Bradford reporter. (Towanda, Pa.) 1844-1884, December 10, 1845, Image 1

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    7-61104 M VEO
Message of the President of the U. S.,
Felloareititau of the Senate and House
of Representatives
It is to me a source of unaffected satisfaction
10 meet the Representativet of the States and
the people in Congress assembled, as it will be
to Naive the aid of their combined wisdom in
the a dministration of public affairs. In perform
ing, for the first time, the duty imposed on me
be the constitution, of giving to you informa
tion of the state of the Union, and recommend.
ing to your consideration such measures as in
m y judgement are necessary and expedient, I
am happy that I can congratulate you on the
continued prosperity of our country. Under
the bleFsings of Divine Providence and the be
nign influence of our flee institutions, it stands
before the would a spectacle of national happi
With our unexampled advancement in all the
elements of national greatness, the affection of
the penple is confirmed for the union of the
states, and Tor the doctrines of popular liberty,
which lie at the foundation of our government.
It becomes us,, in humility, to make our de
vout acknowledgements to the Supreme Ruler
of the Universe, for inestimable civil and reli
gious blessuws with which we are favored.
In calling the attention of Congress to our re.
linons with foreign powers, I out gratified to be
aEe to state, that, though with some of them
there have existed since your last session seri.
°us causes of irritation and misunderstanding,
yezno actual hostilities have taken pltce. Adopt.
irtz the maxim in the conduct of our foreign at.
Girl, to " ask nothing that is not right, am sub.
ma to nothing that is wrong," it has been my
anxious desire to preserve peace with all nations;
but. at the same time, to be prepared to resist
Lgotcssion, and to maintain all our just rights.
In pursuant of the joint resolution of Congress,
"for annexing Texas to the United States." toy
Predecessor, on the third day of March, 1845,
ei7ettil to submit the first and second section's
of tl , lt re.s.o!utlon to the republic of Texas, as
za urertnre. on the part of the United Statqs, for
Lee ndmis-inn as a State . into our Union. This
ele , tion 1 approved, and accordingly the charge
tTui re. s of the United States inTeltas, under
nstruetians of the tenth of March, 1845, pre
enlett these sections of the resolution fur. the
:trcsptance of that republic.• The executive
c•ormincot, the Congress, and the people of
Tens in comention, have sucressit elv compli
ed with all the terms and conditions of the joint
Yevolutiiiti. A constitution for the government
of the State of Texas. formed by a convention
ordeputies, is herewith laid before congress. It
is well known, also, that the people of texas at
the polls have accepted the terms of annexation,
and ratified the constitution.
I communicate to IConress the correspond
ence between the Secretary of State and our
charge d'afilines in Texas; and also the cor
respondence of the latter with the authorities of
Texas ; together 6 with the official documents
transmitted b%\ him to his own government.
The terms of annexation which were offered
bv the I. nited Sates having been accepted by
*texas, the'lpublie faith of both parties is solemn
iV pledged to the compact of their union. No-
thing remains to consumate the event, but the
passage ilf an act by Congress to admit the
Stale of Texas into the Union upon an equal
footing with the original States. Strong rea
sons exist why this should be done at an early 1
penod of the session. It will be observed that,
by the constitution of Texas, the existing goy
emrnent is only continued temporarily till . Con
:Tess can act ; and that the third Monday of the
present month is the day appointed for holding
me first general election. On that day a rrov
ernor, a lieutenant governor, and both branc hes '
of the legislature. will be chosen by the people. t
The Presplent of Texas is required immediate
ly after thlr rdceipt of official information that the
new State has been admitted into our Union by j
Congress, to convene the legislature; and. up -1
an its meeting, the existing government will be
superseded, and the State government organized.
Questions deeply interesting to Texas, in coin
men with the other states ; the extension of our
revenue laws and judicial system over her peo
ple and territory, as well as measures of a local
character. will claim the early attention of Con
gress; and, the re f o re, upon every principle of
republican government, she ought to be repre- ,
sewed in that body without unnecessary delay.
I r-n ,- .0t too earnestly recommend prompt action
on this important subject.
