Telegraph and Texas Register (Houston, Tex.), Vol. 10, No. 51, Ed. 1, Wednesday, December 24, 1845 Page: 1 of 4
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MESSAGE
OF'HE PRESIDENT OF THE. U.; STATES.
Fellow-Citizens of the Senate
"" and House of Repi esenlatives :
""- Ills to me a source of unaffecttd satisfaction to meet
the representatives of the States and of the people in Con-
gress assembled as it will be to receive the aid of their
combined wisdom in the administration of public affairs.
To performing or the. first time the duty imposed on me
by' the constitution of giving to you information of the
state of th Union and recommending to your considera-
tion such m asures as in my judgment are necessary and
expedient I am happy that I can congratulate you on the
continued prosperity of our country. Under the blessings
of Divine Providence and the benign influenee of our free
institutions it stands before the world a spectacle of nation-
til happiness.
With our unexampled advancement in al! the elements
of national greatness-; the affection of the people is con-
firmed for the union of the States and for the doctrines of
popular Jiberty wh'ch lie al the foundation of our Govern-
ment. ' Itbecomes us In humilily. lo make our devout acknow-
ledgments to the Supreme RijIt of the Universe for the
inestimable civil and religious blessings with which we
are-favored. Ifr
-sln callings the attention of Congress to our rr-lations
with foreign powers lam gialirltd to be able to state that
though with some of them there have existed since your
fast session serious causes of irritation and misunderstand-
ing yet no actual hostilities have taken place. Adopting
thetmaxim in the conduct of our fonignaffaiis to "ask
nothing that is not right and submit to nothing that is
wrong" -it has been my anxious desire to preserve peace
with all nations j but at the same time to be prepaicd to
fesislaggression and to maintain all our just rights.
In pursuance of the Joint Resolution of Congress ''for
'annexing Texas to the United States" my predecessor en
the third day of March 1845 fleeted to submit the first
and second sections of that resolution to the Republic of
Texas as an overiare on the part of the United States
for her admission as a State into our Union. This elec-
tion I approved and accordingly the Charge d' Affairs of
the United States in TexaE under instructions of the tenth
ofjYjUrch 1845 presented these sections of the resolution
for the acceptance of that Republic Thepxecutive gov
ernment tne Vongress ana tne f eopie 01 a exas in uon-
vention have succtssively complied with all the terms and
jconditions of the Joint Resolution. A Constitution for
ihe Government of the State of Trxas formed by a Con
vention of Deputies 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 Congress thecorrespondencebetwccn
the Secretary of State and our Charge -d' Affaires in Texas
and 'also the correspondence of the latter with the authofi-
Ilies of Texas together with the official documents trans-
mitted by him to Jiis own Government.
The terms of annexation which were offered by the
United Stales having been accepted by Texas the public
faith ofboth parties is solemnly pledged to the compact of
their union- .Nothing remains to consummate the event
but thepassage of an act by Congress to admit the State of
"lexas into the Union upon an equal fooling with the
Original btates. Strong reasons exist why this should be
dohcat. an early period of the session. It will be observ-
edtbat by the Constitution of Texas the existing govern-
ment is only continued temporarily till Congress can act:
jaridthat the third Monday of the present month is the day
appointed (or holding the first general election. On that
.day a governor a lieul. governor and both branches of the
legislature will be chosen by the people. ThePresident
-"bfTexas is required immediately afier the receipt of offi-
cialjnformation that the new State hasbe'en admitted into
ourJEJnion by Congress to convene the legislature and
upon its meeting the existing government will be super-
coded and the State government organized. Questions
deeply interesting to Texas in common with the other
States :the extension of our revenue laws rand judicial
system over her people and territory as well as measures
ofa local character will claim the early attentiop of Con-
gress; and therefore upon every principle cf republican
government she ought to be represented in that body with-
out unnecessa delay. 1 cannot too earnestly recom-
meh'd prompt action on this important subject
As soon as the act to admit Texas its a State shall be
passed the union of the two republics will be cosumtnated
by their own voluntary censent.
