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treaty, which ought to be the guide, do not properly admit of that interpretation; and that it is beyond dispute that the intentions of the British Government were that the line of boundary should be drawn through Vancouver's channel.

"With reference to this point I have to state to you that the Earl of Aberdeen, to whom I am referred, informs me that he distinctly remembers the general tenor of his conversations with Mr. McLane on the subject of the Oregon boundary, and it is certain that it was the intention of the treaty to adopt the mid-channel of the straits as the line of demarcation, without any reference to islands, the position, and indeed, the very existence, of which had hardly, at that time, been accurately ascertained; and he has no recollection of any mention having been made during the discussion of the Canal de Haro, or, indeed, any other channel than those described in the treaty itself. I also enclose a memorandum drawn up by Sir Richard Pakenham, the negotiator of the treaty of 1846 (p. 223).

"Such being the state of the question, and Her Majesty's Government being anxious to see it finally settled in a manner satisfactory and honourable to both parties, Her Majesty's Government have had to consider the advice which it behoves them to tender to the Crown with a view to so desirable a result.

"This duty has been rendered, in the present case, a comparatively easy one. Her Majesty's Government cannot doubt that their desire for a mutually satisfactory and honourable settlement of the question is fully reciprocated by the Government of the United States, and they feel confident that the gradual disappearance, one after another, through the good sense and conciliatory spirit shown by both Governments, of these points of difference, which the President of the United States, in a former message to Congress, described as irritating questions, has left no room for doubting that this sole remaining question can also be satisfactorily adjusted.

"Her Majesty's Government trust that, as between this country and the United States, the day for tedious arbitrations, and still more, for hostile demonstrations, is gone by; they see

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no reason why this, and, indeed, any other question which may from time to time arise, should not be settled by direct and friendly communication between the two Governments. The true and just interpretation of treaty engagements is the only law by which Her Majesty's Government claim to be governed in their dealings with the United States; the force of argument is the only force to which they desire to appeal; and when the interpretation is asserted to be doubtful, or the argument fails to convince, Her Majesty's Government conceive that the only alternative which befits two great nations, bound to each other by such ties as those which unite Great Britain and the United States, is to endeavour to adjust the difference by mutually honourable compromise of conflicting pretensions.

"Now the result of the survey upon which Captain Richards, of Her Majesty's ship Plumper, has been lately engaged, as set forth in the enclosed chart, shows that, in addition to the Rosario Straits and to the Haro Channel, there exists a third navigable passage connecting the Gulf of Georgia with Fuca Straits.

"This third channel is, indeed, reported by Captain Richards to answer, in respect of its central position and southerly direction, to the channel described in the treaty; and, assuming it to have been the intention of the plenipotentiaries that the several channels connecting the Gulf of Georgia with Fuca Straits should be considered for the purpose of the treaty as one channel, it may fairly be argued that this central passage would not only satisfy the requirements of the treaty, but would divide between the two countries, in proportions which each party might consent to, the cluster of islands by which the channel is intersected. The advantage of such a line would indeed be with the United States, for there are only three islands of any territorial importance situated between the Haro Channel and Rosario Straits, viz., Orças and Lopez islands, and the island of San Juan; and by the adoption of the central channel as the boundary line, the two first named islands would belong to the United States, while only the island of San Juan would remain to Great Britain.

"Your Lordship will accordingly propose to the United States Government that the boundary line shall be the middle channel between the continent of America and Vancouver's Island, as thus defined :—

"Starting from the north in the parallel 48° 50' north, and the meridian 123° longitude, west from Greenwich (as laid down in the accompanying chart), the mid-channel line would proceed due south, passing half way between Patos Island on the east, and the east point of Saturna on the west, to the centre of Douglas Channel, half way between Waldron and Orcas islands. Thence sweeping round to the south-west, south-east, and south, between San Juan, on the west, and the islands of Orcas, Shaw, and Lopez, on the east, the line would rejoin the 123° meridian, as soon as the safety of navigation would permit, at about one mile to the southward of the Salmon Bank, on the parallel 48° 28′ north, and continue due south. along this meridian until it falls into the common mid-channel course through Juan de Fuca Straits.

