The British plenipotentiaries, in conclusion, with a view as they said of laying a foundation of harmony between the two governments, proposed that the third article of the Convention of 1818 should now terminate. That "the boundary line between the territories respectively claimed by the two Powers, westward of the Rocky Mountains, should be drawn due west, along the 49th parallel of latitude, to the point where it strikes the north-easternmost branch of the Columbia, and thence down along the middle of the Columbia to the Pacific Ocean: the navigation of this river to be for ever free to the subjects or citizens of both nations." They remarked, "that in submitting it, they considered Great Britain as departing largely from the full extent of her right, and that, if accepted by the United States, it would impose upon her the necessity of breaking up four or five settlements, formed by her subjects within the limits that would become prohibited, and that they had formed, under the belief of their full rights as British subjects to settle there. But their government was willing, they said, to make these surrenders, for so they considered them, in a spirit of compromise, on points where the two nations stood so divided."
Mr. Rush, in reply, declared his utter inability to accept such a proposal, and in return consented, "in compliance with this spirit, and in order to meet Great Britain on ground that might be deemed middle, to vary so far the terms of his own proposal, as to shift the southern line as low as 49° in place of 51°." "I desired it," he writes, "to be understood, that this was the extreme limit to which I was authorised to go; and that, in being willing to make this change, I, too, considered the United States as abating their rights, in the hope of being able to put an end to all conflict of claims between the two nations to the coast and country in dispute."
The British commissioners declined acceding to this proposal, and as neither party was disposed to make any modification in their ultimatum, the negotiation was brought to a close.
EXAMINATION OF THE CLAIMS OF THE UNITED STATES.
Exclusive Sovereignty for the first Time claimed by the United States over the Valley of the Columbia.--The Statements relied upon to support this, not correct.--The Multnomah River erroneously laid down in Maps.--Willamette Settlement--Source of the Multnomah, or Willamette, in about 43° 45' N. L.--Clarke's River.--Source in 46° 30'.--The Northernmost Branch of the Columbia discovered and explored by Mr. Thomson.--The Pacific Fur Company not authorised by the United States Government.--The American Fur Company, chartered by the State of New York in 1809, a different Company for a different Purpose.--The Association dissolved at Astoria before the Arrival of H. B. M.'s Sloop of War the Racoon.--Protection of the National Flag.--Vattel.--Kluber.--Letter from Mr. Gallatin to Mr. Astor.--A Commission from the State required in respect of acquiring Territory.--Title by Discovery of the Mouth of a River.--Rivers Appendages to a Territory.--Vattel.--Common Use of great Rivers.--Mr. Wheaton.--Effect of the Principle to make the Highlands, not the Water Courses, the Boundaries.--Different Principle advanced by Messrs. Pickney & Monroe, in 1805, founded on Extent of Sea Coast.--Vattel.--Charters of Georgia, Pennsylvania, and Carolina.--Crozat's Grant opposed to the Spanish Discovery of the Mississippi.--Inconvenience in applying the Principle.--Conflict of Titles.--Course of the Columbia River.--Valley of the Columbia River does not extend across the Cascade Range, on the North Side of the River.--Derivative Title of the United States from Spain.--Spanish Version, in 1790, of Encroachments by Russia.--The Russian Statement.--The Russian American Company, in 1799--Lord Stowell.--Discoveries require Notification.--The Convention of the Escurial admitted to contain Recognitions of Rights.--Meaning of the Word "Settlements."