This accession to our-.terriiory has been a bloodless
achjo venvoivt. 3&o-n-of force- Jjna-ioen rnifod to pro-
duce the result. The sword has had no part in the vic-
tory. We have not sought to extend our territorial pos-
sessions by conquest orour republican institutions over a
reluctant people. It was the deliberate homage of each
fpedple to the great principle of our federal union.
-lf we consider the exttnt of territory involved in the
annexation its prrspective influence on America the
means by which it has been accomplished springing pure-
ly from the choice of the people'ihemselvcs 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 bounded bv the
St Mary's on the Atlantic has pnssed the Capes of Flori-
da and been peacefully extendi d to the Del Norte. In
contemplating the grandeur of this event it is not to be for-
gotten that the result wasachieved in despite of the diplo-
matic interference of European Monarchies. Even
France the country which had been our ancient ally
the country which has a common interest with us in main-
taming tho freedom of the seas the couniry which by
the.cession of Louisiana first opened to us access to the
Golf of Mexico the country with which we have been
every year drawing more and more closely the bonds of
.successful commerce most unexpectedly and to our
unfeigned regret took part in an effort to prevent annexa-
Jion and to impose on Texas as a condition of the recogni-
tion of her independence by Mexico that she would never
join herself to the United States. We may rejoice that
the tranquility and pervading influence of the American
principle of self-government as sufficient to defeat the
purposes of British and French interference and that the
almost unanimous voice of the people of Texas has given
Johat interference a peaceful and ffective rebuke. From
-ilhis example European governments mayJearn how vain
. diplomatic arts and intrisues must eve Drove upon this
putment' against that system of 'self-government which
5Sf muiii iu our sonr anu wnicn wm ever resist ior
'
HOUSTON
Towards Tex.is I do not doubt that a liberal and gen-
erous spirit will actuate Congress in all lhat concerns her
interests and prosperity and that she will never have
cause to regret that she has united hor lone star" to our
glorious constellation.
I regret iu inform you that our relations with Mexico
since your last session have not been of the amicable
character which it is our desire to cultivate with all for-
eign nations. On the 6th of March last the Mexican En-
voy Extraordinary and Minister Plenipotentiary to the
United States made a formal protest in the name of his
government against the joint resolution passid by Con-
gress "for the annexation of Texas to the United Slates"
which he chose to regard as a violation of the rights of
Mexico and in consequence of it he demanded his pass-
ports. He was infocmed that the Government of ti.e
J United States did not consider tr is joint resolution as a
violation of any of the rights of Mexico or that it afforded
any just cause of offence to his government; that the Re-
public of Texas was an independi nt power owing no alle-
giance to Mexico and constituting no part of her dou.ain
or rightful sovereignty and jurisdiction. He was also
assured that it was the sincere desire of this governnn nt
to maintain with that of Mexico relations of peace and
good understanding lhat functionary however not-
withstanding these reprpsenlations and as&urances.-abiupt-ly
terminal d his mission and shortly afterwards left the
country. Our Envoy Extraordinary and Minister Pleni-
potentiary to Mexico was refused all official Intercourse
with that government and after remainingseveral months
by the permission of his own government he returned to
the United States. Thus by the acts of Mexico all diplo-
matic intercourse between the two countres was suspended.
Since lhat time Mexico has until recently occupied an
attitude of hostility. townrds the United States has been
marshalling and organizing armies issuing proclama-
tions and avowing the intention to make xvar on the U.
Slates either by an open declaration or by invading Texas.
Both the Congress and Conversion of the people of Texas
invited this government to send an army into that terri-
tory to protect and defend them against the menaced at-
tack. The moment the terms of annexation offend by
the United Statis were adopted by Texas the latin be
came so far a part of our own country as to make it our
duty to afford such protection and defence. I therefore
deemed it proper as a precautionary measure to order a
strong squadron to the coast of Mexico and to conct titrate
an efficient military force on the western frontier of Texas
Our army was ordered to take a-position in the country
between the Kueces and the Del .Norte and to repel any
invasion of theTexian territory win'ch might be. attempted
by the Mexican forces. Our squadron in the Galf was
ordered to co-operate with the army. But though our
army and nivy were placed in a position to defend our
ownand the rights of Texas they were ordered to com-
mit no act of hostility against Mexico unless she declared
war or was Herself the aggressor by striking the first
blow. The result hasbem that Mexico has made no
aggressive movement and our military and naval com-
manders have executed their orders with such discretion
that the peace of the two countries has not been disturbed.
