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part of the Canal de Haro, and the channel east of San Juan Island.

“4th. The boundary line which might be claimed by the United States in accordance with the letter of the treaty, or by adopting an interpretation of it so as to carry out the sole object of the deviation of the boundary line from the forty-ninth parallel to the ocean through the Straits of Fuca, viz., to give the whole of Vancouver's Island to Great Britain.

"5th. Track of steamers plying between Victoria and Fraser River since the discovery of gold.

"I have the honour to be, very respectfully,

"Your obedient servant,

ARCHIBALD CAMPBELL,

"Commissioner North-west Boundary Survey.

"Hon. Lewis Cass, Secretary of State."

In the meantime, Mr. Campbell had, on the 18th of May, 1859, addressed a letter to Captain Prevost, stating that nearly eighteen months had elapsed since the last meeting of the commission, and further, as follows :(1)—

"I have the honour, very respectfully, to request you to inform me whether I am to expect any further communication from you in regard to the determination of the water boundary, and if so, at what period of time I may probably look for such communication."

To this Captain Prevost replied as follows :(2)

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"Her Britannic Majesty's ship Satellite, Esquimault, "Vancouver's Island, May 27, 1859.

SIR, I have the honour to acknowledge the receipt of your letter of the 18th instant, referring to a meeting of the joint commission held upon the 3rd day of December, 1857,

(') American State Papers, p. 108.

(2) Idem, p. 109.

at which you state I proposed that a reference of the whole matter connected with the water boundary should be made by each commissioner to his Government, and as you did not concur in such proposal, and as eighteen months have elapsed without any subsequent proceedings, requesting to be informed whether you are to expect any further communication from me in regard to the determination of the water boundary.

"2. It seems to me that this letter conveys the implication that the delay which has taken place in the determination of the line of water boundary originated from my act, and now rests entirely with me. I therefore feel called upon, in justice to myself, to offer a few remarks, and to submit that a review of the facts connected with the question will show that the very opposite is the case.

"3. I am not unmindful that I made the suggestion for a reference of the matter in dispute between us to our respective Governments; and why did I do so? and why did I do so? Purposely to facilitate

its settlement.

"You objected to such reference, but for what reason I am not in a position to judge.

"4. It needs not that I should enter into any recapitulation of the correspondence that has passed between us. It suffices to say that from the exact wording and intrinsic evidence of the treaty, I formed a clear and fixed opinion as to the direc tion in which the line of water boundary to be determined between us should be carried. Nothing you advanced, nothing that transpired, shook that opinion in the slightest; on the contrary, the very argument you adduced, founded upon evidence which was not the treaty, only served to confirm my opinion and to establish me in my view as to its correctness. In such a case it would neither have been an unnatural nor unreasonable proceeding on my part, had I determined resolutely to adhere to the views I entertained, and not to depart one iota from the line which I then believed, which I now believe, to be the line of bound ry established by the treaty; but, actuated by conscientious motives in fully recognising the importance of a speedy settlement of the matter, in possessing

the most earnest desire to effect that settlement, and in firmly believing that it was the province of the commissioners to adjust any disagreement, without reference, by mutual concession and forbearance, I frankly offered to meet you half-way if you would reciprocate in the same spirit. This conciliatory offer on my part you positively refused to entertain, and I therefore think I am justly absolved from the delay which has in consequence arisen.

"5. I would, with the utmost respect, wish to remind you that on the 16th August last a joint commission meeting was held, at which I expressed my readiness to concert certain measures which it was desirable should then be completed ; but proceedings therein were again delayed, not from any desire on my part, but through your declining to act unless I deferred in toto to the views you entertained in connection therewith.

"6. In conclusion, I beg to acquaint you that I have not received any instructions from my Government upon the subject of the reference made by me on account of the contrary views entertained by us, nor am I aware when it is probable that I may receive instructions.

"Permit me to assure you of my consideration and esteem, and believe me to remain your most obedient and humble servant, "JAMES C. PREVOST,

"Her Majesty's Commissioner, &c., &c.

"Archibald Campbell, Esq.,

"Commissioner on the part of the United States, &c., &c."

Mr. Campbell replied in the following terms: ()

"United States North-west Boundary Commission, "Camp Simiahmoo, June 7, 1859.

"SIR, I have the honour to acknowledge the receipt of your letter of the 27th ultimo, in reply to mine of the 18th. The object of my letter, as stated therein, was to request you

(1) American State Papers, p. 110.

to inform me whether I am to expect any further communication from you in regard to the determination of the water boundary; and if so, at what period of time I may probably look for such communication."

"In reply thereto, you say, 'I beg to acquaint you that I have not received any instructions from my Government upon the subject of the reference made by me on account of the contrary views entertained by us, nor am I aware when it is probable that I may receive instructions.'

"As your reply does not contain the information I asked for, I have the honour again to call your attention to my in. quiries, and very respectfully to request an explicit answer thereto.

"I have the honour to be, very respectfully, your obedient servant,

"ARCHIBALD CAMPBELL,

"United States Commissioner.

"Captain James C. Prevost, R.N.,

"British Commissioner, &c., &c., &c."

To which Captain Prevost rejoined : (1)—

"Her Britannic Majesty's Ship Satellite, Esquimault, "Vancouver's Island, June 23, 1859.

"SIR,-I have had the honour to receive your letter of the 7th instant, referring to a letter which you addressed to me on the 18th May last, and to my answer thereto, dated on the 27th May, of which you quote one paragraph, and then state that as such reply does not contain the information you asked for, you again beg to call my attention to your inquiries, and request an explicit answer.

"2. In return thereto, I beg very respectfully to refer you to my aforesaid letter of the 27th May, which, with every deference, I submit, when taken as a whole, conveys to you a very explicit answer to your communication of the 18th ultimo.

(1) American State Papers, p. 110.

"With every assurance of consideration, I have the honour to be, sir, your most obedient servant,

"JAMES C. PREVOST,

"Her Majesty's Commissioner, &c., &c.

"Archibald Campbell, Esq.,

"Commissioner on the part of the United States, &c., &c."

The United States Commissioner again wrote on the 9th of July, stating that the letter of the 27th of May contained only a very circumlocutory and evasive answer, and the correspondence closed with a formal acknowledgment from Captain Prevost.(1)

After receiving the copies of the commission and instructions forwarded by Lord Malmesbury to Mr. Dallas, the United States Commissioner wrote to Mr. Cass as follows: ()

"United States North-west Boundary Commission,

66

Camp Simiahmoo, August 4, 1859. "SIR,-I have the honour to acknowledge the receipt (on the 25th ultimo) of your letter of the 8th of June. All of the accompanying documents were interesting to me, but the extract from Captain Prevost's secret instructions for his guidance was essential to a proper knowledge of the relations which now subsist between us as joint commissioners. I find from these instructions that I was fully justified in the apprehensions I communicated to him (subsequent to our discussion on the boundary question in November, 1857), that he was virtually, if not positively, prohibited from adopting the Canal de Haro as the boundary channel intended by the treaty. A perusal of these instructions throws a flood of light upon the tortuous. and one-sided course which guided his action, with a view to bring about a disagreement and reference of the matter back to our respective Governments, unless he could accomplish the

(1) American State Papers, p. 111. (2) Idem, p. 106.

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