It appears very extraordinary that any geographer or map-maker should

have invented a dividing line, with such specific details, without

having sufficient grounds for believing that it had been thus determined

by the Commissioners under the treaty of Utrecht. It is also believed

that Douglass' Summary (not at this moment within my reach) adverts to

the portion of the line from the coast of Labrador to the Saguenay.

Finally, the allusion to the 49th parallel, as a boundary fixed in

consequence of the treaty of Utrecht, had been repeatedly made in the

course of preceding negotiations, as well as in the conferences of that

of the year 1826; and there is no apparent motive, if the assertion was

known by the British negotiators not to be founded in fact, why they

should not have at once denied it. It may be, however, that the

question having ceased to be of any interest to Great Britain since the

acquisition of Canada, they had not investigated the subject. It is of

some importance, because, if authenticated, the discussion would be

converted from questions respecting undefined claims, into one

concerning the construction of a positive treaty or convention.

It is sufficiently clear that, under all the circumstances of the case,

an amicable division of the territory, if at all practicable, must be

founded in a great degree on expediency. This of course must be left to

the wisdom of the two Governments. The only natural, equitable, and

practicable line which has occurred to me, is one which, running through

the middle of Fuca Straits, from its entrance to a point on the main,

situated south of the mouth of Frazer's river, should leave to the

United States all the shores and harbors lying south, and to Great

Britain all those north of that line, including the whole of Quadra and

Vancouver's Island. It would be through Fuca's Straits a nearly easterly

line, along the parallel of about 48½ degrees, leaving to England the

most valuable and permanent portion of the fur trade, dividing the

sea-coast as nearly as possible into two equal parts, and the ports in

the most equitable manner. To leave Admiralty Inlet and its Sounds to

Great Britain, would give her a possession in the heart of the American

portion of the territory. Whether from the point where the line would

strike the main, it should be continued along the same parallel, or run

along the 49th, is a matter of secondary importance.

If such division should take place, the right of the inhabitants of the

country situated on the upper waters of the Columbia to the navigation

of that river to its mouth, is founded on natural law; and the principle

has almost been recognized as the public law of Europe. Limited to

commercial purposes, it might be admitted, but on the express condition

that the citizens of the United States should in the same manner, and to

the same extent, have the right to navigate the river St. Lawrence.

But I must say that, whatever may be the ultimate destinies of the

Oregon territory, I would feel great regret in seeing it in any way

divided. An amicable division appears to me without comparison

preferable to a war for that object between the two countries. In every

other view of the subject it is highly exceptionable. Without adverting

for the present to considerations of a higher nature, it may be

sufficient here to observe, that the conversion of the northern part of

the territory into a British colony would in its effects make the

arrangement very unequal. The United States are forbidden by their

Constitution to give a preference to the ports of one State over those

of another. The ports within the portion of territory allotted to the

United States would of course remain open to British vessels; whilst

American vessels would be excluded from the ports of the British colony,

unless occasionally admitted by special acts depending on the will of

Great Britain.

FOOTNOTE:

[2] Grotius, however, sustains the right of occupation by a maxim of the

Civil Roman Code.

NUMBER III.

Beyond the naked assertion of an absolute right to the whole territory,

so little in the shape of argument has been adduced, and so much warmth

has been exhibited in the discussion of the subject, that it cannot be

doubted that the question has now become, on both sides, one of feeling

rather than of right. This, in America, grows out of the fact that, in

this contest with a European nation, the contested territory is in

America and not in Europe. It is identical with the premature official

annunciation, that the United States could not acquiesce in the

establishment of any new colony in North America by any European nation.

This sentiment was already general at the time when it was first

publicly declared; and now that it has been almost universally avowed,

there can be no impropriety in any private citizen to say, as I now do,

that I share in that feeling to its full extent. For the Americans,

Oregon is or will be home: for England, it is but an outpost, which may

afford means of annoyance, rather than be a source of real power. In

America all have the same ultimate object in view; we differ only with

respect to the means by which it may be attained.

Two circumstances have had a tendency to nourish and excite these

feelings. The British fur companies, from their position, from their

monopolizing character, from their natural influence upon the Indians,

and from that, much greater than might have been expected, which they

have constantly had upon the British Government in its negotiations with

the United States, have for sixty years been a perpetual source of

annoyance and collisions. The vested interests of the Hudson Bay Company

are at this moment the greatest obstacle to an amicable arrangement. It

is at the same time due to justice to say that, as far as is known, that

company has acted in Oregon in conformity with the terms of the

convention, and that its officers have uniformly treated the Americans,

whether visitors or emigrants, not only courteously, but with great

kindness.