Texas had declared her independence and maintained
it for more than nine years. She has had an organized
government in successful operation during that pi-iiod.
Her separate existence as an independent State had been
recognized by the United States and the principal powers
of Europe. Treaties of commeiee and navigation had
been concluded with her by different nations and it had
become manifest to the whole world that any furthenat-
tempt on the part of Mexico to.conquer her. oroveriVrnyr
fher government. woutdbe vain? niven MexicdTierself
had become satished of the fact; and while the question
of annexation was pending before the people of Texas
during the pastsummer the Government of Mexico by a
formal act agreed to recognize the Independence of
Texas on condition that she would not annex "hesself to
any other nation. The agreement to acknowledge the
Independence of Texas whether with or without this con-
dition is conclusive against Mexico. The independence
of Texas is a fact conceded by Mexico herself and she
had no right or authority to prescribe restrictions as to the
form of government which shevmight afterwards assume.
But though Mexico cannot complain of the United
States on account of the annexation of Texas it is to be
regretted that serious causes of misunderstanding between
the ttvo countries continue to exist growing out of unre-
dressed injuries inflicted by the Mexican authorities and
people on the persons and property of citizens of the
United States through a long series of years. Mexico
has admitted these injuries but has neglected and refused
to repair them. Such was the character of the wrongs
and such the insults repeatedly offered to American citi-
zens and tbe American fag by Mexico in palpable viola-
tion of the laws of nations and the treaty between the two
countries of the fifth of April 1821 that they have been
repeatedly-brought to the notice of Congress by my prede-
cessors. As early as the eighth of February 1887 the
President of the United States declared in a message to
Congress that "the length of'time since some of the Inju-
ries have been committed the repeated and unavailing
applications for redress the wanton character of some of
the outrages upon the persons and property of our citizens
upon the officers and flag of tho United States independent
of recent insults to this government and people by the late
Extraordinary Mexican minister would justify in theyes
of all nations immediate war."
He did not however recommend an immediate resort
lo this extreme measure; which he declare!; "should not
be used by justand generous nations confiding in their
strength for injuries committed if it can be honorably
avoided;" but in a spirit of forbearance proposed that an-
other demand be made upon Mexico for that redress
which had been so long and unjustly withheld. In these
VlftWR. PnmmillPPO ff thptivntiniiciirnf Or.-. : rn
ports made to their respective bodies concurred. Since
these proceedings more than eight yeais have elapsed
during which in addition to wrongsthen complaint d of
others of an aggravated character have been committed
on the persona and property of our citizens. A special-
agent was sent to Mexico in the summrrof 1838 with full
authority lo make another and final demand for rediess.
The demand was made; tho Mexican government promis-
ed to repair the wrongs of which we complained and alier
much delay a treaty of indemnity with that view was
concluded belweep the two powers on the eleventh of
April 1839 and was duly ratified by both governments.
By this treaty a joint commission was created lo adjudi-
cate and decide on the claims of American citizens on the
government of Mexico. The commission was organized
at Washington on the 25th day of Agust 1840. Their
time was limited to eighteen months; nt the expiration of
which they had abjudicated and decidpd claims amount-
ing lo two millions twenty six thousand one hundred and
thirty nine dollars sixty eight cents in favor of the citi-
zens ofthe United Stales acainst the Mexican govern-
ment leaving a large amount of claims undecided. Of
the latter tho American commissioner 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 authorized by the treaty. Still further
claims amounting to between three and four millions of
dollars were submitted to the board too late to be consid-
ered and were left undiaposed of. The sum ol two mil-
lions twenty six thousand one hundred and thirty nine
dollars and nnd sixty eight cenl9 decided by the board
was a liquidated and ascertained debt due by Mexico to
the claimants and there was no justifiable reason for
delaying its payment according to the terms of tho treaty.
Itwasnot however paid. Mexico applied for further
indulgence; and in that spirit of liberality and forbearance
which has ever marked the policy ofthe United States
towards that Republic the request "was granted; and on
WEDNESDAY DECEMBER 2
aif.UHflUBWtajJJLMUmjlMJ' ' -- ii .i-.-r -t
the 30th of January 1843 a new treaty was concluded.
