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Articles XXXIV to XLII of the Treaty between Great Britain and the United States of America, signed
at Washington, on the 8th May, 1871.
WHEREAS it was stipulated by Article I of the Treaty concluded at Washington on the 15th of June, 1846, between Her Britannic Majesty and the United States, that the line of boundary between the territories of the United States and those of Her Britannic Majesty, from the point on the 49th parallel of north latitude up to which it has 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 Straits, to the Pacific Ocean;" and whereas the Commissioners appointed by the two High Contracting Parties to determine that portion of the boundary which runs southerly through the middle of the channel aforesaid were unable to agree upon the same; and whereas the Government of Her Britannic Majesty claims that such boundary line should, under the terms of the Treaty above recited, be run through the Rosario Straits ; and the Government of the United States claims that it should be run through the Canal de Haro, it is agreed that the respective claims of the Government of Her Britannic Majesty and of the Government of the United States, shall be submitted to the arbitration and award of His Majesty the Emperor of Germany, who, having regard for the above-mentioned Article of the said Treaty, shall decide thereupon, finally and without appeal, which of those claims is most in accordance with the true interpretation of the Treaty of June 15, 1846.
ARTICLE XXXV. The award of His Majesty the Emperor of Germany shall be considered as absolutely final and oonclusive; and full effect shall be given to such award without any objection, evasion, or delay whatsoever. Such decision shall be given in writing and dated; it shall be in whatsoever form His Majesty may choose to adopt; it shall be delivered to the Representatives or other public Agents of Great Britain and of the United States respectively, who may be actually at Berlin, and shall be considered as operative from the day of the date of the delivery thereof.
ARTICLE XXXVI. The written or printed case of each of the two parties, accompanied by the evidence offered in support of the same, shall be laid before His Majesty the Emperor of Germany within six months from the date of the exchange of the ratifications of this Treaty, and a copy of such case and evidence shall be communicated by each Party to the other, through their respective Representatives at Berlin.
The High Contracting Parties may include in the evidence to be considered by the Arbitrator, such documents, official correspondence, and other official or public statements bearing on the subject of the reference as they may consider necessary to the support of their respective cases.
After the written or printed case shall have been communicated by each Party to the other, each Party shall have the power of drawing up and laying before the Arbitrator a second and definitive statement, if it think fit to do so, in reply to the case of the other Party so communicated, which definitive statement shall be so laid before the Arbitrator, and also be mutually communicated in the same manner as aforesaid, by each party to the other, within six months from the date of laying the first statement of the case before the Arbitrator.
ARTICLE XXXVII. If, in the case submitted to the Arbitrator, either Party shall specify or allude to any report or document in its own exclusive possession without annexing a copy, such Party shall be bound, if the other Party thinks proper to apply for it, to furnish that Party with a copy thereof, and either Party may call upon the other, through the Arbitrator, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Arbitrator may require. And if the Arbitrator should desire further elucidation or evidence with regard to any point contained in the statements laid before him, he shall be at liberty to require it from either Party, and he shall be at liberty to hear one counsel or agent for each Party, in relation to any matter, and at such time, and in such manner as he may think fit.
ARTICLE XXXVIII. The Representatives or other public Agents of Great Britain and of the United States at Berlin respectively, shall be considered as the Agents of their respective Governments to conduct their cases before the Arbitrator, who shall be requested to address all his communications, and give all his notices to such Representatives or other public Agents, who shall represent their respective Governments generally in all matters connected with the arbitration.
It shall be competent to the Arbitrator 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 in the presence or absence of either or both Agents, either orally or by written discussion, or otherwise.
, appoint a Secretary or Clerk, for the purposes of the proposed arbitration, at such rate of remuneration as he shall think proper. This, and all other expenses of and connected with the said arbitration, shall be provided for as hereinafter stipulated.
The Arbitrator shall be requested to deliver, together with his award, an account of all the costs and expenses which he may have been put to in relation to this matter, which shall forthwith be repaid by the two Governments in equal moieties,
ARTICLE XLII. The Arbitrator 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 to each of the said Agents.
Copy of Treaty between Great Britain and the United States of America, signed at Washington on the
15th June, 1846.
