All attempts at compromise having failed, it becomes the duty of Congress to consider what measures it may be proper to adopt for the security and protection of our citizens now inhabiting or who may hereafter inhabit Oregon, and for the maintenance of our just title to that Territory.  In adopting measures for this purpose care should be taken that nothing be done to violate the stipulations of the convention of 1827, which is still in force.  The faith of treaties, in their letter and spirit, has ever been, and, I trust, will ever be, scrupulously observed by the United States.  Under that convention a year’s notice is required to be given by either party to the other before the joint occupancy shall terminate and before either can rightfully assert or exercise exclusive jurisdiction over any portion of the territory.  This notice it would, in my judgment, be proper to give, and I recommend that provision be made by law for giving it accordingly, and terminating in this manner the convention of the 6th of August, 1827.

It will become proper for Congress to determine what legislation they can in the meantime adopt without violating this convention.  Beyond all question the protection of our laws and our jurisdiction, civil and criminal, ought to be immediately extended over our citizens in Oregon.  They have had just cause to complain of our long neglect in this particular, and have in consequence been compelled for their own security and protection to establish a provisional government for themselves.  Strong in their allegiance and ardent in their attachment to the United States, they have been thus cast upon their own resources.  They are anxious that our laws should be extended over them, and I recommend that this be done by Congress with as little delay as possible in the full extent to which the British Parliament have proceeded in regard to British subjects in that Territory by their act of July 2, 1821, “for regulating the fur trade and establishing a criminal and civil jurisdiction within certain parts of North America.”  By this act Great Britain extended her laws and jurisdiction, civil and criminal, over her subjects engaged in the fur trade in that Territory.  By it the courts of the Province of Upper Canada were empowered to take cognizance of causes civil and criminal.  Justices of the peace and other judicial officers were authorized to be appointed in Oregon with power to execute all process issuing from the courts of that Province, and to “sit and hold courts of record for the trial of criminal offenses and misdemeanors” not made the subject of capital punishment, and also of civil cases where the cause of action shall not “exceed in value the amount or sum of lbs. 200.”