By this treat' it was provided that the interest due on the
awards in favor of the claimants under the convention of
the 1 1th of April 1839 should be paid on the 30ih of Apr'l
1843 and that "the principal of said awards and the
interest arising thereon shall be paid in five years in
equal instalments every three months; the said term of
five years to commence on the 30th day of April 1843
as aforesaid." The interest due on the 30ih day of April
1843 and the three first of the twenty instalments have
been paid. Seventeen of thrseinstalments remain unpaid
soven 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 of spoliations on the
properly of our citizens were subsequently presented to
the Mexican government for payment and were so far
recognized that a treaty providing for their examination
md -eltlement by a joint commission was concluded and
signed at Mexico on the 20ih day of November 1843.
This treaty was ratified by the United Btat s u ilh rcrtain
amendments to which no just exception could have been
taken; but it hns not yet -eived the ratification of the
Mexican government. In the me Jiiiime our citizens who
suffen d great Josses and some of whom have been reduc
j'-dfrom affluence to baubiupicy are without remedyTTprevious negotiations it was based upon principles of-
unless their rights be enforced by their government
Such a continued and unprovoked series of wrongs could
never have been tolerated by the United Suites had they
been committed by one of the principal nations of Europe.
Mexico was however a neighboring sister republic
which following our example had achieved herindepen-
lenre and for whosesuceess and prosperity all our sym-
athies wpre early enlisted. The United Slates were the
first to recognize her independence and to receive her
into the family of nations and have ever been desirons of
ultivating with her a good Understanding. We have
ben-fore borne the repeated wrongs she has committed
with great patience in the hope lhat a returning sense
of justice would ultimately guide her councils and that
wc might if possible honorably avoid any hostile collis-
sion with her.
Without the previous authority of Congress the Exec-
utive possessed no power to adopt or enforce adequate
remedies for the injuries we had suffered or to do more
thin be prepared to repel the threatened aggressions on
the part of Mexico. After our army and navy had re-
mained on the frontier and coast of Mexico for many
weeks without any hostile movement on her part though
her menaces wpre continued I deemed it important to put
an end if possible to this state of things. With these
views I caused steps to be taken in the month of Septem-
ber last to ascertain distinctly and in an authentic- form
what the designs ofthe Mexican government were; wheth-
er it was their intentien to declare war or invade Texas
or whether they were disposed to adjust and settle in an
amicable manner the pending differences between the
two countries On tha 9th of November an official an-
swer was received that the Mexican government consen-
ted to renew the diplomatic relations which had been
suspended in March last: and for that purpose were will-
ing to accredit a minister from the United States. With
a sincere desire lo preserve peace and restore relations of
good understanding between the two republics I waived
all ceremSny as to the manner of renewing diplomatic
intercourse betwsen them; and assuming the iniitative on
tho tenth of November a distinguished citizen of Louis-
iana was appointed envoy extraordinary and minister
plenipotentiary to Mexico clothed with full powers to ad-
just and definitely settle all pending difficulties between
merrwoxoiinirTesriliciuuingniose oTooundary between
Mexico and the State of Texas. The minister appointed
has set out on his mission and is probably by this time
near the Mexican capital. He has been instructed to
bring the negotiation wifh which he is charged to a con-
clusion at the earliest practicable period; which it is ex-
pected will be in time to enable me to communicate the
result to Congress during the present session. Until that
result is known I forbear to recommend to Congress
such ulterior measures of redress for the wrongs and in
juries we have so long borne as it would have been prop-
er to make had no such negotiations been instituted.
Congress appropriated at the last session the sum of
two hundred and seventy five thousand dollars for the
payment ofthe April and July instalments ofthe Mexican
indemnities for the year 1844; "Provided it shall be as-
certained to the satisfaction of the American government
that said instalments have been paid by the Mexican gov-
ernment to the agent appointed by the United States to
receive the same in such manner as to discharge ail claim
on the Mexican government and said agent to be delin-
quent in remitting the money to the United States."