Is soon as the act to admit Texas as a State
s 5:•;: be passed, the union of the two republics
- consumated by their own voluntary con
This accession to our territory has been a
-to aless achievement. No arm of force has
been raised to produce the result. The sword nay
had no part in the victory. We have not
soLgh t to extend our territorial possessions by
mequest, or our republican institutions over a
reluctant people. It was the deliberate homage
of each people to the great principle of our fed
crauve union.
If we consider the extent of territory . - involved ,
in the annexation—its prospective influence on
America—th e means by which it has been ac. ;
cumplislied, springing purely front the choice of:,
the people themselves to share the blessings of ,
our union,—the'history- of the world may be ,
challenged to furnish a parallel.
The jurisdiction of the United States, which
at the formation of the federal constitution' was
bonded by the St. !Wary's, on the Atlantic. has
passed the Capes of Florida, and been peacefid
lv extended to the Dcl Norte. In rontemplntiorr
the grandeur or thit , event, it is not to he forkrot
-ten, that the result was achieved in despite of "
the diplcnnatie interference of Eutopenn Mon*
a rr'htes. Even France--the country which
had been oer ancient ally—the country which
h is a common interest' with us in maintaining
the freedom oldie sratt=the country which, by
the cession of Louisiana, first opened to us an
cess to the Gulf of Mexico--the country with
WP hare been every rear drawina more ,
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and more closely the, bonds of successful com
merce—mog.unexpectedly, and to our unfeign
ed regret;took part in an effort to prevent annex
ation, and to impose en Texas. as a condition
of the recognitionof her indepeudence by Mexi
co. that she would never join herself to the Uni
ted States. We may rejoice that the tranquil
and pervading influence of the American princi
ple of self-government; was sufficient to defeat
the purposes of British and French interference.
and that the almost unanimous voice of the pep.
ple of Texas has given to that interference a
peaceful and effective rebuke. From this ex
ample, European governments may learn how
ram diplomatic arts and intrigues must ever
prove upon this continent, against that system
of self-covernment - which seems natural to our
soil, and which will ever resist foreign interfe
Towards Texas, I do not doubt that a liberal
and generous spirit will actuate Congress in all
that concerns her interests and prosperity, and
that she will never have cause to regret that she
has united her lune star" to our glorious con
I regret to inform you that our relations with
Mexico, since your last session,. base not been
of the amicable character which it is our desire
to cultivate with all foreign nations. On the
sixth day of Morel' last, the Mexican envoy ex
traordinary and minister plenipotentiary to the
United States, made a formal protest in the name
of his government, against the joint resolution
passed by Congress, ...for the annexation of
Texas to the United States," whieh he chose
to regard as a violation of the' rights of
Mexico, and, in consequence of it, he demand
ed his passports. lie was informed that the
government of the United States did not consid
er this joint resolution as a violation of any of
the rights of Mexico, or that it afforded any just
'cause of offence to his gOve c rigi, tent ; that the
Republic of Texas was an inappenolent power,
owing no allegiance to Mexico.lsod-constituting
no part of her territory or rightful sovereignty
and jurisdiction. He was also assured that it
was the sincere desire of this government to
maintain with that of Mexico relations of peace
and gond understanding. That functionary,
however, notwithstanding these representations
and assurances, abruptly terminated his mission,
and shortly afterwards left the country. Our
Envoy Extracvdinary ,and Minister Plenipoten
tiary to Mexico Was refused all official inter
-course with that government, he returned to the
United States. Thus, by the acts of Mexico,
all diplomatic intercourse between the two coun
tries was suspended.
