No. 37.
Mr. Buchanan to Mr. McLane.
Sir: * * * * * *
The President, since the date of his message, has seen no cause to change his opinion, either in regard to our title to Oregon, or to the manner in which it ought to be asserted. But the Federal Constitution has made the Senate, to a certain extent, [Page 47] a co-ordinate branch of the treaty-making power. Without their advice and consent no treaty can be concluded. This power could not be intrusted to wiser or better hands. Besides, in their legislative character, they constitute a portion of the war-making, as in their executive capacity they compose a part of the treaty-making power. They are the representatives of the sovereign States of this Union, and are regarded as the best index of the opinion of their constituents. A rejection of the British ultimatum might probably lead to war, and as a branch of the legislative power, it would be incumbent upon them to authorize the necessary preparations to render this war successful. Under these considerations, the President, in deference to the Senate, and to the true theory of the constitutional responsibilities of the different branches of the Government, will forego his own opinions so far as to submit to that body any proposition which may be made by the British Government not, in his judgment, wholly inconsistent with the right and honor of the country. Neither is the fact to be disguised that, from the speeches and proceedings in the Senate, it is probable that a proposition to adjust the Oregon Question on the parallel of 49° would receive their favorable consideration. * * * * *The President is desirous so to adjust the Oregon question as not to leave open any source from which might proceed new difficulties and new dangers, again to threaten the peace of the two countries. * * * *The President may consent to consult the Senate on any British proposition.[43]The President wishes not to leave open any source of new difficulties.
The President would also consent, though with reluctance, to submit to the Senate the second proposition suggested by you, dividing the territory in dispute between the two countries, “by extending the boundary to the Pacific by the forty-ninth parallel and the Straits of Fuca;” but without the superadded words “with tree ports to both nations.” These words are indefinite, and he cannot infer from them the extent of your meaning. In case the first proposition to which you refer should be made by the British government, the President would not object to the terms of his offer of the 12th July last, “to make free to Great Britain any port or ports on Vancouver Island south of this parallel, which the British Government may desire.” If the cape of this island should, however, be surrendered to Great Britain, as would be the case under the second proposition, then he would consider the question in regard to free ports as terminated. I need not enlarge to you upon the inconvenience, not to say impossibility, under our system of government, after one or more States shall have been established in Oregon, (an event not far distant,) of making any of their ports free to Great Britain, or any other nation. Besides, our system of drawbacks secures to other nations the material advantages of free ports without their inconveniences.The President would submit to the Senate the line of 49° and the Straits of Fuca.
There is one point which it is necessary to guard, whether the first or the second proposition should be submitted by the British government. The Strait of Fuca is an arm of the sea, and under the public law all nations would possess the same right to navigate it, throughout its whole extent, as they now have to the navigation of the British Channel. Still, to prevent future difficulties, this ought to be clearly and distinctly understood. * * * * * *
Louis McLane, Esq., &c., &c., &c.