The Dominion Government at once protested against these appointments. The British Government expressed surprise, but held that it would be useless to protest, and suggested that it was best to follow this example and appoint British representatives of a similar type. Canada, however, declined the suggestion, and carried out her part honourably by nominating as arbitrators, to sit with the lord chief justice of England, Lord Alverstone, Mr Justice Armour of the Canadian Supreme Court, and Sir Louis Jetté, formerly a judge of the Superior Court of Quebec. Later, on the death of Mr Justice Armour, Mr (now Sir Allen) Aylesworth, K.C., was appointed in his place.
The case was admirably presented by both sides, and all the evidence clearly marshalled. Late in October the decision of the tribunal was announced. A majority, consisting of Lord Alverstone and the three American members, had decided substantially in favour of the United States. Sir Louis Jetté and Mr Aylesworth declined to sign the award, and declared it in part a 'grotesque travesty of justice.'
In Canada the decision met with a storm of disapproval which was much misunderstood abroad, in Great Britain and still more in the United States. It was not the petulant outburst of a disappointed litigant. Canada would have acquiesced without murmur if satisfied that her claims had been disproved on judicial grounds. But of this essential point she was not satisfied, and the feeling ran that once more Canadian interests had been sacrificed on the altar of American friendship. The deep underlying anti-American prejudice now ran counter to pro-British sentiment, rather than, as usual, in the same direction. Had Mr Aylesworth, on his return, given a lead, a formidable movement for separation from Great Britain would undoubtedly have resulted. But while repeating strongly, in a speech before the Toronto Canadian Club, his criticism of the award, and making it clear that the trouble lay in Lord Alverstone's idea that somehow he was intended to act as umpire between Canada and the United States, Mr Aylesworth concluded by urging the value to Canada of British connection; and the sober second thought of the country echoed his eloquent exhortation. While Canada had shown unmistakably at the Colonial Conference that the Chamberlain imperialists would have to reckon with the strong and rising tide of national feeling, she showed now that, strong as was this tide, it was destined to find scope and outlet within the bounds of the Empire. Now imperial sentiment, now national aspirations, might be uppermost, but consciously or unconsciously the great mass of Canadians held to an idea that embraced and reconciled both, the conception of the Empire as a free but indissoluble league of equal nation-states.
When the terms of the treaty were first announced Mr Borden declared that it should have been made subject to ratification by the Canadian parliament. After the award Sir Wilfrid Laurier went further, contending that the lesson was that Canada should have independent treaty-making power. 'It is important,' he said, 'that we should ask the British parliament for more extensive powers, so that if ever we have to deal with matters of a similar nature again, we shall deal with them in our own way, in our own fashion, according to the best light we have.' The demand was not pressed. The change desired, at least in respect to the United States, did come in fact a few years later, though, as usual in British countries, much of the old forms remained.
[[1]] Shortly after arriving in England Mr Laurier had been made a Knight Grand Cross of the Order of St Michael and St George. Though on personal grounds sincerely reluctant to accept such honours, he had bowed to circumstance and the wishes of his friends.
[[2]] The reason for the Government's action was clearly stated by Mr David Mills, minister of Justice, as follows: 'There were two things that presented themselves to the minds of the administration. One was to call parliament together and obtain its sanction for a proposition to send troops to South Africa. The other was to await such a development of public opinion as would justify them in undertaking to send the contingent ... the general sanction of the political sovereignty of this country from which parliament derives its existence. Now there was such an expression of opinion in this country as to justify the government in the course which they took.'—Senate Debate, February 6, 1900.
[[3]] The Australian representatives afterwards met with much difficulty in securing the consent of the Commonwealth parliament to this arrangement. A majority of the members who took part in the debate expressed the opinion that an Australian navy must sooner or later take the place of direct contributions.