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. 2.1 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 fortyninth 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 Fuea'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.] 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. Joint notes pre man Government. SIR: This day, at a quarter before 1, I took the British chargé in my carriage to the Foreign Office, where we delivered simultaneously formal notes, identical in terms, addressed to sented to the GerPrince Bismarck, chancellor of the empire, requesting the German Emperor to accept the office of Arbiter on the northwestern boundary question, under the treaty of Washington. I annex a copy of the note. I remain, &c., GEO. BANCROFT. Mr Bancroft to Prince Bismarck. AMERICAN LEGATION, The Government of the United States of America and the Government of Her Britannic Majesty having agreed, by a Treaty signed at Washington 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: [Here follows verbatim the entire article thirty-fourth, of the first-mentioned treaty.] 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 Imperial 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 order of his Government to communicate to His Imperial Majesty the treaty which has thus been made on the part of the United States, and to express the earnest desire of the President of the United States 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. The undersigned seizes this opportunity to renew to His Serene Highness Prince Bismarck the assurances of his highest consideration. GEO. BANCROFT. No. 253.] No. 3. Mr. Bancroft to Mr. Fish. AMERICAN LEGATION, Berlin, August 21, 1871. (Received September 7.) SIR: The German Secretary of State has notified to me and to the British Legation that the Emperor of Germany accepts the office of Arbitrator on our northwestern boundary question. I suppose Emperor of GerI am acting entirely in harmony with your wishes in pro- many accepts the of posing to the British Legation a very early attention to the fice of Arbitrator. subject, in the hope that we may speedily bring the matter to a conclusion and an award. Should any delay occur, I will take care that the fault shall not be on our side. I venture to expect an award in our favor. I have watched for a quarter of a century the course of this negotiation. In all that time the present Administration is the first that has taken the subject in hand from a right point of view, and if a favorable award is obtained it will be mainly due to the form of arbitration which you established by the Treaty of Washington. Berlin, September 1, 1871. (Received September 20.) SIR: I inclose a copy of the note which I have received this day from the German Secretary of State, notifying me formally that by the Emperor of the Emperor of Germany has accepted the office of arbitraoffice of Arbitrator. tor in the controversy on the northwestern boundary be tween the United States and Great Britain. Formal acceptance Germany of I remain, &c., GEO. BANCROFT. Mr. Von Thile to Mr. Bancroft. BERLIN, September 1, 1871. The undersigned has had the honor to receive the esteemed note of Mr. Bancroft, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, of the 29th of July last, wherein he, in the name of his High Government, has made the request that His Majesty the Emperor and King would accept the office of arbitrator, referred to in the thirty-fourth article of the treaty dated Washington, May 8, 1871, in the present boundary question between the United States and Great Britain. The undersigned has not failed to obtain His Majesty's decision with regard to his acceptance of this office, and has the honor most respectfully to announce that His Imperial and Royal Majesty has most graciously been pleased to accept the said office of arbi trator. While the undersigned most respectfully adds that the Royal Chargé d'Affaires of Great Britain at this capital made a similar request on the 29th of July last, and has this day received an answer by note, he avails himself of this occasion to renew to His Excellency the Envoy the assurance of his most distinguished consideration. V. THILE. No. 379.] No. 5. Mr. Daris to Mr. Bancroft. DEPARTMENT OF STATE, The President exacknowledgments for Washington, September 28, 1871. SIR: With reference to your dispatch of the 1st instant, No. 255, and to the note of Mr. Von Thile, a copy of which accompanied presses his grateful it, announcing the consent of His Majesty the Emperor of the action of the Em- Germany and King of Prussia to act as the arbitrator between this Government and that of Great Britain, in deter peror. mining the controversy respecting the boundary between the two countries, in the manner provided in the thirty-fourth article of the Treaty of Washington of May 8, 1871, the President desires that you will convey to the Secretary of State for the German Empire, with a request that they may be communicated to His Majesty, his grateful acknowledgments for the promptness with which His Majesty has been graciously pleased to accede to the wishes of the two Governments. Has delivered the Berlin, December 12, 1871. (Received Jan. 3.) SIR: I this day left with Mr. Von Abeken, who, during the illness of the Chancellor of the Empire and of the Secretary of State, takes charge of the Foreign Office, the memorial of the memorial. United States on the Canal de Haro as their northwestern boundary, to be delivered through Prince Bismarck into the hands of the Emperor. At the same time I left at the British Embassy in Berlin not only the copy required by the treaty, but several extra copies of the memorial and evidence. I annex a copy of the letter addressed to Mr. Petre. I hope you will approve my offer to join in bringing this boundary question to a speedy issue. Up to late last night the representative of Her Britannic Majesty at Berlin had not received from his government any instructions on the subject. I remain, &c., The limit of time allowed by the Treaty of Washington of May 16, 1871, for presenting the Case of the United States on the disputed boundary question which has been referred to the German Emperor for arbitration, being close at hand, the undersigned is constrained this day, through His Serene Highness Prince Bismarck, Chancellor of the German Empire, to lay before His Majesty the German Emperor the printed Case of the United States, accompanied by the evidence offered in support of the same. In conformity with the Treaty of Washington, ratified June 17, 1871, the undersigned has the honor likewise to communicate a copy of the Case and evidence to the Hon. Mr. Petre, as the representative of Her Britannic Majesty at Berlin. It will give the undersigned great satisfaction to join with the representative of Her Britannic Majesty in bringing this long-contested question to a decision at the earliest possible moment. The undersigned gladly seizes this opportunity of renewing to Mr. Petre, Her Britannic Majesty's representative at Berlin, his assurances of highest respect and consideration. GEO. BANCROFT. No. 308.] SIR: British Case and No. 7. Mr. Bancroft to Mr. Fish. (Extract.) AMERICAN LEGATION, Berlin, December 15, 1871. (Received Jan. 3.) * Admiral Prevost, formerly British commissioner for running the northwestern boundary, arrived here this morning and deevidence delivered. livered the British Case and evidence, of which I am promised a copy this evening. I will lose no time in sending you a copy and reporting to you the aspect of the case. I remain, &c., No. 8. GEO. BANCROFT. No. 314.] Receipt of memo SIR: Herewith I inclose a translation of a letter received from the Chancellor of the German Empire, acknowledging the rerial acknowledged. ceipt of the American memorial on the northwest boundary question, and informing me that he was on the point of laying it before the Emperor. I remain, &c., GEO. BANCROFT. Mr. Von Philipsborn to Mr. Bancroft. [Inclosure.-Translation., BERLIN, December 20, 1871. The undersigned has the honor to acknowledge the receipt from the Envoy Extraor dinary and Minister Plenipotentiary of the United States of America, Mr. Bancroft, in reply to his note of the 12th instant, respecting the boundary dispute between the United States and Great Britain, the memorial and proof which were therewith transmitted. The undersigned is on the point of submitting these documents, as well as those communicated by the Royal Chargé d'Affaires of Great Britain on the 13th and 15th instant, to His Majesty the Emperor and King. The undersigned avails himself of this further occasion to renew to the Minister Plenipotentiary the assurance of his most distinguished consideration. For the Chancellor of the Empire. No. 9. Mr. Bancroft to Mr. Fish. VON PHILIPSBORN. No. 369.] AMERICAN LEGATION, Berlin, June 11, 1872. (Received June 27.) SIR: Admiral Prevost arrived yesterday from London with the second and definitive statement of the British Government on Great Britain deliv. Our boundary question, which Mr. Odo Russell, the British Embassador at Berlin, transmitted to the Foreign Office Replies of the United States and ered. |