 3, 1846. The undersigned, Secretary of State of the United States, has the honor 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 ex-sideration. pediency 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 to it the following

1ST SESS.]

Relations with Great Britain.

[FEBRUARY, 1846.

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, be as-is the only question which could be submitted. If signed to each that portion of territory which would, in the opinion of the arbitrating power, be called for by a just appreciation of the respective claims of each.

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 interests of both countries require 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 takes advantage of this opportunity to renew to the Hon. James Buchanan the assurance of his high consideration.

R. PAKENHAM.

To the Hon. JAMES BUCHANAN, &c., &c., &c.

Mr. Buchanan to Mr. Pakenham.

| should, in that case, be assigned to each that portion of territory which would, in the opinion of the arbitrating power, be called for by a just appreciation of the respective claims of each. If the Government of the United States should consent to an arbitration upon such a condition, this might, and probably would, be construed into an intimation, if not a direct invitation, to the arbitrator 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, not confined to a single point, so strong is the natural disposition of arbitrators to please both parties, that in almost every instance, whether of national or of individual controversies, they make a compromising award. We have a memorable example 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 highlands described in the treaty of peace of 1783, 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 territory in dispute between the parties by "the middle of the deepest channel of the St. John."

The undersigned might content himself, in answer to the present proposition, with a reference to the observations contained in his last note to Mr. Pakenham, of the 3d ultimo. 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 as the belief of the President, "that any attempt to refer this question to a third power would only involve it in new difficulties."

The undersigned will, however, proceed to state a single reason which, apart from the intrinsic difficulty of selecting a suitable arbitrator, as well as other considerations that might be adduced, is conclusive on the mind of the President against a reference of this question to arbitration, in any form which can be devised, no matter what may be the character of the arbitrator-whether sovereign, citizen, or subject. This reason is, that he does not believe the territorial rights of this nation to be a proper subject for arbitration. It may be true, that, under peculiar circumstances, if the interests at stake were comparatively small, and if both parties stood upon an equal footing, there might be no insuperable objection to such a course. But what is the extent of territory in dispute on the present occasion? It embraces nearly thirteen de

DEPARTMENT OF STATE, Washington, February 4, 1846. The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of the note of Mr. Pakenham, her Britannic Majesty's Envoy Extraordinary and Minister Pleni-grees of latitude along the north-west coast of the potentiary, dated on the 16th 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, as 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 same objection in point of fact, if not in form, which was prominently presented in the answer of the undersigned to Mr. Pakenham's last proposal. This condition is, "that if neither [party] should be found, in the opinion of the arbitrator, to possess a complete title to the whole territory, there

Pacific, and stretches eastward to the summit of the Rocky Mountains. Within its limits several powerful and prosperous States of the Union may be embraced. It lies contiguous on this continent to the acknowledged territory of the United States, and is destined, at no distant day, to be peopled by our citizens. This territory presents the avenue through which the commerce of our Western States can be profitably conducted with Asia and the western coasts of the continent; and its ports the only harbors belonging to the United States to which our numerous whalers and other vesels in that region can resort. And yet, vast as are its dimensions, it contains not a single safe and com

modious harbor from its southern extremity until we approach the 49th parallel of latitude.

It is far from the intention of the undersigned again to open the discussion of the conflicting claims of the two powers to the Oregon territory. It is sufficient for him to state the continued conviction of the President, that the United States hold the best title in existence to the whole of this territory; Under this conviction, he cannot consent to jeopard for his country all the great interests involved, and by any possibility, however remote, to deprive the republic of all the good harbors on the coast, by referring the question to arbitration.

[29TH CONG.