The unsettled slate of our relations with Mexico has
involved this in much mystery. The first information in
an authentic form from the agent of the United States
appointed under the administration of my predecessor was
received at the State Department on the ninth of Novem
ber last. This is con'ained in a le'ter dated ihe 17th of
October addressed by him to one of our citizens then in
Mexico with the view of having it coramunica'ed to that
Department From this it appears ibat the agent on the
29th ofSeptember 1844 gave a receiptvto the Treasury
of Mexico for the amount of the April and July instal-
ments ofthe indemnity. In the same communication
however he asserts that he had not received a single
dollar in cash but that he holds such securities as war-
ranted him at the time in giving the receipt and entertains
no doubj but lhat he will eventually obtain the money.
As these instalments appear never to have been actually
paid by the government 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 further legislation. Their case is
-trrrt lVoll
fn i i.j.i:
a-
Congrcss to decide whether any and what relief ought to
be granted to them. Our minister to Mexico has been
instructed to ascertain the facts of the case from the Mexi
can government in an authentic and official form and
report the result with as little delay as possible.
My attention was early directed to the negotiation
which on the fourth of March last I found pending at
Washington betwei n the U. States and Great Britain
on the subject of the Oregon Territory. Three several
attempts had been previously made to settle the question in
dispute between the two countries by negotiation upon
the principle of compromise; but each had proved unsuc
cessful.
These negotiations took place at London in the years
1818 1824 and 1826; the firstunder the administration
"of Mr. Monroe and the last under that of Mr. Adams.The
negotiation of 1818 having failed to accomplish its object
resulted in the convention of the 20th of October of that
year. By the 3rd article of that convention it was 'agreed
that any country which may be claimed by either party
on the northwest coast of America westward ofthe Sto
ny mountains shall together with its harbors bays and
creeks and the navigation ofall rivers within the same
be free and open for the term often years from the date of
the signature of the prescntconvention to the vessels citi
zensand subjects of both powers; it being well undoi stood
that this agreement is not to be. construed to the prejudice
of any claim which either of the two high contracting
parties may have to ony part of siid couniry; the "nly ob-
ject ofthe high contracting parties in this respect being to
prevent disputes and differences among themselves."
Thenogotiation of 1842 was productive of no result
and the convention of 1818 was left unchanged."
The negotiation of 1826 having also failed to effect an
adjustment by compromise resulted in the convention of
Ausrust the sixth 1827 by which it was agreed to con
tinue in force for an indefinite period the provisions of
the third article ofthe convention of the 20th of October
1818; nnd it was further provided that "it shall be com
1845.
VHL.
petent however to either of tho contracting parties in
case either should think fit at any time nftrr the 20th of
October 1828 on giving due notice of twelve months to
the other contracting pa-ty to annul ai d abrogate this
convention and it shall in sujhcase.be accordingly en-
tirely annulled and abrogated after the expiration of the
said term of notice." In these attempts to adjust the con-
troversy the parallel of tho 49th deg. of north latitude
had been offered by the U. Srto Great Britain and in
those of 1813 and 1826 with a furho- concession of the
free navigation of the Columbia river south ot that lati-
tude. The parallel of the 49lh degree frorn the Rocky
Mountains'to its intersection with the northernmost branch
ofthe Columbia and thence Sown the channel of that riv-
er to the sea had been offered by G. Britain with an ad-
dition ofa smalldrtached territory north ofthe Columbia.
Each of these propositions had been rejected by the par-
ties respectively.
In October 1843 the Envoy Extraordinary and Min-
ister Plenipotentiary of theU S in London was authori-
zed to make a similar offer to those made in 1818 and
1826. Thus stood the question when the negotiation was
shortly afterwards transferred to Washington; and on
the 23d of August 1844 was formally opened under the
direction of my immediate predecessor. Like all the
"compromise;" and the avowed purpose of the parties was
"to treat ofthe respective claims of :the two countries lo
the Oregon territory with the view to establish a perma-
nent boundary between them westward of the Rocky
mountains to the Pacific ocean " Accordingly on the
26th day of August 1844 the British Plenipotentiary of-
fered to divide the Oregon territory by the 49th parallel
of north latitude from the Rocky mountains to the point
of its intersection with the northeasternmost branch ofthe
Columbia river and thence down that river to the sea ; to
be enjoyed in common by both parties the country
south of this line to belong to the U. S. and the north of
it to G. Britain. At the same time he proposed in addi-
tion to yield to the U. S. a detach- d territory north ofthe
Columbia extending along the Pacific and tbe Straits of
Fuca from Bulfinch's harbor inclusive to Hood's canal
and to make free to the U. S. any port or ports south of
latitude 49 degrees which they might desire either on
the main land or on Quadra and Vancouver's island.
