No. II.

A chart showing part of the coast of Northwest America, with the tracks of His Majesty's sloop Discovery, and armed tender Chatham, commanded by George Vancouver, esq., and prepared under his immediate inspection by Lieutenant Joseph Baker, in which the continental shore has been traced and determined from latitude 50° 30′ north and longitude 236 12' east to latitude 52° 15' north and longitude 2329 40' east at the different periods shown by the tracks. (Published at London in 1798.)

No III.

North America, west coast.-Haro and Rosario Straits, surveyed by Captain G. H. Richards and the officers of Her Majesty's ship Plumper, 1858-59; and the shores of Juan de Fuca Strait to Admiralty Inlet. (From Captain H. Kellett's survey, 1847.)

No. IV.

America, northwest coast.-Strait of Juan de Fuca, surveyed by Captain Henry Kellett, R. N., 1847; Haro and Rosario Straits, by Captain G. H. Richards, R. N., 1858; Admiralty Inlet and Puget Sound, by the United States exploring expedition, 1841; south coast of Cape Flattery, by the same, in 1853.

Map of Oregon and

No. V.

Upper California, from the surveys of John Charles Frémont and other authorities. (Drawn by Charles Preuss, under the orders of the Senate of the United States. Washington City, 1848.)

CASE OF THE GOVERNMENT OF HER BRITANNIC MAJESTY.

His Majesty the Emperor of Germany having consented to accept the office of arbitrator between the Government of the United States of America and the Government of Her Britannic Majesty, under the provisions of Article XXXIV of the treaty concluded at Washington on the 8th May, 1871, between the United States and Her Britannic Majesty, the Government of Her Britannic Majesty submits to the consideration of His Majesty the Emperor of Germany, in pursuance of Article XXXVI of the said treaty, the following case:

THE QUESTION FOR DECISION.

The question submitted to the decision of His Imperial Majesty affects so much of the boundary-line between Her Britannic Majesty's possessions in North America and the territories of the United States as is comprised between the continent of America and Vancouver Island.

The boundary-line is described in the treaty between the United States and Great Britain, of June 15, 1846, in the following general terms:

[2]

TREATY OF JUNE 15, 1846.

Charts Nos. 3 and 4

Appendix No. 2.

Article I.

From the point on the forty-ninth parallel of north latitude, where the boundary-line laid down in existing treaties and conventions between Great Britain and the United States terminates, the line of boundary between the territories of Her Britannic Majesty and those of the United States shall be continued westward, along the said forty-ninth 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'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.

The question more immediately submitted to the decision of His Imperial Majesty is described in Article XXXIV of the treaty of 8th May, 1871, in the following terms:

TREATY OF MAY 8, 1871.

Appendix No. 1.

Whereas it was stipulated by Article I of the treaty concluded at Washington on the 15th June, 1846, between Her Britannic Majesty and the United States, 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 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 the Government of the United States shall be sub[3] mitted to the arbitration and award of His Majesty the Emperor of Germany, who, having regard for 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.

It will be observed by His Imperial Majesty, that whereas the treaty of June, 1846, speaks only of the channel which separates the continent from Vancouver Island, through the middle of which the boundary line is to be run, the treaty of 1871 speaks of the Rosario Straits and the Canal de Haro as if there was more than one channel between the continent and Vancouver Island through which the boundary line may be run and be continued through the middle of Fuca's Straits to the Pacific Ocean.

It will be convenient, therefore, to bring to the attention of His Imperial Majesty at once the hydrography of the entire space between the continent and Vancouver Island south of the forty-ninth parallel of north latitude, according to the best information which is in the possession of Her Majesty's government.

Chart No. 4.

THE STRAIT OF GEORGIA.

The forty-ninth parallel of north latitude, continued westwardly, according to the provisions of the treaty of June 15, 1846, strikes the upper waters of the ancient Gulf of Georgia, designated by the Spaniards El Canal del Rosario, in Semiahmoo Bay. These waters are now termed, in British charts, the Strait of Georgia. Continued across that bay, the parallel line intersects a narrow peninsula, the extreme of which was named, by Vancouver, Point Roberts. This point extends about one and three-quarter miles (English) south of the parallel line. Continued across the Strait of Georgia, the parallel line strikes at an acute angle a line drawn southerly through the middle of the channel.

Respecting so much of the boundary-line as extends to the middle of the Strait of Georgia, there is no controversy between the high contracting parties to the treaty of June 15, 1846, that it terminates at a

point on the parallel of 49° north latitude in the middle of the [4] Strait of Georgia. It is with regard to the line to be *drawn

southerly from the parallel of 49° north latitude through the middle of the channel that the commissioners of the high contracting parties have been unable to agree. The true direction of such a line drawn toward the Strait of Fuca would appear, from a survey of the waters, to be southeast by east for a distance of about nineteen miles, where the Strait of Georgia gradually expands to a width of nearly forty miles, and may be said to lose the characteristic features of a single strait.

The space now entered upon is encumbered by numerous islands, varying in size and character, among which are three navigable channels leading into Fuca's Straits.

The most eastern of the three channels has been of late termed in British charts the Rosario Straits, and in American charts Ringgold's Channel. The most western is termed in British charts the Haro Strait, and in American charts the Canal de Arro. The latter term has been borrowed from the Spaniards, who term the lower part of the strait the Canal de Lopez de Haro.

There are, besides, other narrow passages; but they may scarcely be considered as highways for ships passing from the Strait of Georgia into Fuca's Straits.

THE ROSARIO STRAIT.

