of that territory was the only means of settling the qustion, they sanctioned the resolutions. The notice which Congress had authorized the President to give the English Government for the termination of the joint occupation of Oregon was communicated soon after through the American Minister at London.* This was followed by an offer upon the part of Mr. Packenham, to settle the question upon the basis of the proposition made by Mr. Polk in 1845. On the 10th of June, 1846, the Executive transmitted the proposal to the Senate, and solicited the advice of that body as to the course he should pursue. He stated in his message that the opinions which he had expressed in December, 1845, were unchanged; and that if the Senate should decline, by the constitutional majo * "Now, therefore, after a careful consideration of the premises, I, James K. Polk, President of the United States, in the exercise of the authority and discretion vested in me by the said 'joint resolution concerning the Oregon Territory,' and in pursuance of the second article of the convention of the 6th of August, 1827, therein mentioned, do hereby, in behalf of the United States, give notice to her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, that at the end of twelve months from and after the delivery of these presents by the Envoy Extraordinary and Minister Plenipotentiary of the United States at London to her Britannic Majesty, or her Majesty's Principal Secretary of State for Foreign Affairs, the said convention shall be entirely annulled and abrogated. In testimony whereof, I have caused the seal of the United States to be hereunto affixed, given under my hand at the [L. s.] City of Washington, this twenty eighth-day of April, A. D. 1846, and of the Independence of the said States the seventieth. "By the President, "JAMES BUCHANAN, Secretary of State." "JAMES K. POLK. rity, to advise him to accept the proposition, he should reject it. If, on the contrary, they should, by the majority required to ratify a treaty, advise him to accept the offer of the British Government, he would do so.* In this communication he committed himself to the action of the Senate, and it was well understood at Washington what advice that body would give *"To the Senate of the United States. "I lay before the Senate a proposal, in the form of a convention, presented to the Secretary of State on the sixth instant, by the Envoy Extraordinary and Minister Plenipotentiary of her Britannic Majesty, for the adjustment of the Oregon question, together with a protocol of this proceeding. I submit this proposal to the consideration of the Senate, and request their advice as to the action which, in their judgment, it may be proper to take in reference to it. "In the early periods of the Government, the opinion and advice of the Senate were often taken in advance upon important questions of our foreign policy. General Washington repeatedly consulted the Senate, and asked their previous advice upon pending negotiations with foreign powers, and the Senate in every instance responded to his call by giving their advice, to which he always conformed his action. This practice, though rarely resorted to in later times, was, in my judgment, eminently wise, and may, on occasions of great importance, be properly revived. The Senate are a branch of the treaty-making power; and, by consulting them in advance of his own action upon important measures of foreign policy which may ultimately come before them for their consideration, the President secures harmony of action between that body and himself. 'My opinions and my action on the Oregon question were fully made known to Congress in my annual message of the 2d of December last, and the opinions therein expressed remain unchanged. Should the Senate, by the constitutional majority required for the ratification of treaties, advise the acceptance of this proposition, or advise it with such modifications as they may, upon full deliberation, deem proper, I shall conform my action to their advice. Should the Senate, however, decline by such constitutional majority to give such advice, or to express an opinion on the subject, I shall consider it my duty to reject the offer."-Message of Mr. POLK to the Senate, June 10th, 1846. him. To reject the proposal of the English Government would have brought him into collision with a large majority of the Senate. The nerves which had remained unmoved during many political struggles, and the firmness which had often overcome the most fiery opposition, where the cheeks of the resolute and bold blanched with terror, were shaken at the prospect of a rupture with Great Britain unsanctioned by one branch of the legislative power. man. Upon the receipt of the Executive message, Mr. Allen moved that it be referred to the Committee on Foreign Relations, of which he was chairThis proposition was rejected by the deci sive vote of 37 to 9. A resolution was then introduced advising the President to accept the proposal of the British Government. Mr. Niles moved to amend that proposition* by providing that the right to navigate the Columbia River by the Hudson Bay Company, and all British subjects trading with them, be limited to the year 1863. This amendment was rejected by a vote of 31 to 10, and the resolution as originally introduced was passed by a vote of 38 to 12. Two more than the requisite number of votes were given in favor of the * "Resolved, That the right of navigating the Columbia River, secured to the Hudson Bay Company, and to all British subjects trading with the same, be limited to the year A. D. 1863, when it shall cease and determine."