Since that time Mexico has, until recently, oc
cupied an attitude of hostility towards the Uni
ted States—has been marshalling and organtz.
ing armies, issuing proclamations, and avowing
the intention to make war on the United States,
either by•an open declaration, or by invading
'Texas. Both the Congress and convention of
the people of Texas incited this government to
send an army into that territory, to protect and
defend them upon the menanced attack. • The
moment the terms of annexation, offered by the
United States, were accepted by Texas i lthe hit
ter became so far a part of our own country, as
to make it our duty to afford such piotection and
defence. thirefore deemed it proper, as a pre
cautionary measure, to order a strong squadron
to the coasts of Mexico, and to concentrate an
efficient military force on the western frontier
of 'Texas. Our army was ordered to take posi
tion in the counte.,- between the Nueces and the
Del Norte. and to repel any invasion of the Tex
an territory which might be attempted by the
Mexican forces. Our squadron in the gulf was
ordered to co-operate withthe army. But though
our army and navy were placed in a position to
defend our own, and the rights of Texas, they
were ordered to commit no act of hostility
against Mexico, unless she declared war, or wan
herself the aggressor by striking the first blow
The result has been, that Mexico has made no
aggressive movement, and our military and na
val commanders have executed their orders with
such discretion, that the peace of the two repub
lics has not been disturbed.
Texas had declared her independence, and
maintained it by her arms for more than nine
years. She has had . an organized government in
successful operation during that period. Her
separate existence, as an independent State, had
been recognized by the United States and the
principal powers of Europe. Treaties of com
merce and navigation bad been concluded with
her by different nations, and it had become ma
nifest to the whole world that any future attempt
on the part of Mexico to conquer her, or over
throw her government. would be Vain. Even
Mexico herself • had become satisfied of the
fact; and whilst the question of annexation was
pending before the people of Texas, during the
past summer, the government of Mexico, by a
formal act, agreed to recognize the independence
of Texas, on condition that she would not annex
herself to any other power. Ti.e agreement to
acknowledge the
. independence of Texas: whe
ther with or without this condition, is conclusive
against Mexico. The independence of Texas
is a fact conceded by Mexico herself. and she
no right or authority to prescribe restrictions as
to the form of government. which Texas might
afterwards eh qose to assume.
But though Mexico canno t
, complain of the
United States on account of the annexation of
Texas. it bit to be regretted that serious causes
of misunderstanding between the two countries
continue to exist, growing tint of the unredress
ed injuries inflicted by the Mexican authori
ties and people on the persons and pmperty'of
citizens of the United States, through a long
series of years. Mexico has admitted these
injuries, but has negteeted and refused to repair
them. Slich'•was the character of the wrongs,
and such the insults repeatedly offered to-Anie
rican citizens. and the American flag by Slexi . -
co. in palpable violation of the laws of nations
and the treaty between the two countries, of
the fifth of April. 1831. that they have been
repeatedly brought to the notice of Congress
by my predecessors. As early as the eighth'
of February. 1837, the President of the United
States declared in a message to Congress. that'
" the length of time since some of the injuries
have been committed,. the repeated and una
vailing applications for redress. the wanton
character of some of the outrages upon the per-
REGAItDLEIII OF. likswinictericis nox
sons and prop eriV , ofOur citizens, upon the .of-:
ficera and flag of. the .Nnited States, inde
pendent of recent insults to this government
and people by the late Extraordinary Min
ister, would justify in the eyes of all na-
Along immediate war." He did not, however.
recommend an immediate resort to this extreme
measure, which, he, declared, " should not be
used by just and generous nation., confiding in
their strength for injuries committed, if keen
be honorably,avoided :" but. in a spirit offer
bearance..' proposed that another demand be
made upon Mexico for that redress which had
been so long and unjustly withheld. In these
'views, committees of the two Houses of Con
grew', in reports made to their respective bodies
concurred. Since these proceedings, more
than eight years have elapsed, during which,
in addition to the wrongs then complained of.
others of an aggravated character have been
committed on the persons and property of our
citizens. A special agent was sent to Mexico
in the summer of 1838, with full authority to
make another and final demand for redress.—
The demand was made ; the Mexican govern
ment promised to repair the wrongs of which
we complained; and after much delay a treaty
of indemnity with that view was concluded be
tween the two powers on the eleventh of April
1839, and was duly ratified by both gorvern
meats. - By this treaty. a joint commission was
created to adjudicate and decide on the claim.
of American citizens upon the government of
Mexico. The commission was organized at
Washington on the twenty-fifth day of August,
1849. - Their time was limited to eighteen
months; at the expiration of which, they had
.adjudicated and decided claims . amounting to
two_ million, twenty-six thousand one hundred.
