Northwest boundary of the United States; Oregon question
On the other hand, it seems to be understood that, so long as the
convention remains in force, neither Government shall lay duties in the
Territory on tonnage, merchandise, or commerce; nor exercise exclusive
jurisdiction over any portion of it; and that the citizens and subjects
of the two Powers, residing in or removing to the territory, shall be
amenable only to the jurisdiction of their own country respectively.
It has been contended by the British Government that the establishment
of any military post, or the introduction of any regular force under a
national flag, by either Power, would be an act of exclusive
sovereignty, which could not be permitted to either whilst the
sovereignty remained in abeyance. Under existing circumstances, it is
believed that such an act would be highly dangerous, and prove
unfavorable to the United States.
But the establishment by the United States of a Territorial Government
over Oregon is also objected to on the same principle. The want of such
government appears to be the only serious inconvenience attending a
continuance of the convention, and requires special consideration.
The United States have the same right as Great Britain, and are equally
bound, to protect their citizens residing in the Oregon territory, in
the exercise of all the rights secured to them by the convention. It has
been fully admitted that these rights embrace the right to settle in and
over any part of the territory, and that they are to be, in all cases
whatever, amenable only to the jurisdiction of their own country. The
subjects of Great Britain, who are not in the employ of the Hudson Bay
Company, are forbidden to trade with the natives; and the company does
in fact control and govern all the British subjects residing in the
territory. This gives a strong guaranty against the violation, by rash
individuals, of the rights of the citizens of the United States. Should
any of them, however, be disturbed in the exercise of their legitimate
rights, and the company should be unable or unwilling to relieve and
indemnify them, the United States would be justly entitled to appeal to
the British Government for the redress of a violation of rights secured
by the convention; for the British Government has preserved a control
over the Hudson Bay Company, and does in fact, through it, govern the
British subjects who reside in the territory.
Public-domain text, read in full here on John Shaqi.
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