The New York herald., 1872-10-23

Vmo oeo SOan BOUNDARY ArDttratiOn-
A New Trouble Under the Washingto
Treaty.
The HERALD special cable despatch from
Berlin. by way of London, published to
day, brings the intelligence that the San
Juan boundary dispute, which, under article
thirty-four of the Treaty of Washington, was
submitted to the arbitration and award Of the
Emperor William of Germany, has been de-
cided in favor of the United States that the
written Judgment has been prepared and
awaits only the signature of the royal arbi-
traitor to render it complete and final but
that delay has arisen through the efforts of
the British Ambassador at tho Court of Berlin.
Mr.. Odo Russell, who, aware of the nature OF
the decision, endeavors in the interests Of his
government to prevent its consummation, and
either to modify the judgment or to defeat
settlement. These efforts of the Minister we
are told, are seconded by the influence Of the
Crown Princess of Prussia the eldest daugh-
ter of Queen Victoria, and lady of superior
ability rs well as by the assistance of a
wealthy banker, an ''intimate associate of
Prince Bismarck" "a fact which we presume
we are to interpret into hint that the Ger
man Premier himself is in sympathy with
England in this matter.
The situation at Berlin can be readily under
stood. The San Juan controversy having
been referred to the Emperor William for
decision between the claims of the contending
parties as to tho proper boundary between
A. e I.:t II 4la Init
States, the Emperor referred the subject to
the most eminent jurists he could select in
Germany for their examination and opinion.
While he is himself the sole arbitrator and is
under no compulsion to accept the conclusions
of his chosen counsel or advisers as his judg-
ment, il is not within the bounds of probability
that he would act contrary to their decision
The duty was assigned to them in consequence
of their especial qualifications to discharge it
ably and impartially, and in confding it to
their hands the Emperor at once yielded his
Judgment to theirs and gave proof of his
desire to render a just and impartial verdict
on the merits. These jurists have agreed
that the Canal de Haro is the proper boundary
between the Continent and Vancouver's
Island, as claimed by our government They
have written Judgment in accordance with
this opinion, no doubt setting forth the fact
Washington the Emperor is called upon to
decide between two boundary lines the one,
the Canal de Haro, the channel nearest to
vancouvers Island thus leaving San Juan and
the less important islands of the group
between the Gulf of Georgia and the Strait of
States the other, the Rosario Strait, the
channel nearest to the main land, which would
transfer those islands to British jurisdiction.
The efforts of Mr. Odo Russell are directed
towards preventing the acceptance of this
decision by the Emperor William rs his own.
the power to decide upon third or compro-
mise line and that hence the basis upon which
the German jurists have acted is an erroneous
one. The London Times, on official inspira-
ton, advances the same argument. No doubt
Mr.. Russell presses his point with vigor and
persistency calculated, as he hopes, to
induce the Emperor to refrain from rendering
a final judgment From the experience of the
past we may even conclude that he resorts to
the Geneva tactics and threatens on bubbles
and technicalities to refuse to abide by the
verdict after going into Court Whether the
rumor of the direct interference of the Grown
Princess and the indirect intermeddling of
Prince Bismarck should be true or false, we
have no idea that the efforts Of the British
Ambassador will succeed The Emperor
William is not likely to be diverted either by
threats or entreaties from meeting RESPONSE
bility he has accepted He will pronounce his
decision, doubtless in accordance with the
opinion of the able and impartial jurists to
whom he has referred the case and England
will be compelled to accept and respect the
Judgment, however unpalatable it may be.
In order that this important subject may be
fully understood by our readers We present in
the HERALD to-day carefully prepared, con-
else history of the boundary dispute, and
valuable map showing the lines claimed by the
two nations and the compromise line at one
time proposed by the British. The argument
in favor of the Canal de Haro boundary is,
from our point of view, unanswerable. By
the Ashburton Treaty Of 1846 the forty-ninth
parallel was agreed upon as the line of division
between the two countries; but it was found
that if carried out to the Pacific Ocean this
line would cut off from England an important
portion of Vancouver's Island. BY conces-
sion on our part it was detected, after strik-
ing the Gulf Of Georgia, sufficiently to
leave the whole of Vancouver's Island within
British jurisdiction. Hence we claim that the
attempt of England to defect the line still
lying between vancouvers and our main
land, is as ungracious as it is absurd
But apart from this the words of the
Treaty of 1916 and the geographical po-
Eax