"It will thus be observed that the meridian of 123° is assumed as the boundary, and is only departed from when forced to do so by the physical interference of the islands.

"This middle channel, though inferior in some respects to the Haro Channel or to Rosario Straits, is described by Captain Richards as being perfectly safe for steamers, and also, under ordinary circumstances, navigable for sailing vessels. Her Majesty's Government, however, do not consider this point as of much importance, since their proposition only extends to making this channel the line of boundary, and they do not propose to alter in any way that stipulation of the treaty which secures to the shipping of both countries the free navigation of the whole of the channels and of the straits-a stipulation. advantageous to both parties, and which Her Majesty's Government cannot doubt that the Government of the United States will agree with them in thinking, must, under all circumstances, be maintained.

"It appears to Her Majesty's Government that a boundary line traced through the above-mentioned central channel like

wise recommends itself for adoption as being in accordance with the principles which regulated the division between the two countries of the islands in the river St. Lawrence.

"Her Majesty's Government further submit to the Cabinet of Washington whether, to a view to mutual convenience, it might not be desirable that the small promontory known as Point Roberts should be left to Great Britain. The point is of no intrinsic value to either Government; but its possession by the United States will have the effect of detaching an isolated spot of small dimensions from the more convenient jurisdiction of the British colony. As the Government of the United States will obtain, under the proposal now made, the more valuable portion of the islands in the straits, Her Majesty's Government consider that the retention of Point Roberts can hardly be an object with them.

"There is one other consideration to which I would wish to draw the attention of the Government of the United States. In the discussions between Lord Ashburton and Mr. Webster, which resulted in the treaty of 1842, the American plenipotentiaries argued upon the relative importance to the two countries of the territory then in dispute. Her Majesty's Government admitted the value of that argument, and acted upon it. The same language was employed in 1846, upon the Oregon question, and on both occasions the United States obtained the larger portion of the territory in dispute, their plenipotentiaries successfully arguing that it was of greater value to the United States than it could be to Great Britain.

"Upon the present occasion this state of things is reversed. The adoption of the central channel would give to Great Britain the island of San Juan, which is believed to be of little or no value to the United States, while much importance is attached by British colonial authorities, and by Her Majesty's Government, to its retention as a dependency of the colony of Vancouver's Island.

"Her Majesty's Government must, therefore, under any circumstances, maintain the right of the British Crown to the

island of San Juan. The interests at stake in connection with the retention of that island are too important to admit of compromise, and your Lordship will consequently bear in mind that whatever arrangement as to the boundary line is finally arrived at, no settlement of the question will be accepted by Her Majesty's Government which does not provide for the island of San Juan being reserved to the British Crown.

"Your Lordship will bring to the consideration of this question the same conciliatory spirit and frank and straightforward bearing which have distinguished you on previous occasions; and I am happy to think that in the President and Secretary of State of the United States you will find statesmen animated by the same honourable dispositions.

"Her Majesty's Government hope that the American Government will appreciate the arguments you are instructed to employ and the spirit in which you will advance them, and Her Majesty's Government will not permit themselves to believe that the negotiation can, under such circumstances, fail of a successful issue.

"It may be proper, however, that you should make the Government of the United States understand that this proposal of compromise which you are thus instructed to lay before them is made without prejudice to the claim, which Her Majesty's Government consider themselves justified in maintaining, to the Rosario Channel as the true boundary between Her Majesty's possessions and those of the United States. They offer the compromise in the hope that its acceptance by the Government of the United States may obviate any further discussion on the subject; but if it is rejected they reserve to themselves the right to fall back on their original claim to its full extent.

"You will read this despatch to General Cass, and will leave with him a copy of it.

"I am, &c., &c., &c.,

"Lord Lyons, &c. &c. &c.”

"J. RUSSELL.

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