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“The Commissions shall, so far as they may be able to agree, make a Joint Report to each of the two Governments, and they shall also report, either jointly or severally, to each Government on any points upon which they may be unable to agree.

“Each Government shall pay the expenses of the Commission appointed by it.

“Each Government engages to facilitate in every possible way any operations which, in pursuance of the plan to be agreed upon by the Commissions, may be conducted within its territory by the Commission of the other.

“The High Contracting Parties agree that, as soon as practicable after the Report or Reports of the Commissions shall have been received, they will proceed to consider and establish the boundary-line in question.”'

Mr. W. F. King was appointed Her Majesty's Commissioner, and the United States appointed Dr. T. C. Mendenhall, afterwards suc

ceeded by General William Ward Duffield. The period for 40 making this Report was afterwards enlarged to the 31st

December, 1895, by a Supplementary Convention signed in February 1894.

It is to be observed that the Convention of the 22nd July, 1892, has reference to an existing boundary, and that it provided for the ascertainment of the facts and data necessary to its permanent delimitation in accordance with the spirit and intent of the existing Treaties. In view of contentions which have since been put forward in the course of this controversy, that the claim of the United States receives support from effect having before this date been given to their interpretation of the Treaty of 1825 by maps published or acts done with the acquiescence of Great Britain, it is important to observe that by this Convention the rights of the two Governments concerned are by agreement referred back to the Treaties. The facts and data to be ascertained were to be so ascertained by a joint survey. Previous cartography or acts of settlement were not embraced in the work authorized by the Convention, nor did the Commissioners, who properly confined themselves to the Convention under which they were appointed, report upon such cartography or acts of settlement, if any existed.

The Commissioners presented their Joint Report on the 31st December, 1895, followed in March, 1896, by elaborate maps, a reproduction of which accompanies this Case. The topographical results of their survey are examined elsewhere.

Gold having been discovered in the Valley of the Yukon beyond the passes lying at the head of Lynn Canal, great traffic was attracted to that region in the year 1897. The circumstances of settlement of the disputed territory, and claims based thereon, arising out of this movement, are treated elsewhere. Following these events, Sir Julian Pauncefote, on the 23rd February, 1898, proposed to Mr. Sherman that the determination of the boundary should be referred to three Commissioners, one to be appointed by each Government and the third by an independent Power. He also expressed the hope that, pending such settlement, a modus vivendi could be amicably arranged. The latter proposal was acted upon, and by exchange of notes,

it was provided that a provisional boundary should be 41 established. Reference to this instrument will show that it

was therein expressly provided that it should not affect the rights of either party in reference to the permanent delimitation of the boundary.

A provisional boundary was subsequently arranged on this basis, which is still being acted upon.

In the autumn of 1898 a Joint High Commission, comprising Representatives of Great Britain and the United States, met at Quebec, and afterwards adjourned to Washington, where it sat till February, 1899. The Commission was constituted with a view to the discussion and adjustment of a number of matters then in question between the two Governments. The business which was to occupy the Commission was arranged at a series of Conferences held at Washington in May, 1898. The Protocol of these Conferences recorded that it was expedient to come to an agreement upon (among other subjects) “provisions for the delimitation and establishment of the Alaskan-Canadian boundary by legal and scientific experts, if the Commission should so decide, or otherwise."

The Protocol further provided that each Government should communicate to the other, in advance of the meeting of the Commission, a Memorandum of its views on each of the subjects to be discussed.

In accordance with the above provision, Sir Julian Pauncefote was instructed to deliver to the Secretary of State at Washington a copy of a despatch of the 19th July, 1898, addressed by the Marquis of Salisbury to the British Commissioner, setting forth the views of Her Majesty's Government. This despatch, after adverting to the existing arrangement at the head of Lynn Canal, pointed out that, as the line there adopted was more than 100 miles from the ocean, Her Majesty's Government could not reasonably be expected to continue to accord it provisional recognition for an indefinite period; and, pending a definite settlement of the question, a provisional line more in accordance with the Treaty stipulations should be adopted, which would allow the occupation by Canada of one of the ports on these inlets. The despatch referred to the special reasons for an early delimita

tion of this part of the boundary, and stated that Her Majesty's 42 Government thought it desirable that, if possible, the Joint

Commission should in any case agree on some provisional arrangement for fixing a temporary line on the various inlets and rivers traversing the strip, and also at any other point at which disputes might arise pending a final settlement of the question. It was added that the boundary-line must, in the first instance, be sought in the mountains which border the coast, and that the important condition that the line is nowhere to exceed 10 marine leagues from the coast governed throughout.

