when the negotiation wasshortly afterwards
t ansferred tc Washingtou ; and, on the
13d of A ujnst, 1844. was formerly opened,
iinder the direction of my immediate prede-
rssor. Like all the "previous negotiations;
at was based upon principles of "Compro
iui?e ;" and the avowed purpose of the par
ties was, "to treat of the respective claims
of the two countries to he Oregon territo
ry,with the view to establish a permanent
'.boundary between tlem westward of the
Kocky Mountains to the Pacific Ocean.'
Accordingly on the 26th of August, 1844,
.the British Plenipctentiary offered to divide
The Oregon teiritory by the forty-ninth parallel-
of noi th latitude, from the Rocky
JWountains to the point of its intersection
with the north-east-mos' branch of the Col
ombia river, and thence down that river to
-the sea, leaving the free navigation of the
sliver to be enjoyed in common by both par
lies the country south of this line to be
long to the United States, and that north of
it to Great Britain. At the same time he
proposed, in addition, to yield to the United
States a detached territory, north of the
Columbia, extending along the Pacific and
the Straits of Fuca, from Bulfinch's harbor
inclusive, to Hood's Canal, and to make
fire to the United Stales any pott or ports
south 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 pots, this
was the same offer which had been made
by the British, and rejected by the Ameri
can government in the negotiation of 1S26
This proposition was properly rejected by
The American Plenipotentiary on the day
it was submitted. This was the on)y pro
position of compromise offered by the Brit
ish Plenipotentiary. The proposition on
the pait of Great Britain having been re
jected, the British Plenipotenriary reques
ted that a pioposal should be made by the
United States for "an equitable adjustment
of he question-"
When I came into office, I found this to 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
jredecessors, 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 tree navigation of the Co
luinbn, and that the pending negotiation had
bjen commenced on the basis of compromise,
1 deemed it to be my duty not abruptly to
break it off. in consideration, too, that under
the conventions of 1818 nnd 1827, the citizens
and subjects of the two Powers held a joint
occupancy of the country, I was induced to
make another effort to settle this long.pending
controversy in the spirit of .moderation which
had given birth to the renewed discussion. A
proposition was accordingly made, which was
rejected by the British plenipotentiary, who,
without submitting any other proposition, suf
iered 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 question, more consistent with fair
ness and equity, and with the reasonable ex
pectations of the British government." The
proposition thus offered and rejected, repeated
the offer of the parallel of forty-nine degrees J
of north latitude, which had been made by
IT " -
iwo preceding aumimsiraiions, out witnout
proposing to surrender to Great Britain, as
they bad done, the free navigation of the Co
lumbia river. The right cf any foreicn power
to the free navigation of any of our rivers, j
through the heart of our country, was one
which I was unwilling to concede. It also
embraced a provision to make free to Great
Britain any port or ports on the cap of Quad
ra and Vancouver s island, south of this par
allel. Had this been a new question, coming
under discussion for the hrst time, this propo
sition would not have been made. The ex
traordinary and wholly inadmissible demands
of the British government, and the rejection
of the proposition made in deference alone to
what had been done by my predecessors, and
the implied obligation 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 cqmpromise which had been
made and rejected, was, by my direction, sub
sequently withdrawn, and our title to the
whole Oregon territory asserted, and, as is
believed, maintained by irrefragible facts and
arguments.
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
controversy.
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
Oregon, and for the maintenance of our just
title to that territory. In adopting measures
ior this purpose, care should be taken that
nothing be done to violate the stipulations of
the convention of 1827, which is still in force.
The faith of treaties, in their letter and spirit,
has ever been, and I trust will ever be, scru
pulously observed by the United States.
