Under these circumstances Her Majesty's government are anxious that my note should not remain unauswered. They cannot doubt that you, sir, will be ready to disclaim, on the part of the Cabinet of Washington, the having authorized, or having been in any way privy to these reported proceedings, and to give an assurance of the determination to discountenance and to repress, so far as the institutions of the United States will allow, all attempts to settle, by unauthorized acts of residence, a question which ought to be arranged by friendly discussion between the two governments, and with respect to which Her Majesty's government justly anticipated that I would have already entered into communication with you, under the instructions contained in the despatch from Lord John Russell, dated the 24th August, of which I had the honor to place a copy in your hands on the 12th ultimo. I have thought it my duty thus to make known to you the sentiments expressed by Her Majesty's government upon becoming acquainted with the concise telegraphic intelligence which appeared in the newspapers of this city on the 3d ultimo. I will not encroach upon your time by adding any observations of my own, either upon the detailed accounts which have since from time to time been received here from San Juan, or upon the frequent conversations which I have had the honor to hold with you respecting them. I will merely beg you to accept my best thanks for the information you have so courteously given me in the course of these conversations, and to believe that if I await with some impatience a more formal and explicit communication from you, it is because I am persuaded that such a communication would be the most effectual means of displaying in their true light the just and friendly sentiments of the Cabinet of Washington. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. LEWIS CASS, Secretary of State, Washington, D. C. LYONS. No. 12. Lord Lyons to Mr. Cass. WASHINGTON, October 10, 1859. SIR: Her Majesty's government have received my report of the verbal communication which you did me the honor to make to me on the 5th of last month, with regard to the recent occupation of the island of San Juan by United States troops. It is satisfactory to Her Majesty's government to learn, as to the past, that General Harney did not act on that occasion upon any order from the United States government, but entirely on his own responsibility. But, as to the future, Her Majesty's government cannot consider it satisfactory that my note of the 12th of May last should have remained without an answer. They have, consequently, requested me to press for an answer to that note, and to urge that orders be sent to the United States officers not to use military force on disputed territory without direct authority from the President, for Her Majesty's government cannot but think that if such acts are to take place by the sole direction of subordinate officers, and the President does not disavow them, the consequence must be as evil as if the President had authorized them from the beginning. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon LEWIS CAss, &c., &c., &c. LYONS. No. 13. Lord Lyons to Mr. Cass. WASHINGTON, October 15, 1859. SIR: I have the honor to inform you that I received this morning, from Her Majesty's principal secretary of state for foreign affairs, a despatch informing me that Her Majesty's government had had under their consideration my reports of the communications which had taken place between you, sir, and myself, previously to the 14th of last month, relative to the island of San Juan. Her Majesty's government awaited, with anxiety, the further decision of the government of the United States respecting that island. The withdrawal of the United States troops, or an arrangement for joint occupation by British marines and the military force of the United States, would provide for the immediate difficulty. But the course most conducive to permanent relations of friendship between the two countries would be the acceptance of the United States of the fair and equitable proposal contained in the despatch from Lord John Russell, dated the 24th of August last, of which I had the honor to place a copy in your hands on the 12th of last month. I am instructed, sir, earnestly to recommend these points to your attention, and to inform you that the course of Her Majesty's government will be guided by the nature of your reply. I have the honor to be, with the highest consideration, sir, your most obediert, humble servant, Hon. LEWIS CASS, Sr., &c., &c. LYONS. No. 14. General Cass to Lord Lyons. DEPARTMENT OF STATE, Washington, October 22, 1859. MY LORD: I have had the honor to receive your lordship's note of the 10th instant, in which you recall my attention to your previous note of the 12th of May, on the subject of the recent occupation of the island of San Juan by troops of the United States. In several conversations with your lordship, I have endeavored to place you fully in possession of such information on this subject as the President has received, and of the general views of this government with respect to it. You are aware that on the 14th July, 1855, Mr. Marcy, the late Secretary of State, addressed a letter to Governor Stevens, of Washington Territory, with the special purpose of preventing any conflict on the island pending the settlement of the title to it, which was in dispute between the two countries. While this government had no doubt whatever that the island belonged to the United States, it was quite willing, for this very reason, to await the result of negotiation which might be expected to lead to this conclusion. A copy of Governor Marcy's letter was communicated to Mr. Crampton, then Her Majesty's minister in Washington, and on the 18th of July, 1855, he replied, "entirely concurring in the propriety of the course recommended" to Governor Stevens, and