The subject of the north-western boundary line, commonly known as the San Juan question, was one of very considerable importance, over which there had been long contention between the two Governments. The treaty of Independence in 1783 was followed by a series of disputes relating to the boundary between the United States and British America. It was inevitable that a tortuous line, drawn from the north-western angle of Nova Scotia to the Lake of the Woods and thence (as the treaty erroneously described it) due west to the Mississippi River, would give occasion for honest difference of opinion and very frequent opportunity for technical disputes. The face of the country was imperfectly known in 1783, and the highlands and water-courses by which the line was to be determined could not at that time be laid down with accuracy.
Beyond the Mississippi (then an unknown country) territorial disputes grew up between Spain and Great Britain. By the purchase of Louisiana in 1803, and by the subsequently acquired claim to the Oregon country, the sovereignty of the Republic was extended to the Pacific; Great Britain claiming to be co-terminous for the entire distance. By the treaty of 1818 the forty-ninth parallel was agreed upon as the boundary from the line of the Lake of the Woods to the "Stony Mountains." The boundary from the Stony Mountains to the Pacific was left for subsequent settlement, and was finally adjusted (as already narrated in these pages) by the treaty of 1846. By that treaty the two governments agreed to continue the forty-ninth parallel as the boundary from the Stony Mountains "westward to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly through the middle of said channel and of Fuca Straits to the Pacific Ocean."
The Commissioners appointed by the two Governments to run the line could not come to an agreement upon it,—the British Government claiming that it should be run through the Rosario Straits, and the Government of the United States that it should be run through the Canal de Haro. If the line should be run by the Rosario Straits the Island of San Juan belonged to Great Britain; if by the Canal de Haro the island belonged to the United States and formed part of Washington Territory. It was now agreed in the Treaty of Washington that the question should be left to the Emperor of Germany, who was "authorized to decide finally and without appeal which of these claims is most in accordance with the true interpretation of the treaty of June 15, 1846." The question thus submitted to his Imperial Majesty was purely a geographical one. Its decision either way could scarcely wound the susceptibilities of either party, however it might affect National interests. It also relieved the august arbitrator from the consideration of all the political prejudices and pretensions which had marked the long line of boundary discussions between the two countries, and the jealousies and misunderstandings between the two countries, and the jealousies and misunderstandings which had proved so troublesome during the period of joint occupation of the Oregon territory. The Emperor referred the detailed examination of the subject to a Commission of eminent experts both in law and science, and in accordance with their report decided in favor of the claim of the United States that the line should be run through the Canal de Haro.
The Government of the United States was fortunate in having its rights and interests represented before the Umpire by its Minister at Berlin, the Honorable George Bancroft. He was a member of President Polk's Cabinet during the period of the discussion and completion of the treaty of 1846, and was Minister at London when the San Juan dispute began. With his prolonged experience in historical investigation, Mr. Bancroft had readily mastered every detail of the question, and was thus enabled to present it in the strongest and most favorable light. His success fitly crowned an official career of great usefulness and honor. His memorial to the Emperor of Germany, when he presented the case, was conceived in his happiest style. The opening words were felicitous and touching: "The treaty of which the interpretation is referred to Your Majesty's arbitrament was ratified more than a quarter of a century ago. Of the sixteen members of the British Cabinet which framed and presented it for the acceptance of the United States, Sir Robert Peel, Lord Aberdeen, and all the rest but one, are no more. The British Minister at Washington who signed it is dead. Of American statesmen concerned in it, the Minister at London, the President and Vice-President, the Secretary of State, and every one of the President's constitutional advisers, except one, have passed away. I alone remain, and after finishing the threescore years and ten that are the days of our years, am selected by my country to uphold its rights."
The decision of the Emperor was given on the 21st of October (1872). The British Government accepted it cordially and Lord Granville immediately instructed Sir Edward Thornton to propose that the two Governments should resume the work of the boundary commission, which was interrupted in 1859. In accordance with this proposition a chart was immediately prepared and approved by both parties to the treaty. It is unnecessary to point out the advantage to the United States of the decision. A glance at the map will show it in full detail. The conclusion of the negotiation enabled President Grant to say in his message to Congress, December, 1872,—ninety years after the close of the Revolutionary War,—"It leaves us for the first time in the history of the United States as a nation, without a question of disputed boundary between our territory and the possessions of Great Britain on the American continent."
His Majesty's Government had needlessly lost six years in coming to a settlement which was entirely satisfactory to the Government and people of the United States. Indeed a settlement at the close of the war could have been made with even less concession on the part of Great Britain, and perhaps if it had been longer postponed the demands of the Government of the United States might have increased. Wars have grown out of less aggravation and dispute between nations; but the Government of the United States had never anticipated such a result as possible, and felt assured that in the end Great Britain would not refuse to make the reparation honorably due.
The Arbitrators met in the ensuing December at Geneva, Switzerland, and after a hearing of nine months agreed upon an award, made public on the 14th of September, 1872. The judgment was that "the sum of $15,500,000 in gold be paid by Great Britain to the United States for the satisfaction of all the claims referred to the consideration of the tribunal." Sir Alexander Cockburn, the British Commissioner, dissented in a somewhat ungracious manner from the judgment of his associates; but as the majority had been specially empowered to make an award, the refusal of England's representative to join in it did not in the least degree affect its validity.(8)
[NOTE.—The question of the fisheries—the last for whose adjudication the Treaty of Washington provided—is referred to in a subsequent chapter.]
[(1) The following extracts are from Hansard's Parliamentary Debates:—
May 16th, 1861. Earl Derby, in discussing our blockade of the Southern coast, said: "A blockade extending over a space to which it is physically impossible that an effectual blockade can be applied will not be recognized as valid by the British Government." And he intimated that "it is essentially necessary that the Northern States should not be induced to rely upon our forbearance."