The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-07
OUR DISPUTE WITH ENGLAND.
TERMS or THE BOUNDARY TREATY.
Our Clear Right to San Juan
Island.
The Hudson Bay Company Be-
hind the Scenes.
PROBABLE RETURN OF MIR. DALLAS.
Re-, &C., &c.
SPECIAL DESPATCH TO THE HERALD.

have satisfactorily ascertaned that though diplomatic
rules, and perhaps prudential considerations, prevent
tho State Department from disclosing the state of
affairs the public, yet is believed serious difficult
ties may, and probably will grow out OF the dispute be-
the United States aud England reference TO the
island Of San Juan Bellevue in the Straits of Juan do
Fuca. is generally conceded that General Harvey was
entirely right (snd not "rasn" or spracp,tate- or
"hssty" or "imprutent," British par,issns have
called hm in taking possession of the island for the pro-
tecon of the United States citizens there aud for the
maintenance Of the rights Of this country the island
under the Pakenham treaty Of June U.s. 1916 Tha,
treaty negotiated at Washington by Mr Buchanan
then Secretary OF State close the 81 degrees 40 minutes
controversy II ratified by the constitutional ma.
orty Of the Senate of the United The FIRST article
Is in these words
From the point the forty ninth parallel OF north
latitude the boundary laid down existing treaties
and conventions between The United States aud Great
Britain terminates, the line al boundary between the
territories Of the United States and hose Of her Britannia
Majesty shall be continued westward along the said forty
ninth parallel Of no.th latitude u the mid lie of the
channel ichich separates the coninsn, from Tuacsarrs
Island and theme souerls through the niiS af the s1td
channel and Of Facas Straits TO the Pacific Ocean
Provided, however, That the navigation of the whole OF
the said channcl and straits, south OF the forty uinth
parallel Of north latitude, remain free and open to both
parties.
twill be recolected that the United States anterior to
scented by treaty relnquish It's claim The sole object
of the clause designating the line which Ia alcised
was to separate Island from the continent
and 10 exclude from the British REIMBURSEMENT and TO
include it in REIMBURSEMENT Of the United States by
which the "a 40 dispute compromised. Vancouver
claimed by the United States appurtensnt the
continent 1t is well settled and universally received
maxim OF the geiu that all Islands contiguous the
mainland and naturally appurtenant to regarded or
dinarily subject to the political Jurisprudence as
the mainland, in other words as belonging it, The
right TO a continent to large island founded on prior
discovery and occupation draws with the right to
adjacent islands. State is regarded in the absence
OF any specific REIMBURSEMENT OF said right as owning
islands contiguous to her shores, because such own
ershp often mperiously necessary for protection Of
such shores and enforcement of her laws of peace
well as of Mere convenience is sound basis for
such right Great Britain has always observed
the laws of nations in this respect-and her conduct with
respect to the islands in the Bay Of Fundy tora
islands, close under the coast Of Name and (Campa
beo) at the very entrance Of an important seaport-bu
it is nevertheless sound and just rule The enforcement
Of the revenue laws and health quarantine laws of
nation, and Of its police laws in time of peace often de-
mand the concession of such ownership and Jurisdiction
urgently the defence and protection of coasts in
time Of war The British authorities said urge that
the right to Bellevue should be yielded them bee ,use
in q naval and military point view, it commands tbs
Straits Of Fuca in their to the Gulf of Georgia
This argument, however, both ways. The Gulf o
Georgia partly below the boundary line OF AZ deg anc
side, and we have equal right the key to it.
connection with the Fuca the British can have
the of reasonabeness and proprey greater
when II is considered that Bellevue commands well all
the smaller islands cast Of it and between ii and the
shores conceded to be owned by US.
send you engraved official map made by General
Ton the Surveyor General of Washington Territory in
1857 which accurately deneatcs Faca Straits and the
location Of Bellevue San Juan Islands palmer than
any other map chart that has come under my notice.
You win perceive by the map that Bellevue clearly and
unquestionably "lora island, . naturally appurtenant
to the land of Washington Territory. is the Out.
side OF Of group Of smaller islands in close proximity
to the Shore and much greater distance from Van
couver than from any Of the other islands behind ITSELF or
than any Of those islands from the Wash
ington There several channels between these small
islands (some sixteen seventeen in number) all of
which channels have distinct and known by which
they have been long recognizea for instance the Rosa
rio srawhilst the outside channel separating Bellevue
from Vancouver has been regarded and known as
continuation Of the Fuca Straits mentioned in treaty
and which, before observed, ran into the GuIf OF
Georgia some twelve fifteen miles south Of the British
boundary line.
You will perceive also that Bellevue is beyond marine
league three miles longest range of shot
which publcists contend is the limit prescribed by
the laws OF nations the jurisdiction naturally appurte
nant to the adjacent mainland Sometimes designated as lii
toral sovereignty Great Britain has, disputes with the
United States heretofore, urged the empirical doctrine Of
three miles against u fair she should abide
II now.
But the terms Of the treaty clear plain and IMAM.
biguous the first place the channel employed
in the treaty clearly applies to the waters in the Gulf
Georgia opposite the forty ninth degree parallel OF
tude ard nearly twenty miles north Of the norhernmost
end Of Bellevue Island and the designation 'mdde of
Fuca Straits is the clause governing this question The
waters between Vancouver and Bellevue are the Straits
of Juan de Fucasc all the geographical Authorities
II this position be there is for con st,
But concedc this view 10 be Incorrect and that the term
tschanne" s the controlling word The line prescr bed
by the treaty under such construction line in the
ssmddle of the channel which separates the continent
from vsncouver's Island,n not one which separates
the continent from Bellevue Island the other islands
adjacent the of the continent aud naturally
purtenan to it, The question susceptible Of plain aud
simple solution upon principles Of sense and all
the obfuscaon and observation Of diplomacy cannot
make Il otherwise. When Bellevue Island you on
the western side OF ssthe middle Of the emanuel which
separates the continent from vancouver's sand This
is the sole question IL there not still "channel nay
several nchannels, between You and Vancouver? Now
the words "main" ssprncipal' ''chief" left
out Of the treaty description Of 'the channel
to be line except that the one (Which separates
the continent from yancouver's Island" II any VI the
channels or straits eastward OF Bellevue had been meant
itwoud have been designated by its well known name
contaned in the maps exant more than three quarters
OF century past The line is called he channel' in
the treaty The prominent object was to fix the line be-
tween Vancouver and the continent Vancouver only
intended TO be excluded from the territory retained by
the United States and to be relnqushed by the United
states TO Great Britain No other island is mentioned.
mere no express clause by carrying with Vancouver
AsAno me REIMBURSEMENT of other Islands appurtenant
" as htoral islands. II there had even been
sucn Clause Bellevue san Juan as represented.
no' "itnn Three miles miles Of vaucoaver, or aoy
h'orai is'ahd Of Vancouver, is no, In any other