WASHINGTON, _February 21, 1861_.
_To the Senate of the United States_:
The treaty concluded between Great Britain and the United States on
the 15th of June, 1846, provided in its first article that the line of
boundary between the territories of Her Britannic Majesty and those of
the United States from the point on the forty-ninth parallel of north
latitude up to which it had already been ascertained should be continued
westward along the said parallel "to the middle of the channel which
separates the continent from Vancouvers Island, and thence southerly
through the middle of said channel and of Fucas Straits to the Pacific
Ocean." When the commissioners appointed by the two Governments to
mark the boundary line came to that point of it which is required to
run southerly through the channel which divides the continent from
Vancouvers Island, they differed entirely in their opinions, not only
concerning the true point of deflection from the forty-ninth parallel,
but also as to the channel intended to be designated in the treaty.
After a long-continued and very able discussion of the subject, which
produced no result, they reported their disagreement to their respective
Governments. Since that time the two Governments, through their
ministers here and at London, have had a voluminous correspondence
on the point in controversy, each sustaining the view of its own
commissioner and neither yielding in any degree to the claims of the
other. In the meantime the unsettled condition of this affair has
produced some serious local disturbances, and on one occasion at least
has threatened to destroy the harmonious relations existing between
Great Britain and the United States. The island of San Juan will fall
to the United States if our construction of the treaty be right, while
if the British interpretation be adopted it will be on their side of
the line. That island is an important possession to this country, and
valuable for agricultural as well as military purposes. I am convinced
that it is ours by the treaty fairly and impartially construed. But
argument has been exhausted on both sides without increasing the
probability of final adjustment. On the contrary, each party seems now
to be more convinced than at first of the justice of its own demands.
There is but one mode left of settling the dispute, and that is by
submitting it to the arbitration of some friendly and impartial power.
Unless this be done, the two countries are exposed to the constant
danger of a collision which may end in war.
It is under these circumstances that the British Government, through its
minister here, has proposed the reference of the matter in controversy
to the King of Sweden and Norway, the King of the Netherlands, or to the
Republic of the Swiss Confederation. Before accepting this proposition
I have thought it right to take the advice of the Senate.
The precise questions which I submit are these: Will the Senate approve
a treaty referring to either of the sovereign powers above named the
dispute now existing between the Governments of the United States and
Great Britain concerning the boundary line between Vancouvers Island and
the American continent? In case the referee shall find himself unable to
decide where the line is by the description of it in the treaty of 15th
June, 1846, shall he be authorized to establish a line according to the
treaty as nearly as possible? Which of the three powers named by Great
Britain as an arbiter shall be chosen by the United States?
All important papers bearing on the questions are herewith communicated
in the originals. Their return to the Department of State is requested
when the Senate shall have disposed of the subject.