44 TRANSACTIONS OF THE CANADIAN INSTITUTE. [VoL. VIII. 
were referred to three commissioners to be nominated, one by Great Britain, 
one by the United States, and the third by the King of Spain. 
By this same treaty it was referred to three commissioners to be 
appointed, one by Great Britain, one by the United States, and one by the 
Emperor of Austria and King of Hungary, to determine the compensa- 
tion to be paid for the use of Canadian fisheries by American citizens. 
This resulted in the Halifax award. The determination of the North- 
West boundary of the United States was left by the same treaty to the 
Emperor of Germany in terms which rendered a decision in favour of the 
United States a foregone conclusion. 
In 1848, Lord Palmerston suggested an agreement between Great 
Britain and the United States not to begin hostilities in any case of dif- 
ference between them, unless they should first have had recourse to the 
mediation or arbitration of some friendly power. For many years there 
was strong agitation in both Great Britain and the United States in 
favour of an Arbitration Treaty between the two countries. Resolutions 
were adopted both by the United States Congress and the British House 
of Commons. As a result the treaty known as the Anglo-American 
Arbitration Treaty, usually referred to as ‘‘The Pauncefote-Olney Treaty,” 
was negotiated between the Governments of Great Britain and the United 
‘States of America. This Treaty was to remain in force for five years, and 
further, until the expiration of twelve months after either of the parties 
should have given notice to the other of its wish to terminate the treaty. 
By this treaty Great Britain and the United States agreed to submit 
to arbitration, in accordance with its provisions and subject to its remedies, 
questions in difference between them which they might fail to adjust by 
diplomatic negotiations. It provided for arbitration :—First, as to pecuniary 
claims, or groups of pecuniary claims, which did not in the aggregate ex- 
ceed £100,000, and did not involve the determination of territorial claims, 
likewise for the determination of cases of pecuniary claims exceeding 
£100,000, provided that such matters in difference did not involve the 
determination of territorial claims. Controversies involving the deter- 
mination of territorial claims were to be submitted to a tribunal composed 
of six members, three of whom should be judges of the Supreme Court 
of the United States, or Justices of the Circuit Courts, to be nominated 
by the President of the United States; and the other three to be Judges 
of the British Supreme Court of Judicature, or members of the Judicial 
Committee of the Privy Council. The award of a majority of not less 
than five to one was to be final; but in the case of an award made by less than 
‘this majority, the award was to be final, unless either party should, within 
three months after the award had been reported, protest that the same is 
erroneous. ‘This treaty having failed to receive the necessary two-thirds 
majority in the Senate of the United States, did not become operative. 