With the exception ofthe free ports this was the same of-
fer which had been made by the British and rejected by
the American government in the negotiation of 1826
This proposition was properly reje 'ted by the American
Plenipotentiary on the day it was submitted. This was.
the only proposition of compromise offered by the-British
Plenipotentiary. The proposition on the part ofGreat
Britain having been rejected the British Plenipotentiary
rrquested that a proposal should be made by the United
States for "an equitable adjustment of the question"
When I came into office I found this to be the state of
the negotiation. Though entertaining the settled convic-
tion that the British pretensions of title could not be main-
tained to any portion of Oregon territory upon any prin-
ciple of public law recognised by the law of nations yet
in deference to what had been done by my predecessors
and especially in consideration that propositions of com-
promise had been thrice made by two preceding adminis-
trations to adjust the question on the parallel of forty
nine degrees and in two of them yielding to Gn at Britain
the free navigation ofthe Columbia and lhat the pending
negotiation had been commenced on the basis of compro-
mise 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 ancLsubjects ofthe two pow
ers neiirarjumi occupancy ui tuu ccramty
i-wasnaoncbii
to make an effort to settle this long pending controversy
in the spirit of moderation which had given birth to the
renewed discussios. A proposition was accordingly made
which was rejected by the British plenipotentiary w;ho
without submitting any other proposition suffered the
negotiation on his part lo drop expressing M3 trust lhat
the United States would offer what he' saw fitto call "some
further proposals for the settlement of the Oregon ques
tion more consistent with fairness and equity and with
the reasonable expectations of theBritish government.5
1 he propositions thus offered and rejected repeated the
offer of the parallel of forty nino degrees in north latitude
which had been made by two preceding administrations
but without proposing to surrender to Great Britain as
they had done the free navigation ofthe 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 was unwilling lo concede. It also embraced
a provision to make free to Great Britain any port or
ports on the cap of Quadra and Vancouver's island
south of this parallel. Had this been a new question
coming under discussion for the first time this proposition
would not hive been made. The extraordinary and
wholly inadmissible demands ef 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 compromise which had
been made & rejected was by my direction subsequently
withdrawn and our title to the whole of Oregon territory
asserted and as it is believed maintained by irrefragable
facts and arguments.
The civilized world will see in these proceedings a
liberal concession on the part of the United States; and
this government will be relieved from all responsibility
which may follow the failure to settle the controversy.
All attempts to 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
Tnrntnry T.-. nHnplinir ""T""" for th
should be taken that nothing be done to violate the stipu-
lations of the convention of 1827 which is still in force.
The faith of treaties in their letter tnd spirit has evsr
bepn and I trust will ever be scrupulously observed by
the United States. Under thatconvention a year's notice
is rpquired to be given by either party to the other before
the joint occupancy shall terminate and before either can
rightfully assert or exercise exclusive jurisdiction over
any partion of the territory. This notice it would in my
judgment be proper to give; and I recommend that
provision b? made by law for giving it accordingly and
terminating in this manner tho convention of the.sixth of
August 1837.
It will become proper for Congress to determine what
legislation they capiin'the meantime adopt without vio-
lating this convention. Beyond all question the protection
of our laws and our jurisdiction civil' and 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 i n consequence been com-
pelled for their own security and protection to establish.a
provisional government for themselves. Strong in their
allegiance 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 Brit-
ish subjects in that territory by their act of July the 2nd
1821 "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 thnt territory. By it
the courts ofthe province of Upper Canada were empow-
ered to take cognizance of cases civil and criminal.
Justices ofthe peace and other judicial officers were auth-.
orized to be appointed in Oregon with power lo execute
all process issuing fromthe courts of that province ' and!
X. - NO. 51-WHOLENO. 522.
to "sit and hold courts of record'fortbe trioi'fof criminal
.offencesand misdemeanors" not made the"sobject of cap-
ital punishment and also of civil cases where the cause
of action shall not "exceed in value the amount or sum
of two hundred pounds."