Under that convention, a year's notice is re
quired to be given by either pany to the
other before the joint occupancy shall termi
nate, and before either can rightfully assert
or exercise exclusive jurisdiction over any
portion of the territory. This notice it would,
in my judgment, be proper to give: and I
recommend that provision be made by law for
giving it accordingly and terminating in this
manner the convention of the sixth of August
1827. '
lt,will .become proper for Congress to de
termine what legislation they can, in the
,niean time, adopt without violating this con
vention. Beyond all question, the protection.
criminal, ought to be immediately extended
over our citizens in Oregon. They have had
just cause to complain of our long neglect in
this particular, and have, in consequence,
been 'ompelled for their own security and
protection, to establish a provisional govern
ment for themselves. Strong in their alle
giance and ardent in their attachment to the
United States, they have been thus cast upon
their own resources. They are anxious that
our laws should be extended over them, and I
recommend that this be done by Congress with
as little delay as possible, in the full extent to
which the British Parliament have proceeded
in regard to British sul jecls in that territory,
by their act of July the second, 18'2l, " for
regulating the fur trade, and establishing a
criminal and civil jurisdiction within certain
parts of North America." By this act Great
Britain extended her laws and jurisdiction,
civil and criminal, over her subjects, engaged
in the fur-trade in that territory. By it, the
conns f the province' of Uppe r Canada were
empowered to take cognizance of causes civil
and criminal. Justices of the peace and other
judicial omcers were autnorizea to oe ap
pointed in Oregon, with power to execute all
process issuing from the courts of that prov
ince, and to " sit and hold courts of record for
the trial of criminal offences and misdemean
ors" not made the subject of capital punish
ment, and also of civil cases, where the cause
of action shall not exceed in value the-amount
or sum of two hundred pounds "
Subsequent to the date of this act of Parlia
ment, a grant was made from the " British
crown" to the Hudson's Bay Company, of the
exclusive trade with the Indian tribes in the
Oregon territory, sul ject to a reservation that
it shall not operate, to the exclusion of " of the
subjects of any foreign States who, under or
by force ot any convention for the time being,
between us and such foreign States respec
ively, may be entitled to, and shall be en
gaged in, the said trade."
It is much to be regretted, that while under
this act, British subjects have ei j yed the pro
tection of British laws and British judicial
tribunals throughout the whole of Oregon,
American citizens, in the same territory, have
cnoyed no such protection from their govern
ment. At the same time, the result illustrates
the character of our people and their institu
tions. In spite ot 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 ; furnish
ing another example of the truth that self
government is inherent in the American breast,
and must prevail. It is due to them that they
should be embraced and protected by our laws.
It is deemed important that our laws, regu
lating trade and intercourse with the Indian
tribes east of the Rocky mountains, should be
extended to such tribes as dwell beyond them.
The increasing emigration to Oregon, and
the care and protection which is due from the
government to its citizens in that distant re
gion, make it our duly, as it is our interest
to cultivate amicably the relations with the
Indian tribes of that territory. For this
purpose I recommend that provisions be
made for establishing an Indian agency,
and such sub-agencies as may be deem
ed necessary beyond the Rocky Jloun
tains.
For the protection of emigrants whilst
on their way to Oregon, against the at
tacks of the Indian tribes occupying the
country through which they pass, I recom
mend that a suitable number of stock
ades and blockhouse forts be erected along
the usual route between our frontier set
tlements on the .Missouri and the Rocky
Mountains, and that an adequate force of
mounted riflemen be raised to guard and
protect them on their journey. The im
mediate adoption of these recommenda
tions by Congress will not violate the pro
visions of the existing treaty. It will be
doing nothing more for American citizens
than .British laws have done Ions; since for
British subjects in the same territory.
It required several mouths to perform
the voyage by sea from Ihe Atlantic Stales
lo Oregon; and although we have a large
number of whale ships in the Pacific, but
few of them ailord an opportunity of in
terchanging intelligence, without great
delay, between our settlement in that re
gion and the United States. An overland
mail is believed lo be entirely practicable,
and ihe importance of establishing such
a mail, at least once a month, is submitted
to the favorable consideration of Con
gress.
It is submitted to the wisdom of Con
gress to determine whether, at their pre
sent session and until after the expiration
of .the year's notice, any other measures
may be adopted, consistently with the
convention of 1827, for the security of
our rights, and the government and pro
lection of our citizens in Oregon. jTnat
it will ultimately be wise and proper to
make liberal grants of laud lo the patriot
ic pioneers, who amidst privations and
dangers lead the way through savage tribes
inhabiting the vast wilderness intervening
between our frontier jelllements and Or
egon, and who cultivate, and are- ever
ready to defend the soil. I am fully satis
Bed. To doubt whether they will obtain
such grants as soon as the convention be
tween the United States and Great Brit
ain shall have ceased to exist, would be to
doubt thejustice of Congress, but pending
the years notice, it is worthy of consid
eration whether a stipulation to this ef
feel may be made, consistently with the
spirit of that convention.
