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North-west American water boundary. Correspondence respecting the award of the Emperor of Germany in… Great Britain. Parliament 1873

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Array   NORTH AMERICA.    No. 9 (1873).
NORTH-WEST AMERICAN WATER BOUNDARY.
CORRESPONDENCE
RESPECTING THE
AWARD OF THE EMPEROR OP GERMANY
IN THE
MATTER OF THE BOUNDARY LINE
BETWEEN
GREAT BRITAIN AND THE UNITED STATES.
UNDER THE TREATIES OE WASHINGTON ON JUNE 15, 1846,
AND MAY 6, 1871.
Presented to both Houses of Parliament by Command of Her Majesty.
1873.
LONDON:
PRINTED BY HARRISON AND  SONS. LIST   OF   PAPERS
No.
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Lord Odo Russell to Earl Granville
Lord Odo Russell to Earl Granville
One Inclosure.
Lord Odo Russell to Earl Granville
Two Inclosures.
Lord Odo Russell to Earl Granville
One Inclosure.
Viscount Enfield to Mr. Herbert
Viscount Enfield to the Secretary.to the Admiralty..
Earl Granville to Sir E. Thornton
Earl Granville to Lord Odo Russell
Lord Odo Russell to Earl Granville
Earl Granville to Lord Odo Russell        ..
Mr. Holland to Viscount Enfield
Earl Granville to Admiral Prevost ..
The Secretary to the Admiralty to Viscount Enfield
The Secretary to the Admiralty to Viscount Enfield
Earl Granville to Lord Odo Russell
The Secretary to the Admiralty to Viscount Enfield.
Earl Granville to Sir E. Thornton . . ...
Sir E. Thornton to Earl Granville ..
Sir E. Thornton to Earl Granville >        ..
Two Inclosures.
Sir-E. Thornton to Earl Granyille ..
Sir E. Thornton to Earl Granville '        ..
October    14,
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December 16,     11
December 23, 12
/5^,/y/ Correspondence respecting the Award of the Emperor of
Germany in the matter of the Boundary Line between
Great Britain and the United States, under the Treaties
of Washington of June 15, 1846, and May 6, 1871.
No. 1.
Lord Odo Russell to Earl Granville.—(Received October 17.)
My Lord. Berlin, October 14, .1872.
MR. BANCROFT called on me to propose that we should "jointly in one note,
or in identical notes," request the German Government, before the Arbitrator's
decision in the San Juan question be commnnicated to us, to inform us of the
amount of legal expenses incurred, which, according to Article XLI of the Washington Treaty, we are to pay in equal moieties.
Although the text of Article XLI fully justifies Mr. Bancroft's suggestion, as
the words are | the Arbitrator shall be requested to deliver, together with his
Award," &c, and that the account cannot be delivered with the Award, since it has
not yet been asked for, I requested Mr. Bancroft to let me refer previously to the
Foreign Office for your Lordship's sanction before I complied with his request.
(Signed)      j    ODO RUSSELL.        I
No. 2. ■'■..•-'"-
Lord Odo Russell to Earl Granville.—(Received October 28.)
My Lord, Berlin, October 21, 1872.
WITH reference to my despatch of the 14th instant, and to your Lordship's
telegram of the 19th instant, I have the honour to inclose herewith copy of the note
which, conjointly with Mr. Bancroft, I have this day addressed to M. de Balan,
requesting that we may be furnished, together with the Award, with the account of
the costs which may have been incurred in relation to the San Juan Arbitration.
I have, &c.
(Signed) ODO RUSSELL.
Inclosure in No. 2.
Lord Odo Russell to M. Balan.
THE Undersigned, Her Britannic Majesty's Ambassador Extraordinary and
Plenipotentiary Agent of the United Kingdom of Great Britain and Ireland at
Berlin under the Treaty of Washington of June 8, 1871, has the honour to request
his Excellency M. de Balan, Actual Privy Councillor, charged with the conduct of
the Foreign Office, that, in accordance with the provisions contained in Articles
XXXIX, XL, and XLI of the said Treaty, there may be delivered to the Undersigned, with the Award which shall be made in pursuance of said Treaty, an account
of all the costs and expenses which shall have been incurred in relation to the
[125J B 2
—^
1/ matter, to the end that they may be discharged by the two Governments in equal
moieties, as provided by said Treaty.
The Undersigned, &c. (Signed)   .      , ODO RUSSELL.
Berlin, October 21, 1872.
No. 3.
Lord Odo Russell to Earl Granville.—(Received October 28.)
My Lord, Berlin, October 23, 18/2, 11 '45 p.m.