[Ratifications exchanged at London, July 17, 1846.]
HER Majesty the Queen of the Untied Kingdom of Great Britain and Ireland and the United States of America, deeming it to be desirable for the future welfare of both countries that the state of doubt and uncertainty which has hitherto prevailed respecting the Sovereignty and Government of the Territory on the North-west Coast of America, lying westward of the Rocky or Stony Mountains, should be finally terminated by an amicable compromise of the rights mutually asserted by the two Parties over the said Territory, have respectively named Plenipotentiaries to treat and agree concerning the terms of such settlement, that is to say :
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland has, on Her part appointed the Right Honourable Richard Pakenham, a Member of Her Majesty's Most Honourable Privy Council, and Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States ; and the President of the United States of America has, on his part, furnished with full powers, James Buchanan, Secretary of State of the United States ; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles :
ARTICLE I. From the point on the forty-ninth parallel of north latitude, where the boundary laid down in existing Treaties and Conventions between Great Britain and the United States terminates, the line of boundary between the territories of Her Britannic Majesty and those of the United States 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, and of Fuca's Straits, to the Pacific Ocean: provided, however, that the navigation of the whole of the said channel and straits, south of the forty-ninth parallel of north latitude, remain free and open to both parties.
ARTICLE II. From the point at which the forty-ninth parallel of north latitude shall be found to intersect the great northern branch of the Columbia River, the navigation of the said branch shall be free and open to the Hudson's Bay Company, and to all British subjects trading with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers ; it being understood that all the usual portages along the line thus described shall, in like manner, be free and open.
In navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens of the United States; it being, however, always understood that nothing in this Article shall be construed as preventing, or intended to prevent, the Government of the
United States from making any regulations respecting the navigation of the said river or rivers, not inconsistent with the present Treaty.
ARTICLE III. In the future appropriation of the territory south of the forty-ninth parallel of north latitude, as provided in the First Article of this Treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects who may be already in the occupation of land or other property lawfully acquired within the said territory, shall be respected.
The farms, lands, and other property of every description, belonging to the Puget's Sound Agricultural Company, on the north side of the Columbia River, shall be confirmed to the said Company. In case, however, the situation of those farms and lands should be considered by the United States to be of public and political importance, and the United States' Government should signify a desire to obtain possession of the whole, or of any part thereof, the property so required shall be transferred to the said Government at a proper valuation, to be agreed upon between the parties.
The present Treaty shall be ratified by Her Britannic Majesty and by the President of the United States by and with the advice and consent of the Senate thereof; and the ratifications shall be exchanged at London at the expiration of six months from the date hereof, or sooner, if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto
RICHARD PAKENHAM. (L.S.)
A Narrative of the Passage of His Britannic Majesty's ships “ Discovery” and “ Chatham," under the
Command of Captain Vancouver, through the Straits of Juan de Puca, and through the Channel known at the present day as the Rosario Strait, to Birch Bay, situated in the ancient Gulf of Georgia, s. 23 W., and N. 72 W. (Extracted from Vol. I of “ Captain Vancouver's Voyages, published in 1798.)
ON the 29th April, 1792, Captain Vancouver, in command of His Britannic Majesty's ships April 29, 1792, " Discovery” and “ Chatham,” anchored, about 8 miles within the entrance, on the southern shore of page 220. the supposed Straits of de Fuca.
On the following morning (30th) the expedition weighed anchor, with a favourable wind, and the same April 30, 1792. evening anchored off a low sandy point, to which Captain Vancouver gave the name of New Dungeness.
On the 2nd May the expedition quitted New Dungeness, and subsequently anchored in 34 fathoms May 2, 1792, water, about a quarter of a mile from the shore, in a harbour, to which was given the name of Port
227. Discovery, after the vessel commanded by Captain Vancouver.
During the stay of the expedition at Port Discovery, namely, until the 18th May, boat expeditions were sent to explore the western shore of the Straits.
On the 18th May the ships quitted Port Discovery and entered Admiralty Inlet, and on the 19th May 18, 1792, they anchored off Restoration Point, the name given to an anchorage discovered therein.
