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centre of the Strait of Fuca, till it ceases, also, to be the only channel between the continent and Vancouver's Island, appear to Her Majesty's Government to be fixed points in the line of boundary, and it is only as regards the space between the two points that any differences of opinion as to the proper channel can exist.
"A line drawn down the middle of the Gulf of Georgia would pass just to the eastward of the Matia Group, at the head of Rosario Strait, and being prolonged from thence nearly due south, would pass through Rosario Strait into the Strait of Juan de Fuca. It appears to Her Majesty's Government that the line which I have described is so clearly and exactly in accordance with the terms of the treaty that it may be hoped you will have no difficulty in inducing the American commissioner to acquiesce in it. If, however, the commissioner of the United States will not adopt the line along the Rosario Strait, and if, on a detailed and accurate survey, and on weighing the evidence on both sides of the question, you should be of opinion that the claims of Her Majesty's Government to consider Rosario Strait as the channel indicated by the words of the treaty cannot be substantiated, you would be at liberty to adopt any other intermediate channel you may discover on which the United States Commissioner and yourself may agree, as substantially in accordance with the description of the treaty.
“But if you are satisfied that the British claim is unquestionably sound, and you are unable to come to an understanding on the subject of an intermediate channel with your American colleague, you will then propose that you should lay before your respective Governments, either jointly or severally, a statement of the points on which you disagree, and the reasons by which each of you supports his opinion. Having disposed of the difficulties in regard to the boundary line from the Gulf of Georgia to the Straits of Juan de Fuca, it is not supposed likely that you will have any further difficulty in carrying on the line through the strait to the Pacific Ocean. From the character of the whole line being that of a water boundary, it will be more difficult than in the case of a land boundary to mark exactly the territorial limits of the respective Governments. You will do so, as far as circumstances admit, by the intersection of the cross-bearings of natural or artificial landmarks, endeavouring, as far as possible, to make the line so clear and easy to be understood as to obviate any future difference on the subject between the two Governments.”
The executive of the United States appointed Mr. Archibald Campbell as sole commissioner, and his commission was couched in the following terms :(1)
“Franklin Pierce, President of the United States of America, to all who shall see these presents, greeting :Know ye, that reposing special trust and confidence in the integrity and ability of Archibald Campbell, I have nominated, and, by and with the advice and consent of the Senate, do appoint him to be commissioner of the United States, under the Act of Congress, August 11th, 1856, and do authorise and empower him to execute and fulfil the duties of that office, according to law, and to have and to hold the said office, with all powers, privileges, and emoluments thereunto of right appertaining unto him, the said Archibald Campbell, commissioner, to carry into effect the first article of the treaty between the United States and Her Britannic Majesty of the 15th June, 1846.
“In testimony whereof I have caused these letters to be made patent, and the seal of the United States to be hereunto affixed.
“Given under my hand at the City of Washington, the 14th day of February, in the year of our Lord 1857, and of the Independence of the United States of America the eightyfirst.
6 FRANKLIN PIERCE. “ By the President.
“W. L. Marcy, Secretary of State.” The written instructions issued to Mr. Campbell,
(1) American State Papers, p. 95.
so far as they related to the determination of the boundary line, were as follows:0)
Department of State, Washington, Feb, 25, 1857. “SIR,-The President of the United States, by and with the advice and consent of the Senate, has appointed you the commissioner on the part of the United States to determine and mark the boundary line between the United States and the British possessions, as described in the first article of the treaty between the United States and Her Majesty the Queen of Great Britain and Ireland, of the 15th June, 1846.
“Enclosed is your commission, and a printed copy of the above-mentioned treaty, as published by this department. The first article of the treaty describes the boundary line in the words following, viz. :— 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 forty-ninth 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 of the Fuca Straits to the Pacific Ocean. Section 4 of the Act passed by Congress August 11th, 1856, for carrying the foregoing article of the treaty into effect, directs 'that, until otherwise provided for by law, the proceedings of the said commission shall be limited to the demarcation of that part of the said line of boundary which forms the boundary line between Washington territory and the British possessions.
“The same Act provides for a chief astronomer and surveyor, and an assistant astronomer and surveyor, a secretary to be appointed by the commissioner, and a clerk to be appointed by the chief astronomer. The employment of such other persons as may be necessary is left to your discretion.
(1) American State Papers, p 96.
" Lieutenant John G. Parke, of the Topographical Engineers, has been appointed chief astronomer and surveyor, and has been directed to report to you. It is not contemplated, in the appointment of a chief astronomer and surveyor, at all to divide the responsibility which these instructions devolve upon the commissioner. It is not presumed that any difference of opinion will arise, but should that be the case, your views are to govern until a decision can be obtained from this department.
" Mr. George Clinton Gardner has been appointed assistant astronomer and surveyor, and has been directed to report to you.
“You will with as little delay as possible organise the commission, and prepare a suitable outfit to enable you to perform the duties entrusted to you. The above Act referred to authorises the President, for the purpose of aiding in the demarcation of the boundary line, 'to direct the employment of such officers, assistants, and vessels, attached to the coast survey of the United States as he may deem necessary or useful ;' and the President has, accordingly, requested the Secretary of the Treasury to give such instructions to the Superintendent of the Coast Survey as will secure his cooperation in the arrangement necessary for the hydrographical portion of the work. Having completed the organisation and outfit, and made other preparations indicated, you will repair to Fuca Straits, viâ San Francisco, to meet the commissioner on the part of the British Government, and proceed with him to determine such portion of the line described in the first article of the treaty as is provided for by the Act above
“You are required to keep a journal showing your operations, and will, from time to time, keep this department advised of your progress; and after your arrival on the Pacific coast, and the completion of your organisation, you will transmit a statement of all persons employed by you, the nature of their occupation, and their compensation.
56 Upon the completion of your field work you will return