I HAVE the honour to transmit herewith to your Lordship by Admiral Prevost
the Decision and Award of the Emperor of Germany respecting the true interpretation of the Treaty of June 15, 1846, which, in accordance with the XXXVth Article
of the Treaty of Washington, is given in writing, signed by His Majesty, and dated
on the 21st instant, and is forwarded to me by M. de Balan, in a letter dated to-day,
the 23rd instant, which has just been handed in at this Embassy.
I have, &c.
(Signed) ODO RUSSELL.
Inclosure 1 in No. 3.
M. de Balan to Lord Odo Russell.
(Translation.) Berlin, October 23, 1872.
HIS Imperial and Royal Majesty, having, in accordance with the Treaty of
Washington of May 8, 1871, given His Royal Award in the Boundary Question at
issue between Great Britain and the United States, the Undersigned has the honour
herewith to transmit to his Excellency Her Britannic Majesty's Ambassador, Lord
Odo Russell, the Award in writing, informing him at the same time that a similar
document has been forwarded to the Envoy of the United States at this Court.
The Undersigned, &c. (Signed) BALAN.
Inclosure 2 in No. 3.
Award of His Majesty the Emperor of Germany on the San Juan Boundary Question.
W1R, WILHELM, von Gottes Gnaden, Deutscher Kaiser, Konig  von  Preussen,
&c, &c, &c.
Nach Einsicht des zwischen den Regierungen Ihrer Britischen Majestat und
der Vereinigten Staaten von Amerika geschlossenen Vertrages de dato Washington
den 6ten* Mai, 1871, Inhalts dessen die gedachten Regierungen die unter ihnen
streitige Frage: ob die Grenzlinie, welche nach dem Vertrage de dato Washington
den 15ten Juni, 1846, nachdem sie gegen Westen langs des 49ten Grades Nordlicher
Breite bis zur Mitte des Kanals, welcher das Festland von der Vancouver Insel
trennt, gezogen worden, siidlich durch die Mitte des gedachten Kanals und der
Fuca-Meerenge bis zum Stillen Ocean gezogen worden soil, durch den Rosario-
Kanal, wie die Regierung Ihrer Britischen Majestat beansprucht, oder durch den
Haro-Kanal, wie die Regierung der Vereinigten Staaten beansprucht, zu ziehen sei,
Unserem Schieds-spruche unterbreitet haben, damit Wir endgiiltig und ohne
Berufung entscheiden, welcher dieser Anspriiche mit der richtigen Auslegung des
Vertrages vom 15ten Juni, 1846, am meisten im Einklange stehe ;
Nach Anhorung des Uns von den durch Uns berufenen Sach- und Rechtskun-
digen liber den Inhalt der gewechselten Denkschriften und deren Anlagen erstatteten
Vortrages,
Haben den nachstehenden Schiedsspruch gefallt:—
Mit der richtigen Auslegung des zwischen den Regierungen Ihrer Britischen
Majestat und der vereinigten Staaten von Amerika geschlossenen Vertrages de dato
Washington den I5ten Juni, 1846, stent der Anspruch der Regierung der Vereinigten Staaten am meisten im Einklange, dass die Grenzlinie zwischen den Gebieten
* Sic in orig.    Query, May 8 ? Ihrer Britischen Majestat und den Vereinigten Staaten durch den Haro-Kanai
gezogen werde.
Urkundlich unter Unserer Hochsteigenhandigen Unterschrift und beigedrucktem
Kaiserlichen Insiegel.
Gegeben Berlin den 21 ten October, 1872.
(Signed) WILHELM.
(Translation.)
WE, WILLIAM, by the Grace of God German Emperor, King of Prussia, &c,
&c, &c.
After examination of the Treaty between the Governments of Her Britannic
Majesty and that of the United States of America, dated at Washington May 6th,*
1871, by virtue of which the above-named Governments have submitted to Our
Arbitrator the question at issue between .them, viz., whether the line of boundary
which, according to the Treaty dated at Washington June 15, 1846, after it had
been continued westward along the 49th parallel of north latitude to the middle of
the channel which separates the continent from Vancouver's Island, shall be further
drawn southerlv through the middle of the said channel and of Fuca's Straits to the
Pacific Ocean, should run, as claimed by the Government of Her Britannic Majesty,
through the Rosario Straits, or through the Canal of Haro, as claimed by the
Government of the United States, in order that We should decide finally and without
appeal which of these claims is most in accordance with the true interpretation of
the Treaty of June 15, 1846 :—
Have, after taking into consideration the statement of the experts and jurists
appointed by Us to report upon the contents of the respective cases and counter-
cases, with their inclosures, given the following decision :—
The claim of the Government of the United States, viz., that the line of boundary
between the dominions of Her Britannic Majesty and the United States should be
run through the Canal of Haro—is most in accordance with the true interpretation
of the Treaty concluded between the Government of Her Britannic Majesty and that
of the United States of America, dated at Washington June 15, 1846.
