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be found in the treaty, and which, therefore, cannot be considered as forming part of the treaty ; and you have since asserted that you are willing to let the question rest entirely' upon such evidence ; therefore, if your claim is to rest 6 entirely upon evidence, apart from the treaty, it evidently cannot in any way rest upon the treaty. Under such circumstances there can be but little doubt as to which is the sounder claim of the two, if the treaty itself, and the commissions under which we profess to act, be of any value.
" 4. In reply to your letter of the 15th instant I regret you should have taken the trouble to furnish me with a copy of your commission as United States Commissioner, for I had not attempted to cast any doubt upon your capability of joining with me in the demarcation of the water boundary line under the aforesaid treaty. I was satisfied, at the commencement of our proceedings, that, under your commission, you were sufficiently empowered to act, and therefore I had 10 desire, at the present time, to receive any renewal of the proof thereof.
“ Taking this opportunity of assuring you of my consideration and respect, I beg you will allow me to subscribe myself your most obedient and humble servant,
“ JAMES C. PREVOST, “ Captain H.B. M. Ship Satellite and H.M. First Commissioner
“for determining the Line of Boundary, as before described. “ Archibald Campbell, Esq.,
“ United States Commissioner for the North-west Boundary,"
Mr. Campbell replied as follows :(1)—
“Washington City, D.C., April 14, 1858. “SIR,-Your letter of the 22nd December (enclosing a copy of your cominission and original instructions), addressed to me at Port Townshend, Washington Territory, reached me at this place on the 1st ultimo.
“ In reply thereto, I have the honour respectfully to state
(") American State Papers, p. 100.
that, during our discussions in relation to the determination of the channel separating the continent from Vancouver's Island, I thought I perceived that your mind was subject to difficulties not inherent in the question; and this impression was strengthened when you informed me that you had instructions for your guidance, in the event of our disagreement, which, according to my recollection, were not embodied in those you exhibited to me at our first meeting.
“I knew your commission gave you ample powers to bind your Government; but there might be conditions in your instructions which would prevent you, under certain circumstances, from exercising those powers to their full extent. And it occurred to me that, unless I could be informed of all the difficulties in the way of an agreement between us, I should labour under great disadvantage in laying the matter before my Government for its further action.
“Under these impressions I made the inquiries contained in my letter of the 4th of December, and subsequently requested copies of your instructions. It would, perhaps, as you suggest, have been more regular to have made the request at an earlier period. But I do not know that either party could, of right, demand copies of the instructions given to the other by his Government. Nevertheless, as the British Ambassador at Washington had requested and promptly received, from the State Department, and you had been furnished by him with, a copy of the instructions given by my Government to me, I think that when I felt it necessary, eren at that late period, to apply to you for a copy of your instructions, the request should not have been considered unreasonable.
“It is unnecessary to observe that the copy you furnish is not a compliance with my request, as it is not the document containing the directions cited by you, and which have been referred to as those likely to have embarrassed our proceedings.
“In conclusion, permit me to say I think you have misapprehended the object of my request for copies of your instructions. I did not by that request intend to convey the idea that you had not acted in accordance with your own judgment. I regret, therefore, that you should have felt it necessary to repeat the assurances made in your letter of the 8th of December, which, if any were required, I need hardly say, would have been quite sufficient to disabuse me of any doubt I might have entertained on the subject.
“ With the highest esteem, I have the honour to be, very respectfully, your most obedient servant,
" ARCHIBALD CAMPBELL, “ Commissioner on the part of the United States for
"determining the North-west Boundary Line. “Captain James C. Prevost, R.N.,
“ British Commissioner, &c. &c. &c."
The correspondence on this head closed with a formal letter of acknowledgment from Captain Prevost. (1)
The seventh meeting of the Joint Commission was held at the office of the United States Boundary Commission, on the 16th August, 1858, and the following minute was taken of the proceedings thereat :(*) —
“ Present, Archibald Campbell, Esq., Commissioner on the part of the United States, &c.; Lieutenant John G. Parke, Topographical Engineers, Chief Astronomer and Surveyor on the part of the United States; William J. Warren, Secretary United States Commission ; Captain James C. Prevost, Royal Navy, Her Majesty's First Commissioner, &c.; Captain George Henry Richards, Royal Navy, Her Majesty's Second Commissioner, &c.; William A. G. Young, Secretary British Commission.
“Mr. Campbell stated to Captain Prevost that his object in calling the present meeting was conveyed in his letter of the 14th instant, and the enclosed report of Mr. Parke, as follows:
(1) American State Papers, p. 101. (3) Iden, p. 83.
“ • United States Boundary Commission,
“Camp Simiahmoo, August 14, 1858. 666 SIR,-I have the honour to enclose herewith the copy of a communication from Lieutenant Parke, the Chief Astronomer and Surveyor of the United States Boundary Commission, and for the purpose of carrying out the objects therein specified by him, I propose that a full meeting of the Joint Commission be held at this place to fix definitely the points of the boundary line therein referred to, and to make the necessary arrangements for erecting suitable monuments to mark their position.
«« With high esteem, I have the honour to be, very respectfully, your obedient servant,
" • ARCHIBALD CAMPBELL,
« • United States Commissioner. “Captain James C. Prevost,
“British Commissioner H.M. Satellite, Simiahmoo Bay.”
“ United States Boundary Commission,
“Camp Simiahmoo, August 14, 1858. “ SIR,– I have the honour respectfully to report that I have determined, by astronomical observations and survey, so much of the forty-ninth parallel of north latitude as is embraced between the eastern shore of the Gulf of Georgia, on Point Roberts, and the eastern shore line of Simiahmoo Bay. These points of the parallel have been marked by stakes or posts, and I would respectfully recommend that a meeting of the Joint Commission be had for the purpose of ratifying and confirming their determination, and taking the necessary steps towards the erection of proper monuments for permanently marking and defining the line. The points marked are as follows :
““1. Where the parallel crosses the western face of Point Roberts.
««2. Where it crosses the eastern face of Point Roberts ; and,
“63. Where it enters the timber on the eastern shore of Simiahmoo Bay.
66. It may be well to add that these marks are all temporary in their character, and should therefore be speedily replaced by permanent solid structures.
“I have the honour to be, very respectfully, your obedient servant,
“6Jno. G. PARKE, “ Lieut. Corps Topographical Engineers, Chief
“Astronomer and Surveyor. “6 Archibald Campbell, Esq.,
“6 United States Commissioner, &c. &c.'
“ Captain Richards having signified his acceptance of the points as determined by Mr. Parke, Captain Prevost expressed his readiness to adopt them, and erect monuments thereat.
“ Mr. Campbell thereupon proposed that the first of these points referred to by Mr. Parke be suitably marked by the most conspicuous monument, it being the initial point of the forty-ninth parallel on the continent, and being the point where the forty-ninth parallel strikes the eastern shore of the channel which separates the continent from Vancouver's Island.'
“ Captain Prevost stated in reply, that he declined entering into any discussion as to which was or was not the initial point, but he was prepared simply to agree to the points already determined by the astronomers, as points on the line of boundary.
“ Mr. Campbell objected to any determination of the points in question, without the one on the western face of Point Roberts being established as the initial point of the forty-ninth parallel on the continent. “ Commissioners then agreed to adjourn.
" ARCHIBALD CAMPBELL.
Subsequently Mr. Campbell wrote to Mr. Cass, as follows: