CANADA HISTORY

The Washington Treaty

The Washington Treaty of 1871, often overshadowed by other pivotal moments in Canadian history, marked a critical juncture in the development of Canada’s foreign relations and its journey toward full sovereignty. This treaty, negotiated between the United States and Britain, had significant implications for Canada, not just in the terms agreed upon, but in the experience gained and lessons learned by the country's first Prime Minister, Sir John A. Macdonald, who was a member of the High Commission responsible for crafting the treaty. Though Macdonald faced criticism for some of the concessions Canada made, the treaty ultimately laid the groundwork for Canada to assert its autonomy in international affairs, a process that would continue well into the 20th century. It also demonstrated the delicate balance between Canadian, British, and American interests at a time when Canada was still finding its place within the British Empire and North America.

Background and the Need for the Treaty

The period leading up to the Washington Treaty was one of tension and unresolved disputes between the United States and Britain, many of which directly affected Canada. The Alabama Claims—one of the key issues addressed in the treaty—stemmed from the American Civil War, during which British-built Confederate ships, particularly the CSS Alabama, had attacked Union vessels, causing significant damage. The United States sought reparations from Britain, blaming it for allowing these ships to be built and launched from British ports. While this issue primarily concerned Britain, other matters, such as the Northwestern Boundary Dispute and access to Canadian inshore fisheries, had direct implications for Canada's territorial integrity and economic future.

Following the Fenian Raids—cross-border attacks from Irish-American militants seeking to pressure Britain into granting Irish independence—the relationship between Canada and the United States had become strained. At the same time, reciprocity, the trade agreement between Canada and the U.S., had ended in 1866, and the loss of access to U.S. markets had hurt the Canadian economy. Canada sought to re-establish some form of economic arrangement, particularly concerning the fisheries, which were a vital resource for Atlantic Canadians. Tensions were rising as Canadian authorities began seizing American ships that fished in Canadian waters without paying the required fees, and the issue of fisheries access threatened to escalate into a more serious diplomatic conflict.

Recognizing the need to resolve these growing tensions, both Britain and the United States agreed to establish a High Commission to address these issues and work toward a comprehensive treaty. Importantly, for the first time, a Canadian leader—Macdonald—was included as a formal participant in the negotiations, signifying an important step in Canada's evolution from colony to self-governing nation.

The Negotiations and Canada's Position

The commission was composed of British, American, and Canadian representatives, with Earl Grey, Sir Stafford Northcote, Sir Edward Thornton, and Montague Bernard representing Britain, and Macdonald representing Canadian interests. While Macdonald’s inclusion was an important moment for Canadian diplomacy, he quickly realized that his role was more symbolic than substantive. Britain’s primary objective was to settle its own disputes with the United States, and Canadian interests often took a back seat in the negotiations.

One of the key issues for Canada was the fisheries dispute. Under the terms of the 1818 Convention, U.S. fishermen were allowed to fish in Canadian waters, but only upon paying a fee. The Canadian government had begun seizing American fishing vessels that failed to comply, leading to heightened tensions between the two nations. Macdonald and his Canadian colleagues saw an opportunity to use access to Canadian fisheries as a bargaining chip to negotiate a broader trade agreement, possibly reintroducing the reciprocity that had ended in 1866. However, the United States was in no mood to revisit reciprocity and refused to trade broader market access for fishing rights. Instead, a compromise was reached: American fishermen were granted the right to fish in Canadian waters for a period of 10 years in exchange for unfettered access to U.S. markets for Canadian fish products. An additional payment of $5.5 million to Canada, determined by a later commission, was agreed upon to compensate for the value of the fisheries.

Macdonald also sought compensation for the Fenian Raids, which had been launched from American territory into Canada between 1866 and 1871. These raids had caused significant damage and unrest in Canada, and Macdonald argued that the United States bore responsibility for allowing the raids to occur. However, the American representatives refused to discuss the issue, claiming it was not on the agenda. Britain defused the situation by offering to compensate Canada directly, a solution that highlighted the limitations of Canada’s influence in international negotiations at the time.

Another contentious issue was the Northwestern Boundary Dispute, specifically concerning the ownership of San Juan Island, a small but strategically located island between Vancouver Island and the U.S. mainland. Both Britain and the U.S. claimed the island, and it had become a point of contention between the two nations. The matter was referred to Kaiser Wilhelm I of Germany for arbitration, and in 1872, he ruled in favor of the United States, awarding them control of San Juan Island. While this decision was a blow to Canadian territorial ambitions, the treaty did include provisions allowing for the free navigation of waterways critical to both nations, including the St. Lawrence River, Lake Michigan, and the rivers of Alaska.

The Alabama Claims and the Legacy of Arbitration

Perhaps the most significant outcome of the treaty for the United States and Britain was the resolution of the Alabama Claims. The United States sought substantial reparations for the damage caused by the Confederate raiders built in British shipyards, and this issue dominated much of the negotiations. It was ultimately referred to an arbitration commission in Geneva, which awarded the U.S. $15.5 million in 1872, a significant sum at the time.

Although the Alabama Claims were primarily a British concern, the successful use of arbitration to resolve international disputes set an important precedent for Canada. The experience of participating in this process underscored for Canadian leaders the need for Canada to have greater control over its own foreign affairs. Macdonald’s frustration during the negotiations, particularly his inability to prioritize Canadian issues over British interests, would fuel his desire for greater Canadian autonomy in the coming decades.

The Aftermath and Canada’s Growing Independence

When Macdonald returned to Canada, he faced sharp criticism from the press and opposition politicians for failing to secure better terms for Canada. Many Canadians felt that their interests had been sacrificed for the sake of British-American relations, and Macdonald himself expressed frustration with the process. However, the Washington Treaty also had positive outcomes. It helped to soothe tensions between Canada and the United States, particularly over the fisheries and boundary issues, and laid the groundwork for more amicable relations between the two countries in the future.

The treaty also marked a turning point in Canada’s diplomatic history. While Macdonald was largely sidelined during the negotiations, his participation was a recognition of Canada’s growing importance within the British Empire. The experience highlighted the need for Canada to have a more independent voice in international affairs, a goal that would eventually be realized with the Statute of Westminster in 1931, which granted Canada full control over its foreign policy. The lessons learned from the Washington Treaty, particularly the importance of securing Canadian interests in future negotiations, would shape Canada’s approach to diplomacy for years to come.

Conclusion: A Step Towards Sovereignty

The Washington Treaty of 1871 was a pivotal moment in Canadian history, not only for its immediate diplomatic outcomes but for the long-term implications it had on Canada’s development as a sovereign nation. Although Macdonald and Canada did not achieve all of their objectives in the negotiations, the experience was a valuable lesson in the complexities of international diplomacy. The treaty helped to resolve several contentious issues between Canada, the United States, and Britain, preventing potential conflicts and laying the foundation for more cooperative relationships in the future.

Most importantly, the Washington Treaty underscored the need for Canada to assert greater control over its own foreign affairs, a goal that would become increasingly important as Canada matured as a nation. The experience gained by Macdonald and his government in these negotiations helped shape Canada’s path towards independence, making the Washington Treaty a key stepping stone in the country's journey from colony to nationhood.