Northwest boundary of the United States; Oregon question
the United States; that the 49th degree is likewise the boundary, from
the Lake of the Woods to the Stony Mountains, established by treaty
between Great Britain and the United States; and that therefore the
right of the United States, which may be derived from the principle of
contiguity or continuity, embraces the territory west of the Stony
Mountains contained between the 42d and 49th degrees of latitude.
Omitting other considerations which apply principally to the territory
north of Fuca Straits, where the claims of both parties are almost
exclusively derived from their respective discoveries, including those
of Spain, it may be rationally inferred from the preceding enumeration
that there remain various questions which must be considered by Great
Britain as being still doubtful and debatable, and that she may
therefore, without any abandonment of positive rights, recede from the
extreme pretensions which she has advanced in the discussion respecting
a division of the territory. But, although conjectures may be formed,
and the course pursued by the Government of the United States may have
an influence on that which Great Britain will adopt, it does not belong
to me to discuss what that Government may or will do. This paper is
intended for the American, and not for the English public; and my
attention has been principally directed to those points which may be
considered by the United States as doubtful and debatable.
It was expressly stipulated that nothing contained in the conventions of
1818 and 1827 should be construed to impair, _or in any manner affect_,
the claims which either of the contracting parties may have to any part
of the country westward of the Stony or Rocky Mountains. After the most
cool and impartial investigation of which I am capable, I have not been
able to perceive any claim on the part of Great Britain, or debatable
question, respecting the territory south of Fuca's Straits, but the
species of occupancy by the British Fur companies between the year 1813
and October 20th, 1818; and this must be considered in connection with
the restoration of "all territory, places, and possessions whatsoever,
taken by either party from the other during the war," provided for by
the treaty of Ghent. To this branch of the subject belongs also the
question whether the establishment of trading factories with Indians may
eventually give a right to sovereignty. My opinion was expressed in the
American counter-statement of the case, dated 19th December, 1826: "It
is believed that mere factories, established solely for the purpose of
trafficking with the natives, and without any view to cultivation and
permanent settlement, cannot, of themselves, and unsupported by any
other consideration, give any better title to dominion and absolute
sovereignty than similar establishments made in a civilized country."
However true this may be as an abstract proposition, it must be admitted
Public-domain text, read in full here on John Shaqi.
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