No. 2.
The Northern Boundary.
Article 34. Whereas it was stipulated by Article 1 of the treaty concluded at Washington on the 15th of June, 1846, between the United States of America and Her Britannic Majesty, that the *line of boundary between the territory 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 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 Her Britannic Majesty and of the Government of the United States 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 these claims is most in accordance with the true interpretation of the treaty of June 15, 1846.Matter and form of arbitration. [4]
[Page 20]Article 35. The award of His Majesty the Emperor of Germany shall be considered as absolutely final and conclusive, and full effect shall be given to such award without any objection, evasion, or delay whatsoever. Such decision shall be given in writing and dated. It shall be in whatsoever form His Majesty may choose to adopt. It shall be delivered to the representatives or other public agents of the United States and Great Britain respectively, who may be actually at Berlin, and shall be considered as operative from the day of the date of the delivery thereof.
Article 36. The written or printed case of each of the two parties, accompanied by the evidence offered in support of the same, shall be laid before His Majesty the Emperor of Germany within six months from the date of the exchange of the ratification of this treaty, and a copy of such case and evidence shall be communicated by each party to the other through their respective representatives at Berlin. The high contracting parties may include in the evidence to be considered by the arbitrator such documents, official correspondence, and other official or public statements bearing on the subject of the reference as they may consider necessary *to the support of their respective cases. After the written or printed case shall have been communicated by each party to the other, each party shall have the power of drawing up and laying before the arbitrator a second and definitive statement, if it think fit to do so, in reply to the case of the other party so communicated, which definitive statement shall be so laid before the arbitrator, and also be mutually communicated in the same manner as aforesaid, by each party to the other, within six months from the date of laying the first statement of the case before the arbitrator.[5]
Article 37. If in the case submitted to the arbitrator either party shall specify or allude to any report or document in its own exclusive possession, without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof, and either party may call upon the other through the arbitrator to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the arbitrator may require; and if the arbitrator should desire further elucidation or evidence with regard to any point contained in the statements laid before him, he shall be at liberty to hear one counsel or agent for each party in relation to any matter, and at such time and in such manner as he may think fit.
Article 38. The representatives or public agents of the United States and Great Britain at Berlin respectively shall be considered as the agents of their respective Governments to conduct their cases before the arbitrator, who shall be requested to address all his communications and give all his notices to such representatives, or other public agents, who shall represent their respective governments generally in all matters connected with the arbitration.
Article 39. It shall be competent to the arbitrator to proceed in the said arbitration, and all matters relating thereto, as and when he shall see fit, either in person, or by a person or persons named by him for that purpose, either in the presence or absence of either or both agents, and either orally or by written discussion, or otherwise. The arbitrator may, if he think fit, appoint a secretary or clerk for the purposes of the proposed arbitration, at such rate of remuneration as he shall think proper. This, and all other expenses of and connected with said arbitration, shall be provided for as hereinafter stipulated.
[Page 21]* Article 41. The arbitrator shall be requested to deliver, together with his award, an account of all the costs and expenses which he may have been put to in relation to this matter, which shall forthwith be paid by the two governments in equal moieties.[6]
Article 42. The arbitrator shall be requested to deliver his award in writing as early as convenient after the whole case on each side shall be laid before him, and to deliver one copy thereof to each of the said agents.