as to the issue of peace or war, had materially changed. One means of settlement had been taken away-namely, arbitration. The proposition for arbitration had been refused by the Executive branch of the Government; and, he thought, very properly refused. He believed that the people of this country would set the seal of their approbation upon the course pursued by the Executive, as disclosed in the correspondence which had been communicated to Congress. But, at the same time, he feared that course would impose on the representatives Neither is the territory in dispute of equal, or of the people in Congress the imperative duty nearly equal value to the two powers. Whilst it is of preparing for war. Entertaining this belief, invaluable to the United States, it is of compar- he would be in favor of amending the bill by atively small importance to Great Britain. To her striking out that part which makes it discreOregon would be but a distant colonial possession tionary with the President to order the compleof doubtful value; and which, from the natural pro- tion, arming, and equipping of the vessels now gress of human events, she would not probably long on the stocks, and would direct that this work enough enjoy to derive from it essential benefit; be commenced instanter, in order to give confiwhilst to the United States it would become an in-dence to the people of this country, by evincing tegral and essential portion of the republic. The a determination to be prepared for any emergain to Great Britain she would never sensibly feel; whilst the loss to the United States would be irrepa-gency. Gentlemen of the Far West, with the exception perhaps of the Senator from Indiana, did not properly appreciate the imminent danger which hangs over the south-eastern coast in the event of a war. There was not a gun mounted on the whole line of the coast. In Florida they almost despaired heretofore that the Government would do them justice, there was so much of sectional feeling standing in the way; but here was a measure which was so that he trusted there would be perfect unanimfree from any thing like a sectional character,

rable.

The undersigned is perfectly aware that such considerations can have no bearing upon the question of the title of either party. They are presented solely for the purpose of explaining the views of the President in his refusal to adopt any measure which would withdraw our title from the control of the Government and people of the United States, and place it within the discretion of any arbitrator, no matter how intelligent and respectable.

The President cordially concurs with the Government of Great Britain in desiring that the present controversy may be amicably adjusted. Of this heity in its support. It was a matter of national has given the strongest proof before the whole concernment, and one which imperatively deworld. He believes that, as there are no two nations manded their attention at this particular crisis on the earth more closely bound together by the ties of our affairs. of commerce, so there are none who ought to be more able or willing to do each other justice, without the interposition of any arbitrator.

The undersigned avails himself of this occasion to renew to Mr. Pakenham the assurance of his high consideration.

JAMES BUCHANAN.

Right Hon. RICHARD PAKENHAM, &c.

The message and documents were then ordered to be printed, and referred to the Committee of the Whole on the state of the Union.

IN SENATE.

MONDAY, February 9.
Naval Augmentation-Oregon.
The bill for the increase of the navy having
been taken up,

Mr. WESTCOTT, after proceeding at considerable length with an examination of the various details of the bill, adverted to the necessity which existed for the adoption of the measure. He was in favor of its passage, as before stated, considered as a peace measure; but if we were to have war, its passage ought not to be delayed for a moment. And he confessed that within the last three days the aspect of the question,

Sir, (said Mr. W.,) I have no feelings of friendliness for Great Britain; none whatever. There are reasons, perhaps, why, more than those of most men, my feelings should be otherwise. I will not subject myself to the charge of egotism by repeating those reasons, but I will refer to one of them. Sir, I saw the torch which wrapped this Capitol in flames applied by the hand of the incendiary; and although the hero of New Orleans, near the end of the struggle, in some degree avenged the act, yet no American, when he reflects upon it, can fail to have enkindled in his bosom a feeling of resentment against the perpetrators. Sir, I have no feelings of friendliness towards that nation; none whatever. If war should once be declared, my whole soul and my whole strength will be exerted on the side of my country. Sir, I will not be accused either of being one of those who are influenced by any dread of England's power, when I say that I deprecate a war with her. I do not fear the ultimate result of a conflict with that proud and powerful nation, for I believe that we can conquer again, as we did in the revolutionary war and in the war of 1812; but I dread the effects of war under any circumstances.

I said, when I had last the honor of address

1ST SESS.]

Naval Augmentation-Oregon.

[FEBRUARY, 1846.

able Senator was mistaken in supposing that he had at any time asserted that war was inevitable, and much more so in supposing him to be an advocate of war.

ing the Senate, that I would not express any | opinion as to the probability of a war; but occurrences since have changed my mind upon that subject; and I grieve, I lament to say, I believe the omens now are of war, inevitable war. Sir, whether the contemplated notice be given or not-whether we pursue strictly the course of policy indicated by the President or not-I fear there are elements at work-I fear there are causes which, whatever may be our course, will in a short period of time result in a conflict between this country and Great Britain. If we do not give notice, as the settlement of the country goes on, conflicts will arise between British and American settlers, and those conflicts will most probably involve the two nations in war. I agree entirely with the honorable Senator from Michigan that this will be the case. On the other hand, if we give the notice, England, armed to the teeth as she is, may think it expedient to send to our shores the armament which she has been engaged for so many months in preparing; and the least hostile indication on her part will arouse within the breasts of the people of this nation, feelings which are already sufficiently excited. Is not the position of affairs, then, indicative of war? May not the honorable Senator from Michigan with much reason now say that war is inevit-ernment entertained no more idea of getting able?