Given under Our Hand and Seal at Berlin, October 21, 1872.
(Signed) WILLIAM.
No. 4.
Lord Odo Russell to Earl Granville.—(Received November 5.)
My Lord. •    Berlin, November 2, 1872.
WITH reference to my despatch of the 21st instant, in which I informed your
Lordship that, conjointly with Mr. Bancroft, I had addressed a note to the Imperial
Government, requesting that we might be furnished with the account of the costs
which might have been incurred in relation to the San Juan Arbitration. I have
the honour to inclose translation of M. de Balan's reply, in which his Excellency
very courteously informs me that no costs.or expenses have been incurred by his
Government in the matter.
I have, &c.
•    (Signed) ODO RUSSELL.
Inclosure in No. 4.
M. de Balan to Lord Odo Russell.
(Translation.) Berlin, November 1, 1872.
IN the note which Her Britannic Majesty's Ambassador, Lord Odo Russell,
was good enough to address to the Undersigned on the 21st ultimo, communication
was requested of the amount of costs an.d expenses incurred by this country in the
boundary question between Great Britain and the United States.
Sic in orig.    Query, May 8 ? In reply to this inquiry, the Undersigned, while expressing his thanks for thi
courteous offer, has the honour to inform his Excellency Lord Odo Russell that no
costs or expenses have been incurred by this country in the matter referred to.
The Undersigned, &c. (Signed) BALAN.
No. 5.
Viscount Enfield to Mr. Herbert.
Sir, Foreign Office, November 7, 1872.
I TRANSMITTED to you on the 31st ultimo, by Earl Granville's direction,
printed Copies of the Award delivered by the Emperor of Germany on the 21st ultimo
upon the San Juan Water Boundary, deciding that the line of boundary should run
through the Haro Channel.
The XXXVth Article of the Treaty of Washington provides that "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," and it " shall be considered as operative from the day
of the date of the delivery thereof;" and I am accordingly to request that you will
move the Earl of Kimberley to cause copies of the Award to be forwarded with as
little delay as possible to the Governor of the Dominion of Canada and to the
Lieutenant-Governor of British Columbia with a request that proper notification of
it may be made and effect given to it.
For the latter purpose I have, by Lord Granville's direction, written a letter to
the Admiralty, of which a copy is inclosed,* requesting that instructions may be
given for the immediate withdrawal of the detachment of Royal Marines now
stationed on the Island of San Juan; and I am to suggest that the Governor of the
Dominion of Canada and the Lieutenant-Governor of British Columbia should be
informed that these instructions will be given.
1 am also to transmit to you, for Lord Kimberley's information, a copy of a
despatch which Lord Granville has addressed to Sir E. Thornton respecting the
Award,f in which he is instructed to propose to the Government of the United States
that the work of the former Boundary Commission should be resumed and completed
by the preparation of a map or chart showing the exact line of boundary under the
Treaty of 1866, and the Emperor's Award.
I am, &c.
(Signed) ENFIELD.
No. 6.
Viscount Enfield to the Secretary to the Admiralty.
Sir, Foreign Office, November 8, 1872.
I AM directed by Earl Granville to transmit to you herewith, to be laid before
the Lords Commissioners of the Admiralty, a copy of the Award delivered by the
Emperor of Germany on the 21st ultimo upon the San Juan Water Boundary, deciding
that the line of boundary should run through the Haro Channel; and I am to request
that you will move their Lordships to cause a copy of this Award to be communicated
with as little delay as possible to the Admiral in command of the Pacific station or
to the Chief Naval Officer at Vancouver's Island, with instructions that, in
accordance therewith, the detachment of Royal Marines now stationed at the island
of San Juan should be at once withdrawn ; and 1 am to suggest that, in making this
communication to the Admiral or Chief Naval Officer, their Lordships should request
him to convey to the officer in command of the detachment and to the men under his
orders the appreciation of Her Majesty's Government of the harmonious manner in
which the joint occupation has been conducted, which reflects the greatest credit on
the officers and men of the occupying force of both countries.
I am, &c.
(Signed) ENFIELD.
* No. 6. f No- 7- No, 7.
Earl Granville to Sir E. Thornton,
Sir, Foreign Office, November 8, 1872.
I TRANSMIT to you herewith copies of letters which I have caused to be
addressed to the Colonial Office and Admiralty,* inclosing copies of the Award of the
Emperor of Germany on the San Juan Water Boundary, and requesting that effect
may be given to it with as little delay as possible by the withdrawal of the detachment of Royal Marines from the Island of San Juan, and the due notification of the
Award to the proper Colonial authorities.