and thirty-nine dollars and sixty-eight cents in
favor of citizens of the United States against
the Mexican government, leavings large amount
of claims undecided. Of the latter, the Ame
rican commissioners had decided in favor of
our citizens, claims amounting to nine hundred
-and twenty-eight thousand, six hundred and
twenty-seven dollars and eighty-eight cents.
which were left unacted on by the umpire au
thorized by the treaty. Still further claims.
amounting to between three and four millions
of dollars. were submitted to the board too late
to be considered, and were left undisposed of.
The sum , of two millions. twenty-six thousand
one hundred and thirty-dine dollarsand sixty
eight cents,' was a liquidated and as(n ruined
debt due by Mexico to the claimants, end there
was no justifiab e reasnn for delaying its pay
mentraccording to the terms of the treaty. It
was not. however, paid. Mexico applied for
further indulgence;
. and in that spirit of. liber
ality and forbearance which has ever marked
the policy of the United States towards that
Republic, the request was granted ; and on the
thirtieth of January, 1843. a new treaty was
concluded. By this treaty it was provided,
that the interest due on the awards in favor of
claimants under the convention of the eleventh
of April. 1839. should be paid on the thirtieth
of April 1843; and that the principal of said
awards, and the interest arising thereon, shall
be paid in five years, in equal instalments, eve
ry,Aliree months, the said term of five years to
commence on the thirtieth day of. April. as
aforesaid. The interest due on the thirtieth
day of April, 1843, and the three first of the
twenty instalments have been paid. Seventeen
of these instalments remain unpaid, seven of
which are now due.
The claims which were left undecided by
the joint commission. amounting to more than
three millions of dollars, together with other
claims for spoilatioos on the property of our
citizens, were subsequently presented to. the
Mexican government for payment, and were so
far recognized, that a treaty, providing for their
examination and settlemant by a joint commis
sion, was concluded and signed at Mexico, , on
the twentieth day of November, 1843. This
treaty was 'ratified by the United States, with
certain amendments, to which no just excep
tion could have been taken ; but it has not yet
received the ratification of the Mexican govern
ment. In the meantime, our citizens who suf
fered great losses, and some of whom have
been reduced from affluence to bankruptcy, are
without remedy, unless their enforc
ed by their government. Such a continued and
unprovoked series of wrongs could never have
been tolerated by the United States., had they
beet; committed by one of the principal nations
of turope. Mexico was, however, a neigh
boring sister republic. which, following our ex=
ample, had achieved her independence, and
for whose success and prosperity all our sym
pathies were early enlisted. 'The United
States were the first to recognise her inoepend.
cure, and to receive her into the family of na
tions, and have ever been desirous of cultivat
ing with her a good understanding. We have
therefore, borne the repeated wrongs she has
committed, with great patience, in the hope
that a returning sense ofjustice would ultimate
ly guide her councils, and that, we might. if
possible, honorably avoid any hostile colli
sion with her.
Without the previous authority of Congress,
the Executive possessed no power to adopt or
enforce adequate remedies'for the injuries we
had suffered, or to do more than be prepared
to repel the threatened aggression on the pen
of Mexico. After our army and navy had re
mained on the frontier 'and coasts of Mexico
for many weeks. without any hostile move
ment on her pan, though her' Mentes were
continued. I deemed it important to put an end:
if possible, to this state Of thirigii." With this
view, I caused steps to beitaken in the month
of September last. to ascertain distinctly, and
in an authentic form. what the designs of the
Mexican government were; whether it was
their intention to declare war, or invade Texas,
or whether they were disposed to 'adjust and
settle. in an amicable manner. this pending dif
ferenees betiveen the two - conntries. On the
ninth of November an official answer was
received, that the Mexican government con
sented to renew the diploniatie relations which
had been in Meet+ last; and for
that purpose were willing to accredit" a Minis
ter front the IleitetlSMiet. With- i 'sincere
desire to preserve peace, and restore relations
of good underatandingbetwein,the tworepub.
