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This Tribunal met in London on September 3, under the Presidency of Lord Alverstone. The proceedings were expeditious, and marked by a friendly and conscientious spirit. The respective cases, counter cases, and arguments presented the issues clearly and fully.
Lord Alverstone, after joining in a judgment with the Canadian commissioners that it ran north, suddenly, without any conference with them, and, as the wording of the award showed, by agreement with the United States representatives, announced that it ran where no one had ever suggested it could run, north of two and south of two, thus dividing the land in dispute.
Three questions arose: What was the Portland Canal? Did the treaty assure Russia an unbroken strip by making the boundary run round the ends of deep inlets? Did mountains exist parallel to the coast within ten leagues' distance? In October these questions received their answer. Lord Alverstone and the three American members decided in favor of the United States on the main issues.
Those on behalf of the United States were Elihu Root, Secretary of War, Henry Cabot Lodge, a Senator of the United States, and George Turner, an ex-Senator of the United States, while Great Britain named the Right Honourable Lord Alverstone, Lord Chief Justice of England, Sir Louis Amable Jette, K. C. M. G., retired judge of the Supreme Court of Quebec, and A. B. Aylesworth, K. C., of Toronto.
The American members of the Commission were Elihu Root, who was then Secretary of War, Senator H.C. Lodge, and ex-Senator George Turner. The English member was the Lord Chief Justice, Baron Alverstone; the Canadians were Sir Louis Amable Jette, Lieutenant Governor of Quebec, and Allen B. Aylesworth of Toronto. The American member of the tribunal was Judge George Gray.
Fortunately Lord Alverstone agreed with the three Americans on the main points involved in the controversy. The decision was, of course, a disappointment to the Canadians and it was charged that Lord Alverstone had sacrificed their interest in order to further the British policy of friendly relations with the United States.
Those on behalf of the United States were Elihu Root, Secretary of War, Henry Cabot Lodge, a Senator of the United States, and George Turner, an ex-Senator of the United States, while Great Britain named the Right Honourable Lord Alverstone, Lord Chief Justice of England, Sir Louis Amable Jette, K. C. M. G., retired judge of the Supreme Court of Quebec, and A. B. Aylesworth, K. C., of Toronto.
As there was little doubt as to the views that would be taken by the three Americans and the two Canadians it was evident from the first that the trial was really before Lord Alverstone.
The two Canadian, representatives refused to sign the award and denounced it as unjudicial and unwarranted. The decision set Canada aflame. Lord Alverstone was denounced in unmeasured terms. From Atlantic to Pacific the charge was echoed that once more the interests of Canada had been sacrificed by Britain on the altar of Anglo-American friendship. The outburst was not understood abroad.
There was no odd neutral member of this body, as in an arbitration, but merely three representatives from each side. Of the British representatives two were Canadians and the third was the Lord Chief Justice of England, Lord Alverstone.
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