Northwest boundary of the United States; Oregon question
There is another important subject which has not, it is believed, ever
been discussed by the two Powers. This is the claim to the ownership of
the places settled and improved under the convention. It seems to me
that, on the principles of both natural and international law, these
rights, to a defined extent, should be respected by each Power
respectively, whose sovereignty over the portion of the territory in
which such improved settlements may be situated will ultimately be
recognized. It appears also that the United States may, in conformity
with the convention, and without affecting in any shape the claims
advanced by Great Britain, pass a law declaring that they abandon or
grant without warranty, to such of their citizens as shall have made
actual and bonâ fide settlements in any part of Oregon, under the
convention, all the rights of and claims to the ownership of the soil,
on which such settlements shall have been made, which the United States
may now or hereafter claim or acquire: limiting and defining the extent
of the grant in the same manner as would be done if such grant was
absolute; and promising that the title should be confirmed, in case and
whenever the sovereignty of the United States was recognized or asserted
and maintained.
The prolongation, in 1827, of the convention of 1818, was evidently
intended as a temporary measure, since it was made revocable at the will
of either party. The plenipotentiaries of the two Powers had been unable
to agree on the terms of a definitive arrangement, or even in defining
with precision the conditions on which the convention of 1818 might be
continued for a determinate period. It will be seen, by reference to the
protocols and correspondence, that, although it was generally admitted
that neither party ought during such continuance to exercise any
exclusive sovereignty over the territory, the American Plenipotentiary
declined to agree to any convention containing an express provision to
that effect, or accompanied by the insertion in the protocol of a
declaration for the same purpose by the British Plenipotentiaries. The
reason was not only because an exclusive right over Astoria and its
dependencies was claimed by the United States, but principally because
it was anticipated that, in order to have in fact an authority equal to
that exercised by the Hudson Bay Company, it would become necessary for
the United States to perform acts which the British Government might
contend to be forbidden by such express provision or declaration. The
consequence was, that the convention recognizes some certain rights, and
imposes no positive restrictions but only such, as may be supposed to be
implied in the clause which declares, that nothing contained in it
should be construed to impair or affect the claims of either party. The
probability that it might become necessary for the United States to
establish a territory or some sort of government over their own citizens
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