“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.