I have to instruct you to communicate the substance of the instructions which
will be given in accordance with these letters to the Government of the Ignited-
States, and at the same time to propose that the work of the Boundary Commission,
which was interrupted in 1859, should be resumed and completed by the preparation
of a map or chart showing the exact position of the boundary line from the Gulf
of Georgia through the Haro Channel to the ocean, under the Treaty of 1846, and the
Award of the Emperor of Germany.
Her Majesty's Government consider that, in compliance with the XXXVth
Article of the Treaty of Washington this should be done with as little delay as
possible, in order to give effect to the Emperor's Award. They presume that the
surveys which have already been made will render it unnecessary for another
Commission to meet on the spot, but they leave the details of the arrangement to be
made for the completion of the work of the Commission for further consideration.
I am, &c.
(Signed) GRANVILLE.
No. 8.
Earl Granville to Lord Odo Russell.
My Lord, Foreign Office. November 11, 1872.
I RECEIVED, on the 28th ultimo, your Excellency's despatch of the 23rd
of October, forwarding the Decision and Award of the Emperor of Germany
respecting the true interpretation of the Treaty of June 15, 1846, between Great
Britain and the United States; and I have to instruct you to convey to His Imperial
Majesty the thanks of Her Majesty's Government for the friendly motives which
induced him to undertake thearduous task of arbitration in this matter.
At the time when His Majesty's acceptance of the responsibility was solicited,
Her Majesty's Government had every confidence in the judgment of so experienced
and enlightened a Sovereign; and, in now begging to convey to the Emperor their
thanks for the obligation conferred upon them, they can only add the expression of
their sincere regret at the labour which has been entailed on His Majesty by his
condescension in accepting the post of Arbiter.
1 am, &c.
(Signed) GRANVILLE,
No. 9.
Lord Odo Russell to Earl Granville.—(Received November 11.)
My Lord, Berlin, November 9, 1872.
A STATEMENT appeared in the "New York Herald" to the effect that «the
written judgment on the San Juan Award had been prepared, and awaited only the
signature of the Royal Arbitrate to render it complete and final, but that a delay
had arisen through the British Ambassador at the Court of Berlin, Lord Odo Russell,
who, aware of the nature of the decision, endeavoured, in the interests of his Government, to modify the judgment or defeat its settlement," &c.
I should not have noticed this statement if I had not seen it repeated in our own
newspapers; and although it may appear unnecessary to tell your Lordship that I
never was engaged in any intrigue to persuade the Emperor to give an award
* Nos. 5 and 6. different from that which a sense of justice would impel him to do, I think it right
to place on record in the archives of the Foreign Office that I altogether deny the
statement, which is false and utterly without foundation.
I never interfered-directly or indirectly to influence the judgment which His
Imperial Majesty might pronounce on the question submitted to his decision.
I have, &c.
(Signed) ODO RUSSELL..
No. JO.
Earl Granville to Lord Odo Russell.
My Lord, Foreign Office, November 11, 1872.
I HAVE received and laid before the Queen your Excellency's despatch
of the 9th instant, relative to a statement which appeared in the " New York
Herald " and was copied into the English newspapers respecting an alleged attempt
on your part to influence the decision of the Emperor of Germany on the San Juan
question, and I have read your formal contradiction of this statement with satisfaction. Although the denial was not necessary, and no one in England attached any
importance to the unfounded rumour, it is well to have the refutation of it on
record.
I am, &c,
(Signed) GRANVILLE.
No. 11.
Mr. Holland to Viscount Enfield.—(Received November 12.)
Sir, Downing Street, November 12, 1872.
I AM directed by the Earl of Kimberley to acknowledge the receipt of your letter
of the 7th instant, received on the 9th, respecting the steps to be taken to give effeqt
to the Award of the Emperor of Germany in the San Juan Arbitration case.
I am desired to state, for the information of Earl Granville, that copies of the
Award were communicated to the Governor-General of Canada by the mail of the
7th, and to the Lieutenant-Governor of British Columbia by that of the 1st instant.
A copy of your letter now under acknowledgment will be communicated to
them by the next mails to Canada and British Columbia respectively, for their
information and guidance, and they will be instructed to take care that proper
notification is made of the Emperor's Award and effect given to it.
I am, &c.
(Signed) H. T. HOLLAND.
•  J        No* 12*
Earl Granville to Admiral Prevost.
Sir Foreign Office, November 16, 1872.
I HAVE to convey to you the thanks of the Queen and of Her Majesty's
Government for the zeal and ability which you have displayed in the preparation of
the Case and the Counter-Case presented to His Majesty the Emperor of Germany
on behalf of Great Britain in maintenance of the claims of this country to the line, of
water boundary separating the Continent of North America from Vancouver's
Island which were referred to His Majesty's Arbitration under the XXXIVth
Article of the Treaty of Washington.