licit. 1 waived all ceremony alt to the manner of
renewing diplomatic intercourse between them
.and assuming the initiative.: on the tenth of
November a distinguished citizen of Louisiana
was appointed envoy extraordinary and minis
ter plenipotentiary to Mexico, clothed with
full powers to adjust. and definitively settle. all
pending, differences between the two countries
including those of boundarylbetween Mexico
and the State of Texas. The min isterapposm
ed Intent Out on hie mission. and is .probably 1
by this tithe near. the Mexican capital. He
has been instructed to bring the negotiation
with which he is , charged to a conclusion at
the earliest practicable period ; .which. it is ex-
pected. will be in time to enable me to com
municate the result to Congress during the
present session. Until that result is known. I
forbear to recommend to Congress such ulte
rior measures of redress for the wrongs and in
juries we have so long borne, as it would have
been proper to make. had no such negotiation
been instituted.
Congress appropriated, at the lest session.
the sum of two hundred andiseventy.five thou
thand dollam,for the payment of the April sod
July instalments of the Mexican indemnities
for the year 1844: " Provided it shall be as
certained to the satisfaction lof the American
government that said instalments have been
paid by the Mexican government to the agent
appointed by the United Stites to receive the
same, in such manner as to 'discharge all claim
on the Mexican government. and said agent to
be delinquent in remitting the money to the
United States. I
The unsettled state of pox relations with
Mexico has involved this subject in much mys
tery. The first information, in an authentic
form. from the agent of the L United States, ap
pointed under the the administration of my pre-'
decessor, was received at the State Department
on the ninth of November last. This is con.
tiqued io a letter. dated the seventeenth of
October, addressed by him Ito one of our eitt- .
sera then is Mexico. with ;the view of having' ,
it communicated to that department. From
this it appears - that the agent, on the twentieth
of September, 1844, gave a receipt to the
treasury of Mexico for the amount oldie April
and July instalments of the indemnity. In the
same communication, however. lie asserts that
he had not received a single dollar in cash;
but that he holds such securities as warranted
him at the time in giving the receipt, and en
tertains no doubt but that he will eventually
obtain the money.. As these instalments ap
pear never to have been actually paid by the
government i of Mexico to the agent, and as that
government has not therefore been released so
as to discharge the claim, I do not feel myself
warranted in directing payment to be made to
the claimants out of the treasury, without fur
ther legislation. Their case is, undoubtedly.
one of much hardship; and a remains for
Congress to decide whether any, and what,
relief ought to be granted to them. Our min. I
ister to Mexico has been instructed to ascer- '
lain the facts of the easel from the Mexican
government, in an authentic and official form,
and report the result with as little delay as pos
sible. i
My attention was early] directed to the ne
gotiation. which on the fourth of March last. i
found pending at Washington between the
United States and Great Britain. on the subject
of the Oregon; Territory. Three several at
tempts had been previously made to settle the
questions in dispute between the two countries
by negotiation, upon the principle of compro
mise ; but each had proved 'unsuccessful.
,These negotiations took place .at London, in
the years 1818, 1824. and 1826: the two first
under the administration-of Mr. Monroe, and the
lain under that of Mr.. Adams. The negotia
tion of 1818 having .failed to accomplish its
object. resulted in the convention of the twen
tieth of October of that year. By the third ar
ticle of that convention, it was " a g reed, that
any country that may be claimed by either
party on the northwest cciast of America, west
ward of the Stony mountains, shall together
with • its harbors. bays, and creeks, and the
navigation of all rivers within the same, be '
free and open for the term of ten years from
the date of the signature of the present conven
non, to the vessels, citizens, and subjects of
the two powers; it being well understood that;
this agreement is not td be construed to the
prejudice of any clatai which either of the two I
high contracting parties May have to any part
of the said country. nor /Mall it be taken to af-
feet the claims of any other power or State to
, any part of the said country ; the only object
of the hig-contracting parties in that respect
being, to ' prevent disputes stud differences
among themselves."
