only concession the United States would make was to refer the
dispute to a commission of six, three from each country, with the
proviso that no area settled by Americans should in any event
pass into other bands. Canada felt that arbitration under these
conditions would either end in deadlock, leaving the United
States in possession, or in concession by one or more of the
British representatives, and so declined to accept the proposed
arrangement.

Finally, in 1903, agreement was reached between London and
Washington to accept the tribunal proposed by the United States,
which in turn withdrew its veto on the transfer of any settled
area. Canada's reluctant consent was won by a provision that the
members of the tribunal should be "impartial jurists of repute,"
sworn to render a judicial verdict. When Elihu Root, Senator
Lodge, and Senator Turner were named as the American
representatives, Ottawa protested that eminent and honorable as
they were, their public attitude on this question made it
impossible to consider them "impartial jurists." The Canadian
Government in return nominated three judges, Lord Alverstone,
Lord Chief Justice of England, Sir Louis Jette, of Quebec, and
Mr. Justice Armour, succeeded on his death by A. B. Aylesworth, a
leader of the Ontario bar. The tribunal met in London, where the
case was thoroughly argued.

The Treaty of 1825 had provided that the southern boundary should
follow the Portland Canal to the fifty-sixth parallel of latitude
and thence the summits of the mountains parallel to the coast,
with the stipulation that if the summit of the mountains anywhere
proved to be more than ten marine leagues from the ocean, a line