expressing his intention to advise a similar course on the part of the local authorities of Great Britain. Nothing had been done on the part of the United States to change this condition of affairs at the time when General Harney thought it necessary, for the protection of American citizens, to direct a military force to take position on the island. In verbally communicating to you these facts, I also informed your lordship that General Scott had been ordered to Washington Territory with a view to ascertain the precise condition of affairs in that region, and with instructions calculated to prevent any further conflict of jurisdiction on the island, pending the negotiation between the United States and Great Britain, on the subject of their mutual claims to it under the treaty of 1846. The President fully concurs in the opinion expressed by Governor Marey, that the island is a part of the possessions of the United States, and he confidently hopes that this may be soon established by friendly discussion, without further collision of any character between the citizens and subjects of the two countries, residing in the vicinity of the island. Thinking it quite right that what has thus been stated in conversation should be repeated in a more distinct and formal manner, the President has instructed me to address to you this note, and to enclose to you copies of the instructions recently issued on the subject by the [acting] Secretary of War to General Scott, and by this Department to the governor of Washington Territory. In the transmission of these copies, I trust you will see renewed evidence of the desire of this government to maintain the most frank and friendly relations with that of Great Britain. I embrace this opportunity of renewing to your lordship the assurances of my high consideration. Lord LYONS, &c., &c., &c. LEWIS CASS. Mr. Cass to Governor Gholson. SIR: The information which has reached here, showing the serious state of things connected with the island of San Juan, has induced the President to order Brevet Lieutenant General Scott to that quarter to take the command of our military and naval forces, with such instructions as the circumstances call for. It is to be hoped that a firm and discreet course will prevent the occurrence of any further difficulties there, so that the matter in dispute may be settled by the respective governments. General Scott has been requested to explain to you the views of the President, and also to show to you the instructions he has received. I write you by the direction of the President, who desires that you would co-operate with General Scott, and exert your official authority, as well as your personal influence, to carry into effect the objects committed to him. Very respectfully, your obedient servant, RICHARD D. GHOLSON, Esq., Governor of Washington Territory, Olympia, W. T. LEWIS CASS. No. 15. Mr. Cass to Mr. Dallas. No. 209.] DEPARTMENT OF STATE, SIR: When the treaty of 1846 had been concluded, between the United States and Great Britain, it was believed that all controversy concerning the boundary between their respective possessions on the northwest coast of Amer *The instruction to General Scott is dated 16th September, 1859, and is printed in Senate Ex. Doc. No. 10, 36th Congress, 1st session, p. 22 a copy of which accompanies these papers. (See p. 160.) ica was forever set at rest. In order to accomplish this result, the United States had relinquished its title, which it regarded as clear and unquestionable to all that portion of Oregon Territory which was included between the parallels of 49° and 54° 40′ north latitude, and, for the sake of peace, consented to a deflection from the 49th parallel, so as to leave Vancouver's Island undivided to Great Britain. After these concessions, I need not explain to you with what regret and disappointment this government now finds its title drawn in question to still other territory, south of the parallel of 49°, its right to which it was thought was beyond any possible dispute. When the first doubt concerning it was suggested, it was hoped that it might be readily determined by the commissioners who should be appointed on the part of both governments to survey and mark out the treaty line. You are aware, however, that the commissioners appointed for this purpose were unable to agree as to that part of the boundary which lies between the point of deflection on the 49th parallel and the Straits of Fuca, and that they reported their disagreements to their respective governments. A new subject of difference has thus arisen between the two countries, the adjustment of which, we are admonished by recent events, cannot be long delayed without serious hazard to their friendly relations. It is doubtless in this view of it that the British government has recently proposed to the United States to adopt what it regards as a compromise line of boundary between the conflicting claims of the two commissioners. This proposal is made in a despatch from Her Majesty's principal Secretary of state for foreign affairs to Lord Lyons, the British minister, in Washington, dated August 24, 1859, a copy of which he was directed to furnish to this Department, and of which a copy will also accompany this note. The President has not failed to consider this despatch with all that attention that is due to the importance of its subject, and he cordially reciprocates the desire expressed by Her Majesty's government for a "mutually satisfactory and honorable settlement of the question" in controversy. He concurs also with Lord John Russell, that after the gradual disappearance, one after another, of so many of these points of difference which have disturbed the relations of the two countries, no reasonable doubt should be entertained that this new question which has arisen will, in like manner, be amicably adjusted. It is impossible, however, to reconcile these just and friendly