Colonial Despatches

Sir F. Rogers
This is a Foreign Office matter—unless it is thought desirable to instruct the Gov. of B. Columbia to do the same thing—tho' of course this could only be done in consultation with the F.O.

1. Of course one way of dealing with this is to let it alone—or rather to allow it with protest—i.e. with notice that it is not to be taken as evidence of any right in the U.S. Possibly an admission of this kind might be obtained.

2. Failing that & if something shd be done we mt (as Mr Cox suggests) order the Govr to include S. Juan—(with an explanatory note) in his census—wh is soon (I think) coming on.

3. Or we mt propose to Mr Fish that questions framed in concert so as to be available for the British & American Census should be put to the inhts by the officers in command of the British & American forces there.

Or if the American census is published, the Govr mt simply adopt their results—with [corrections?] and embody them in his own census.

It mt be worth while to ask Mr Trutch about the matter—whether No 2 wd provoke insult & also whether Mr Fish does enough in Excepting from the Census San Juan including (as America[n] Soil) all other Islands of the Archipelago.

(I am unable to do this myself as I leave London tomorrow.)

Perhaps Mr Herbert will see Mr Trutch.

Mr Monsell
Mr Trutch has called here at my request. He thinks that British Columbia will not at all like the assumption implied in the taking of a Census of San Juan & the Islands by the U.S. Government; but that the Colony would equally object to take a census there on its own account, as tending to throw a further obstacle in the way of agreement as to the disposal of the territory. He does not think it can be admitted that there is the least ground for treating the Islands differently—none are more or less American than San Juan.

Would it not be sufficient to reply to the F.O. that it does not appear necessary to take any further steps beyond intimating to Mr Thornton that H.M. Govt of course do not recognise the right of the U.S. to take a census of any of the islands as being American territory, and, if they think fit to do so for the purpose of future negotiations, cannot be bound by it?

Write to F.O. that I think that Mr Thornton's answer should be approved and that care should be taken to make it known to the U.S. Govt that HM's Govt in no way acquiesce in the right of the U.S. to exercise jurisdiction over St Juan.

Edward Thornton, Washington, to Secretary of State, Foreign Office, 11 July 1870, enclosing copies of correspondence between himself and U.S. Secretary of State Hamilton Fish respecting the inclusion of San Juan and adjacent islands in the U.S. census.

Fish to Thornton, 7 July 1870, enclosing copy of instructions issued by the U.S. Department of the Interior respecting the forthcoming census.

Copy of instructions addressed to E.S. Kearnly, U.S. Marshal, District of Washington, 18 May 1870, respecting enumeration of San Juan and adjacent islands.

Thornton to Fish, 8 July 1870, advising that his letter would be forwarded to the governor, and suggesting that San Juan should be omitted from the census because of its disputed status.

Holland to Under-Secretary of State, Foreign Office, 11 August 1870, approving of Thornton's answer to Fish, with additional stipulations.