If the British colonies on the continent of America were an independent

country, or were they placed in their commercial relations, at least

with the United States, on the same footing as the British possessions

in Europe, these relations would be regulated by the reciprocal

interests and wants of the parties immediately concerned. Great Britain

has an undoubted right to persist in her colonial policy; but the result

has been extremely vexatious, and to the United States injurious. All

this is true. But feelings do not confer a right, and the indulgence of

excited feelings is neither virtue nor wisdom.

The Western States have no greater apparent immediate interest in the

acquisition of Oregon than the States bordering on the Atlantic. These

stand in greater need of an outlet for their surplus emigrating

population, and to them exclusively, will for the present, the benefit

accrue of ports on the Pacific, for the protection of the numerous

American ships employed in the fisheries and commerce of that ocean. It

is true that in case of war the inhabitants of the Western States will

not, if a naval superiority shall be obtained on the Upper Lakes, feel

those immediate calamities of war to which the country along the

seashore is necessarily exposed; but no section of the United States

will be more deeply affected, by the impossibility of finding during the

war a market for the immense surplus of its agricultural products. It

must also be remembered that a direct tax has heretofore been found as

productive as the aggregate of all the other internal taxes levied by

the General Government; that, in case of war, it must necessarily be

imposed; and that, as it must, in conformity with the Constitution, be

levied in proportion to the respective population of the several States,

it will be much more oppressive on those which have not yet accumulated

a large amount of circulating or personal capital. The greater degree of

excitement which prevails in the West is due to other and more powerful

causes than a regard for self-interest.

Bordering through the whole of their northern frontier on the British

possessions, the Western people have always been personally exposed to

the annoyances and collisions already alluded to; and it may be that the

hope of getting rid of these by the conquest of Canada has some

influence upon their conduct. Independent of this, the indomitable

energy of this nation has been and is nowhere displayed so forcibly as

in the new States and settlements. It was necessarily directed towards

the acquisition of land and the cultivation of the soil. In that respect

it has performed prodigies. Three millions of cultivators of the soil

are now found between the Lakes and the Ohio, where, little more than

fifty years before, save only three or four half Indian French

settlements, there was not a single white inhabitant. Nothing now seems

impossible to those men; they have not even been sobered by fresh

experience. Attempting to do at once, and without an adequate capital,

that which should have been delayed five-and-twenty years, and might

have then been successfully accomplished, some of those States have had

the mortification to find themselves unable to pay the interest on the

debt they had contracted, and obliged to try to compound with their

creditors. Nevertheless, undiminished activity and locomotion are still

the ruling principles: the Western people leap over time and distance;

ahead they must go; it is their mission. May God speed them, and may

they thus quietly take possession of the entire contested territory!

All this was as well known to the British Government as to ourselves. A

public and official declaration by the President of the United States

was unnecessary and at least premature. Mr. Rush's correspondence of

1824 bears witness of its unfortunate effect on the negotiations of that

year. These feelings had gradually subsided. But, whatever may be the

cause, the fact that an extraordinary excitement on this subject has

manifested itself, and does now exist on both sides, cannot be denied.

Time is absolutely necessary in order that this should subside. Any

precipitate step now taken by either Government would be attended with

the most fatal consequences. That which, if done some years ago, might

have been harmless, would now be highly dangerous, and should at least

be postponed for the present.

The first incipient step recommended by the Executive is, to give the

notice that the convention of 1827 shall expire at the end of one year.

This measure at this time, and connected with the avowed intention of

assuming exclusive sovereignty over the whole territory, becomes a

question of peace or war.

The conventions of 1818 and 1827, whilst reserving the rights of both

parties, allowed the freedom of trade and navigation throughout the

whole territory to remain common to both; and the citizens or subjects

of both powers were permitted to occupy any part of it. The

inconveniences of that temporary arrangement were well understood at the

time. The British fur companies had established factories on the banks,

and even south of the river Columbia, within the limits of that portion

of the country which the United States had, whenever the subject was

discussed, claimed as belonging exclusively to them. The conditions of

the agreement were nominally reciprocal; but, though they did not give,

yet they did in fact leave the British company in the exclusive

possession of the fur trade. This could not be prevented otherwise than

by resorting to actual force: the United States were not then either

ready or disposed to run the risks of a war for that object; and it was

thought more eligible, that the British traders should remain on the

territory of the United States, by virtue of a compact and with their

consent, than in defiance of their authority. It is but very lately that

the Americans have begun to migrate to that remote country: a greater

number will certainly follow; and they have under the convention a

perfect right to occupy and make settlements in any part of the

territory they may think proper, with the sole exception of the spots

actually occupied by the British company.