-Congressional Globe, 1st Session 29th Congress, p. 1223. "Resolved, (two-thirds of the Senators present concurring,) That the President of the United States be, and he is hereby, advised to accept the proposal of the British Government, accompanying his message to the Senate, dated 10th June, 1846, for a convention to settle boundaries bctween the United States and Great Britain, west of the Rocky or Stony Mountains."-Ibid. acceptance by the President of the offer made by Great Britain. On the 16th of June a message was received from the President of the United States announcing the fact, that a convention between the two Governments for the settlement of the Oregon boundary, had been signed on the day before.* On the *Convention between the United States of America and her Majesty, the Queen of the United Kingdom of Great Britian and Ireland, concluded at Washington, the 15th of June, 1846. "The United States of America and her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, deeming it to be desirable for the future welfare of both Governments, that the state of doubt and uncertainty which has hitherto prevailed respecting the sovereignty and government of the territory on the northwest coast of America, lying westward of the Rocky or Stony Mountains, should be finally terminated by an amicable compromise of the rights mutually asserted by the two parties over the said territory, have respectively named plenipotentiaries to treat and agree concerning the terms of such settlement: that is to say, The President of the United States of America has on his part furnished with full powers James Buchanan, Secretary of State of the United States, and her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, has on her part, appointed the right honorable Richard Packenham, a member of her Majesty's most honorable Privy Council, and her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States, who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: "ART. I. From the point on the forty-ninth parallel of north latitude where the boundary laid down in existing treaties and conventions between the United States and Great Britain terminates, the line of boundary between the territories of the United States and those of her Britannic Majesty shall be continued westward along the said forty-ninth parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly through the middle of the said channel and of Fuca's Straits to the Pacific Ocean. Provided, however, that the navigation of the whole of the said channel and straits, south of the forty-ninth parallel of north latitude, remain free and open to both parties. "ART. II. From the point at which the forty-ninth parallel of north 18th of June, 1846, the Senate, by a vote of 41 to 14, advised and consented to the ratification of the treaty.* latitude shall be found to intersect the great northern branch of the Columbia River, the navigation of the said branch shall be free and open to the Hudson's Bay Company and to all British subjects trading with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers; it being understood that all the usual portages along the line thus described shall in like manner be free and open. In navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens of the United States; it being, however, always understood that nothing in this article shall be construed as preventing, or intending to prevent, the Government of the United States from making any regulations respecting the navigation of the said river or rivers, not inconsistent with the present treaty. "ART. III. In the future appropriation of the territory south of the forty-ninth parallel of north latitude, as provided in the first article of this treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects who may be already in the occupation of land or other property, lawfully acquired within the said territory, shall be respected. "ART. IV. The farms, lands, and other property of every description, belonging to the Paget's Sound Agricultural Company, on the north side of the Columbia River, shall be confirmed to the said company. In case, however, the situation of those farms and lands should be considered by the United States to be of public and political importance, and the United States Government should signify a desire to obtain possession of the whole or any part thereof, the property so required shall be transferred to the said Government, at a proper valuation to be agreed upon between the parties. "ART. V. The present treaty shall be ratified by the President of the United States, by and with the advice of the Senate thereof, and by her Britannic Majesty, and the ratifications shall be exchanged at London at the expiration of six months from the date hereof, or sooner if possible. In witness whereof, the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Washington the fifteenth day of June, in the year of our Lord one thousand eight hundred and forty-six. [L. S.] "JAMES BUCHANAN. *Those who voted in the affirmative were Messrs. Archer, Ashley, |