Mr. Campbell annexed to his letter the following (amongst other) Enclosures: (Enclosure A.) Copy of Proposition for Partition of the Oregon Territory, &c. "The following is a copy of the proposition for a partition of the Oregon territory, in so far as regards the boundary line, which Lord Aberdeen authorised Mr. Pakenham to submit to the United States in his instructions of May 18, 1846, as written down from memory shortly after a careful perusal of the original in the archives of the British legation :— "The forty-ninth parallel to the sea-coast, thence in a southerly direction through the centre of King George's Sound and the Straits of Fuca to the ocean-thus giving to Great Britain the whole of Vancouver's Island and its harbours.' "In a despatch of the same date (May 18, 1846) from Mr. McLane to Mr. Buchanan, the foregoing proposition is referred to and communicated as follows: "The proposition most probably will offer substantially— "First-To divide the territory by an extension of the line on the parallel of forty-nine to the sea-that is to say, the arm of the sea called Birch's Bay; thence by the Canal de Haro and Straits of Fuca to the ocean, and confirming to the United States (what indeed they would possess without any special confirmation) the right freely to use and navigate the strait throughout its extent." (Enclosure B.) 66 ANALYSIS OF THE FIRST ARTICLE OF THE TREATY. "Analysis of the First Article of the Treaty, by a comparison of its terms with the terms of the Proposition contained in the Instructions of Lord Aberdeen to Mr. Pakenham, and the terms of the same Proposition, as stated in Mr. McLane's Despatch to Mr. Buchanan of the same date (May 18, 1846). DIRECTION Proposition of Lord Aberdeen in regard to Boundary Line, as described by Mr. McLane, May 18, 1846. PARALLEL OF FORTYNINE TO THE sea- -that is to say, the arm of the sea called Birch's Bay; THENCE THROUGH BY THENCE SOUTHERLY THENCE IN A SOUTHERLY THE CENTRE OF King the George's Sound AND THE Canal de Haro AND "NOTE.-The words of the treaty describing the boundary line, and those of Lord Aberdeen and Mr. McLane, are in SMALL CAPITALS when they are identical, or nearly so, and in italics when they differ but have the same meaning, viz., the channel nearest Vancouver's Island. The language of the proviso and of the statement of its conditions by Mr. McLane is in SMALL CAPITALS, so far as it may be considered identical in meaning. Where they appear to differ in that respect it is in italics. It will be observed that Mr. McLane uses the comprehensive word 'strait,' covering the entire length of the navigable space between Vancouver's Island and the continent, from ocean to ocean, and such undoubtedly was the understanding between himself and Lord Aberdeen of the conditions that were to be introduced into the proviso. "A. C." "Correspondence showing the Early Pretensions of the British Government to the Islands east of the Canal de Haro. (Enclosure C.) "Mr. Boyd to Mr. Buchanan. "London, October 19, 1846. "SIR,-Through channels not strictly official, yet I conceive entitled to implicit reliance, it has recently come to my knowledge that an idea is entertained of certain British subjects of founding a settlement upon Whidbey's Island, one of the islands situated within the Straits of Fuca, south of the forty ninth parallel. Whether formal application has yet been made to Government for its sanction, I am not informed, but there can be little doubt that Government has been led to expect such an application, and in this expectation has been thrown into some doubt whether, according to the boundary described in the late Oregon treaty, viz., the mid channel through the Straits of Fuca, Whidbey's Island would fall within British or American jurisdiction. "Being unauthorised to pursue this subject officially, and obliged, even unofficially, to approach it in a very distant and cautious manner, I am unable to ascertain who are the parties proposing the settlement in question, what would be its nature and objects, or whether the position of Whidbey's Island would render its possession a matter of military or political importance. "I deem it proper, however, to mention the supposed possibility that the ascertainment of the main channel through the Straits of Fuca may be a matter of some doubt, in order that if the department be not already in possession of evidence clearly defining this line, it may take the occasion through our cruisers in those seas, or otherwise, at once to collect, if desirable, such information as to meet the question whenever it may be formally presented. "It may not be improper, moreover, to report certain inferences from the conversations in which this subject was brought to my notice which it was probably intended I should draw, and expected that I should communicate. The conviction was left upon my mind that the proposed settlement of Whidbey's Island is a scheme altogether of private origin, and one which her Majesty's ministers rather unwillingly find forced upon their attention; that they would deeply regret the occurrence of any difficulty in tracing the channel of the Strait of Fuca, would gladly adopt any suitable mode for its ascertainment, and would care much less about the distribution of the small islands in that sea than for the prompt establishment of the treaty line. (1) "I was also led to believe that a ready disposition on the part of our Government, now that a point presents itself which is one of mere fact and science, to submit its solution to a proper professional tribunal, might very much serve to correct the unfair interpretation recently put upon the President's refusal to submit to arbitration in a question not suitable for that mode of decision. "I remain, sir, very respectfully, your obedient servant, "Hon. James Buchanan, Secretary of State. While in the Navy Department I caused a traced copy of Wilkes's chart of the Straits of Haro to be made. If not needed in the Navy Department I request that the President will direct it to be sent to this legation. It is intimated to me that questions may arise with regard to the islands east of that strait. I ask your authority to meet any such claim at the threshold by the assertion of the central channel of the Straits of Haro as the main channel intended by the recent treaty of Washington. Some of the islands, I am well informed, are of value. Very respectfully, your obedient servant, "GEORGE BANCROFT. "Hon. James Buchanan, Secretary of State." (1) I would call attention to these remarks, as showing that Mr. Campbell was not justified in imputing sinister motives to the Ministers of Great Britain in their conduct of this question. (Enclosure E.) "Mr. Buchanan to Mr. Bancroft. "Department of State, Washington, December 28, 1846. "SIR,I have obtained from the Navy Department, and now transmit to you, in accordance with the request contained in your despatch No. 1 [November 3], the traced copy of Wilkes's chart of the Straits of Haro. This will enable you to act understandingly upon any question which may hereafter arise between the two Governments in respect to the sovereignty of the islands situate between the continent and Vancouver's Island. It is not probable, however, that any claim of this character will be seriously preferred on the part of Her Britannic Majesty's Government to any island lying to the eastward of the Canal of Arro, as marked in Captain Wilkes's Map of the Oregon Territory.' This, I have no doubt, is the channel which Lord Aberdeen had in view, when, in a conversation with Mr. McLane, about the middle of May last, on the subject of the resumption of the negotiation for an amicable settlement of the Oregon question, his Lordship explained the character of the proposition he intended to submit through Mr. Pakenham. As understood by Mr. McLane, and by him communicated to this department in his despatch of the 18th of the same month, it was, 'First, to divide the territory by the extension of the line on the parallel of 49° to the sea-that is to say, to the arm of the sea called Birch's Bay-thence by the Canal de Haro and Straits of Fuca, to the ocean,' &c. “I am, Sir, respectfully, your obedient servant, "George Bancroft, Esq., &c., &c. "[Enclosure: Chart of the Straits of Juan de Fuca, Puget Sound, &c. By the U. S. Ex. Ex., 1841.] (') (Enclosure F.) "Mr. Bancroft to Mr. Buchanan. 'Legation of the United States, London, March 29, 1847. "SIR,- * * * * * * "While on this point I ought to add that my attention has (1) American State Papers, p. 61. |