sentiments of his lordship with the declaration which is made in another part of the same despatch, that the British government is already determined, under any circumstances whatever, to maintain its right to the island of San Juan: "The interests at stake in connection with the retention of that island are too important," it is said, "to admit of compromise, and your lordship will consequently bear in mind, that whatever arrangement as to the boundary line is finally arrived at, no settlement of the question will be accepted by Her Majesty's government which does not provide for the island of San Juan being reserved to the British Crown." If this declaration is to be insisted on, it must terminate the negotiation at its very threshold; because this government can permit itself to enter into no discussion with that of Great Britain, or any other power, except upon terms of perfect equality. And when Her Majesty's government declares that it will never yield is right to the island of San Juan, this government has only to declare a similar determination on the part of the United States, in order to render any further discussion of the subject entirely fruitless. I cannot persuade myself, however, that any such result as this was contemplated by Her Majesty's government, or that the United States could have been expected to enter upon a negotiation where its own claim was excluded in advance, and the only adjustment possible was that claimed by the opposite party. But for this confidence which he feels in the good intentions of Her Majesty's government, the President, I am instructed to say would not feel himself at liberty to entertain the proposition of Lord John Russell, even for the purpose of discussion; and it is only because he believes that the objectionable declaration by which it is accompa nied will receive a prompt explanation or withdrawal, that he has instructed me to offer some observations in respect to it. The proposition being a proposition of compromise, assumes, of course, that the difference between the two governments, as to the meaning of the treaty, in that part of it which is in controversy, is wholly irreconcilable. The President is not prepared, however, to reach this conclusion until every reasonable effort has been exhausted to avoid it, and he cannot help expressing his regret that the British government should have thought it necessary to abandon the treaty line for a line purely arbitrary, before any discussion whatever had been had on the subject with the United States. It is quite true that the commissioners of the two countries, who were appointed in 1856, failed to reach an agreement as to the water boundary between Vancouver's Island and the continent, but this very failure may have been induced by the conviction-with which the British commissioner seems to have entered upon his work-that a disagreement was inevitable. Such a result was even contemplated in the original instructions, under which Captain Prevost commenced his labors, and he was authorized, in view of it, to propose the very compromise which is now suggested by Lord John Russell, while he appears to have received substantially the same caution, with respect to the island of San Juan, which is given to Lord Lyons in the annexed despatch. Without entering into any comment upon the peculiar character of these instructions, or undertaking to determine how far they influenced the course of the British commissioner, I think they are calculated to explain, in some measure, the failure of the commission, and to justify the hope which the President still entertains, that the true line of the treaty may yet be agreed upon by the two governments. The treaty provides that the boundary line shall be continued westward along the said 49th 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 said channel, and of Fuca's Straits, to the Pacific Ocean; provided, however, that the navigation of the whole of said channel and straits south of the 49th parallel of north latitude remains free and open to both parties." It is much to be regretted, undoubtedly, inasmuch as the present controversy has arisen, that there was not annexed to the treaty of 1846 any map or chart by which the true meaning of the expressions made use of in this article could be authoritatively ascertained. Unquestionably, however, this subject was occasioned, and the terms of the article are less precise than they would otherwise have been, in consequence of the conviction of the negotiators of the treaty that their purpose in framing it was too clear to be misunderstood; and that, when this purpose was known, two great nations could never enter into conflict about the collocation of words, or the signification of a doubtful phrase. In this belief, I am persuaded that the negotiators were only just to their respective governments, and that, if the purpose of the article can be at once determined in harmony with the general tenor of its language, this discussion will be forever terminated. It is to this inquiry, therefore, that I shall first address myself. The Oregon negotiation which resulted in the treaty of 1846 originally involved, as you are aware, the whole of that territory west of the Rocky Mountains, between the parallels of 420 and 54° 40′ north latititude, which is now occupied south of the British line by the State of Oregon and the Territory of Washington. When President Polk came into office in 1845, he found this whole region still in the joint occupation of the United States and Great Britain, under the treaty of 1827. Repeated efforts had been made to accomplish an amicable division of the territory between the two countries upon the basis of the parallel of 49°, and a proposition for the compromise was actually pending in Washington when Mr. Polk became President. Under these circumstances he felt himself bound to continue the negotiation, although in his inaugu |