'The negotiation. of 1824 was productive of
no result, and the convention of 1818 was left
The negotiation of 1826, having also failed'
to effect an adjustment by compromise, result
ed in the convention of August the sixth.lB27. '
which it was-agreed to continue in force, for
an indefinite period, the provisions of the third
article tif ihe convention of the twentieth of
OCtobet. 1818; and it was further provided,that
"it shall be competent, however, to either of
the contracting parties, in case either should I
think - fit. at any time, sifter the twentieth of
October. 1826. on giving due nouce'of twelve
months to the other contracting party. to an-
nul Sind abrogate this convention, and it shall,
in seeh ease, be accordingly entirely annulled
and nbroirried after the expiration of the said
term of antics." In these attempts to adjust
the eonverity. the parallel of the forty-ninth
degree 0 north latitude had been offered by
the Ifni States - to Great Britain. and in those ;
of 1818 ' nd 1826. with .a further concession
of the fr e
t t
navigation of the Chlumbia. river
south of that
. latitude. The parallel of the
fortymin 6 degree, from the Rocky mountains
to its intersection with . the northeasternmost
branch of the Columbia. and thence down the
channel of that river to the sea, had been offer
-44.4. Great ,Britain, with an addition of s
small' detriehiti-wiritory . north cor the Colvin.,
his. Each of these propositions had been ' re; .
jeeted by the parties rerpectively.
In October, 1843, the Envoy Eztaaord,na•
ry and Minister Plenipotentiary of the United
States in Loadan was authorized to make a
similar offer to those made in 1818 and 1826.
Thus stood the question, when the negotiation
was shortly afterwards transferred to Wash
ington; and. on the twenty-third of August,
1844. was formally opened. under the direr.
Lionof my immediate pretlecessof. Like all
the previous negotiations. it was based upon
principles of "compromise;" and the avowed
purpose of the parties was, "to treat of the
respective claims of the ttio countries to the
Oregon territory, with the view to establish a
permanent boundary between them westward
of the Rocky mountains to the Pacific ocean."
Accordingly, on themventy-sizth of Angult,
1841. the British pFenipotentiary offered to di
vide the Oregon territory by the fdtty•moth
parallel of north latitude. from the Rocky
mountains to the pciitit of its intersection with
the noartheasteramost branch of the Columbia
river, and thence down that river to the sea ;
leaving the free navigation of the river robe en
joyed in common by both parties—the country
south of this line to belong to the United State,
and that north df it to Great Britain. At the
same time. be proposed, in addition, to yield
to the United States a detached territory,north
of the Colombia. extending along the Pacific
and the Straits of Fuca. from Bulfinch's harbor
inclusive, to Hood's canal, and to make:free to
the. United States any port or ports tooth of
latitude forty-nine degrees, which they might
desire, either on the main land, or on Quadra
and Vancouver's island. With the exception
of the free ports, this was the same offer which
had been made by the British. and rejected by'
the American government to the negotiation of
1826. This proposition was properly reject
ed by the American plenipotentiary on the day
it was submitted. This was the only prink,-
sition of compromise offered by the British
plenipotentiary requested that a proposal should
be made by the United States for "an equita.
ble adjustment of the question."
When I came into office, I found this Itr be
the state of the negotiation. Though enter
taining the settled conviction, that the British
pretensions of title could not be maintained to
any portion of the Oregon territory upon any
principle of public law recognised by nations,
yet. in deference to what had been done by my
predecessors, and especially in consideration
that propositions of compromise had been
thrice made by two preceding administrations,
to adjust the question on the parallel of forty
nine degrees, and in two of them yielding to
Great Britain the free navigation of the Colum
bia. and_ that the pending negotiation had been
; commenced on the basis of compromise, I
deemed it to be my duty not abruptly to break
it off. In consideration, too, that under the
conventions of 1818 and 1827, the citizens and
subjects of the two Powers held a joint occu
pancy of the country, I was induced to make
another effort to settle this long-pending con
troversy inthe spirit of moderation which had
given birth to the renewed discussion. A pro
-1 position was accordingly made, which was re
jected by the British plenipotentiary, who,
without afibmitting any other proposition, suf-1
fered the negotiation on his part to drop, ex
pressing his trust that the United States would
• offer what he saw fit to call " some further
proposal for the settlement of the Oregon ques
t lion, niore consistent with fairness and equity,
and with the reasonable expectations of the
British government." The proposition thus
offered and rejected, repeated the offer of the
parallel of forty-nine degrees of north latitude.