The Government of the United States, on Lord Salisbury's despatch being communicated to them, banded to Sir Julian Pauncefote a Memorandum setting forth the views held by them.

This Memorandum pointed out that the Alaskan boundary had already been the subject of conventional arrangements, and that the Report of the Joint Commission was now available, and had made it possible for the Governments to carry out the stipulation in the last clause of Article I of the Treaty of the 22nd July, 1892, to proceed to consider and establish the boundary in question. It was stated that the Government of the United States would expect the Joint High Commission to seek to execute this stipulation by an agreement as to the boundary as fixed by the Anglo-Russian Treaty of 1825 and by the American-Russian Treaty of 1867. The United States' Government, it was added, had no reason to anticipate any other than a definite and satisfactory settlement of this important question by the Joint High Commission.

The Joint High Commission embarked upon its labours under the provision of the two documents just reverted to. The discussions and negotiations which took place were understood to be confidential, and will therefore not be here adverted to. The Commission separated without any settlement being made either upon the basis of right or of convention.

The adjournment of the Commission was followed by proposals to refer the matters in dispute to arbitration, and after a long correspondence the Treaty under which this Tribunal sits was signed at Washington on the 24th January, 1903.

43

CHAPTER III.

CHARACTER OF TOPOGRAPHY.

The surveys made by the Commissioners appointed under the Convention of the 22nd July, 1892, disclose the following facts relative to the orography of the region bordering the coast:

In general character this region is wholly mountainous; though narrow borders of flat land are to be found in the valleys of the rivers and inlets, and occasionally on the ocean front. As a rule, the land rises from the water's edge in steep wooded slopes, forming the frontal foot hills of high mountain ridges, wbich are surmounted by peaks 3,000 feet or more in height. The summits of these mountains are bare, the timber line not rising to that elevation on any part of the coast in question, and not averaging more than 2,500 feet.

Further inland the mountains rise to greater heights-to 6,000 or 7,000 feet and upwards--along the southern part of the coast, while to the west of Cape Spencer the very lofty mountains of the Fairweather Range are found rising immediately from the coast. Between Portland Canal and Cape Spencer the mountain barrier is penetrated by the valleys of rivers, streams, and inlets. These valleys run back in a direction nearly perpendicular to the general direction of the coast, and are usually nearly straight for a considerable distance.

Opening into these valleys on either side are subsidiary valleys, also in general approximately straight, and running approximately perpendicular to the directions of the main valleys, and in parallelism to the coast.

The heads of these side valleys thus extending from adjacent main valleys inosculate with one another and so furnish welldefined depressions, which separate the mountain masses adjacent to the coast from those lying further back.

Thus appears a number of short ranges, or elongated mountain masses, of length considerably exceeding their breadth, and lying with their lengths parallel to the general trend of the coast which

fronts them. 44 To an observer passing along the channels which separate

the mainland from the adjacent archipelago, these mountains present the appearance of a range, parallel to the coast, which in general hides from his view the mountains behind, which are seen only where the coast mountains are cut across by the valleys above referred to.

At the northern end of Glacier Bay, the Muir Glacier discharges into the sea. The southeastern corner of this glacier also discharges into the Endicott River, which on a very direct eastern course, with very little descent, discharges into Lynn Canal.

Extending in the opposite direction, the northwest arm of Glacier Bay penetrates far inland, and separates the massive range of the Fairweather Mountains, lying north of Cape Spencer, from the mountains of the interior lying between Glacier Bay and the Chilkat River.

Continuing north-westerly from Cape Spencer, the mountains above mentioned rise almost immediately from the ocean, until Alsek River is crossed.

This range is now commonly known as the St. Elias Alps. They lie well back from the shore, leaving a considerable margin of low-lying land between them and the ocean, until Yakutat Bay, and its continuation, Disenchantment Bay, are reached. West of Yakutat Bay lie Mount St. Elias and the mountain ridges between it and the ocean, which are almost submerged in the Great Malaspina Glacier.

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