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BC Historical Books

BC Historical Books

Treaty between Her Majesty and the United States of America, for the settlement of the claims of the… Great Britain. Treaties, etc. 1864

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Signed at Washington, July, 1863, 
Presented to both Houses of Parliament by Command of Her Majesty. 
PRINTED  BY HARBISON AND SONS,  Treaty between Her Majesty and the Hinted. States of America,
for the Settlement of the Claims of the Hudson's Bay and
Puget's Sound Agricultural Companies.
Signed at Washington, July m 1863,
[Ratifications exchanged at Washington, March 3, 1864.]
HER Majesty the Queen of the United Kingdom of Great Britain and Inland, and
the United States of America, being desirous to provide for the final settlement of the
claims of the Hudson's Bay and Puget's Sound Agricultural Companies, specified in
Articles III and IV of the Treaty concluded between Great Britain and the United Statesi
of America on the 15th of June, 1846, have resolved to conclude a Treaty for this purpose,
and have named as their Plenipotentiaries, that is ttesay :—
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the
Right Honourable Richard Bickerton Pemell, Lord Lyons, a Peer of Her United
Kingdom, a Knight Grand Cross of Her Most Honourable Order of the Bath, and Her
Envoy Extraordinary and Minister Plenipotentiary to the United States of America;
And the President of the United States of America, William H. Seward, Secretary
of State;
Who, after having communicated to each other their respective full powers, found iii
good and due form, have agreed upon and concluded the following Articles :—
Whereas by the IKrd and IVth Articles of the Treaty concluded at Washington, on
the 15th day of June, 1846, between Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland and the United States of America, it was stipulated and agreed
that in the future appropriation of the territory south of• the 49th parallel of north
latitude, as provided in the first Article of the said 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, should be
respected ; and that the farms, lands, and other property of every description belonging
to the Puget's Soimd Agricultural Company, on the north side of the Columbia River,
should be confirmed to the said Company; but that in case 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 should be
transferred to the said Government at a proper valuation, to be agreed upon between the
parties :
And whereas it is desirable that all questions 'between the United States5 authorities
on the one hand, and the Hudson's Bay and Puget's Sound Agricultural Companies on the
other, with respect to the possessory rights and claims of those Companies and of any
other'British subjects in Oregon and Washington territory, should be settled by the transfer
of those rights and claims to the Government of the United States for an adequate money
It is hereby agreed that Her Britannic Majesty and the United States of America
shall, within twelve months after the exchange of the ratifications of the present Treaty,
appoint each a Commissioner for the purpose of examining and deciding upon all claims
[120] arising out of the provisions of the above quoted Articles of the Treaty of June  15,
The Commissioners mentioned in the preceding Article shall, at the earliest convenient
period after they shall have been respectively named, meet at the city of Washington^ in
the District of Columbia, and shall, before proceeding to any business, make and subscribe
a solemn declaration that they will impartially and carefully examine and decide, to the
best of their judgment, and according to justice and equity, without fear, favour, or affection
to their own country, all the matters referred to them for their decision; and such
declaration shall be entered on the record of their proceedings.
The Commissioners shall then proceed to name an arbitrator or umpire to decide upon
any case or cases on which they may differ in opinion. And if they cannot agree in the
selection, the said arbitrator or umpire shall be appointed by the King of Italy, whom the
two High Contracting Parties shall invite to make such appointment, and whose selection
shall be conclusive on both parties. The person so to be chosen shall, before proceeding
to act, make and subscribe a solemn declaration, in a form that wThich shall
already have been made and subscribed by the Commissioners, which declaration shall also
be entered on the record of the proceedings. In the event of the death, absence, or incapacity of such person, or of his omitting, or declining, or ceasing to act as such arbitrator
or umpire, another person shall be named in the manner aforesaid to act in his place or
stead, and shall make and subscribe such declaration as aforesaid.
Her Britannic Majesty and the United States of America engage to consider the
decision of the two Commissioners conjointly, or of the arbitrator or umpire, as the case
may be, as final and conclusive on the matters to be referred to their decision, and forthwith
to give full effect to the same.
The Commissioners and the arbitrator or umpire shall keep accurate records and
correct minutes or notes of all their proceedings, with the dates thereof, and shall appoint
and employ such clerk or clerks, or other persons, as they shall find necessary to assist
them in the transaction of the business which may come before them.
The salaries of the Commissioners and of the clerk or clerks shall be paid by their
respective Governments. The salary of the arbitrator or umpire, and the contingent
expenses, shall be defrayed in equal moieties by the two Governments.
All sums of money which may be awarded by the Commissioners, or by the arbitrator
or umpire, on account of any claim, shall be paid by the one Government to the other in
two equal annual instalments, whereof the first shall be paid within twelve months after
the date of the award, and the second within twenty-four months after the date of the
award, without interest, and without any deduction whatever.
The present Treaty shall be ratified, and the mutual exchange of ratifications shall
take place in Washington, in twelve months from the date hereof, or earlier if possible.
Injfeith whereof, we, the respective Plenipotentiaries, have signed this Treaty and
have hereunto affixed our seals.
Done in duplicate at Washington, the 1st day of July, Anno Domini 1863.


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