The efficient manner in which your duties, as Boundary Commissioner, were
discharged under circumstances requiring the exercise of great tact as well as
scientific attainments of high order, has been acknowledged by previous Secretaries
of State, and it gives me much pleasure to add this approval of your labours
throughout the recent Arbitration.
A copy of this letter will be forwarded to the Lords Commissioners of the
Admiralty.
I am, &c.
(Signed) GRANVILLE. 7 !
No. 13.
The Secretary to the Admiralty to Viscount Enfield.—(Received November 20.)
Sir, Admiralty, November 18, 1872.
WITH reference to your letter of the 8th instant, I am commanded by my
Lords Commissioners of the Admiralty to acquaint you that the necessary intimation of the Award delivered by the Emperor of Germany upon the San Juan Water
Boundary has been communicated to the Commander-in-chief in the Pacific and the
Senior Naval Officer at Esquimalt, and that instructions have been forwarded both
by telegraph and by letter for the withdrawal to Esquimalt of the detachment of
Royal Marines stationed on San Juan Island.
I am, &c.
(S.gned) VERNON LUSHINGTON.
P.S. November 19.—A telegram has this day been received from the Senior
Naval Officer at Esquimalt, acknowledging the receipt of the orders above alluded
to, and stating that all dispatch would be used in carrying them out.
V. L.
No. 14.
.  The Secretary to the Admiralty to Viscount Enfield.— (Received November 23.)
Sir, Admiralty, November 23, 1872.
I AM commanded by my Lords Commissioners of the Admiralty to acquaint
you, for the information of Earl Granville, that on the 21st instant telegraphic
instructions were sent for the withdrawal of Captain Delacombe with the detachment of Royal Marines under his orders from the Island of San Juan, and for
Captain Delacombe to remain at Esquimalt to certify to lands at San Juan, as
requested by the Colonial Office.
2. I am further to state that a telegram has this morning been received
reporting that the above orders have been carried out, that the detachment of
Marines have evacuated the Island of San Juan and that the camp is clear.
I am, &c.
(Signed) VERNON LUSHINGTON.
No. 15.
Earl Granville to Lord Odo Russell.
My Lord, Foreign Office, November 25, 1872.
[ HAVE received your Excellency's despatch of the 2nd instant, inclosing
a copy of a note from M. de Balan, informing you, in reply to the inquiry
which, conjointly with the United States' Minister, you had addressed to his
Excellency, that no costs or expenses had been incurred by the Prussian Government in respect of the San Juan Arbitration ; and I have to instruct your Excellency
in conveying to M. de Balan the thanks of Her Majesty's Government for his
courtesy in regard to this affair, to express the sense which they entertain of the
generosity shown by the German Government in declining to allow Her Majesty's
Government to make any payment on account of the expenses of the arbitration.
I am, &c.
(Signed) GRANVILLE.
No. 16.
The Secretary to the Admiralty to Viscount Enfield.—(Received November 29.)
Sir, Admiralty, November 28, 1872.
I AM commanded by my Lords Commissioners of the Admiralty^to acquaint
you, for  the  information  of Earl Granville, that a telegram has  this day been
[1251 C •ssm
8
received from the Senior Naval Officer at Esquimalt, stating that the camp ana
buildings hitherto occupied by the detachment of Marines stationed on San Juan
Island had been handed over to the Americans.
I have, &c,
(Signed) ROBERT HALL.
No. 17.
Earl Granville to Sir E. Thornton.
fell
Foreign Office, November 29, 1S72.
IN my despatch of the 8th instant I stated that Her Majesty's Government
would leave the details of the arrangement to be made for the completion of
the work of the North-West American Water Boundary Commission for further
consideration.
I have now to state to you that it appears to Her Majesty's Government that
the work of the Boundary Commissioners should be resumed by the reappointment
of Commissioners on the part of the respective Governments, who should riieet and
proceed with as little delay as possible to compare and examine the charts and
surveys already prepared by the Commissioners appointed in 1856, and lay down
upon maps in duplicate, to be subsequently signed by them and recorded in a
Protocol, the actual line of water boundary in accordance with Article I of the
Treaty of June 15,1846, and the Award of the Emperor of Germany.
Her Majesty's Government will be prepared at once to reappoint for the purpose
Admiral Prevost, to be assisted as on the former occasion by Admiral Richards, the
hydrographer of the Board of Admiralty, and would be glad to know whether the
Government of the United States are also ready to name a Commissioner.
Her Majesty's Government are informed that the charts and surveys have been
so far completed as to render any further local examination of the boundary unnecessary, and they do not anticipate that many meetings of the Commissioners would
be required. They therefore propose that the meetings should take place in London
or in Europe; but if the United States' Government express a strong opinion on
the matter, they would not object to the Commissioners meeting in the United
States.