The recommendations which I have
made, as to the best .manner of securing
our rights in Oregon, are submitted to
Congress yvitn. .great .deference... Should
they, in their wisdom devise any other
mode better calculated to accomplish he
same object, it shall mce with my heaiy
concurrence.
At the end .of he years noice, should
Congress think it proper to mke provis
ion for giving that notice, we shall have
reaceed a period when the national rights
in Oregon must either be abandoned or
firmly maintained. That they cannot be
abandoned, without a sacrifice of both na
tional honor and interest, is too clear to
admit of doubt.
Oregon is a part of the North Ameri
can continent, to which it is confidently
affirmed, the title of the United States is
the best now in existence. For the
grounds on which that title rests, I refer
you to the correspondence of the late
and present Secretary of the State with
the British plenipotentiary during the ne
gotat ion.
The British proposition of compromise
would make the Columbia the line south
o: forly-ninelegrees, with a trilling addi
tion of detached lenitory to the United
Slates, north of that river, and would
leave on the British side two thirds of the
whole Oregon territory, including the free
navigation of the Columbia and all the
valuable harbors on the Pacific, can nev
er, for a moment, he entertained by the
United Stales, without an abandonment
of their just and clear territorial rights,
their own self-respect, and the national
honor. For the information of Congress,!
communicate herewith the correspond
ence which took place between the two
governments during the late negotiation.
The rapid extensions ofour settlements
over our territories heretofore unoccu
pied; the addition of new States : lo our
confederacy; Ihe expansion of free princi
ple5,;and our rising gielaness as a nation,
are attracting the attention of the powers
of Europe, and lately the doctrine
has been broached in some of them of
a "balance of power on this continent,
to check our advancement. The United
States, sincerely desirous of preserving
relations of good understanding with all
nations cannot in silence permit any Eu
ropean interference on the North Ameri
can continent; and should any such inter
ference be attempted, will be ready to re
sist it at any and all hazards.
His well known to the American oeo-
pie and to all nations, that this govern
ment has never interfered with the rela
tions subsisting between other govern
ments. We have nevev made ourselves
parties to their wars of alliances; we have
never sought their lerrito.ries by conquest;
we have not mingled in their domestic
struggles; and believe our own form ol
government to be the best, we have never
attempted to propogate it by intrigues, bj'
diplomacy, or by force. We may claim
on this continent a like exemption from
European interference. The nations of
America are equally sovereign and inde
pendent with those of Europe. They pos
sess the same ights,independent of all for
eign interposition, to make war, to con
clude peace, and to regulate theirjnlernal
affairs. The people of the United States
cannot, therefore, view with indifference
attempts of European powers lo interfere
with the independent action of the nations
on this continent. The American system
of government are entirely different from
that of Europe. Jealousy among the dif
ferent sovereigns of Euiope, lest any one
of them might become to powerful for the
rest, has caused them anxiously to desire
the establishment of what they term the
"balance of power." It cannot be per
mitted lo have any application on the
North American continent, and especially
to the United Stales. We ever maintain
the principal, that the people of this con
tinent alone have the right lo decide (heir
own destiny Should any portion of them
consisting of any independent State, pro
pose lo unite ihemslves with our confeder
acy, this will be a question for them and
us to determine, without any foreign in
terposition. We can never consent that
European powers shall interfere to pre
vent such a union, because it might dis
turb the "balance of power" which they
may desire to maintain upon this continent.
Near a quarter of a century ago, the prin
cipal was distinctly announced lo the
world in the annual message of one of my
predecessors, that "the American conti
nent, by the free and independent condi
tion which they have assumed and main
tain, are henceforth not to be considered j
as subjects for future colonization by any !
European Power. " This principle will j
apply with greatly ineieased force, should
any Europe hi power attempt to establish
any new colony in North America. In
the existing circumstances of the world,
the present is deemed a proper occasion
to reiterate and re affirm the principle
avowed by Mr. Monroe, and to state my
cordial concurrence in its wisdom and
sound policy. The reassertion of this
principle, especially in reference lo North
America, is at this day but the promulga
tion of a policy which no European power
-hould cherish the disposition lo resist.
