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United States territorial border changes

The Convention respecting fisheries, boundary, and the restoration of slaves between the United States of America and the United Kingdom of Great Britain and Ireland, also known as the London Convention, Anglo-American Convention of 1818, Convention of 1818, or simply the Treaty of 1818, was a treaty signed in 1818 between the United States and the United Kingdom. It resolved standing boundary issues between the two nations, and allowed for joint occupation and settlement of the Oregon Country, known to the British and in Canadian history as the Columbia District of the Hudson's Bay Company, and including the southern portion of its sister fur district New Caledonia.

The treaty marked the last permanent major territorial loss of Continental United States, the northern most tip of the territory of Louisiana above the 49th parallel north, known as the Milk River in present day southern Alberta. Britain ceded all of Rupert's Land south of the 49th parallel and west to the Rocky Mountains, including the Red River Colony.

Contents

Treaty provisions

The treaty name is variously cited as Convention respecting fisheries, boundary, and the restoration of slaves[1], Convention of Commerce (Fisheries, Boundary and the Restoration of Slaves)[2], and Convention of Commerce between His Majesty and the United States of America[3][4].

  • Article I secured fishing rights along Newfoundland and Labrador for the U.S.
  • Article II set the boundary between British North America and the United States along "a line drawn from the most northwestern point of the Lake of the Woods, [due south, then] along the 49th parallel of north latitude..." to the "Stony Mountains"[3] (now known as the Rocky Mountains). Britain ceded all of Rupert's Land south of the 49th parallel, including the Red River Colony. This settled a boundary dispute caused by ignorance of actual geography in the boundary agreed to in the 1783 Treaty of Paris that ended the American Revolutionary War. That earlier treaty had placed the boundary between the United States and British possessions to the north along a line going westward from the Lake of the Woods to the Mississippi River. The parties failed to realize that the river did not extend that far north, so such a line would never meet the river. The new treaty also created the anomalous Northwest Angle, the small section of the present state of Minnesota that is the only part of the United States outside Alaska north of the 49th parallel.
  • Article III provided for joint control of land in the Oregon Country for ten years. Both could claim land and both were guaranteed free navigation throughout.
  • Article IV confirmed the Anglo-American Convention of 1815, which regulated commerce between the two parties, for an additional ten years.
  • Article V agreed to refer differences over a U.S. claim arising from the Treaty of Ghent, which ended the War of 1812, to "some Friendly Sovereign or State to be named for that purpose". The U.S. claim was for return of, or compensation for, slaves that were in British territory or on British naval vessels when the treaty was signed. The Treaty of Ghent article in question was about handing over property, and the U.S. claimed that these slaves were the property of U.S. citizens.[3]
  • Article VI established that ratification would occur within at most six months of signing the treaty.

History

The treaty was negotiated for the U.S. by Albert Gallatin, ambassador to France, and Richard Rush, ambassador to the UK; and for the UK by Frederick John Robinson, Treasurer of the Royal Navy and member of the privy council, and Henry Goulburn, an undersecretary of state[4]. The treaty was signed on October 20, 1818. Ratifications were exchanged on January 30, 1819[1]. The Convention of 1818, along with the Rush-Bagot Treaty of 1817, marked the beginning of improved relations between the British Empire and its former colonies, and paved the way for more positive relations between the U.S. and Canada, notwithstanding that repelling U.S. invasion was a defence priority in Canada until the Second World War.

Despite the relatively friendly nature of the agreement, it nevertheless resulted in a fierce struggle for control of the Oregon Country in the following two decades. The British-chartered Hudson's Bay Company, having previously established a trading network centered on Fort Vancouver on the lower Columbia River, with other forts in what is now eastern Washington and Idaho as well as on the Oregon Coast and in Puget Sound, undertook a harsh campaign to restrict encroachment by U.S. fur traders to the area. By the 1830s, with pressure in the U.S. mounting to annex the region outright, the company undertook a deliberate policy to exterminate all fur-bearing animals from the Oregon Country, in order to both maximize its remaining profit and to delay the arrival of U.S. mountain men and settlers. The policy of discouraging settlement was undercut to some degree by the actions of John McLoughlin, Chief Factor of the Hudson's Bay Company at Fort Vancouver, who regularly provided relief and welcome to U.S. immigrants who had arrived at the post over the Oregon Trail.

By the middle 1840s, the tide of U.S. immigration, as well as a U.S. political movement to claim the entire territory, led to a renegotiation of the agreement. The Oregon Treaty in 1846 permanently established the 49th parallel as the boundary between the United States and British North America to the Pacific Ocean.

