No. 16

I have the honor to forward for Your Lordship's information a
Copy of a Resolution of the Legislative Council requesting, with
reference to the appointment of a joint Commission by her
Majesty's Government and the Government of the United States to
settle all international difficulties, that I will represent to
Her Majesty's Government and also to the Government of Canada
the great importance of the Island of San Juan to the Dominion
of Canada, as well as the undoubted claims of the Crown to the
same; and the desirability of settling the boundaries of the
possessions of the United States North of British Columbia; and
further that the question of the Fisheries in the Pacific be
considered at the same time.

2. Her Majesty's Government are already so fully informed with
regard to the Island of San Juan, that I need not offer any
observations on this subject.

3. As regards the other two subjects mentioned in the
Resolution, the language and intention of the Council are
obscure. The utility is questionable at present of any more
precise definition of the boundaries of the United States (late
Russian) territories to the North of British Columbia, than is
already laid down in the Convention between Great Britain and
Russia of the 28th/16 of February 1825. To run a boundary line
and place landmarks along "the summits of the Mountains situated
parallel to the Coast as far as the point of intersection of the
141st degree of west longitude" is scarcely practicable. The
fourth Article of the Convention, however, provides that when
the summit of the mountains shall prove to be at the distance of
more than ten marine leagues from the ocean the limit shall be
formed "by a line parallel to the windings of the Coast and
which shall never exceed the distance of ten marine leagues
therefrom." It is to the uncertain character of this line of
demarcation that I am led to believe the Resolution of the
Council refers.

4. It is not clear what is meant by the Council as "the
question of the Fisheries in the Pacific;" for I am not aware
than any such question has ever arisen. I am informed, however,
that the object aimed at by the Council is that the same rights
which may be claimed by, or conceded to the United States in
British waters on the Atlantic coast should be conceded to
British subjects on the American Coast on the Pacific. This
appears to me to have been already sufficiently settled by the
first Article of the Convention of 1825, supposing that
Convention to be still operative. But I observe that the
provisions of that Treaty appear to have been temporary, and
although continued in force by the later Treaty of 31st
December 1858 (12th January 1859) this latter agreement was
only made for ten years and further until after twelve months
notice should be given of an intention to terminate the same.
As the ten years have now expired the terminable character of
existing arrangements may render some fresh agreement
necessary or expedient.

5. I should add that I was not aware of the intention to move
this Resolution until after it had been passed or I should have
endeavoured to secure that the objects of the Council should be
more clearly expressed. But, I have not thought it expedient to
return it to them for reconsideration lest public discussion
here should awaken jealousy and opposition in the neighbouring
American territories which might produce difficulties in any
negotiations at Washington.