FOREIGN RELATIONS: ARBITRATION.

REPORT FROM COMMITTEE ON FOREIGN RELATIONS, ADVISING THE PRESIDENT TO

SUBMIT THE SAN JUAN BOUNDARY QUESTION TO ARBITRATION, IN THE SENATE,

MARCH 19, 1861.

By the withdrawal of Southern Senators, the Republicans were

left with a majority in the Senate, enabling them to reorganize

the Standing Committees, which was done March 8, 1861. At the

head of the Finance Committee was Mr. Fessenden, instead of

Mr. Hunter,--of the Judiciary Committee, Mr. Trumbull, instead

of Mr. Bayard,--of the Military Committee, Mr. Wilson, instead

of Mr. Jefferson Davis,--and of the Naval Committee, Mr. Hale,

instead of Mr. Mallory. Mr. Sumner was appointed Chairman of

the Committee on Foreign Relations, in place of Mr. Mason, of

Virginia, who had held this position from December 8, 1851.

With the former on the new Committee were Messrs. Collamer,

of Vermont, Doolittle, of Wisconsin, Harris, of New York,

Douglas, of Illinois, Polk, of Missouri, and Breckinridge,

of Kentucky. The appointment of Mr. Sumner to this important

position was contrasted with his treatment at an earlier day,

when the omission of his name from any committee was justified

on the ground that he was “outside of any healthy political

organization in this country,” and this Senatorial sally was

received with “laughter.”[141] Mr. Hale and Mr. Chase were in

the same category. Only Democrats and Whigs were accepted: such

was the Law of Slavery. At last this was all changed.

The reorganization of the Committees attracted the attention

of the press at home and abroad. It was properly recognized

as marking a change from old to new. The London _Star_, in an

elaborate article on the transition, welcomed especially the

new Chairman of the Committee of Foreign Relations.

“The Republican Senators have selected for the Chairman

of this Committee the Hon. Charles Sumner, a statesman

deservedly honored in this country, not only for his

eloquence as an orator, but for his unswerving fidelity to

the cause of Freedom. No man could have been chosen for

this office in every respect more acceptable to the English

people. It is not only as the Antislavery legislator, who,

from the first moment that he took his seat in the Senate

as the representative of Massachusetts, has ever raised

his voice and given his vote for the hapless negro,--it is

not only as the patriot who almost suffered martyrdom on

the floor of the Senate Chamber from the ruffian hand of

Preston S. Brooks, that the English people will be disposed

to regard his appointment with hearty approval: he has

established other claims to our sympathy and admiration,

which we must not be slow to recognize. Mr. Sumner is

well known in this country--scarcely less, indeed, than

in America--as the stanch friend of Peace. Years ago, in

his famous oration on the True Glory of Nations, he set

forth the advantages of a pacific policy, with arguments as

cogent and irresistible as those which have been employed

by Mr. Cobden, and with an eloquence of language and a

fertility of illustration which revived the oratory of

classic times.…

“And if during the period of Mr. Lincoln’s administration

causes of dispute should unhappily arise between America

and Great Britain, or any other foreign power, Mr.

Sumner will not fail to point to _arbitration as the

only reasonable and satisfactory mode_ of settling

international differences. _He will not, if he can help

it, permit San Juan to be made a casus belli_, or tolerate

any more of those periodical expeditions against the weak

and effeminate republics of South America, by which Mr.

Buchanan and his predecessors treated with contempt the

solemn injunctions of the Fathers of the Republic, that

their posterity should avoid the fatal quicksands of

European diplomacy, and abstain from intermeddling with the

affairs of other states.”

The very questions anticipated by the London journal were

presented at an early day, even before its article could reach

Washington. The advice of the Senate was asked by the President

on submitting the San Juan Question to arbitration.

March 16, 1861, the following Message from President Lincoln

was read in Executive Session, and on motion of Mr. Sumner

referred to the Committee on Foreign Relations.

“TO THE SENATE:--

“The Senate has transmitted to me a copy of the Message

sent by my predecessor to that body on the 21st day of

February last, proposing to take its advice on the subject

of a proposition made by the British Government through its

minister here to refer the matter in controversy between

that Government and the Government of the United States

to the arbitrament of the King of Sweden and Norway, the

King of the Netherlands, or the Republic of the Swiss

Confederation.

“In that Message my predecessor stated that he wished to

submit to the Senate the precise questions following,

namely:--

“‘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 Vancouver’s

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 June 15, 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?’

“I find no reason to disapprove of the course of my

predecessor in this important matter, but, on the contrary,

I not only shall receive the advice of the Senate thereon

cheerfully, but I respectfully ask the Senate for their

advice on the three questions before recited.

“ABRAHAM LINCOLN.

“WASHINGTON, March 16, 1861.”

From this Message it appears that the subject had been already

before the Senate on the submission of President Buchanan in

the last days of his Administration. In his Message the latter

stated these precise questions:--

“Will the Senate approve a treaty referring to either of

the sovereign powers above named [Sweden, the Netherlands,

or Switzerland] the dispute now existing between the

Governments of the United States and Great Britain

concerning the boundary line between Vancouver’s 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

June 15, 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?”

February 27, 1861, Mr. Mason, from the Committee on Foreign

Relations, reported the following Resolution, directly

responsive to the questions proposed.

“_Resolved_, That in the opinion of the Senate the boundary

in dispute between the Governments of Great Britain and

the United States should be referred to the arbitrament

and final award of an umpire to be agreed on between the

two Governments; that such umpire should, if practicable,

determine said boundary as the same is prescribed in the

Treaty aforesaid; or if that be not practicable, then that

he be authorized to establish a boundary, conforming as

nearly as may be to that provided by said Treaty.