Subsequent 10 the date of this act of Parliament q grant
was made from the British crown to the Hudson's Bay
Company ofthe exclusive trade with the Indian tribesjn
the Oregon territory subject to a reservation that it shall
not operate to the exclusion of "the subjects of 'any foreign
Stites who under or by force of any convention for the
time being between us and suchioreign slates respectively
may be entitled to and shall be engaged in said trade.
It is much to be regretted that while under this act
British subjects have enjoyed the protection t)f British
laws and British judicial tribunate throughout th'e wiidle
of Oregon American citizms in the same territory have
enjoyed no such protection from their government. Al
the same time the result illustrates the character of our
people and their institutions. Iu spite of this neglect they
have multiplied and their number is rapidly increasing
in that territory. They have made no nppeal to arrrs
but have peacefully fortified themselves in their new
homes by the ado ptioarof republican institutions for them-
selves ; furnishing another examplaaf the iruliuW salf
government is inherent in the A'mericarbferist anarmust
prevail! It is due to them lhat they should be embraced '
and protected by our laws'.
It Is deemed important that curflaws regulating trade
and intercourse with tho Indian tribes east of the Rocky
Mountains should be extended lo such tribes .as dwell
beyondjhem.
The increasing emigration to Oregon and 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 inter-
est to cultivate amicable relations with the Pndian tribes
of that territory. For this purpos? I recommend that
provisions be made for establishing an Indian agency and
such sub agi-ncies as may be deemed necessary bevond
tthe Rocky Mountains.
For the protection of emigrants whilst on their way to
Oregon against 'the attacks of the Indian tribesgeccupy-
Ing the-country through which they pass I recommend
lhat a suitable number of stockanes'and block Jiouse forts
be erected along the usual route between our frontier
settlements on the Missouri and the Rocky Mountains ;
and that an adequate forcef mounted riflemen be raised
to guard and protect them on their journey. Theimrae-
'diate adoption of these recommendations by Congress will
'not violate the provisions of Iho r-xistin "treaty. It will '
be doing nothing more for American citizens than British
laws long since have done for British subjects in Ihesame
territory.
It requires several months to prfwm the voyage 1y
sea from the Atlantic States to Oregon ; and although we
have a large number of whale ships in the Pacific but
few'of them afford an ontiortunitv'of interchnnmno- ?nt?
1 figence without gret delay between our; settlements in
mat uistant region ana the United States. An oveiland
! Consideration nfflnnorpso
It is submitted to the wisdom of Congress to determine
whether at their present session nd until after the expir-
ation of the year's notice any otlW measure may fca
adopted "consistently with the conventn of 1827 for tne
security of our rights and the go vernmeni. and protection
of our citizens in Oregon. That it wif ultimately be
wiseVnd proper to make lioeral grants oCJand to the
patriotic pioneers who zfmidst privation an Hnnrt-nr.
- rteim the-wat timnnnisaTagTrrrrbfe:a niuitBittKytH'v.rlr-
wiluerness iMervening"between our frdntiersetii&nnnia
and Oregon; and whojrultivate and afgo.eYer Tcady-o
defend the soil I am fully satisfied. Toaoubt whettit
they will obtain such grants as soon as the cenventfoa
between the United Slates and Great Britain shall bava
ceased to exist would be to doubt the justice of Congressj
but pending the year's notice it Is worthy of consideration
whether a stipulation to this effect may be made consist-
ently with the spirit of lhat convention.
The recommendations which I have made as to. the
best manner of securing our rights in Oregon areolmit
ted to Congress with great deference. .Should they ia
their wiscJom devise any other mode better calculated loir
accomplish the same object it shall meet ray hearty con-
currence. At the end of the years notice should Congress tbiakT
it proper to makf .provision for giving that notice weshall
have reached a p'ct)fe when the national rights in Oregon
must either be abandoned or firmly maintained That
they cannot be abandoned wihout a sacrifice of Doth na-
tional honor and interest is too clear to admit oFdoabt.
