Mr. Fish to Mr.
Bancroft.
No. 351.]
Department of State, Washington, July 18, 1871.
Sir: I transmit to you herewith the draught of
a note which, in con junction with the representative of Her Britannic
Majesty, you will present to the Government of the Emperor of Germany,
in pursuance of the thirty-fourth article of a treaty signed at
Washington on the 8th of May, 1871, of which a copy is herewith sent,
requesting that His Imperial Majesty will be pleased to act as
Arbitrator in a question which has arisen between the Governments of the
United States and of Great Britain, in regard to a line of boundary
between the territories of the United States and those of Her Britannic
Majesty, under the first article of the treaty concluded at Washington
on the 15th of June, 1846, a copy of which is also sent to you. You will
accordingly arrange with your British colleague for the simultaneous
presentation of your respective notes.Draught of note
to be presented to Emperor of Germany in viting him to act as
arbitrator.
I am, &c.,
[Inclosure No. 1.]
Draught of note to he presented to the Government
of the Emperor of Germany.
The Government of the United States and the Government of Her
Britannic Majesty having agreed, by a treaty signed at Washington on
the 8th of May, 1871, of which a copy is hereunto annexed, together
with a copy of the previous treaty of June 15, 1846, herein referred
to, to submit to the arbitration and award of His Majesty the
Emperor of Germany the decision of the question set forth in the
thirty-fourth article of the first-named treaty, in the following
words: “Whereas it was stipulated by Article I of the treaty
concluded at Washington on the 15th of June, 1846, between Her
Britannic Majesty and the United States, that the line of boundary
between the territories of the United States and those of Her
Britannic Majesty, from the point on the forty-ninth parallel of
north latitude up to which it had already been ascertained, should
be continued westward along the said 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 Straits to the Pacific Ocean; and whereas
the commissioners appointed by the two high contracting parties to
determine that portion of the boundary which runs southerly through
the middle of the channel aforesaid were unable to agree upon the
same; and whereas the Government of Her Britannic Majesty claims
that such boundary-line should, under the terms of the treaty above
recited, be run through the Rosario Straits, and the Government of
the United States claims that it should be run through the Canal de
Haro, it is agreed that the respective claims of the Government of
the United States and of the Government of Her Britannic Majesty
shall be submitted to the arbitration and award of His Majesty the
Emperor of Germany, who, having regard to the above-mentioned
article of the said
[Page 256]
treaty, shall decide thereupon finally, and without appeal, which of
those claims is most in accordance with the true interpretation of
the treaty of June 15, 1846;” and the high contracting parties
reposing entire confidence in the spirit of justice and impartiality
which distinguishes His Imperial Majesty, the common friend of the
two states, having agreed, in pursuance of the said treaty, to
address themselves to His Imperial Majesty, and having further
mutually engaged, in the event of His Imperial Majesty being willing
to afford his good offices as arbitrator on this occasion, to
consider the award of His Majesty as absolutely final and
conclusive, and to give effect to the same without any objection,
evasion, or delay whatsoever, the undersigned has received the
orders of his Government to communicate to His Imperial Majesty the
treaty which has thus been made on the part of the Government of the
United States, and to express the President’s earnest desire that
His Imperial Majesty will be pleased to take upon him the office of
arbitrator in the question. The undersigned has the honor to request
His Serene Highness the Prince Bismarck to lay this communication
before His Majesty the Emperor of Germany, and to be pleased to make
known to the undersigned His Imperial Majesty’s determination with
regard to his acceptance of the desired arbitration.
[Inclosure No. 2.]
Extract from the treaty between the
United States and Great Britain of June 15, 1846.
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.
[Inclosure No. 3.]
[May 8,
1871]
Extract, from the Treaty of
Washington of May 8, 1871.
Article XXXIV.
Whereas it was stipulated by Article I of the treaty concluded at
Washington on the 15th of June, 1846, between the United States and
Her Britannic Majesty, that the line of boundary between the
territories of the United States and those of Her Britannic Majesty,
from the point on the forty-ninth parallel of north latitude up to
which it had already been ascertained, should be continued westward
along the said 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
Straits, to the Pacific Ocean and whereas the commissioners
appointed by the two high contracting parties to determine that
portion of the boundary which runs southerly through the middle of
the channel aforesaid were unable to agree upon the same; and
whereas the Government of Her Britannic Majesty claims that such
boundary-line should, under the terms of the treaty above recited,
be run through the Rosario Straits, and the Government of the United
States claims that it should be run through the Canal de Haro, it is
agreed that the respective claims of the Government of the United
States and of the Government of Her Britannic Majesty shall be
submitted to the arbitration and award of His Majesty the Emperor of
Germany who, having regard to the above-mentioned article of the
said treaty, shall decide thereupon, finally and without appeal,
which of those claims is most in accordance with the true
interpretation of the treaty of June 15, 1846.
