Reverdy Johnson to arbitration the water boundary under article I of the treaty of June 15, 1846.—Signed at London, January 14, January 14, 1869

Convention between the United States of America and her Majesty, for referring to arbitration the water boundary under article I of the treaty of June 15, 1846.—Signed at London, January 14, 1869.

The United States of America and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, 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: The President of the United States of America, Reverdy Johnson, esquire, envoy extraordinary and minister plenipotentiary from the United States to her Britannic Majesty; and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honorable George William Frederick, Earl of Clarendon, Baron Hyde of Hindon, a peer of the United Kingdom, a member, of her Britannic Majesty’s most honorable privy council, knight of the most noble Order of the Garter, knight Grand Cross of the most honorable Order of the Bath, her Britannic Majesty’s principal secretary of state for foreign affairs; 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 the United States of America and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, 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 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 American and British governments on the matter at issue, and to weigh the testimony of the American and British negotiators of the treaty, as recorded in that correspondence, as to their intentions in framing the article in question; and the referee shall further be at liberty to call for the reports and correspondence, together with any documents, maps, or surveys bearing on the same, which have emanated from or were considered by the commissioners who have recently been employed by the two governments to endeavor to ascertain the line of boundary as contemplated by the treaty, and to consider all evidence that either of the high contracting parties may produce. But the referee shall not depart from the true meaning of the article as it stands, if he can deduce that meaning from the words of that article, those words having been agreed to by both parties, and having been inserted in a treaty ratified by both governments.

Article IV.

Should either government deliver to the referee a statement of its case, a copy thereof shall be at the same time communicated to the other party, through its representative in Switzerland, together with a copy of all papers or maps annexed to such statement. Each government shall moreover furnish to the other, on application, a copy of any individually specified documents or maps in its own exclusive possession relating to the matter at issue.

Each party shall be at liberty to draw up and lay before the referee a final statement, if it think fit to do so, in reply to the case of the other party, and a copy of such definitive statement shall be communicated by each party to the other, in the same manner as aforesaid.

The two high contracting parties engage to use their best exertions to place the whole of their respective case before the referee within twelve months after the exchange of the ratifications of the present treaty.

Article V.

The ministers and other public agents of the United States and of Great Britain, at Berne, shall be considered as the agents of their respective governments to conduct their case before the referee, who shall be requested to address all his communications and give all his notices to 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 which he may have been put to in relation to this matter; and the amount thereof shall forthwith 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 the President of the United States, by and with the advice and consent of the Senate thereof, and by her Britannic Majesty, and the ratifications shall be exchanged at London as soon as may be, within twelve months from the date hereof.

In witness whereof, the respective plenipotentiaries have signed the same, and have affixed thereto their respective seals.