They, however, consider it of importance, in order to give due and early effect
to the Award, under the XXXVth Article of the Treaty, that the matter should be
forthwith proceeded with.
I am, &c.
(Signed)
GRANVILLE.
No. 18.
Sir E. Thornton to Earl Granville.—(Received'December 1.)
My Lord, Washington, November 18, 1872.
WHEN I was at the State Department on the 14th instant, Mr. Fish asked
whether I was acquainted with the views of Her Majesty's Government with regard
to the withdrawal of the British force now in the Island of San Juan, so as to leave
the United States in full possession of that island. He said that he made this
inquiry because, in consequence of the Award of the Emperor of Germany, it would
be necessary to enter upon arrangements for the collection of the revenue, for
establishing Courts of Justice, and for other matters * indeed, a telegram had already
been received by the Treasury Department from the Governor of Washington
Territory, inquiring whether duties were to be at once levied upon goods arriving
in the Island of San Juan, and the Secretary of the Treasury had been urging the
President to issue directions upon this subject.
I replied that I had no doubt that Her Majesty's Government had already
taken measures with a view to leaving* the island at the entire disposal of the
Government of the United States, but that it was not likely that I should be
informed by telegraph of the orders which had been given. Mr. Fish, however,
expressed a wish to learn as soon as possible what had been done, and asked me to
telegraph to your Lordship. It was in compliance with his request that I addressed
to your Lordship my telegram of the 14th instant. On receipt of your Lordship's telegram of the 16th instant', I communicated to
Mr. Fish its substance, and he requested me to convey to your Lordship his
acknowledgments for the letters which had been addressed by the Foreign Office to
the Admiralty and the Colonial Department.
With reference to the proposal that the work of the Boundary Commission,
which was interrupted in 1859, should at once be resumed, and should be completed
by a map or chart showing the position of the boundary line through the Haro
Channel under the Treaty of 1846 and the Emperor of Germany's Award, Mr. Fish
said that he would, without loss of time, consult with the President, who, he had no
doubt, would be disposed to recommend Congress, in his next Message to that Body,
to authorize the appointment of a Commission for that purpose.  .
have &lc
(Signed)        ?  EDWD. THORNTON.
No. 19.
Sir E. Thornton to Earl Granville.—(Received December 8.)
My Lord, Washington, November 23, 1872.
ON the receipt of your Lordship's despatch of the 8th instant I addressed a
note to Mr. Fish, copy of which I have the honour to inclose, conveying to him the
substance of that despatch and of its inclosures.
On the same day, the 21st instant, I called upon Mr. Fish at the State Department^ and he alluded to my note which he had just read. With reference to that
part of it in which I informed him that Her Majesty's Government presumed that
the surveys of the water boundary from the Gulf of Georgia to the ocean through
the Haro Channel, which had already been made, would render it unnecessary for
another Commission to meet on the spot, Mr. Fish said that he was much gratified to
receive this suggestion from Her Majesty's Government which had not struck him
before, but which, if carried out, would, he thought, save a great deal of trouble and
expense, and would be completely satisfactory ; indeed, without having consulted
the President or having thought over the matter, his first idea was that a chart
might be made here or in London, the boundary line laid down upon it, and the chart
signed on behalf of each Government in duplicate.
Yesterday, I had the honour to receive your Lordship's telegram informing me
of the orders given by the Admiralty for the withdrawal of the Royal Marines from
the island of San Juan and of the reply which had been received from the Senior
Naval Officer at Esquimalt. I called upon Mr. Fish to acquaint him with the
contents of the telegram, and he begged me to convey to your Lordship his acknowledgments for the promptnesss with which these measures had been taken.
He again alluded to the Water Boundary, and said that, upon reflection, he
believed that it was in accordance with rule and precedence that Congress should be
asked to authorize the President to appoint a Commission for the purpose of settling
this boundary, and a recommendation to that effect would be inserted in the
President's Message.
Still the matter would be a very simple one; a chart could be prepared here in
duplicate and the line laid down, and the charts could then be signed on behalf of
each Government.
During the conversation, Mr. Fish produced a chart upon a pretty large scale
about a quarter inch to the mile, made by the United States' Coast Survey, and on
it he roughly drew with a pencil what he conceived to be the boundary line, and
which coincided with my opinion upon the subject. I may describe it to your
Lordship by referring to the map of the Haro and Rosario Straits, which formed
Annex No. 3 of the case submitted by Her Majesty's Government to the Emperor of
Germany.