From a point midway between Saturna Island and the continent and four miles (English) south of Point Whitehorn, on the shore of the continent, the waters of the Strait of Georgia merge

Chart No. 4.

on almost the same line of bearing (southeast by east) into those of the Rosario Strait, passing eastward of the small islands of Patos, Sucia, Matia, and Clark, thence between the large islands of Lummi and Orcas. At Point Lawrence, which is the eastward point of Orcas, the strait trends a little westward of south for three or four miles, (English,) and then leads by a due south course into the head-waters of the Straits of Fuca, the whose distance from the point above mentioned as where the Strait of Georgia merges in the Rosario Strait, being thirty miles, (English.)

The width of the Rosario Strait varies from six to one and one-third

miles, (English.) At its northern entrance, between the Island of [5] Sucia and Sandy Point, on the *continent, it is six miles (English) across; but the Alden Bank lies almost between those two points. There is, however, a clear passage of four miles (English) eastward of the bank, and a passage of one and a half miles (English) westward. The least water on the shoal part is two and one-fourth fathoms (English.) The bank itself is an extensive patch, being two and a half miles (English) north and south, and more than one mile (English) east and west. On the greater part of it, anchorage may be had in from five to nine fathoms, (English.)

The bank is not really an impediment to the channel. The shoal part of it, which would be dangerous to a ship, is of small extent, and is easily avoided by good natural leading-marks during the day, and by the lead at night; while it is a manifest advantage to a sailing-vessel to be able to anchor in a moderate depth should calms, strong tides, or fogs render it desirable, and when it would probably be impossible to fetch a harbor. The width of the Rosario Strait, southward of the Alden Bank, soon decreases to three and a half miles and two miles, (English,) which latter is about its average breadth. Between Cypress and Blakely Islands it is as narrow as one and one-third miles; but soon opens out again to two and a half miles. The Bird and Belle Rocks lie almost in the center of the strait, three and a half miles (English) within its southern entrance. The former is an extensive rock, 15 feet above high water. The latter lies north-northeast of it, more than half a mile, (English,) and is covered until near low water. The tides, which sweep with considerable strength over these rocks, are calculated to render the passage between them dangerous to sailing-vessels in calms or fogs; but there is a good passage on either side of them; that to the eastward of them being one and three-fourths miles (English) wide, while the width of that to the westward is one and a half miles, (English.) The Williamson and Denis Rocks, which extend about onethird of a mile off the southwest side of Allan Island, are easily avoided. The former is 22 feet above high water; the latter awash at low spring tides.

The Davidson Rock, occasionally uncovering itself at low spring tides, lies three-fourths of a mile (English) east by south of Colville [6] Island, *and is easily avoided, as it is marked by kelp. The only other hidden danger which has been discovered to exist in Rosario Strait is the Panama Reef, which extends one-third of a mile (English) off the northwest end of Sinclair Island. This reef is marked by kelp, and uncovers itself at low water. A rock, also, which is about the same distance west of Rock Islet, near the north end of Cypress Island, is also marked by kelp, and uncovers itself at low water.

The tides in Rosario Strait run with considerable strength. In the narrow part between Cypress and Blakely Islands they have been found, during spring tides, to exceed six miles (English) an hour; in other

parts of the strait their velocity is from two to five miles, (English.) The depth of water, however, being from twenty-five to thirty-five fathoms over the greater part of the strait, admits of vessels anchoring anywhere, if it should be necessary; but the most desirable stopping-places are Fidalgo Bay, on the western side of the island of the same name; Walmouth Bight, on the southeast side of Lopez Island; the Guemes Passage and Strawberry Bay, on the west side of Cypress Island.

Chart No. 4.

THE CANAL DE HARO.

On the other hand, the Canal de Haro, from the point where the Strait of Georgia may be said to lose the characteristic features of a single strait, takes a direction about southwest and a half south between the east point of Saturna Island and the small Island of Patos, for a distance of eight miles, (English;) it then turns to the westward, and runs in a direction southwest by west for almost an equal distance, until between Stuart and Moresby Islands, where it turns to the southward, and runs for a farther distance of about twenty miles, (English,) trending to the southeast, when it strikes the Straits of Fuca.

The width of the Canal de Haro at its northern entrance, between East Point and Patos Island, is two and one-half miles, (English,) where, from the strong tides and irregularity of the bottom, heavy races occur; about the same width is carried for twelve miles, (Euglish,) when, [7] between Turn Point and Moresby *Island, it decreases to something less than two miles, (English,) and the narrowest part, which is between Stuart Island and Cooper's Reef, is one and threefourths miles, (English.) After passing south of Henry Island, it gradually widens, and is more than six miles in breadth when it enters the Straits of Fuca.

The water is deeper and the depth is more irregular in the Canal de Haro than in the Rosario Strait, and though the tides run with about equal velocity in both, the former is more subject to irregularities and

races.

The eastern or San Juan shore of the canal is bold and steep.

After passing San Juan, when northward of Henry Island, very strong and irregular tides are met with, and there are rocks off Spieden Island which must not be approached too close.

Off Turn Point, on Stuart Island, there are strong whirls and eddy tides; and, unless with a commanding breeze, a sailing-vessel is liable to be turned round by them and lose the power of her helm.

On the western side of the canal the principal dangers are— The Zero Rock, and its neighboring shoals in Cormorant Bay; also the Kelp Reefs, which extend southward and eastward of Darcy Island. Cormorant Bay, however, affords good anchorage. To enter it vessels may safely stand in midway between Gordon Head and Zero Rock, and anchorage in nine fathoms, where they will be free from any considerable tide. The Low and Bare Islands, northward of Sidney Island, should not be approached very close, and Cooper's Reef should be particularly avoided. The flood-tide sets strongly to the northwest through the Miner's Channel, and sailing-vessels would be very liable to be set into it during light winds.

Plumper Sound, on the northern side of the bend of the strait, between Stuart Island and the east point of Saturna Island, is a good anchorage, with a moderate depth of water for vessels seeking shelter, and one