See also

References

  1. ^ a b United States Department of State (2007-11-01) (PDF). Treaties In Force: A List of Treaties and Other International Agreements of the United States in Force on November 1, 2007. Section 1: Bilateral Treaties. Compiled by the Treaty Affairs Staff, Office of the Legal Adviser, U.S. Department of State. (2007 ed.). Washington, DC. pp. 320. http://www.state.gov/documents/organization/83046.pdf. Retrieved 2008-05-23. 
  2. ^ Lauterpacht, Elihu, et al., ed. (2004). "Consolidated Table of Treaties, Volumes 1-125". in Edited by Elihu Lauterpacht, C. J. Greenwood, A. G. Oppenheimer and Karen Lee.. International Law Reports:. Cambridge University Press. pp. 8. ISBN 0-521-80779-4. http://assets.cambridge.org/052180/7794/excerpt/0521807794_excerpt.pdf. Retrieved 2006-03-27. 
  3. ^ a b c LexUM (2000). "Convention of Commerce between His Majesty and the United States of America.--Signed at London, 20th October, 1818". Canado-American Treaties. University of Montreal. http://www.lexum.umontreal.ca/ca_us/en/cus.1818.15.en.html. Retrieved 2006-03-27. 
  4. ^ a b LexUM (1999). "CUS 1818/15 Subject: Commerce". Canado-American Treaties. University of Montreal. http://www.lexum.umontreal.ca/ca_us/d_212_en.html. Retrieved 2006-03-27. 
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Source material

Up to date as of January 22, 2010

From Wikisource

Treaty of 1818
The Convention respecting fisheries, boundary, and the restoration of slaves between the United States and the United Kingdom of Great Britain and Ireland, also known as the London Convention, Anglo-American Convention of 1818, Convention of 1818, or simply the Treaty of 1818, was a treaty signed in 1818 between the United States and the United Kingdom. It resolved standing boundary issues between the two nations, and allowed for joint occupation and settlement of the Oregon Country.Excerpted from Treaty of 1818 on Wikipedia, the free encyclopedia.

Convention of 1818 between the United States and Great Britain

The United States of America, and His Majesty The King [George IV of the United Kingdom] of the United Kingdom of Great Britain and Ireland, desirous to cement the good Understanding which happily subsists between them, have, for that purpose, named their respective Plenipotentiaries, that is to say: The President of the United States [James Monroe], on his part, has appointed, Albert Gallatin, Their Envoy Extraordinary and Minister Plenipotentiary to the Court of France; and Richard Rush, Their Envoy Extraordinary and Minister Plenipotentiary to the Court of His Britannic Majesty: And His Majesty has appointed The Right Honorable Frederick John Robinson [1st Viscount Goderich], Treasurer of His Majesty's Navy, and President of the Committee of Privy Council for Trade and Plantations; and Henry Goulburn Esquire, One of His Majesty's Under Secretaries of State: Who, after having exchanged their respective Full Powers, found to be in due and proper Form, have agreed to and concluded the following Articles.

Contents

Article I

ARTICLE I.

Whereas differences have arisen respecting the Liberty claimed by the United States for the Inhabitants thereof, to take, dry, and cure Fish on certain Coasts, Bays, Harbours, and Creeks of His Britannic Majesty's Dominions in America, it is agreed between The High Contracting Parties, that the Inhabitants of the said United States shall have for ever, in common with the Subjects of His Britannic Majesty, the Liberty to take Fish of every kind on that part of the Southern Coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the Western and Northern Coast of Newfoundland, from the said Cape Ray to the Quirpon Islands on the Shores of the Magdalen Islands, and also on the Coasts, Bays, Harbours, and Creeks from Mount Joly on the Southern Coast of Labrador, to and through the Streights of Belleisle and thence Northwardly indefinitely along the Coast, without prejudice however, to any of the exclusive Rights of the Hudson Bay Company: and that the American Fishermen shall also have liberty for ever, to dry and cure Fish in any of the unsettled Bays, Harbours, and Creeks of the Southern part of the Coast of Newfoundland hereabove described, and of the Coast of Labrador; but so soon as the same, or any Portion thereof, shall be settled, it shall not be lawful for the said Fishermen to dry or cure Fish at such Portion so settled, without previous Agreement for such purpose with the Inhabitants, Proprietors, or Possessors of the Ground. And the United States hereby renounce for ever, any Liberty heretofore enjoyed or claimed by the Inhabitants thereof, to take, dry, or cure Fish on, or within three marine Miles of any of the Coasts, Bays, Creeks, or Harbours of His Britannic Majesty's Dominions in America not included within the above mentioned Limits; provided however, that the American Fishermen shall be admitted to enter such Bays or Harbours for the purpose of Shelter and of repairing Damages therein, of purchasing Wood, and of obtaining Water, and for no other purpose whatever. But they shall be under such Restrictions as may be necessary to prevent their taking, drying or curing Fish therein, or in any other manner whatever abusing the Privileges hereby reserved to them.

