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positively, prohibited you from adopting the Canal de Haro as the boundary channel, without reference to your own judgment thereupon. I will, therefore, be obliged to you to inform me whether or not I am correct in this inference. Not having been furnished with a copy of your instructions, I am unable to come to a satisfactory conclusion upon the subject without calling upon you for the desired information.
“ I need hardly say that my instructions left me entirely free to adopt that channel which should be found to correspond with the terms of the treaty and the intention of the treatymakers. Having been furnished by your own Government with a copy of my instructions, you could not fail to perceive that I was not restricted or confined to any particular channel or channels.
“ With the highest respect and consideration, I have the honour to subscribe myself your most obedient servant,
“ARCHIBALD CAMPBELL, “ Commissioner on the part of the United States for
“ determining the North-west Boundary Line." 6 Captain James C. Prevost, R.N.,
“ British Commissioner North-west Boundary, &c. &c.
Captain Prevost replied as follows:(1)
“Her Britannic Majesty's Ship Satellite, « Esquimault, Vancouver's Island, Dec. 8, 1857. “SIR, I have the honour to acknowledge the receipt of your letter of the 4th instant, which came to hand at 2 P.M. of this day.
“2. In reply to your request for certain information as to the extent of my powers as Her Britannic Majesty's Commissioner for determining the water boundary line under the first article of the treaty between Great Britain and the United States of June 15, 1846, I beg to furnish you with an extract from Her Majesty's Commission, dated the 18th December, 1856, by which you will perceive that my powers as Her
(1) American State Papers, p. 93.
Majesty's First Commissioner for determining the aforesaid line of boundary are full and entire. This commission was exhibited to you at our first official meeting, when our respective powers were exchanged and found to be in due form.
“3. My commission constitutes me Her Majesty's · First Commissioner for the purpose of surveying, ascertaining, and marking out, in conjunction with the Commissioner or Commissioners appointed or to be appointed by the President of the United States in that behalf, so much of the line of boundary hereinbefore described (referring to a quotation of the first article of the treaty) as is to be traced from the point where the forty-ninth parallel of north latitude strikes the eastern shore of the Gulf of Georgia;' and it declares, we do hereby give to our said Commissioner full power and authority to do and perform all acts, matters, and things which may be necessary and proper for duly carrying into effect the object of this our commission.'
“4. You state that the whole tenor of my correspondence and the paper submitted by me at our last meeting has led you upon further reflection to apprehend that I was governed by instructions which virtually, if not positively, prohibited me from adopting the Canal de Haro as the boundary channel without reference to my own judgment thereupon. The foregoing extract from Her Majesty's Commission will show you how erroneous such a supposition is. I mentioned at our last meeting that my instructions did point out a course I was to adopt in the event of disagreement. That instructions should be complete and should provide for all contingencies is no more than should be expected. I am directed, in the event of not being able to decide upon a channel upon which we (my colleague and I) may mutually agree, as the one through which the boundary line should run, to propose a reference of the matter to our respective Governments.
“5. I here beg again most emphatically to repeat what I respectfully conceive is sufficiently evidenced by my previous correspondence, that, with the full and unfettered exercise of my own judgment, I cannot admit that the Canal de
Haro can be received as a channel which intrinsically answers to the channel of the treaty, but that, on the contrary, it is my firm and most conscientious conviction, with the same unfettered exercise of judgment, that the channel called the Rosario Strait is the only one that does intrinsically answer to the channel described in the treaty, and that, therefore, the boundary line should be carried through that channel, if the words of the treaty be strictly and literally adhered to.
“6. This being my firm conviction, it is not likely that I could accede to your views that the boundary line should be carried through the Canal de Haro, and as you remained firm in your conviction that it should be carried through that channel, it was very evident that we were never likely to fulfil the duties for which we were commissioned so long as each adhered to his own opinion. Following out what appeared to me the only course left, and what seemed the clear path of duty if I wished to execute the trust reposed in me, I voluntarily offered to recede somewhat from my position, if you would do the same, and suggested that a line of boundary should be run about midway between the two disputed chan: nels. This proposition you refused to entertain. I, therefore, had no alternative left me but to propose a reference of the whole matter to our respective Governments, which proposition I brought forward at our last meeting.
667. Having thus, I trust, satisfactorily shown you that I have been hampered by no instructions which deprived me in the slightest of the full and entire exercise of my own judgment, I beg you will allow me to subscribe myself, with the highest esteem and consideration, your most obedient and humble servant,
“JAMES C. PREVOST, - Her Britannic Majesty's First Commissioner for
6 determining the before-mentioned Boundary Line. “ Archibald Campbell, Esq.,
“United States Commissioner North-west Boundary, &c.”
Mr. Campbell rejoined in the following letter :(!)—
“ United States North-west Boundary Commission,
“ Fort Townshend, December 12, 1857. “ SIR,-I have the honour to acknowledge the receipt this day of your letter of the 8th instant, in reply to mine of the 4th instant.
“ I regret that, instead of an extract from your commission, you did not furnish me with a full copy of that instrument, as well as of other instructions by which you were governed in the performance of your duty as Joint Commissioner for carrying into effect that part of the first article of the treaty which relates to the water boundary line between the United States and the British possessions. As I am desirous of being placed upon an equal footing with yourself as regards a full knowledge of the instructions severally given to us by our respective Governments, I would respectfully request that you transmit to me copies of all instructions which have had any bearing upon the course adopted by you in our official intercourse as Commissioner on the part of the British Government for the determination of the boundary line.
"If you desire it, I will cheerfully furnish you with a copy of my commission. You already have a copy of all the instructions I have received from my Government for the performance of my duty as Commissioner on the part of the United States.
“With the highest respect and consideration, I have the honour to be, very respectfully, your most obedient servant,
“ ARCHIBALD CAMPBELL, 6 Commissioner on the part of the United States for
“ determining the North-west Boundary Line. “ Captain James C. Prevost, R.N.,
“ British Commissioner North-west Boundary, &c. &c.”
(") American State Papers, p. 94.
This was followed by another letter from Mr. Campbell to Captain Prevost, which was as follows: (1)
66 United States North-west Boundary Commission,
“ Fort Townshend, December 15, 1857. “SIR,—In order that you may be fully informed as to the powers and instructions which have governed me in my action as Commissioner on the part of the United States to carry into effect the first article of the treaty of June 15, 1846, I have concluded, without further delay, to furnish you with a copy of my commission, and have the honour to transmit the same herewith.
« With the highest respect and consideration, I have the honour to be your most obedient servant,
“ARCHIBALD CAMPBELL, “Commissioner on the part of the United States for
6 determining the North-west Boundary Line. “ Captain James Prevost, R.N.,
“ British Commissioner, North-west Boundary Survey."
The commission and instructions referred to in this letter have been already set out. It may be noticed that the instructions are thus described :()—
“ Mr. Campbell's instructions, so far as they relate to the determination of the Boundary Line.”
It is to be inferred that the statement furnished by Mr. Campbell to Captain Prevost is an extract from the documents addressed to him by his Government.
Captain Prevost, in answer, wrote the following letter, enclosing therewith a copy of his commission, and a copy of his first letter of instructions, which have been given above :(3) — (1) American State Papers, p. 95. (2) Idem, p. 96. (3) Ante, yp. 59, 61.