Exhting rights of every, European nation
should be respected; but it is due alike to
our safety and our interests, that the effect
ing protection of our laws should be ex
tended over our whole territorial limits,
and that it should he distinctly annouhced
to'lhe world as our settled policy, that no
future European colony or dominion shell
with our consent, be planted oi established
on any part of the North American conti
nent. A question has recently arisen under
the tenth article of the subsisting treaty
between the United State? and Prussia.
By this article, Ihe counsels of the two
countries have the right to sit as judges
and arbitrators "in such differences as
may arise between the captains and crews
of the vessels belonging to the nation'
hose interests are committed to their
charge, without the interference of the lo
cal authorities, unless the conduct of the.
crews or of the captain should disturb the
order and tranquility of the country ; or
the said consuls should require their as
sistance lo cause their decision to be car
ried into effect or supported."
The Prussian consul at New Bedford,
in June, 1844-, applied to Mr. Justice Sto
ry to carr) into effect a decision made by
him between the captain ard cew of the
Borussia; but the request was refused on
the ground that, without previous tegisla
ton by Congress, the judiciary did not pos
ses the power lo give effect to this article
of the treaty. The Prussian government,
through their minister here, have com
plained of this violation of the treaty, and
have asked the government ol the United
Stales to adodt the necessary measures to
prevent similar violations hereafter. fJood
faith to Prussians well as toother nations
with whom we have similar treaty stipu
lations, requires that these should be faith
fully observed. I have deemed it prop
er, lo lay the subject before Congress, and
to recommend such legislation as may be
necessary to give effect lo these treaty ob
ligations. By virtue of an arrangement made be
tween the Spanish Government and that of
the United Slates, m December, 1831,
American vessels, since the twenty-ninth
of April, 1832, have been admitted toen
ler into the ports ofSpain, including those
of the Balearic and Canary islands, on pay
ment of the same lonageduty of five cents
per ton, as (hough they had been Spanish
vessel? and this, whether our vessels ar
rive in Spain directly from the United
Stales, or indirectly from any other coun
try. When Congress, by the act of the
thirteenth of July, 1832, gave effect lo this
arrangement between the two govern
ments, then confined the reduction of ton
nage duty merely lo Spanish vessels "com
ing from a port in Spain," leaving the for
mer discriminating duly to remain against
such vessels coming from a port in any
other country. It is manifestly unjust
that, whilst American vessels, ariving in
the ports of Spain from other countries,
pay no more duly than Spanish vessels,
Spanish vessels arriving in the ports of
the United Stales frun olher countries
should be subject to heavy discriminating
tonnage duties. I his is neither equality
nor reciprocity, and is in violation of the
arrangement concluded in December, 1831
between the two countries. The Spanish
government have made repeated and ear
nest remonstrances agains this inequality,
and the favorable attention ofCongres has
been seveial limes invoked to the subject
by my predecossors. I recommend as an
act of justice to Spain, that this inequality
be removed to Congress, and that the dis
crimiaating duties which have been levied
under the act of the 13th of July, 1832,on
Spanish vessels coming to the United
Slates from any other foreign country be
refunded. This recommendation does
not embrace Spanish vessels arriving in the
United States from Cuba and Porto Rico,
which will still remain subject to the pro
visions of the act of June 30th, 1834, con
ceming tonnage-duty on such vessels.
By theact of the 14th of July, 1832,
coffe was exempted from duly altogether.
This exemption was universal, without
reference to the country where it was pro
duced,orthe national character of the
vessel in which it was imported. By the
tariff act of the thirtieth of August, 1842,
this exemption Irom duly was restricted to
coffee imporlad in American vessels from
the place of its production; whilst coffee
imported under all other circumstances
was subjected lo a duty of twenty per
cent,i valorem. Under this act, and
ou existing treaty with the King of the
Netherlands, Java coffee imported from
the European ports of that Kingdom into
the United Slates, whether in Dutch or
American vessels, now pays this rale of
duty.
The government of the Netherlands
complains that such a discriminating duty
should have been imposed on coffee, the
production of one of its colonies, and
which is chiefly brought fiom Java to the
ports of that kingdom, and exported from
thence to foreign countries. Our trade
with the Netherlands is highly beneficial
to both countries, and our "relations with
them have been oflhe mqst friendly char
acter. Under all the circumstances of the
case, 1 recommend that this discrimina
tion should be abolished, and that (he cof
fee of Java imported from Ihe Nether
lands, be placed upon the same footing
with that imported direct flom Brazil and
olher countries were it is produced.