which had been made by two preceding ad
ministrations, but without proposing to surren
der to Great Britain, as they had done, the free
navigation of the Columbia river. The right
of any foreign power to the free navigation of
any of our rivers, through the heart of our
country, was one which I 'tsr-as unwilling to
concede. It also embraced a provision to make
free to Great Britain any poet or ports on the
cap of Quadra and Vancouver's island, south
of this parallel. Had this been a new ques
tion, coining under discussiou for the first time,
this proposition would not have been made. the
extraordinary and wholly inadmissible demands
of the British government, and the rejection of
the proposition made in deference alone to what
bad been done by my predecessors, and the
implied obligations which their acts seemed to
impose, afford satisfactory evidence that no
compromise which the United States ought to
accept, can be effected. With this conviction,
the proposition of compromise which had beeh
made and rejected, was, by my direction, sub
sequently withdrawn, and our title to the
whole Oregon territory asserted, and, as is be
lieved. maintained by irterragible facts and ar.
The civilized world will see in these pro
ceedings a spirit of liberal concession on the
part of the United States ; and this )govern
ment will be relieved from all responsibility
which may.follow the failure to settle the con
All attempts at compromise having failed. it
becomes the duty of Congress to consider
what measures it may be proper to adopt for
the security and protection of our citizens now
inhabiting. or who may hereafter inhabit Ore
gon. and for the maintenance of our just title
to that territory. In adopting measures for
this purpose. care should be taken that nothing
be done to violate the stipulations of the con
vention of 1827. which is still in force. The
faith-of treaties. in their letter and Spirit. has
ever been, and. I mist. will ever be. 'crepe
lonely obsereed by. the United Slates. Under
that convention, a year's notice is required to
be given by either party to the other. before
thejoint occupancy shall terminate. and before
either can rightfully assert or exercise excia.-
sive jurisdiction over any portion of the terri
tory. This notice it would, in my judgment,
be plopyr to give; and I recommend that pro.
vision be made by law for giving it according
ly, and tenninatinvin this manner the conven
tion of the sixth of Angus,, 1.827.
It will become proper for Congress to deter
mine, what legislation they,, tan, in the man
time. adopt without violating this convention.
13eYond all question, the protection of OUT laws
and our jurisdiction, eiVil and erianual. ought
to be immediately . extended over oil' titian=
in Oregon. They' have liairjust nese tnetiiii
plain of our long-neglect inibir. particular. aid
have, in consequence. been compenedlartheir
own security end protection. to establish• a
provisional government for themselves. Strong
in their allegiance and ardent in their attach'
went to the Untied igisiks. they hate heed Sidi
cast upon their own resources. They are
anxious that our lawn should be extended ate,
them, and I recommend that
,thie be,done,by
Congress with as little del ay 'as possible, in
the full eXtent to which the British Cornmeal
have proceeded in regard to British !abject. in
' that territory. by their act ot July.the second.
1821. .• for regulating the fur-trade. lad
lishing a criminal and civil jurisdiction within
certain parts of North America." By ibis set
Great Britain extended her law's and jurisdic
tion, civil and criminal. over her subjecti.'ent
gaged inlthe fur-trade in that territory. By it.
the courts of the province of Upper Canada
were empowered to take cognizance of causes
civil and criminal. Justices of the peace and
other judicial officers were authorized to be
appointed in Oregod, With ph*et to etectite
all process issuing from' the entitle Of that pin-
Vince. and to *• sit and hold courts of record for
the trial of criminal °genres and miedemeiii
ors," not made the-subject of capital punish
ment. and also of civil cases, where the cause
of action shalthot eseeed Id fettle the Mount
or sum of two hundred pounds."