Mr. MANGUM said he was desirous that the sense of the Senate should be tested now upon the question of postponement to a future day for consideration-not that he was opposed to the adoption of a suitable measure for placing the navy in a proper condition, but there were gentlemen who represented this bill as being a peace measure, and others who represented it as being a war measure, while, as he believed, a large majority of that body were utterly opposed to the course which the negotiations had taken, and especially that portion of them which was developed in the last correspondence. As he believed that the spirit manifested in that correspondence was not satisfactory to a majority of that body, he was desirous that, in the present crisis, if it were a crisis, there should be a distinct manifestation of the sense of the Senate. He believed, and he spoke for himself only, that a system of delusion, which could not be altogether disguised, had been attempted to be kept up, in order to affright, to irritate, to arouse the people of this country, while the man who is at the head of the Gov

into a war than he (Mr M.) did of encouraging such a course. And he would take the responsibility of saying (and such was the estimate which he entertained of the ability with which the thing had been conducted) that if he had more confidence in the sagacity and statesmanship of those who have the control of public affairs, he would feel much less anxiety than he now felt.

When this measure was introduced by the chairman of the naval committee, it was very properly met by the Senator from Missouri, and other Senators, on the ground that, if it were designed as a war measure, it was but a drop in the bucket. If, on the other hand, it were in reality only a peace measure, and all difficulties were soon to be settled amicably, as he had no doubt the Administration expected, he was unwilling that the public mind should be kept in a state of excitement, agitation, and alarm.

Mr. Cass desired to be permitted to set the gentleman right upon this point. The opinion which he had expressed in the early part of this session had been called in question repeatedly, and there certainly seemed to be a strange misapprehension regarding it. He had been denominated a war man; he had been styled an advocate for war; and why? Merely because he had said he believed the danger of war was imminent. He had never used the expression which had been attributed to him, that war was inevitable. What he had said was, that he was afraid that war would take place, and he would add that every day increased his apprehensions. He might now, since the information called for by Congress had been laid before them by the President-he might now say that all that he had stated on the 15th day of December in relation to this subject had been fully borne out. He might now say there was then strong cause for apprehension, and that there He thought that, in the present state of the now is still stronger cause. That the arma- public mind, they ought not to be discussing ments of Great Britain were prepared with a those little measures. If they were now in the view of being called into use against this coun- condition which the papers recently laid before try no man can doubt. He would say to his Congress seemed to indicate, every man must honorable friend from Florida that his first im- admit that it was a more critical position than pressions not only remained, but had become they had heretofore occupied; and yet he had strengthened by the indications which had not a particle of doubt that the main cause since exhibited themselves. Notwithstanding which had contributed to bring us into that the mild tone of the English journals, he was condition, was the mystification, the drumming not to be deceived by a few soft words in an up for effect, which was very early commenced, English newspaper. It only went to show that when no man even supposed that we could get the war fever was permitted in some measure into a war for a slip of territory at one end of to subside; but this circumstance offered no the earth-when no man doubted that the satisfactory evidence to his mind that the dan-affairs of the country, if intrusted to safe ger of war was more remote. But the honor-hands, were in a perfectly safe condition.

The Journal of Saturday was read in part, and, on motion of Mr. C. J. INGERSOLL, (its further reading having been dispensed with,) was approved.

Mr. C. J. INGERSOLL moved that the House resolve itself into Committee of the Whole on the state of the Union; [but waived the motion for the moment.]

Mr. ROBERTS asked leave to introduce certain joint resolutions (the reporter thinks) from the Legislature of Mississippi.

Mr. POLLOCK asked leave, at this time, to make a report from the Committee of Claims. Objections were made.

Mr. Cass said he agreed perfectly with the Senator in the belief that the Administration had not the slightest desire for war. They never had from the beginning. All that the Administration desired was to promote the honor and the interests of the country, and The SPEAKER said that the first business in leave the result to time. Whether they sup-order would be the call of the States for petiposed that war would come in consequence of tions.