Oregon Country - Territorial Evolution

Territorial Evolution

The Oregon Country was originally claimed by Great Britain, France, Russia, and Spain; the Spanish claim was later taken up by the United States. The extent of the region being claimed was vague at first, evolving over decades into the specific borders specified in the US-British treaty of 1818. The U.S. based its claim in part on Robert Gray's entry of the Columbia River in 1792 and the Lewis and Clark Expedition. Great Britain based its claim in part on British overland explorations of the Columbia River by David Thompson and on prior discovery and exploration along the Coast. Spain's claim was based on the Inter caetera and Treaty of Tordesillas of 1493-94, as well as explorations of the Pacific coast in the late 18th century. Russia based its claim off its explorations and trading activities in the region and asserted its ownership of the region north of the 51st parallel by the Ukase of 1821, which was quickly challenged by the other powers and withdrawn to 54°40′N by separate treaties with the US and Britain in 1824 and 1825 respectively. Spain gave up its claims of exclusivity via the Nootka Conventions of the 1790s. In the Nootka Conventions, which followed the Nootka Crisis Spain granted Britain rights to the Pacific Northwest, although it did not establish a northern boundary for Spanish California, nor did it extinguish Spanish rights to the Pacific Northwest. Spain later relinquished any remaining claims to territory north of the 42nd parallel to the United States as part of the Adams-Onís Treaty of 1819. In the 1820s, Russia gave up its claims south of 54°40′ and east of the 141st meridian in separate treaties with the United States and Britain.

Meanwhile, the United States and Britain negotiated the Anglo-American Convention of 1818 that extended the boundary between their territories west along the 49th parallel to the Rocky Mountains. The two countries agreed to "joint occupancy" of the land west of the Rockies to the Pacific Ocean.

In 1821, as part of the forced merger between the North West Company and the Hudson's Bay Company the British Parliament imposed the laws of Upper Canada on British subjects in Rupert's Land and Columbia District, and gave the authority to enforce those laws to the Hudson's Bay Company. John McLoughlin, as chief factor of Fort Vancouver, applied the law to British subjects and sought to maintain law and order over American settlers as well.

In 1843 settlers established their own government, called the Provisional Government of Oregon. A legislative committee drafted a code of laws known as the Organic Law. It included the creation of an executive committee of three, a judiciary, militia, land laws, and four counties. There was vagueness and confusion over the nature of the 1843 Organic Law, in particular whether it was a constitutional or statutory. In 1844, a new legislative committee decided to consider it statutory. The 1845 Organic Law made additional changes, including allowing the participation of British subjects in the government. Although the Oregon Treaty of 1846 settled the boundaries of US jurisdiction, the Provisional Government continued to function until 1849, when the first governor of Oregon Territory arrived.

A faction of Oregon politicians hoped to continue Oregon's political evolution into an independent nation, but the pressure to join the United States would prevail by 1848.