Oregon is a part of the North American contlnet. to -which
it is confidently affirmed the title of jhe United
States is the best now in existence. For hfe grounds'
which that title rests I refer you to the correspondence of
the late and present Secretary of State with the British:
Plenipotentiary during tho negotiation. Tbe British'
proposition of compromise which would make the Go
lumbia the line Soulu of forty-nine'uegrees with a trifling
addition of detached territory to the United States nortk.
of that river and would leave on the British side two-
thirds of the whole Oregon territory including ihe hem
navigation ofthe Columbia and all the valuable har.bpi3
of thtf Pacific can never for a moment be entertained by
the United States without an abandonment of their just
and clear territorial rights tbtir own sefrespect and tfi
national honor. For the information of Congress com-
municate herewith the correspondence which took place
between the two Governments during" tne late negotiation.
The rapid extension of our settlementstover our territo-
ries heretofore unoccupied; the addition fSnew States t9
our confederacy ; the expansion of free "pnociples and
our rising greatness as a nation are attracting the atten-
hasbeen broached in some of tbem ofa "balance of power11
on mis continent to cnectc our advancements The Uni-
ted Slates sincerely desirous of preser.vuelations of
good understanding with all nations; 'cannot In silence
permit any European interference on the North Ameri-
can continent; and should any such interference begat-
tempted will be ready to resist at any and air hazards;
It is well known to the American .peopla and to all nauonsxtitat
this government has never interfered with the relations subeSnar
between other governments. We have never made ourselves par-
ties (o their waft oralHances; wehavenot sought their tenitpces
by conquest; we; have not mmgied with parties in their domestic
struggles; and believinc our own form of government tajje the
best we have ncvec endeavored to propogateit by in. tngnes by di-
plomacy orHy force. We may clara on this continent a Eke ex-
emption from European interference. The nations of America are
equally sovereign and independent with ihoso of Enrqpe.
Tuey possess the same rights independent of allforeign Interposi-
tion to make war to concludepeace and to regulate tneirintcrnal
affaira. The people of the United. Slates cannot therefore- View
with indifference attempts of European powers to interfere with the
independent acuon of the nations on ihis continent. "The American
system of government's entirely different from ibat oFEunpe;
Jealousy among the different swverwKns of Europe lestanyof them
might become t6o powerful for the rest has caused themanxiciisly
to desire the establishment of what they terra the "balance of pow-
er." Itcannotbc permitted to have any application on tbejiorth
American continent and especially to iheUm'cd Stales. We must
ever maintain the principle that the people of this continent alone
have tJiaright to decide thtir own destuiy. Should anypomorr-of
them constituung an independent state propose to unite themselves
with our confederacy this wilt be a question for them and us to de-
term ine without any foreign interposition. We can never consent
thatEuropean Powers shallint rtere w prevent sneh-a union be-
cause it might disturb-the balance of power3' which they may de-
sire to maintain upon this continent. Near a quarter 01 a century
ago. the principle-was dist:nctly annoimcccfra The world ia the an-
nual meajoge of one of mKpredccesjorsrtbatVtha American conti-
nents by thefece and lnnepcndentcondttion which thsy have as-
sumed and mnay: are henuirth. net tobe considered as subjects
fortuture colonization by any Fnropean power" TTie principle
will apply with greatlypicreafed foro should any European pow
er attempt to esjahlish any new colour in Iwth Amewa Ja tha
existing cTrcumitanfces the world llze preU!t is feecicd a'prcper
occasion to reiterate and reaffirm the jHaeirle avowedly Mn 3&il-
roe and to state my cordial conenrrencen fta wisJcin. andseosii
policv. The reasseruon of ilus priccipte especially ia referesse fo.
Norlh America is at this day But tbejiromufgatroB 6f 2ip$icy
which'no European powolilchwIshtiaespoBtJbrinQ-resfffC--Existingrights
of every fiurepeasj nation &fcoIdbojesectet!j baW"
man 13 oetieveu to be emirery practicable and the impor-
tance of establishing such mail at least once a month
is submitted to the favorable eonsirlprntTnn f r!rn.
4
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P
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Moore, Francis, Jr. Telegraph and Texas Register (Houston, Tex.), Vol. 10, No. 51, Ed. 1, Wednesday, December 24, 1845, newspaper, December 24, 1845; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth78129/m1/1/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.