The line thus roughly put down by Mr. Fish would begin at the point on the
49th parallel in the middle of the Gulf of Georgia; thence in a direction about east-
south-east by south to a point opposite the entrance of Haro Channel \ thence in a-
south-south-westerly direction between Tumbo and Saturna Islands on the right,
and Patos Island on the left, to a point midway between Moresby and Stuart
Islands ; then' in a direction about south-south-east by east, leaving Gooch, Sidney,
and Darcy on the right, and Henry and San Juan Islands on the left, to a point in
the middle of Juan de Fuca Strait; and thence along the middle of that strait to the
ocean.
C 2 10
Mr. Fish added that he would give directions that a larger chart should be made,
.and that the line in.accordance with the opinion of the United States' Government
should be marked upon it; and that he would then hand it to me for transmission to
your Lordship.
I have this evening received your Lordship's telegram of to-day informing me
that the Admiralty had received a telegram repeating that the detachment of Royal
Marines had evacuated San Juan, and I have communicated the information to
Mr. Fish in a private note. The word "repeating" in your Lordship's telegram
should probably be " reporting." Mr. Fish in reply, states that the United States'
Government highly appreciates the spontaneous action of Her Majesty's Government
in accepting the award.
I have, &c.
(.Signed) EDWD. THORNTON.
PS—November 26. Since writing the aboye, 1 have received from Mr. Fish
the note of which I have the honour to inclose a copy, in reply to mine of the 21st
instant.
E. T.
Inclosure 1 in No. 19.
Sir E. Thornton to Mr. Fish.
Sir, Washington, November 21, 1872.
IN compliance with an instruction which I have received from Earl Granville,
I have the honour to inform you that on the 7th and 8th instant his Lordship
caused letters to be addressed to the Colonial Office and to the Admiralty, inclosing
copies of the Award of the Emperor of Germany on the San Juan Water Boundary,
and requesting that effect may be given to it with as little delav as possible by the
withdrawal of the detachment of Royal Marines from the Island of San Juan, and
the due notification of the award to the proper Colonial Authorities.
In accordance with the tenor of these letters, a copy of the Award will be
forwarded to the Governor-General of the Dominion of Canada, and to the Lieutenant-
Governor of British Columbia, with a request that proper notification of it may be
made, and effect given to it.
The Admiralty will also communicate a copy of the Award with as little delay
as possible to the Admiral in command of the Pacific Station, or to the Chief Naval
Officer at Vancouver's Island, with instructions that, in accordance therewith, the
detachment of Royal Marines now stationed at the Island of San Juan should be at
once withdrawn. The Admiral or Chief Naval Officer will also be requested to
convey to the officer in command of the detachment, and to the men under his orders,
the appreciation of Her Majesty's Government of the harmonious manner in which
the joint occupation has been conducted, which reflects the greatest credit on the
officers and men of the occupying force of both countries.
Earl Granville has further instructed me to propose to the Government of the
LTnited States that the work of the Boundary Commission, which was interrupted in
1859, should be resumed and completed by the preparation of a map or chart
showing the exact portion of the boundary line from the Gulf of Georgia through
the Haro Channel to the ocean under the Treaty of 1846, and the Award of the
Emperor of Germany.
Her Majesty's Government considers that, in compliance with the XXXVth
Article of the Treaty of Washington, this should be done with as little delay as
possible, in order to give effect to the Emperor's Award. It presumes that the
surveys which have been already made will render it unnecessary for another
Commission to meet on the spot, but it leaves the details of the arrangement to be
made lor the completion of the work of the Commission for further consideration.
have &.c.
(Signed) ' EDWD. THORNTON. 11
Inclosure 2 in No. 19.
Mr. Fish to Sir E. Thornton.
Sir, Department of State, Washington, November 23, 1872.
I HAVE the honour to acknowledge the receipt of your note of the 21 st instant,
in which you are pleased to inform me of the steps taken by Earl Granville to carry
into effect the award made by the Emperor of Germany on the San Juan Water
Boundary.
The prompt and spontaneous measures adopted by Her Majesty's Government
for the final adjustment of the question are highly appreciated by this Government.
The proposition made by his Lordship, to the effect that the work of the
Boundary Commission, which was interrupted in 1859, should be resumed and
completed by the preparation of a map or chart showing the exact position of the
line from the Gulf of Georgia through the Haro Channel to the ocean, under the
Treaty of 1846, and the Award of the Emperor of Germany, meets the assent of this
Government.
The Government of the United States entertains the same opinion as that
expressed by Her Majesty's Government, that as little delay as possible should be
incurred in giving effect to the Emperor's Award \ and that the surveys which have
already been made will render it unnecessary for another Commission to meet on
the spot.
have &lc.
(Signed) HAMILTON FISH.
No. 20.