Subsequent to. the date of this actaf,Parlia
ment, a grant was loader from the "Btitilb
crown " to the Hudson's Bay Company, of the
exclusive trade. , with the Indian tribes,in the
Oregon territory, subject to a reservation that
it shall hot operate to the exclusion ..of the
subjects of any foreign States who. under or
by force of env convention for the time being,
between us and such foreign States respective
ly. may be en ti tled to, and shall be engaged in;
the said trade.
It is much to be regretted. that while ander
this act, British iubjects have enjoyed the pro
tection of British lar d s and Britieb judicial lA
bunals throughout the whole of Onigoo. Aateri•
can citizens, in the same territory. bare en
joyed no such protection from their goters•
ment. At the tame time, the result illustrates
the character of our people and their instilla
tions. In spite of this neglect, they have mul
tiplied, and their number is rapidly increasing
in that territory. They have made no appeal
to arms, but have peacefully fortified them
selves in their new homes, by the adoption of
republican institutions for themselves; furn
ishing another example of the truth that self
government is inherent in the American breast,
and must prevail. It Is doe to them that
they should be embraced and protected by bar
It is deembtl iniktoHatit ►Gat out. taws. regn•
luting trade and intereontee with the Indian
tribes east of the Rocky mountains. should
be extended to such tribes Its dwell beybad
The increasing emigration to Oregon. mut
the care and protection which is due from the
government to its citizens in that distant region,
make it our duty, as it is our interest, to culti ,
vote amicable relations with the Indian tribes
of that territory. For this purpose. I recom
mend that provision be made for establishing
an Indian agency, and each sub-agents as may
be deemed necessary, boyond the Rocky moun
For the protection of emigrants , whilst on
their way to Oregon. against the attacks of the
Indian tribes occupying the country tbrotlgh
which they pass. I recommend that a suitable
number of stockades and block-house forts be'
erected along the usual route between our km
tier settlements on the Missouri and the - Rocky
mountains t and t h at an adequate force of
_mounted riflemen be raised to guard and OM ,
test them on their journey. The immediate
adoption of these recommendations by Con.
gress will not violate the provisions of the, el.
istine treaty. It will be doing nothing more
fur ;merman citizens than-British laws hive
long since done for British subjects itt thesune
It reqUires several months to perform the
voyage by sea from the Atlantic States to Ore
gon; and although we have a large number of
whale ships in the Pacific. but fete of them of
ford an opportunity of interchanging intelligenee
without treat delay. between our settlements
in that distant region and the United States.=A
An overland mail is believed to be entirely
practicable, and the iraportalme of establish►
lug stick a mail. as least once a Month. is sub.
milted to the favorable consideration of - Cona . .
It issubmitted to the Wisdom of Ctingresith
determine whether, at their present session. and
until after the expiration of the )"eat's nodeab
any other measures may be adopted eousuttintt
ly with the eonveniton of 1824: for the seetirit
ty of our rights.and the government end' too;
%roam of our citizens in Oregon. That it 'Will
ultimately be wise and proper to mike libenl . "
grants °fiend to the patriotic ploneete. Who.
amidst privations and dangers. lead the war
through savage tribes inhibiting the vast *its
dertiess intervening between 'ourfrontler setthP
meats and Oregon. and who' cultivate and are
ever ready to defemi- the - still. 1 amtrlly sadist
bed. To doubt whether they Will Obtain such '
grants as soon al the convention between the'
United States and Gets* Britain shall Melt
!eased to exist. would be to doubt the 'twit*
of Congress; but.: pending the year potato'
it is worthy of consideration whether a OOP
tattoo to this affet•ftnay he made. ettillsio B 44,
trash the spirit of that eonventioni ' •
The rreommendatinna whiab 1 bgetritedtls
as to the best manner of seeming our rights int
Oregon. are submitted to Congress With' tient--
deference. Should they. in their wisdom. de.
vise any other mode better eateulated to set
comp it s h t h e mem o object. it shall meet With qit
hearty cartel:tune&
At thiretid of the year's notice, should Coo;
gms think it proper to make provision for
givingthat notice. we shall ban reached a Os.
tiedwhen the national rights in Oregon must
rats rorarn
. '