During the period of the stay of the vessels at Restoration Point several boating expeditions were May 19, 1792. dispatched to explore the shores in Puget Sound and Admiralty Inlet.
On the 30th May Captain Vancouver quitted Restoration Point and directed his course to the May 30, 1792, opening under examination by Mr. Broughton, who commanded the “ Chatham,” the entrance to which
279. lies from Restoration Point N. 20 E., 5 leagues distant, and there anchored for the night.
On the 31st May he again weighed anchor, and on the 2nd June Captain Vancouver anchored his May 31, 1792, vessels, in 50 fathoms water, in a branch of the Admiralty Inlet, which he called Possession Sound, page 280. distinguishing its western arm by the name of Port Gardner, and its smaller or eastern one by that of June 2, 1792, Port Susan.
On the 5th June the expedition quitted Possession Sound and anchored the same night about half June 5, 1792, a mile from the western shore of Admiralty Inlet.
On the 6th June the vessels worked out of the inlet, and reached its entrance at a point to which June 6, 1792, Captain Vancouver gave the name of Point Partridge ,and proceeding northward, after advancing a few page 291. miles along the eastern shore of the Gulf, the expedition was obliged to anchor in 20 fathoms water, finding no effect from the ebb or flood tides, and the wind being light from the northward.
“ In this situation,” Captain Vancouver stated, “New Dungeness bore by compass S. 54 W.; the Description by east point of Protection Island, S. 15 W.; the west point of Admiralty Inlet, which, after my much Captain Vancouver, esteemed friend Captain George Wilson, of the navy, I distinguished by the name of Point Wilson, Š. 35 E., of ihe passage situated in latitude 48° 10', longitude 237° 31'; the nearest shore east, 2 leagues distant, a low sandy through the island, forming at its west end å low cliff , above which some dwarf trees are produced from N. 26 W. channel, now called
Rosario Strait, to
to N. 40 W., and the proposed station for the vessels during the examination of the continental shore by the boats, which, from Mr. Broughton, who had visited it, obtained the name of Strawberry Bay, N. 11 W., at the distance of about 6 leagues, situated in a region apparently much broken and divided by water. Here we remained until 7 in the evening. We then weighed, but with so little wind that after having drifted to the southward of our former station we were obliged again to anchor until 6 the next morning, when we made an attempt to proceed, but were soon again compelled to become stationary near our last situation.”
On the 7th June Captain Vancouver continues, “about 6 in the evening, with a light breeze from the S.W., we weighed and stood to the northward; but after having advanced about eleven miles, the wind became light and obliged us to anchor about 9 that evening, in 37 fathoms of water, hard bottom, in some places rocky ; in this situation we were detained by calms until the afternoon of the following day. Our observed latitude here was 48° 29', longitude 237° 29'; the country occupying the northern horizon in all directions, appeared to be excessively broken and insular. Strawberry Bay bore by compass, N. 10 W. about 3 leagues distant; the opening on the continental shore, the first object for the examination of the detached party, with some small rocky islets before its entrance that appeared very narrow, bore at the distance of about five miles, S. 37 E.; Point Partridge, S. 21 E.; the low sandy island, south; the south part of the westernmost shore, which is composed of islands and rocks, S. 37 W., about two miles distant; the nearest shore was within about a mile ; a very dangerous sunken rock, visible only at low tide, lies off from a low rocky point on this shore, bearing N. 79 W.; and a very unsafe cluster of small rocks, some constantly, and others visible only near low water, bore N. 15 W. about two and a half miles distant.
“This country presented a very different aspect from that which we had been accustomed to behold further south. The shores now before us were composed of steep, rugged rocks, whose surface varied exceedingly in respect to height, and exhibited little more than the barren rock, which in some places produced a little herbage of a dull colour, with a few dwarf trees.
“ With a tolerably good breeze from the north we weighed about 3 in the afternoon, and with a flood tide turned up into Strawberry Bay, where in about three hours we anchored in 16 fathoms, fine sandy bottom. This bay is situated on the west side of an island which, producing an abundance of upright cypress, obtained the name of Cypress Island. The bay is of small extent, and not very deep, its south point bore by compass S. 40 E.; a small islet, forming nearly the north point of the bay, round which is a clear good passage west; and the bottom of the bay east, at the distance of about three quarters of a mile. This situation, though very commodious in respect to the shore, is greatly exposed to the winds and sea in a S.S.E. direction.”