“And that, of the three powers referred to in the Message

of the President, the Senate would indicate as such umpire

the Republic of the Swiss Confederation.”

This was the last diplomatic act of Mr. Mason as Chairman of

the Committee on Foreign Relations.

* * * * *

March 19, 1861, Mr. Sumner submitted the following Report,

which was his first diplomatic act as Chairman.

* * * * *

The Committee on Foreign Relations, to whom was referred the

Message of the President of the United States dated the 16th

instant, with the documents accompanying it, have had the same

under consideration, and now report.

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 49th parallel of north

latitude, to which it was ascertained, should be continued westward

along this parallel, “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’s Straits, to the Pacific Ocean.”

When the commissioners appointed by the two Governments to mark the

boundary line came to that part of it required to run southerly

through the channel dividing the continent from Vancouver’s Island,

they differed entirely in their opinions, not only concerning the

true point of deflection from the 49th parallel, but also as to the

channel intended in the Treaty. After long discussion, producing no

result, they reported a disagreement to their respective Governments.

Since then the two Governments, through their ministers here and at

London, have carried on a voluminous correspondence on the matter in

controversy, each sustaining the conclusion of its own commissioner,

and neither yielding in any degree to the other. Meanwhile the

unsettled condition of this question produced serious local

disturbance, and on one occasion threatened to destroy the harmonious

relations existing between Great Britain and the United States, causing

serious anxiety.

If our construction of the Treaty be right, the island of San Juan,

with other small islands, will fall to the United States, while, if

the British interpretation be adopted, these islands will be on their

side of the line. President Buchanan, in his Message to the Senate of

February 21, 1861, declared his conviction that the territory thus in

dispute “is ours by the Treaty fairly and impartially construed.” But

the British Government, on their side, insist that it is theirs. The

argument on both sides seems to have been exhausted.

Under these circumstances, it appears from the correspondence submitted

to the Senate, that General Cass, Secretary of State, by letter of June

25, 1860, to Lord Lyons, the British Minister at Washington, invited

the British Government to make a proposition of adjustment. Here are

his words:--

“And I have it further in charge to inform your Lordship, that

this Government is ready to receive and fairly to consider any

proposition which the British Government may be disposed to

make for a mutually acceptable adjustment, with an earnest hope

that a satisfactory arrangement will speedily put an end to all

danger of the recurrence of those grave questions which have

more than once threatened to interrupt that good understanding

which both countries have so many powerful motives to maintain.”

The reply of the British Government to this invitation was communicated

by Lord Lyons, in a letter to General Cass, dated December 10, 1860,

in the course of which he uses the following language.

“In reference to the line of the water boundary intended by the

Treaty, with respect to which also her Majesty’s Government

have been invited by the United States Government to make a

proposition for its adjustment, I am instructed to inform you

that her Majesty’s Government are glad to reciprocate the

friendly sentiments expressed in your note of the 25th of June,

and will not hesitate to respond to the invitation which has

been made to them.

“It appears to her Majesty’s Government that the argument on

both sides being nearly exhausted, and neither party having

succeeded in producing conviction on the other, the question

can only be settled by arbitration.”

Lord Lyons then proceeds to details connected with the offered

arbitration, and, in behalf of his Government, proposes that the King

of the Netherlands, or the King of Sweden and Norway, or the President

of the Federal Council of Switzerland should be invited to be arbiter.

Upon these facts the President submits to the consideration of the

Senate the following interrogatories.

“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 Vancouver’s 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 June 15,

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?”

The Committee, in conclusion, recommend to the Senate the adoption of

the following Resolution.

“_Resolved_, That, in pursuance of the Message of the President

of the 16th instant, the Senate advises a reference of the

existing dispute between the Government of the United States

and the Government of Great Britain, concerning the boundary

line which separates Vancouver’s Island and the American

continent, to the arbitration of a friendly power, with

authority to determine the line according to the provisions

of the Treaty of 15th June, 1846, but without authority to

establish any line other than that provided for in the Treaty.

“And of the three powers named by Great Britain, the Senate

advises that the Republic of Switzerland be chosen by the

United States as arbiter.”

* * * * *

On two different days the Senate proceeded with this

resolution, when, March 27, 1861, the day before the close of

the Session, it was ordered that its further consideration be

postponed to the second Monday of December next. This was done

on the suggestion that the time was not propitious for the

arbitration of a disputed boundary line. April 12, Fort Sumter

was bombarded.

* * * * *

A difference between the resolution of Mr. Mason and that

of Mr. Sumner will be noted. The former declared that the

umpire “should, if practicable, determine said boundary as

the same is prescribed in the Treaty aforesaid; or if that be

not practicable, then that he be authorized to establish a

boundary, _conforming as nearly as may be to that provided by

said Treaty_.” The latter resolution declared, that the arbiter

should have “authority to determine the line according to the

provisions of the Treaty of 15th June, 1846, _but without

authority to establish any line other than that provided

for in the Treaty_.” The obvious purpose was to prevent a

compromise line. This same purpose appears in the terms of the

Treaty between the United States and Great Britain, signed at

Washington, May 8, 1871, where, after mentioning the Article

of the original Treaty under which the question arose, it is

declared, that, “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 the United States and

of the Government of her Britannic Majesty shall be submitted

to the arbitration and award of his Majesty the Emperor of

Germany, who, having regard to the abovementioned Article of

the said Treaty, shall decide thereupon, finally, and without

appeal, _which of these claims is most in accordance with the

true interpretation of the Treaty of June 15, 1846_.” This

provision follows substantially the early resolution of Mr.

Sumner.

Charles Sumner: his complete works, volume 07 (of 20) · 第 74 / 136 题