What is then the object in view, in giving the notice at this time? This

has been declared without reserve by the President: "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 honor and

interests, is too clear to admit of doubt." And it must be recollected

that this candid avowal has been accompanied by the declaration that

"our title to the whole Oregon territory had been asserted and, as was

believed, maintained by irrefragable facts and arguments." Nothing can

be more plain and explicit. The exclusive right of the United States to

absolute sovereignty over the whole territory must be asserted and

maintained.

It may not be necessary for that purpose to drive away the British fur

company, nor to prevent the migration into Oregon of British emigrants

coming from the British dominions. The company may, if deemed expedient,

be permitted to trade as heretofore with the Indians. British emigrants

may be treated in the same manner as the other sixty or eighty thousand

who already arrive yearly in the United States. They may at their option

be naturalized, or remain on the same footing as foreigners in other

parts of the Union. In this case they will enjoy no political rights;

they will not be permitted to own American vessels and to sail under the

American flag; the permission to own real property seems, so long as

Oregon remains a territory, to depend on the will of Congress. Thus far

collision may be avoided.

But no foreign jurisdiction can be permitted, from the moment when the

sovereignty of the United States over the whole territory shall be

asserted and maintained. To this, all those who reside in the territory

must submit. After having taken the decisive step of giving the notice,

the United States cannot, as the President justly states, abandon the

right of sovereignty without a sacrifice of national honor.

It had been expressly agreed by the convention that nothing contained in

it should affect the claims of either party to the territory. The

all-important question of sovereignty remained therefore in abeyance.

Negotiations for a division of the territory have failed: the question

of sovereignty remains undecided, as it was prior to the convention. If

the United States exercise the reserved right to put an end to the

convention, and if, from the time when it shall have expired, they

peremptorily assume the right of sovereignty over the whole, it cannot

be doubted that Great Britain will at once resist. She will adhere to

the principle she had asserted prior to the Nootka convention, and has

ever since maintained, that actual occupancy can alone give a right to

the country. She will not permit the jurisdiction of the United States

to be extended over her subjects: she will oppose the removal, arrest,

or exercise of any other legal process, against her justices of the

peace, against any other officers who directly or indirectly act under

her authority, against any of her subjects; and she will continue to

exercise her jurisdiction over all of them throughout the whole

territory. Whatever either Power asserts must be maintained: military

occupation and war must necessarily ensue.

A portion of the people, both in the West and elsewhere, see clearly

that such must be the consequence of giving the notice. Such men openly

avow their opinions, prefer war to a longer continuation of the present

state of things, are ready to meet all the dangers and calamities of the

impending conflict, and to adopt at once all the measures which may

ensure success. With them, the discussion brings at once the question to

its true issue: Is war necessary for the object they have in view? Or

may it not be attained by peaceable means? It is a question of war or

peace, and it is fairly laid before the nation.

But many respectable men appear to entertain hopes that peace may still

be preserved after the United States shall have assumed, or attempted to

assume, exclusive sovereignty. The reverse appears to me so clear, so

obvious, so inevitable, that I really cannot understand on what grounds

these hopes are founded.

Is it thought that the President will not, after the assent of Congress

has been obtained (and whether immediately or at the end of this

session, is quite immaterial), give the notice which he has asked

Congress to authorize? Or is it supposed that a change in the form

which, in order to avoid responsibility, would give him a discretionary

power, could lead to a different result, or be anything else but a

transfer by Congress to the Executive of the power to declare war?

Can it be presumed that when, after the expiration of the term of

notice, the convention shall have been abrogated, the President will not

assert and maintain the sovereignty claimed by the United States? I have

not the honor of a personal acquaintance with him; I respect in him the

First Magistrate of the Nation; and he is universally represented as of

irreproachable character, sincere, and patriotic. Every citizen has a

right to differ with him in opinion: no one has that of supposing that

he says one thing and means another. I feel an intimate conviction of

his entire sincerity.

Is it possible that any one, who does not labor under a singular

illusion, can believe that England will yield to threats and defiance

that which she has refused to concede to our arguments? Reverse the

case: Suppose for a moment that Great Britain was the aggressor, and had

given the notice; declaring, at the same time, that, at the expiration

of the year, she would assume exclusive sovereignty over the whole

country, and oppose the exercise of any whatever by the United States:

is there any American, even amongst those who set the least value on the

Oregon territory, and are most sincerely desirous of preserving peace,

who would not at once declare that such pretension on the part of Great

Britain was outrageous and must be resisted?

