1Treaty between Her Majesty and the United States of America, for the Settlement of the Oregon Boundary
Signed at Washington, June 15, 1846 (Ratifications exchanged at London, July 17, 1846) Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, deeming it to be desirable for the future welfare of both countries, 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:-- Her Majesty the Queen of the United Kingdom of Great Britain and Ireland has, on her part, appointed the Right Honourable Richard Pakenham, a member of Her Majesty's Most Honourable Privy Council, and Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States; and 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; 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:-- Article IFrom the point on the 49th parallel of north latitude, where the boundary laid down in existing treaties and conventions between Great Britain and the United States terminates, the line of boundary between the territories of Her Britannic Majesty and those, of the United States 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 the said channel, and of Fucas Straits to the Pacific Ocean; provided however that the navigation of the whole of the said channel and straits, south of the 49th parallel of north latitude, remain free and open to both parties. Article IIFrom the point at which the 49th parallel of north 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 intended 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. [Page 29]Article IIIIn the future appropriation of the territory south of the 49th parallel of north latitude, as provided in the 1st 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. Article IVThe farms, lands, and other property of every description, belonging to the Puget'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 of 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. Article VThe present Treaty shall be ratified by Her Britannic Majesty, and by the President of the United States, by and with the advice and consent of the Senate thereof; 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 15th do of June in the year of our Lord, 1846. [L.S.] RICHARD PAKENHAM. [L.S.] JAMES BUCHANAN.
2Declaration between Her Majesty and the United States of America, approving the Boundary Maps, prepared by the Joint Commissioners appointed under Article I of the Treaty of 15th June, 1846 (Oregon Territory).--Signed at Washington, February 24, 1870The Undersigned, Edward Thornton, Esquire, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States, and Hamilton Fish, Secretary of State of the United States, duly authorized by their respective Governments, having met together; The set of maps, 7 in number, which have been prepared by the Commissioners appointed by the two Powers to survey and mark out the boundary between their respective territories under the first Article of the Treaty concluded between them at Washington, on the 15th of June, 1846, having been produced; And it appearing that they do correctly indicate the said boundary from the point where the boundary laid down in Treaties and Conventions prior to June 15, 1846, terminates westward on the 49th parallel of north latitude to the eastern shore of the Gulf of Georgia, which boundary has been defined by the Commissioners by marks upon the ground; The Undersigned, without prejudice to the rights of their respective Governments as to the settlement and the determination of the remainder of the said Boundary, hereby declare that the said maps certified and authenticated under the signatures of Colonel John Summerfield Hawkins, Her Britannic Majesty's Commissioner, and of Archibald Campbell, Esquire, the Commissioner of the United States, and of which duplicate copies similarly certified and authenticated are in the possession of the Government of Her Britannic Majesty, have been duly examined and considered, and, as well as the marks by which the [Page 30] boundary to the eastern shore of the Gulf of Georgia has been defined upon the ground, are approved, agreed to, and adopted by both Governments. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at Washington, the 24th day of February, in the year of Our Lord, 1870. [L.S.] EDWARD THORNTON. [L.S.] HAMILTON FISH.
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