In consequence of the anchorage being much exposed, Captain Vancouver resolved to proceed with his vessels up the gulf to the north-west in quest of a more commodious situation.
"With a light breeze from the S.E., about 4 o'clock the next morning" (11th June), Captain Vancouver states, “we quitted this station, and passed between the small island and the north point of the bay to the north westward, through a cluster of numerous islands, rocks, and rocky islets. On Mr. Broughton's first visit hither he found a quantity of very excellent strawberries, which gave it the name of Strawberry Bay; but on our arrival, the fruit season was passed. The bay affords good and secure anchorage, though sometimes exposed; yet in fair weather, wood and water may be easily procured. The island of Cypress is principally composed of high, rocky mountains, and steep perpendicular cliffs, which in the centre of Strawberry Bay, fall a little back, and the space between the foot of the mountains and the sea side is occupied by low, marshy land, through which are several runs of most excellent water, that find their way into the bay by oozing through the beach. It is situated in latitude 48° 36', longitude 237° 34'. The variation of the compass, by eighteen sets of azimuths, differing from 18° to 21° taken on board and on shore, since our departure from Admiralty Inlet gave the mean result of 19° 5' eastwardly. The rise and fall of the tide was inconsiderable, though the stream was rapid. The ebb came from the east, and it was high water 2h. 37m, after the moon had passed the meridian.
“ We proceeded first to the north-eastward, passing the branch of the gulph that had been partly examined, and then directed our course to the north-westward, along that which appeared a continuation of the continental shore, formed by low sandy cliffs, rising from a beach of sand and stones. The country moderately elevated, stretched a considerable distance from the north-westward round to the south-eastward, before it ascended to join the range of rugged, snowy mountains. This connected barrier, from the base of Mount Baker, still continued very lofty, and appeared to extend in a direction leading to the westward of north. The soundings along the shore were regular, from 12 to 25 and 30 fathoms, as we approached, or increased our distance from, the land, which seldom exceeded two miles; the opposite of the gulph to the south-westward, composed of numerous islands, was at a distance of about two leagues. As the day advanced, the south-east wind gradually died away, and for some hours, we remained nearly stationary.
“ In the evening a light breeze favouring the plan I had in contemplation, we steered for a bay that presented itself, where about 6 o'clock we anchored in 6 fathoms of water, sandy bottom, half a mile from the shore. The points of the bay bore by compass S. 32 W. and N. 72 W.; the westernmost part of that which we considered to be the main land west, about three leagues distant; to the south of this point appeared the principal direction of the gulph, though a very considerable arm seemed to branch from it to the north-eastward. As soon as the ship was secured, I went in a boat to inspect the shores of the bay, and found, with little trouble, a very convenient situation for our several very necessary duties on shore; of which the business of the observatory was my chief object, as I much wished for a further trial of the rate of chronometers, now that it was probable that we should remain at rest a sufficient time to make the requisite observations for that purpose. Mr. Broughton received my directions to this effect, as also that the vessels should be removed, the next morning, about a mile further up the bay to the north-east, where they would be more conveniently stationed for our several operations on shore ; and as soon as the business of the observatory should acquire a degree of forward,
ness, Mr. Whidby in the ‘Discovery's' cutter, attended by the 'Chatham's' launch, was to proceed to the examination of that part of the coast, unexplored to the south-eastward ; whilst myself in the yawl, accompanied by Mr. Puget in the launch, directed our researches up the main inlet of the gulph."
A Narrative of the Voyages made by the Spanish Vessels “ Sutil” and “ Mexicana," in the year 1792, to
explore the Strait of Fuca. (Extracted from the Account of the Voyage published at Madrid in 1802.)