It is not certainly the interest of Great Britain to wage war against

the United States, and it may be fairly presumed that the British

Government has no such wish. But England is, as well as the United

States, a great, powerful, sensitive, and proud nation. Every effusion

of the British press which displays hostility to the United States,

produces an analogous sentiment, and adds new fuel to excitement in

America. A moment's reflection will enable us to judge of the inevitable

effect of an offensive and threatening act, emanating from our

Government; an act which throws, in the face of the world, the gauntlet

of defiance to Great Britain. Her claims and views, as laid down in her

statement of December, 1826, remove every doubt respecting the steps she

will take. "Great Britain claims no exclusive sovereignty over any

portion of that territory. Her present claim, not in respect to any

part, but to the whole, is limited to a right of joint occupancy in

common with other States, leaving the right of exclusive dominion in

abeyance. * * * * The pretensions of Great Britain tend to the mere

maintenance of her own rights, _in resistance to the exclusive

character_ of the pretensions of the United States. * * * * These rights

embrace the right to navigate the waters of those countries, _the right

to settle in and over any part of them_, and the right freely to trade

with the inhabitants and occupiers of the same. It is fully _admitted_

that the _United States possess the same rights_. But beyond these

rights, they possess none. To the interests and establishments which

British industry and enterprise have created Great Britain owes

protection. _That protection will be given_, both as regards settlement

and freedom of trade and navigation, with every attention not to

infringe the co-ordinate rights of the United States."

Thus, the United States declare that they give notice of the abrogation

of the convention, with the avowed determination of asserting their

assumed right of absolute and _exclusive sovereignty_ over the whole

territory of Oregon. And Great Britain has explicitly declared that her

pretensions were, _in resistance_ to the _exclusive_ character of those

of the United States; and that protection will be given both as regards

settlement and freedom of trade and navigation to the interests and

establishments which British industry and enterprise have created.

How war can be avoided, if both Powers persist in their conflicting

determinations, is incomprehensible. Under such circumstances

negotiation is morally impossible during the year following the notice.

To give that notice, with the avowed determination to assume exclusive

sovereignty at the end of the year, is a decisive, most probably an

irretrievable, step. "After that period the United States cannot abandon

their right of sovereignty without a sacrifice of national honor."

The question of sovereignty has never been decided. Simply to give

notice of the abrogation of the convention, would leave the question in

the same situation: it would remain in abeyance. But when the President

has recommended that the notice should be given with the avowed object

of assuming exclusive sovereignty, an Act of Congress, in compliance

with his recommendation, necessarily implies an approbation of the

object for which it is given. If the notice should be given, the only

way to avoid that implication and its fatal consequences, is to insert

in it, an explicit declaration, that the sovereignty shall not be

assumed. But then why give the notice at all? A postponement is far

preferable, unless some other advantage shall be obtained by the

abrogation of the convention. This must be examined, and it is necessary

to inquire whether any and what measures may be adopted, without any

violation of the convention, that will preserve the rights and

strengthen the position of the United States.

NUMBER IV.

The acts which the government of the United States may do, in conformity

with the convention, embrace two objects: the measures applicable to the

territory within their acknowledged limits which may facilitate and

promote migration; and those which are necessary for the protection of

their citizens residing in the Oregon territory.

It is a remarkable fact that, although the convention has now been in

force twenty-seven years, Congress has actually done nothing with

respect to either of those objects. Enterprising individuals have,

without any aid or encouragement by Government, opened a wagon-road

eighteen hundred miles in length, through an arid or mountainous region,

and made settlements on or near the shores of the Pacific, without any

guaranty for the possession of the land improved by their labors. Even

the attempt to carry on an inland trade with the Indians of Oregon has

been defeated, by the refusal to allow a drawback of the high duties

imposed on the importation of foreign goods absolutely necessary for

that commerce. Thus the fur trade has remained engrossed by the Hudson

Bay Company; missionaries were, till very lately, almost the only

citizens of the United States to be found in Oregon; the United States,

during the whole of that period, have derived no other advantage from

the convention than the reservation of their rights, and the express

provision that these should in no way be affected by the continuance of

the British factories in the territory. And, now that the tide of

migration has turned in their favor, they are suddenly invited to assume

a hostile position, to endure the calamities and to run the chances and

consequences of war, in order to gain an object which natural and

irresistible causes, if permitted to operate, cannot fail ultimately to

attain.

The Oregon Question · 第 2 / 6 段