| Treaty between Her Majesty and the United States of America for the Amicable Settlement of all Causes of Difference Between the Two Countries ("Alabama" Claims; Fisheries; Claims of Corporations, Companies or Private Individuals; Navigation of Rivers and Lakes; San Juan Water Boundary; and Rules Defining Duties of a Neutral Government during War). | |
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| Signed | May 8, 1871 (1871-05-08) |
| Location | Washington, D.C. |
| Effective | June 17, 1871 (1871-06-17) |
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| Language | English |
| Full text | |
 Treaty of Washington atWikisource | |
TheTreaty of Washington was a treaty signed and ratified by the United Kingdom and the United States in 1871 during thefirst premiership of William Gladstone and the presidency ofUlysses S. Grant. It settled various disputes between the countries, including theAlabama Claims for damages to American shipping caused by British-built warships, as well asillegal fishing in Canadian waters and British civilian losses in theAmerican Civil War. It inaugurated permanent peaceful relations between the United States and Canada, and also with the United Kingdom.[1] After the arbitrators endorsed the American position in 1872, Britain settled the matter by paying the United States $15.5 million (approximately $406.83 million in 2024), ending the dispute and leading to a treaty that restored friendlyrelations between Britain and the United States. Thatinternational arbitration established a precedent, and the case aroused interest in codifying publicinternational law.
In early 1871, the British government sentSir John Rose to the United States to ascertain whether negotiations to settle theNorthwestern boundary dispute would be acceptable to PresidentUlysses S. Grant. The U.S. government through Grant's Secretary of State,Hamilton Fish, cordially received his advances and, on January 26,Sir Edward Thornton, theBritish Minister at Washington formally proposed the appointment of a joint high commission to meet in Washington to resolve the dispute.[1] The United States consented, provided that the differences growing out of theCivil War be among the subjects to be considered.[1] The British government accepted the American proviso and the president appointed commissioners.
The British government selected as its commissioners theEarl de Grey and Ripon,Sir Stafford Northcote,Lord Tenterden,Sir Edward Thornton,Mountague Bernard, and CanadianPrime MinisterJohn A. Macdonald. President Grant appointed as U.S. commissioners Secretary of StateHamilton Fish, who was chairman,Robert Schenck,Ebenezer R. Hoar,George Henry Williams,Samuel Nelson, andJ.C. Bancroft Davis.
Although the treaty was signed in the name of the United Kingdom, Macdonald's presence established that the newly formedDominion of Canada would at least take part in settling foreign matters that affected it directly, especially with respect to dealings with the United States. The joint commission entered upon its task and on 8 May concluded a treaty which received the prompt approval of the two governments. Aside from the settlement of the dispute growing out of the so-calledAlabama Claims, provision was made for the adjustment of the differences with regard to the northeastern fisheries by the appointment of a mixed commission to meet atHalifax and pass upon the relative value of certain reciprocal privileges granted each of the contracting parties. In 1877, theHalifax Fisheries Commission appointed under the treaty directed the United States to pay $5,500,000 to the British Government as compensation.
Finally, a provision was made wherebyWilliam I, German Emperor, would be arbitrator of thePig War dispute concerning themaritime boundary surrounding the San Juan Islands.[1] The choice of the emperor as arbitrator reflected the prestige Germany had acquired after its victory in the Franco-Prussian War, and the trust both the United States and the United Kingdom had in the Berlin government.[2] The issue in dispute concerning the San Juan Islands traced to ambiguous wording of a previous 1846 treaty. William I issued his finding on October 21, 1872, holding that the entire San Juan archipelago belong to the United States.[2]
AtGeneva, in 1872, the United States was awarded $15,500,000 pursuant to the terms of the treaty, and the British apologized for the destruction caused by the British-built Confederate ships but admitted no guilt. However, no compensation for damages done to the U.S. byBritish-built blockade runners carrying arms supplies to the Confederacy was offered.[3][4][5]
The lack of compensation from Canada greatly irritated Macdonald, but he nonetheless signed the treaty under the argument that he was a junior member of the British delegation[citation needed]. The treaty was published in the Canadian press to widespread condemnation, but Macdonald remained silent on the issue[citation needed]. When it came time to debate the treaty in theHouse of Commons of Canada, he revealed that he had been secretly negotiating for a better deal and had obtained a cash payment from the Americans for the use of Canadian fishing grounds, and in lieu of any claim against the United States over theFenians. Furthermore, the British had agreed to a guaranteed loan of £3,600,000 for the construction of theCanadian Pacific Railway.[6] This masterstroke of diplomacy and statecraft allowed an otherwise deeply unpopular treaty to be ratified by theParliament of Canada.
The scholar of international lawJohn Bassett Moore called this treaty "the greatest treaty of actual and immediate arbitration the world has ever seen." These included so-called rules of Washington agreed upon by the contracting parties for the guidance of the tribunal in the interpretation of certain terms used in the treaty and of certain principles of international law governing the obligations of neutrals:
These rules affected the1878 Congress of Berlin, and the precedent set by these rules would eventually grow intoLeague of Nations and theUnited Nations.
The Treaty of Washington had a significant effect on the Americans' long-term relationship with Canada and Britain. Since theRush-Bagot Treaty demilitarized the Canada–US border, the resolution of outstanding issues via the Treaty of Washington and the industrialization of theGreat Lakes region, the risk of war between the United States and the United Kingdom became highly unlikely and was never seriously considered by either side again. The United States government mostly ceased official talk of annexing Canada. The treaty laid the foundation forThe Great Rapprochement, the convergence of interests between the United Kingdom and the United States.[7]
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