Article II

ARTICLE II.

It is agreed that a Line drawn from the most North Western Point of the Lake of the Woods, along the forty Ninth Parallel of North Latitude, or, if the said Point shall not be in the Forty Ninth Parallel of North Latitude, then that a Line drawn from the said Point due North or South as the Case may be, until the said Line shall intersect the said Parallel of North Latitude, and from the Point of such Intersection due West along and with the said Parallel shall be the Line of Demarcation between the Territories of the United States, and those of His Britannic Majesty, and that the said Line shall form the Northern Boundary of the said Territories of the United States, and the Southern Boundary of the Territories of His Britannic Majesty, from the Lake of the Woods to the Stony Mountains.

Article III

ARTICLE III. It is agreed, that any Country that may be claimed by either Party on the North West Coast of America, Westward of the Stony Mountains, shall, together with it's Harbours, Bays, and Creeks, and the Navigation of all Rivers within the same, be free and open, for the term of ten Years from the date of the Signature of the present Convention, to the Vessels, Citizens, and Subjects of the Two Powers: it being well understood, that this Agreement is not to be construed to the Prejudice of any Claim, which either of the Two High Contracting Parties may have to any part of the said Country, nor shall it be taken to affect the Claims of any other Power or State to any part of the said Country; the only Object of The High Contracting Parties, in that respect, being to prevent disputes and differences amongst Themselves.

Article IV

ARTICLE IV. All the Provisions of the Convention "to regulate the Commerce between the Territories of the United States and of His Britannic Majesty" concluded at London on the third day of July in the Year of Our Lord One Thousand Eight Hundred and Fifteen, with the exception of the Clause which limited it's duration to Four Years, & excepting also so far as the same was affected by the Declaration of His Majesty respecting the Island of st Helena, are hereby extended and continued in force for the term of ten Years from the date of the Signature of the present Convention, in the same manner, as if all the Provisions of the said Convention were herein specially recited.

Article V

ARTICLE V. Whereas it was agreed by the first Article of the Treaty of Ghent, that "All Territory, Places, and Possessions whatsoever taken by either Party from the other during the War, or which may be taken after the signing of this Treaty, excepting only the Islands hereinafter mentioned, shall be restored without delay; and without causing any destruction, or carrying away any of the Artillery or other public Property originally captured in the said Forts or Places which shall remain therein upon the Exchange of the Ratifications of this Treaty, or any Slaves or other private Property"; and whereas under the aforesaid Article, the United States claim for their Citizens, and as their private Property, the Restitution of, or full Compensation for all Slaves who, at the date of the Exchange of the Ratifications of the said Treaty, were in any Territory, Places, or Possessions whatsoever directed by the said Treaty to be restored to the United States, but then still occupied by the British Forces, whether such Slaves were, at the date aforesaid, on Shore, or on board any British Vessel lying in Waters within the Territory or Jurisdiction of the United States; and whereas differences have arisen, whether, by the true intent and meaning of the aforesaid Article of the Treaty of Ghent the United States are entitled to the Restitution of, or full Compensation for all or any Slaves as above described, the High Contracting Parties hereby agree to refer the said differences to some Friendly Sovereign or State to be named for that purpose; and The High Contracting Parties further engage to consider the decision of such Friendly Sovereign or State, to be final and conclusive on all the Matters referred.

Article VI

ARTICLE VI. This Convention, when the same shall have been duly ratified by The President of the United States, by and with the Advice and Consent of their Senate, and by His Britannic Majesty, and the respective Ratifications mutually exchanged, shall be binding and obligatory on the said United States and on His Majesty; and the Ratifications shall be exchanged in Six Months from this date, or sooner, if possible.

In witness whereof the respective Plenipotentiaries have signed the same, and have "hereunto affixed the Seal of their Arms.

Done at London this Twentieth day of October, in the Year of Our Lord One Thousand Eight Hundred and Eighteen.

ALBERT GALLATIN [Seal]
RICHARD RUSH. [Seal]
FREDERICK JOHN ROBINSON [Seal]
HENRY GOULBURN [Seal]


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