Page images
PDF
EPUB

could be of use in elucidating and establishing the rights of the United States.

Thanks of Presi

dent Emperor.

I have this day, as by order of the President, in the name of the people of the United States expressed to His Majesty, the expressed to German Emperor, their thanks for the great pains and attention which His Imperial Majesty has devoted to the question submitted to him for adjudication. A copy of this letter is also annexed.

I remain, &c.,

[Inclosure No. 1.]

GEO. BANCROFT.

Award of His Majesty the Emperor of Germany on the San Juan boundary question.

Wir Wilhelm, von Gottes Gnaden, Deutscher Kaiser, König von Preussen, &c., &c., &c.

Nach Einsicht des zwischen den Regierungen Ihrer Britischen Majestät 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 längs des 49ten Grades Nördlicher Breite bis zur Mitte des Kanals, welcher das Festland von der Vancou ver Insel trennt, gezogen worden, südlich durch die Mitte des gedachten Kanals und der Fuca Meerenge bis zum Stillen Ocean gezogen werden soll, durch den Rosario-Kanal, wie die Regierung Ihrer Britischen Majestät beansprucht, oder durch den Haro-Kanal, wie die Regierung der Vereinigten Staaten beansprucht, zu ziehen sei, Unserem Schiedsspruche unterbreitet haben, damit Wir endgültig und ohne Berufung entscheiden, welcher dieser Ansprüche mit der richtigen Auslegung des Vertrages vom 15ten Juni, 1846, am meisten im Einklange stehe;

Nach Anhörung des Uns von den durch Uns berufenen Sach- und Rechtskundigen über den Inhalt der gewechselten Denkschriften und deren Anlagen erstatteten Vortrages,

Haben den nachstehenden Schiedsspruch gefällt

Mit der richtigen Auslegung des zwischen den Regierungen Ihrer Britischen Majestät und der Vereinigten Staaten von Amerika geschlossenen Vertrages de dato Washington den 15ten Juni, 1846, steht der Anspruch der Regierung der Vereinigten Staaten am meisten im Einklange, dass die Grenzlinie zwischen den Gebieten Ihrer Britischen Majestät und den Vereinigten Staaten durch den Haro-Kanal gezogen: werde.

Urkundlich unter Unserer Höchsteigenhändigen Unterschrift und beigedrucktem Kaiserlichen Insiegel.

Gegeben Berlin den 21ten October, 1872. [L. S.]

WILHELM.

[Inclosure No. 2.-Translation.]

We, William, by the grace of God, German Emperor, King of Prussia,

&c., &c., &c.

After examination of the treaty concluded at Washington on the 6th* of May, 1871, between the Governments of Her Britannic Majesty and

*Sic in original, May eth.

of the United States of America, according to which the said Governments have submitted to our arbitrament the question at issue between them, whether the boundary-line which, according to the Treatyof Washington of June 15, 1846, after being carried westward along the forty-ninth parallel of northern latitude to the middle of the channel which separates the continent from Vancouver's Island is thence to be drawn southerly through the middle of the said channel and of the Fuca Straits to the Pacific Ocean, should be drawn through the Rosario Chan nel as the Government of Her Britannic Majesty claims, or through the Haro Channel as the Government of the United States claims; to the end that we may finally and without appeal decide which of these claims is most in accordance with the true interpretation of the treaty of June 15, 1846.

After hearing the report made to us by the experts and jurists summoned by us upon the contents of the interchanged memorials and their appendices

Have decreed the following award:

Most in accordance with the true interpretations of the treaty concluded on the 15th of June, 1846, between the Governments of Her Britannic Majesty and of the United States of America, is the claim of the Government of the United States that the boundary-line between the territories of Her Britannic Majesty and the United States should be drawn through the Haro Channel.

Authenticated by our autographic signature and the impression of the imperial great seal.

Given at Berlin, October the 21st, 1872. [L. S.]

WILLIAM.

[Inclosure No. 3.-Translation.]

Mr. Von Balan to Mr. Bancroft.

BERLIN, October 23, 1872.

His Majesty the Emperor and King, having made the award in the Arbitration referred to him by the Treaty of Washington, May 6, [8,] 1871, in the Boundary Dispute between the United States and Great Britain, the undersigned has the honor to transmit herewith a copy of this award with the remark that he sends to the Royal Embassador of Great Britain at this Court a like copy.

At the same time the undersigned avails himself of this further opportunity to renew to the Envoy of the United States, Mr. Bancroft, the assurance of his most distinguished consideration.

[Inclosure No. 4.1

Mr. Bancroft to Mr. Von Balan.

VON BALAN.

AMERICAN LEGATION,
Berlin, October 24, 1872.

MR. SECRETARY OF STATE FOR FOREIGN AFFAIRS: I have communicated to my Government the Award of the Imperial Arbitrator, received last evening, relating to the northwestern boundary of the United States of America. In return the President of the United States has charged me, in the name of the people of the United States, to express to His Majesty the German Emperor their thanks for the great pains and attention which His Imperial Majesty has devoted to the question submitted to him for adjudication.

