OregonTreaty of 1846

 

Historical Summary

The Oregon Treaty of 1846 was an agreement with Great Britain that gave the U.S. undisputed claim to the Pacific Northwest south of the 49th parallel. The states carved out of this treaty are the present states of Oregon, Washington, Idaho and the southwest corner of Wyoming. This treaty with Great Britain was signed on June 12, 1846 [9 Stat. 869], and all federal land patents of these states flow from the treaty and fall under the supremacy clause of the constitution, therefore, no state, private banking corporation or other federal agency can question the superiority of title to landowners who have "perfected" their land by federal land patent. Jurisdiction by any state court is invalid, and since federal land patents cannot be collaterally attacked as to their validity or authenticity as highest evidence of title, no mortgage institution can claim title to land by its “lien." Certified federal land patents were given free and clear title with no encumbrances, then or now!

The lead case that said treaty law cannot be interfered with by a state legislature in Ware v. Hylton, [(1976) 3 Dall. (3 U.S. 199)]. In this the Supreme Court held that a treaty is the supreme law of the land (Article VI, Section 2: "and the judges in every state shall be bound thereby, anything in the constitution or the laws of any State to the contrary notwithstanding”!)...that any act of the legislature cannot stand in its way because a treaty is the declared will of the people ,of all the United States and shall be superior to the constitution and laws of any individual state." [Emphasis by the court.] In other words federal land patents put into evidence by a land owner cannot be challenged by a state court because it flows from a United States treaty, and therefore, no court has jurisdiction over title or ownership to land that traces its source to the paramount or common source of title from the United States government, banks and private corporations notwithstanding, because federal land patents were never given to corporations, only to private citizens hence the term "private land claim" or “PLC" (as we call it) used by the Bureau of Land Management as the date of the original patent.

The lead case for the Louisiana Purchase States is American Insurance Company v. Canter [(1828) 1 Pet (26 U.S.) 511] in which Justice Marshall held the power to make treaties is an absolute power of the United States government and from that power arises the right to govern it, i.e., treaty law is superior to any state laws* and is the supreme law of the land (“zoning law” included*).


 

THE OREGON TREATY, 1846
TREATY WITH GREAT BRITAIN,

IN REGARD TO LIMITS WESTWARD OF THE ROCKY MOUNTAINS.

The United States of America and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, deeming it to be desirable for the future welfare of both countries that the state of doubt and uncertainty which has hitherto prevailed respecting the sovereignty and government of the territory on the northwest coast of America, lying westward of the Rocky or Stony Mountains, should be finally terminated by an amicable compromise of the rights mutually asserted by the two parties over the said territory, have respectively named plenipotentiaries to treat and agree concerning the terms of such settlement -- that is to say: the President of the United States of America has, on his part, furnished with full powers James Buchanan, Secretary of State of the United States, and her Majesty the Queen of the United Kingdom of Great Britain and Ireland has, on her part, appointed the Right Honorable Richard Pakenham, a member of her Majesty's Most Honorable Privy Council, and her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: --

Article I.
From the point on the forty-ninth parallel of north latitude, where the boundary laid down in existing treaties and conventions between the United States and Great Britain terminates, the line of boundary between the territories of the United States and those of her Britannic Majesty shall be continued westward along the said forty-ninth parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly through the middle of the said channel, and of Fuca's Straits, to the Pacific Ocean: Provided, however, That the navigation of the whole of the said channel and straits, south of the forty-ninth parallel of north latitude, remain free and open to both parties.

Article II.
From the point at which the forty-ninth parallel of north latitude shall be found to intersect the great northern branch of the Columbia River, the navigation of the said branch shall be free and open to the Hudson's Bay Company, and to all British subjects trading with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers, it being understood that all the usual portages along the line thus described shall, in like manner, be free and open. In navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens of the United States; it being, however, always understood that nothing in this article shall he construed as preventing, or intended to prevent, the government of the United States from making any regulations respecting the navigation of the said river or rivers not inconsistent with the present treaty.

Article III.
In the future appropriation of the territory south of the forty-ninth parallel of north latitude, as provided in the first article of this treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects who may be already in the occupation of land or other property lawfully acquired within the said territory, shall be respected.

Article IV.
The farms, lands, and other property of every description, belonging to the Puget's Sound Agricultural Company, on the north side of the Columbia River, shall be confirmed to the said company. In case, however, the situation of those farms and lands should be considered by the United States to be of public and political importance, and the United States government should signify a desire to obtain possession of the whole, or of any part thereof, the property so required shall be transferred to the said government, at a proper valuation, to be agreed upon between the parties.

Article V.
The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by her Britannic Majesty; and the ratifications shall he exchanged at London, at the expiration of six months from the date hereof, or sooner, if possible.

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at Washington, the fifteenth day of June, in the year of our Lord one thousand eight hundred and forty-six.

(signed by)
JAMES BUCHANAN
RICHARD PAKENHAM



 

 

Courts Exhibit:


The Oregon Treaty of 1846 was. An agreement with Great Britain that gave the U.S. undisputed claim to the Pacific Northwest south of the 49th parallel. The states carved out of this treaty are the present states of Oregon, Washington, Idaho and the south west corner of Wyoming. This treaty with Great Britain was signed on June 15 1846 {9 Stat. 869}., and all federal land patents of these states flow from the treaty and fall under the supremacy clause of the constitution. Therefore, no state, private banking corporation or other federal agency can question the superiority of title to land owners who have perfected their land by federal land patent. Jurisdiction by any state court is invalid, and since federal land patents cannot be collaterally attacked as to their validity or authenticity as highest evidence of title, no mortgage institution can claim title to land by its "lien." Certified federal land patents were given free and clear title with no incumbrances, then or now!


The lead case that said treaty1aw cannot be interfered with by a state legislature in Ware vs.Hylton [(1976)3 Dall. (3 U.S. 199)]. In this the Supreme Court held that a treaty is the supreme law of the land (Article VI, Section 2: "and the judges in every state shall be bound thereby, anything in the constitution or the laws of any State to the contrary
Notwithstanding” 1)...that any act of the legislature cannot stand in its way because a treaty is the declared will of the people of all the United States and shall be superior to the constitution and laws of any individual State. [Emphasis by the court.] In other words federal land patents put into evidence by a land owner cannot be challenged by a state court because it flows from a United States treaty, and therefore, no court has jurisdiction over title, or ownership to land that traces its source to the paramount or common source of title from the United States government, banks and private corporations notwithstanding, because federal land patents were not given to corporations, only private citizens hence the term "private land claim" or “PLC (as well as we call it) used by the Bureau of Land Management as the date of the original patent.


The lead case for the Louisiana Purchase States is American Insurance Company vs. Canter [(1828) 1 Pet (26 U.S.) 511] in which Justice Marshall had the power to make treaties in an absolute power of the United States government and from that power arises the right to govern it, i.e., treaty law is superior to any state laws and it is the supreme law of the land, “zoning law” included.

Exhibit #4

 


 

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