Under the eighth section of the tariff
act of the 30th of August, 1842, a duty of
fifteen cents per gallon was imposed on
Port wine in casks; while on the red wines
of several olher countries, when imported
in casks, a dutv of only six cents per gal
lon was imposed. This discrimination, so
far as regarded the Port Wine of Portu
gal, was deemed a violation lo our treaty
with the Power, -which provides that" No
higher or other duties shall be imposed on
the importation into the United States of
America of any article the growth, produce
or manufacture of the kingdom and pos
session of Portugal than such as are or
shall be payable on the like article being
the growth, produce or manufacture of
any olher foreign country." Accordingly,
to give effect to Ihe treaty, as well as lo
the intention of Congress, expressed in a
proviso to the tariff act itself; that nothing
contained should be so constructed as to
interfere with subsisting treaties with for
eign nations, a treasury circular circle
was issued on the 16th of July, 1844,
which, among olher things, declared that
duty on Port wine, of Portugal, in casks,
under the existing laws and treaty, to be
six cents per gallon, and directed (hat
the excess of duties which had been col
lected on such wine should be refunded.
By virtue of another clause in the same
section of the act, it is provided that all
imitations of Port, or any other wines,
"shall be subject lo the duty provided for
the genuine article." Imitations of Port
wine, the production of France, are im
ported to some extent into the United
States; and Ihe government of that coun
try now claims that, under a correct con
struction of the act, these imitations ought
not to pay a higher duty than that impos
ed upon the original Port wine of Portu
gal. It appears lo me lo be unequal and
unjust, that French imitations of Port wine
should be subject to a duty of fifteen cents,
while the more valuable article from Por
tugal should pay a duty of only six cents
per gallon. I therefore recommend to
Congress such legislation as may be ne
cessary to correct the inequality.
The late President, in his annual mes
sage of December last, recommended an
appropriation to satisfy the claims of the
Texan government against the United
States, which had previously adjusted, so
far as the powers of the Executive extend.
These claims arose out of the act of dis
arming a body of 1 exan troops under the
command of Major Snively, by an officer
in the service ot the United States, acting
under the orders of our government; and
the forcible entry into the custom-house
at Brayarly's lauding,, on Red river, by
certain citizens of the United States, and
taking away therefrom the goods seized
by the collector of the customs as forfeited
under laws of Texas. This was a liqui
dated debt, ascertained to be due to Tex
as when an independent Slate. Her ac
ceptance of terms of annexation proposed
by the United Stales does not discharge
or invalidate the claim. 1 recommend
that provisions be made for its payment.
The commissioner appointed to China
during the special session of Ihe Senate in
March last shortly afterwards set out on
his mission in the United States Ship Co
lumbus. On artiving at Rio de Janero on
his passage, the state of his health became
so critical, that, bv advice of his medical
.attendants, he returned to the United
States early in the month of October last.
Commodore Middle, commanding the Eas
India squadron, proceeded on his voyage
in the Columbus, and was charged by the
commissioner with the duly of exchang
ing with the proper authorities the ratiti
cations of the treaty lately concluded with
the Empeior of China. Since Ihe return
of the commissioner to the United States,
his health has been much improved, and
entertains the confident belief that he will
soon be able to prooceed on his mission.
Unfortunately, differences continue 'o
exist among some of the nations of South
America, which following our example,
have established their independence,while
in others internal dissensions prevail. It
is natural that our sympathies should be
warmly enlisted for their welfare; that we
should desire that all controversies be
tween them should be amicably adjusted,
and their governments administered in a
manner to protect the rights, and promote
the prosperity of their people. It is con
trary, however, to our settled policy, to
interfere in their controversies, whether
external or internal.
I have thus adverted to all the subject
connected with our foreign relations, to
which 1 deem it necessary to call your at
tention. One policy is not only peace
witn all, but good will towards all the
Powers of the earth. While we are just
to all, we require that all shall be just to
us. Excepting the differences. with Mex
I co and Great Britain, our relations with