THE two schooners “Sutil” and “ Mexicana” quitted Nootka in the night between the 4th and 5th of June, 1792, and the following is an account of the progress of the expedition through the Strait of Juan de Fuca, translated from the Spanish narrative published at Madrid in 1802:
El viento cedió luego que salimos del canal The wind abated as soon as we left the channel que forma la entrada de Nutka, y siguió calmoso which forms the inlet of Nootka, and it continued hasta las once de la manaña, que se entabló la calm until 11 in the morning, when the sea virazon por el O.S.O. Fue refrescando en la breeze set in from W.S.W. It freshened in the tarde, y nosotros seguimos con toda vela, llegando afternoon and we proceeded with all sail, making á andar hasta siete millas por corredera, que es el as much as 7 miles by the log, which is the mayor andar
que advertimos en las goletas. De greatest way that we observed in the schooners. las cinco á las siete se fue quedando el viento, y al From 5 to 7 the wind continued, and at nightfall anochecer estabamos diez y seis millas al 0. 10° we were 16 miles W. 10° N. from the inlet of N. de la entrada de Nitinat, y cinco millas de un Nitinat, and 5 miles from a small islet which we islotillo que teniamos por nuestro traves.
had abreast of us. Debiamos segun las circunstancias dirigimos We were, according to circumstances, to employ á adelantar el reconocimiento de la entrada de ourselves in advancing the survey of the inlet of Juan de Fuca ; por esta razon no nos detuvimos á Juan de Fuca; for this reason we did not stop to examinar los puntos de la costa que teniamos á la examine the points of the coast which we had in vista, y solo corrimos bases para colocar algunos, y sight, and only ran bases to place some of them), rectificar la carta que de ella habian levantado los and to rectify the chart of it taken by the officers oficiales y pilotos del Departamento de San Blas, and pilots of the Department of San Blas, the cuyo por menor hallamos bueno.
detail of which we found good. Seguimos navegando en la noche con todo vela al We continued our course in the night with all E. 5° S., con viento fresco por el O.S.O., en la con- sail to E. 5° S., with a' fresh wind from W.S.W., fianza de que la claridad de la noche, que aumentó trusting that the clearness of the night, which was á las diez con la luz de la luna, nos proporcionaba increased at 10 o'clock by the light of the moon, toda seguridad : á las dos se quedó casi calma el would afford us every security; at 2 o'clock the viento, y amanecimos en estas circunstancias wind was almost calm, and thus day broke upon como media legua al S.E. de la punta E. de us about half a league S.E. of the east point of Nitinat, y á la vista de la boca del estrecho ó Nitinat, and in sight of the mouth of the strait or entrada de Juan de Fuca.
inlet of Juan de Fuca.
A las quatro de la tarde avistamos el Puerto de At 4 in the afternoon we sighted the port of Nuñez Gaona, y poco despues una corbeta eu su Nuñez Gaona, and soon after a corvette in its fondeadero, que conjeturamos ser la nombrada anchorage, which we supposed to be that called
Princesa,” perteneciente al Departamento de San “ Princess.” belonging to the Department of San Blas. Seguimos la derrota á costear la parte 0. Blas. We shaped our course to coast along the del puerto, y á poco llegó el Teniente de Navío west part of the port, and in a short time LieuDon Salvador Fidalgo, Comandante de dicha cor- tenant Don Salvador Fidalgo, Commander of the beta, y nos confirmó en la idea de que la costa O. said corvette, came on board, and he confirmed us del puerto era sucia, como lo indicaba el sargazo : in our opinion that the west coast of the port was la dexamos perdiendo barlovento, y á costa de foul, as the kelp indicated; we dropped away from algunos bordos conseguimos anclar á las seis y it, losing the favourable wind and, after some tacks, media de la tarde muy próximos á la“ Princesa. succeeded in anchoring at half-past 6 P.M., very
close to the “ Princess." Aunque el Alférez de Navio D. Manuel Quimper Although Sub-Lieutenant Don Manuel Quimper habia reconocido hasta el Puerto de Quadra, y el had surveyed as far as the port of Quadra, and Teniente de Navio Don Francisco Eliza hasta el Lieutenant Don Francisco Eliza as far as the Channel Canal de nuestra Señora del Rosario en los años of Our Lady of the Rosary, in the preceding years, anteriores, no liabian exâminado las bocas de they had not examined the mouths of Caamaño,