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the judgment of General Fremont and Mr. Charles Preuss, no mean authorities.
The boundary line in this official map, published by the direction and under the authority of the Senate of the United States, starts from the middle of the Gulf of Georgia, on the forty-ninth parallel of north latitude, and runs thence southerly through the middle of the Rosario “Channel,” and through the middle of Fuca Straits to the Pacific Ocean, thus, as I venture to submit, fulfilling to the letter the words of the treaty of 1846.
On the 5th of June, 1848,(1) it was resolved by the United States Senate," that the Secretary of the Senate be authorised to contract for lithographing and printing 20,000 copies of J. C. Fremont's map of Oregon and California, reduced from the original according to the projection to be furnished by the said J. C. Fremont.” It was also resolved that the same number of copies of the “ Geographical Memoir” should be printed. On the 15th of June it was further resolved, that 100 copies of the map, and the same number of the memoir should be printed for the use of the Topographical Bureau. (A fac-simile of a portion of this map, showing the position of the boundary line according to the judgments of General Fremont and Mr. Preuss, is presented to the public with this volume.)
On the 21st of October, 1852, a second United States Government map was published, the full title of which is as follows:(3)—
(") “ Geographical Memoir.” ) American State Papers, p. 36.
“A diagram of a portion of Oregon Territory. SurveyorGeneral's Office, Oregon City, October 21st, 1852. John B. Preston, Surveyor-General. Scale, ten miles to an inch.”
This map shows upon it the southern portion of the Gulf of Georgia, Vancouver's Strait, and the Straits of Fuca ; the line of boundary, as in the former map, runs down the Rosario Strait, and thence through the Straits of Fuca into the Pacific.
In the year 1853 that conscientious and accurate geographer, John Arrowsmith, drew up a map of Vancouver's Island and the adjacent coasts, from the surveys of Vancouver, Kellet, Simpson, Galliano, Valdez, &c., and from the above-mentioned map of General Fremont, and the boundary line was described by him in accordance with the views which he believed to be held by the Government of the United States, and in accordance with the above-mentioned map of General Fremont.
Again, I take up an atlas published in Scotland in the year 1862, by those eminent geographers the Messrs. Black, and in a map of the Western States of America I find this region depicted with the boundary line distinctly traced as running through the Rosario Straits.
It appears, however, that, in spite of the admissions made in their official maps and surveys by the United States legislature, that a line drawn down the middle of the Rosario Strait was the boundary intended by the treaty of 1846, the legislature of the Territory of Oregon, the adjoining coast being within their jurisdiction, passed an Act by which they affected to include the Haro Archipelago as a portion of one of the counties of the Territory. (1)
I am not aware whether this local Act ever received the sanction of Congress. Subsequently, in the year 1853, the Territory of Washington was created out of part of Oregon, and the coast opposite to the Haro Archipelago became a portion of that Territory; and by an Act of its legislature, dated 1854, the Archipelago was alleged and declared to form a part of one of its counties, named Whatcom County. This Act has, I believe, never received the sanction of Congress.
The relations between the Government of the United States and the particular districts called Territories are not easily to be defined or described, and I do not think they are clearly known to the United States jurists themselves. Territories are states in embryo, not having a population sufficiently numerous or powerful to admit of their being received into the great federation on terms of equality with the other societies which are dignified by the name of states. It appears that the Congress of the United States assumes to exercise supreme control over them, and the acts of a Territorial legislature are subject to the control of the Senate, which may annul the same, and if not annulled, it seems to follow that such acts become a part of the general law of the United States. The Territories send to the general Congress delegates, who take part in the discussions of the House of Representatives, but do not enjoy the right of voting.
(1) American State Papers, p. 3.
The little weight to be attached to the assumption of title to the Haro Archipelago by the legislature of Washington Territory, may be judged by the fact, that in the year 1860, six years subsequent to the passing of the Act, that legislature represented a population of 11,594 persons, men, women, and children (many of them half-castes), spread over an area of 113,000 square miles. (1) And when we read of governors, collectors, receivers, judges, and even chief justices, land agents, and United States marshals of Washington Territory, does not the picture rise before us of that Eden in the wilderness, described with so much humour and pathos by Mr. Dickens in “Martin Chuzzlewit.” On the 14th of July, 1855, Mr. Marcy, Secretary of State, wrote, by the direction of the President, a letter to Mr. Stevens, the governor of Washington Territory, from which the following is an extract:(0–
“ He (the President) has instructed me to say to you, that the officers of the territory should abstain from all acts on the disputed grounds which are calculated to provoke any conflicts, so far as it can be done without implying the concession to the authority of Great Britain of an exclusive right over the premises.
“ The title ought to be settled before either party should exclude the other, by force, or exercise complete and exclusive sovereign right, within the fairly disputed limits.
“ Application will be made to the British Government to interpose with the local authorities on the northern borders of our territory, to abstain from like acts of exclusive ownership, with the explicit understanding that any forbearance on either
(1) Les États Unis d'Amerique en 1863. Par John Bigelow, Consul des États Unis à Paris. 1863. Pp. 543, 545.
(2) American State Papers, p. 144.
side to assert the rights respectively, shall not be construed into any concession to the adverse party.
“By a conciliatory and moderate course on both sides, it is sincerely hoped that all difficulties will be avoided until an adjustment of the boundary line can be made in a manner mutually satisfactory. The Government of the United States will do what they can to have the line established at an early period.”
A copy of this extract was forwarded by Mr. Marcy to Mr. Crampton in a letter of the 17th of July, which was as follows:(1)—
“Sir,-I am under some apprehension that collisions may take place between our citizens and British subjects in regard to the occupation of the disputed point above the line, between Washington Territory and the British possessions on the north of it.
“ In the hope of avoiding such a difficulty, I have, by the direction of the President, addressed a letter to the Governor of that Territory on the subject, and herewith furnish you with an extract from it. I presume that the Government of Her Britannic Majesty will be willing to recommend to her subjects along the boundary in question a similar course, until the line can be established. In that way I sincerely hope all collision may be avoided.
“I avail myself of this opportunity to renew to you, sir, the assurance of my high consideration.”
On the 18th of July Mr. Crampton replied, concurring in the propriety of the course recommended to Governor Stevens, and expressing his intention to advise that a reciprocal policy should be adopted by the Governor of Vancouver's Island. (3)
Thus it was agreed between the Government of the United States and that of Great Britain, that the
(1) American State Papers, p. 145.
(3) American State Papers, p. 230.