The definitive, friendly settlement of the difference has a peculiar interest and importance. It is now exactly ninety years since the King of Great Britain first formally recognized the existence of the United States of America as an independent State, and

from that time to the present controversy regarding the boundaries of their respective possessions in America has never ceased even for a single day. During this period the two countries have been repeatedly on the verge of war, growing out of their opposing claims to jurisdiction. After an unrelenting strife of ninety years, the award of His Majesty the Emperor of Germany closes the long and unintermitted, and often very dangerous, series of disputes on the extent of their respective territories, and so for the first time in their history opens to the two countries the unobstructed way to agreement, good understanding, and peace.

I gladly seize this occasion, &c.,

GEO. BANCROFT.

No. 415.]

Importance of the

award.

No. 18.

Mr. Bancroft to Mr. Fish.

AMERICAN LEGATION,

Berlin, October 24, 1872. (Received November 14.)

SIR: The importance of the award of the German Emperor is known in England as well as on our own Pacific coast. It establishes us in the equal possession of the Channel of Haro and in the exclusive possession of all the other channels leading north from Fuca Straits and Washington Sound.

The award was a grievous disappointment to Admiral Prevost, the very amiable high officer of the British Navy, who had for twenty-one years participated in the management of the case. Up to the last moment he confidently expected a decision in his favor.

The conduct of the present British Embassador at this Court, throughConduct of the out the whole period of the discussions, has been exactly British Embassador. What could have been wished. We have during the whole time preserved intimate friendly relations. This morning he was so good as to call on me, and while it could not be expected of him to be gratified by the award, he did express, and as I believe most sincerely, the greatest satisfaction that all strife between the two Governments, respecting boundaries, had found its end, and that there is no longer an obstacle to the uninterrupted reciprocity of good feeling between the two countries. I met his friendly expressions with perfect cordiality. While a decree could not be on both sides, I pointed out to him that since George III acknowledged our independence in the late summer of 1782 to the present time, the strife about boundaries between the two Governments had known no intermission; now at last there remained no further differences; that therefore the definite friendly settlement effected by the award of the German Emperor opened the way to a new career of reciprocal good feeling between the two countries.

I remain, &c.,

No. 19.

GEO. BANCROFT.

No. 421.]

Mr. Nicholas Fish to Mr. Fish.

AMERICAN LEGATION,

Berlin, November 2, 1872. (Received November 19.) SIR: I annex a copy and translation of a note from the Secretary of State for Foreign Affairs, in reply to Mr. Bancroft's of the of costs and expen. 21st ultimo, in regard to the costs and expenses of this Government in the Northwest Boundary arbitration.

Re-imbursement s

ses of the Arbitra

Zion declined.

The German Government decline to accept payment for their expenses in the matter.

In order that I may know the more fully the wish of the Department as to the course of acknowledging this friendly act, I delay answering Mr. Von Balan's note until I receive a reply to the telegram I sent you, which ran as follows: "Fish, Secretary, Washington: German Government decline compensation for expenses of arbitration. (Signed.) Fish, Chargé." I have, &c.,

NICHOLAS FISH,

Chargé d'Affaires ad interim.

[Inclosure.-Translation.]

Mr. Von Balan to Mr. Fish.

BERLIN, November 1, 1872.

The Minister of the United States of America, in a note dated October 21, 1872, has been pleased to request to be advised what costs and expenses have been incurred by this Government in the boundary question between the United States and Great Britain. In reply to this inquiry, the undersigned, while expressing his thanks for the offer of re-imbursement, which it has been deemed proper to make, has the honor to inform the American Chargé d'Affaires, Mr. Fish, that there are no costs or expenses to be charged by this Government in the matter.

The undersigned avails himself of the occasion to renew to the Chargé d'Affaires the assurance of his distinguished consideration.

VON BALAN.

No. 529.]

No. 20.

Mr. Fish to Mr. Bancroft.

[Extract.]

Friendly act of

WASHINGTON, November 27, 1872. SIR: I have to acknowledge the receipt of a dispatch of the 2d instant, No. 421, from Mr. Nicholas Fish, Chargé d'Affaires ad interim, inclosing a copy of a note addressed to him by German Government the Secretary of State for Foreign Affairs, stating that the German Government decline to accept payment for expenses incurred in the arbitration of the boundary question between the United States and Great Britain.

highly appreciated.

The President, highly appreciating this friendly act, has instructed me to convey, through the Legation, to the Imperial Government, an expression of his thanks for the courtesy thus extended to the Government of the United States.

I am, &c.,

HAMILTON FISH.

Effect to be given

Jelay.

No. 21.

Sir E. Thornton to Mr. Fish.

WASHINGTON, November 21, 1872. (Received November 21.) SIR: In compliance with an instruction which I have received from Earl Granville, I have the honor to inform you that on the to the award without 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 WaterBoundary, 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.

In accordance with the tenor of these letters a copy of the award will be forwarded to the Governor-General of the Dominion of Measures to this end. 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 Officers at Vancouver's Island, with the 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.

Boundary-line through the Channel.

Earl Granville has further instructed me to propose to the Govern ment of the United States that the work of the Boundary Haro 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 considers that, in compliance with the Thirty-fifth 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 already been made will render it unnecessary for another commission to meet on the spot, but it leaves the details of the arrangement to be made for the completion of the work of the commission for further consideration.

I have, &c.,

EDW'D THORNTON.

No. 22.

Sir E. Thornton to Mr. Fish.

San Juan evacu

ated by British.

BRITISH LEGATION, Washington, November 23, 1872.

MY DEAR MR. FISH: I have just received a telegram

from Lord Granville in the following words:

« ՆախորդըՇարունակել »