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It appears that objections were made in the United States to the Claims convention above mentioned. ()
On the 27th of November, 1868, Mr. Seward wrote, with reference to the last-mentioned convention, to Mr. Reverdy Johnson, and, after suggesting certain amendments, stated as follows:(*)—
“ It remains only to say that in view of the present situation of the Claims convention it is expedient to let the satisfactory settlement of the naturalisation question and the San Juan question rest in protocol. On the other hand, should Her Majesty's Government accept this amendment of the Claims convention herein proposed, you are authorised in that case to reduce the three or either two of these agreements to the forms of distinct conventions, and to sign and transmit them at once to this department to be laid before the President for ratification."
The reference of the San Juan boundary question to arbitration was thus rescinded, and made contingent upon the acceptance by Great Britain of the amendments to the Claims convention proposed by Mr. Seward.
Subsequently the amendments insisted on by Mr. Seward were accepted by Great Britain, and an amended convention (3) embodying such amendments was signed by Lord Clarendon (who had succeeded Lord Stanley at the Foreign Office) and by Mr. Reverdy Johnson, on the 14th of January, 1869. The fate of
(") Correspondence respecting the negotiations with the United States Government, presented to Parliament (1869), pp. 15, 16.
(*) Idem, pp. 25, 29. (3) Idem, p. 36.
this convention needs not to be told at length; it suffices to say that it was submitted, on the 18th of February, to the Senate Committee on Foreign Relations, (1) and on the recommendation of Mr. Sumner the committee decided on advising the Senate to refuse its sanction to the ratification of the convention.
On the date of the signing of the last-mentioned convention, Lord Clarendon and Mr. Reverdy Johnson signed a convention for referring to arbitration the question of the San Juan water boundary.
This convention was as follows : (*) —
“Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, being desirous to close all further discussion with regard to the true direction of the line of water boundary between their respective possessions, as laid down in Article I. of the Treaty concluded between them on the 15th of June, 1846, have resolved to conclude a Treaty for this purpose, and have named as their Plenipotentiaries, that is to say :
“ller Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable George William Frederick, Earl of Clarendon, Baron Hyde of Hindon, a Peer of the United Kingdom, a Member of Her Britannic Majesty's Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, Knight Grand Cross of the Most Honourable Order of the Bath, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs;
“And the President of the United States of America, Reverdy Johnson, Esquire, Envoy Extraordinary and Minister Plenipotentiary from the United States to Her Britannic Majesty;
(1) Correspondence respecting the negotiations with the United States Governmeut, presented to Parliament (1869), p. 44, No. 31; p. 55, No. 33.
(2) Idem, p. 38.
“Who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows:
“ Article I.—Whereas it was stipulated by Article I. of the Treaty concluded at Washington on the 15th of June, 1846, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, that the line of boundary between the territories of Her Britannic Majesty and those of the United States, from the point on the 49th parallel of north latitude, up to which it had already been ascertained, should be continued westward along the said 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, and of Fuca's Straits, to the Pacific Ocean;' and whereas the Commissioners appointed by the two High Contracting Parties to mark out that portion of the boundary which runs southerly through the middle of the channel aforesaid, have not been able to determine which is the true line contemplated by the Treaty;
“ The two High Contracting Parties agree to refer to the President of the Swiss Confederation to determine the line which, according to the terms of the aforesaid Treaty, runs southerly through the middle of the channel which separates the continent from Vancouver's Island, and of Fuca's Straits, to the Pacific Ocean.
“ Article II.-If the Referee should be unable to ascertain and determine the precise line intended by the words of the Treaty, it is agreed that it shall be left to him to determine upon some line which, in his opinion, will furnish an equitable solution of the difficulty, and will be the nearest approximation that can be made to an accurate construction of the words of the Treaty.
“Article III.-It is agreed that the Referee shall be at liberty to call for the production of, and to consult, all the correspondence which has taken place between the British and American Governments on the matter at issue, and to weigh
the testimony of the British and American negotiators of the
SAN JUAN WATER BOUNDARY.
the Commissioners who have recently been employed by the
the Referee within twelve months after the exchange of the
“ Article V.-The Ministers or other public Agents of
two Governments to endeavour to ascertain the line of boun-
“ Article IV.-Should either Government deliver to the
“Each Party shall be at liberty to draw up and lay before
The two High Contracting Parties engage to use their best exertions to place the whole of their respective case before
ratifications of the present Treaty.
Great Britain and of the United States at Berne shall be considered as the Agents of their respective Governments conduct their case before the Referee, who shall be requested to address all his communications and give all his notices to
which he may
such Ministers or other public Agents, whose Acts shall bind their Governments to and before the Referee on this matter.
« Article VI.-It shall be competent to the Referee to proceed in the said arbitration, and all matters relating thereto, as and when he shall see fit, either in person or by a person or persons named by him for that purpose ; either with closed doors or in public sitting; in the presence or absence of both Agents, and either viva voce or by written discussion or otherwise,
“ Article VII.—The Referee shall, if he thinks fit, appoint a Secretary, Registrar, or Clerk for the purposes of the proposed arbitration, at such rate of remuneration as he shall think proper. He shall be requested to deliver, together with his award, a statement of all the costs and
expenses have been put to in relation to this matter; and the amount thereof shall forth with be repaid in two equal portions, one by each of the two Parties.
“ Article VIII.--The Referee shall be requested to give his award in writing, as early as convenient after the whole case on each side shall have been laid before him, and to deliver one copy thereof, signed by him, to each of the said Agents.
“ Article IX.—The respective Parties formally engage to consider the decision of the Referee, when given, as final and conclusive, whether such decision shall be a positive decision as to the line of boundary intended by the true meaning of the words of Article I. of the Treaty of 1846, or whether the said Referee, being unable to give such positive decision, shall give as a decision a line of boundary as the nearest approximation to an accurate construction of those words, and as furnishing an equitable solution of the difficulty; and such decision shall, without reserve, be carried into immediate effect by Commissioners to be appointed for the purpose of marking out the line of boundary, in accordance with such decision of the Referee,
“Article X.—The present Treaty shall be ratified by Her Britannic Majesty, and by the President of the United States