Sir E. Thornton to Earl Granville.—(Received December 31.)
My Lord, Washington, December 16, 1872.
WHEN I ventured to trouble your Lordship with my telegram of the 12th
instant, I had not yet received your despatch of the 29th ultimo relative to the
water boundary through the Haro Channel, which did not reach me till the night
of the 13th instant. On the receipt, however, of that despatch I felt that your
Lordship would have no objection to the boundary line being laid down on a chart
or map either in London or here without its being necessary to send a Commission
to the spot.
I therefore called upon Mr. Fish on the following day and communicated to him
the substance of the above-mentioned despatch. Mr. Fish said that, as the Session
of Congress would be short, and there was a good deal of business before it, he
should, being now aware of the feeling of Her Majesty's Government upon the
subject, send to Congress on Tuesday (to-morrow) a Bill proposing to authorize the
President to appoint as a Commissioner, either the Secretary of State, one of the
Assistant Secretaries of State, or the United States' Minister in London, to cooperate with a Commissioner named by Her Majesty for the purpose of laying down
on a chart or map the water boundary line through the Haro Channel to the sea.
He should also ask for a small sum merely to cover any little expense connected
with making the necessary charts.
Mr. Fish said that the United States' Government would have no objection to
the chart in question being prepared and ultimately signed in London as well as the
accompanying Protocol, and that the only reason for inserting in the Bill the names
of some persons at Washington was the possibility that General Schenck might not
be in London at the time.
Mr. Fish informed me that, in the meantime, he had given directions that the
boundary line, as the United States' Government believed it to be, should be laid
down on one of the maps annexed to the British Case submitted to the Emperor of
Germany, and on a chart prepared by the United States' Coast Survey; and that
when these two were ready, he would send them to me to be forwarded to England
for your Lordship's inspection, or that of any other persons to whom you might wish
to submit them for examination.
I beg to offer, to your Lordship my acknowledgments for your answer to my
telegram of the 12th instant, which reached me this afternoon.
I have, &c.
(Signed) EDWD. THORNTON. 12
I No. 21.
Sir E. Thornton to Earl Granville.—(Received January 5, 1873.)
My Lord, Washington, December 23, 1872.
WITH reference to my despatch of the 16th instant, I have the honour to
inform your Lordship that, during a visit which I paid to Mr. Fish on the 19th
instant, he told me that it had been found more convenient to lay down the water
boundary line through the Haro Channel on two of the Admiralty Charts, than on
one of the maps annexed to the Case presented to the Emperor of Germany, or on
the charts of the United States' Coast Survey. He then showed me the Admiralty
charts in duplicate, with the boundary line marked on them, and said that he would
put his initials upon them, and would send them to me in order that I might, after
examining them, forward whichever I chose for your Lordship's inspection. He
begged me to return the other set to him with my initials upon them.
As the two sets seemed precisely alike, I have done so, and have now the
honour to transmit herewith the set which I selected. Mr. Fish suggested that if,
after your Lordship had inspected these charts, and they had been examined by
Admiral Prevost or any other person whom Her Majesty's Government should direct
to do so, the boundary line should be pronounced to be correctly laid down, a single
chart should be made either in England or here, on which the whole of the boundary
line should be laid down in accordance with the two charts transmitted herewith.
He further proposed that this new chart and an explanatory Protocol should be
signed in duplicate at Washington by him and by any one else whom your Lordship
might direct, and that one of the charts there signed should be transmitted to your
Lordship.
The Bill to which I alluded in my above-mentioned despatch, but of which I
have not yet been able to obtain a copy, was submitted to the House of Representatives on the 17th instant by General Banks, as Chairman of the Committee on Foreign
Relations.
The first section proposes to authorize the President to appoint the Secretary
of State, or either of the Assistant Secretaries, or the- United States' Minister at
London, or, in his discretion, by and with the advice of the Senate, to appoint a
Commission, to act-jointly with such officer or Commissioner as may be named by
Her Majesty, for the purpose of completing the determination of so much of the
boundary line between the territory of the United States and the possessions of
Great Britain as was left uncompleted by the Commissioner appointed under the
Act of Congress of August 11, 1856, to carry into effect the 1st Article of the Treaty
of the 15th of June, 1846, between the United States and Great Britain.
The 2nd section of the Bill appropriates the sum of 5,000 dollars, or so much
thereof as may be required to carry into effect the provisions of the Act.
• After the Bill had been read a first and second time, General Banks proposed
that it should be at once taken into consideration. This motion was agreed to; the
Bill was read a third time and passed.
It was forwarded to the Senate, where action wiU probably be taken upon it
soon after Congress shall reassemble on the 6th of next month.
h pi vf*   c\ix*
(Signed) EDWD. THORNTON.
m    

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