| (Private and Confidential.) | Washington, June 6, 1846. |
My Dear Sir:—
I have but little time to scribble you a private letter before the closing of the mail to go by the Great Britain.
The President has determined to submit Lord Aberdeen’s project to the Senate. He had no alternative, as you know, between this and its absolute rejection.
The proviso to the first article would seem to render it questionable whether both parties would have the right to navigate the Strait of Fuca, as an arm of the sea, north of the parallel of 49°; neither does it provide that the line shall pass through the Canal de Arro, as stated in your despatch. This would probably be the fair construction.
The article relating to the possessions of British occupants south of 49° is vague and indefinite; and in order to prevent disputes between the two governments hereafter, as to the extent of these possessions, it would seem to be a prudent precaution to provide some means of ascertaining the rights of these occupants respectively. There is no reciprocal provision in the treaty for American settlers north of 49°. There may be none there; but yet such a provision would give the convention a fairer appearance.
The right of the Hudson’s Bay Company to the navigation of the Columbia presents the important difficulty. It is considered doubtful by the President and several members of the cabinet whether under the terms of the projet this right would not expire upon the termination of the existing charter of that company in 1859.
The President’s message will reiterate the opinions expressed in his annual message in favor of our title to 54° 40´; but in consideration of and in deference to the contrary opinions expressed by the Senate, his constitutional advisers, he submits the projet to them for their previous advice. He may probably suggest some modifications.
What the Senate may do in the premises is uncertain. There undoubtedly is in that body a constitutional majority in favor of settling the question on the parallel of 49° to the Straits of Fuca. The question of the perpetual navigation of the Columbia is and ought to be the point of difficulty. Should the Senate modify this article so as to limit the right to the termination of the existing charter of the Hudson’s Bay Company, I can scarcely suppose that the modification would be rejected by the British government.
I sincerely hope that you may not think of leaving London until the question shall be finally settled; and I am happy to learn from Robert that your continuance in London will not be prejudicial to your private interest at home.