Northwest boundary of the United States; Oregon question
The United States are placed, in that respect, in a very different
situation. It is not believed that the General Government is authorized
to incorporate, as a political body, a commercial company, with such
powers as would give it an efficient control over the private citizens
residing in the territory. Such delegation of powers, either by any of
the States or by Congress, is wholly inconsistent with our institutions.
The United States may indeed give to their citizens in Oregon a regular
and complete judiciary system; and they may also extend to them, as the
British Government has done on its part, the laws of an adjacent
territory. But an executive local power is wanted in this case, as it is
everywhere else, under any form of government whatever, to cause the
laws to be executed, and to have that general control which is now
exercised, through the Hudson Bay Company, by the British Government.
There are, besides, various acts of a public though local nature, such
as opening roads, making bridges, erecting block-houses for protection
against the natives, providing for the destitute, &c., all which are
performed by the Hudson Bay Company, and cannot be accomplished by
insulated individuals, bound by no legal association or government.
Whether any measures may be devised, other than a territorial
government, that will be sufficient for the purpose intended; whether
all the American citizens residing in Oregon might not be incorporated
and made a body politic, with powers equivalent to those vested in the
Hudson Bay Company, and with the reservation by the General Government
of a check or control analogous to that reserved by the Government of
Great Britain, are questions worthy of serious consideration. But Great
Britain has the same interest as the United States to prevent collision
during the continuance of the convention; and it is believed that, if
negotiations should be renewed, with an equal and sincere desire on both
sides to preserve friendly relations, there would be no difficulty at
this time in coming to an understanding on the subject. It would seem
sufficient that this should be accompanied with provisions, preventing
the possibility of the powers exercised by the United States being ever
applied to British subjects, and with an explicit declaration that these
powers should never be construed as an admission by Great Britain of any
claim of the United States to exclusive sovereignty.
Public-domain text, read in full here on John Shaqi.
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