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38

BOUNDARIES OF THE

UNITED STATES AND THE SEVERAL STATES

Midway and Johnston are under the administration of the Navy Department, as is Kingman Reef, near Palmyra Island.

American Samoa lies between lat 14° and 15° S. and long 168° and 171° W.

The joint resolution of March 4, 1925, placed Swains Island (p. 41) under the administration control of American Samoa.

WAKE, MIDWAY, AND JOHNSTON ISLANDS

Wake Island is an atoll about 2,000 miles west of Honolulu. Its position is lat 19°17' N., long 166°35' E. Although it is usually referred to as a single island, there are three islands, separated by narrow and shallow channels. The largest is Wake Island, whose area is about 2 square miles; its highest point is 21 feet above sea level. The smaller islands are Wilkes and Peale. Formal possession was taken on behalf of the United States by the Commander of the U.S.S. Bennington on January 17, 1899. (Moore, 1906, p. 555.) It was captured by the Japanese in the early part of World War II. U.S. personnel at the time consisted of a detachment of Marines and a construction crew.

Wake Island has no indigenous population. It is administered by the Department of the Air Force.

The Midway Islands, two small coral islands in lat 28°13′ N., long 177°22′ W., about 1,200 miles a little north of west from Honolulu, were discovered by Captain Brooks, an American shipmaster on an Hawaiian vessel, in 1859. Possession was taken on behalf of the United States on September 30, 1867, by Capt. William Reynolds of the U.S.S. Lackawanna, who stated that the larger island was "the first island ever added to the domain of the United States beyond our own [American] shores." 51 The larger island is 13⁄4 miles long and rises 43 feet above sea level. This island has an airfield, a cable station, and a lighthouse. The total area of the two islands is about 2 square miles. The Midway Islands have been considered part of the Hawaiian Islands, but they are not included in the State of Hawaii.

The Midway Islands are chiefly identified with the Battle of Midway, one of the decisive naval engagements of World War II.

Johnston Atoll, lat 16°45′ N., long 169°30′ W., is a grass-covered lagoon island half a mile in length; its area is 185 acres. Nearby Sand Island, 134 acres, is uninhabited. These two and several other islands compose Johnston Atoll.

U.S. 40th Cong., 1869, 3d sess., S. Rept. 194, p. 12. This report contains an extended description of the islands.

CANAL ZONE

In order to insure the construction of a ship canal across the Isthmus of Panama, the Republic of Panama granted rights to the United States "in perpetuity" for its use, occupation, and control, a strip of land 10 miles in width. This conveyance was made by a convention concluded November 18, 1903 (Malloy, 1910, v. 2, p. 1349). The area (see fig. 11) is described in Article II

as

a zone of land and land under water for the construction, maintenance, operation, sanitation, and protection of said canal of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the canal to be constructed; the said zone beginning in the Caribbean Sea three marine miles from mean low water mark and extending to and across the Isthmus of Panama into the Pacific Ocean to a distance of three marine miles from mean low water mark with the proviso that the cities of Panama and Colon and the harbors adjacent to said cities, which are included within the boundaries of the zone above described, shall not be included within this grant. The Republic of Panama further grants to the United States in perpetuity the use, occupation, and control of any other lands and waters outside of the zone above described which may be necessary and convenient for the construction, maintenance, operation, sanitation, and protection of the said canal or of any auxiliary canals or other works necessary and convenient for the construction, maintenance, operation, sanitation, and protection of the said enterprise.

The Republic of Panama further grants in like manner to the United States in perpetuity all islands within the limits of the zone above described and in addiion thereto the group of small islands in the Bay of Panama, named Perico, Naos, Culebra, and Flamenco. Article III of the convention provides: "The Republic of Panama grants to the United States all the rights, power, and authority within the zone which the

United States would possess and exercise if it were sovereign of the Territory within which said lands and waters are located to the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights, powers, or authority." The United States recognizes that titular sovereignty over the Canal Zone remains in the Government of Panama.

By Article XIV of the convention the United States agreed to pay to the Republic of Panama $10 million and to make annual payments of $250,000 beginning 9 years after the convention was ratified. By the treaty of 1955, annual payments were increased to 1,930,000 Balboas. The devaluation of the dollar in 1972 resulted in an increase in the dollar value of the payments to $2,095,401. The 1973 devaluation brought the annual payments to $2,328,200 as of February 1974 (U.S. Congress, 1973).

Possession was taken of this tract on June 15, 1904; the boundaries of the 10-mile strip have been surveyed

and have been marked at average intervals of half a mile by iron posts bearing brass caps.

Under the clause in Article II that permitted the United States to take control of "other lands and waters outside of the zone" the United States from time to time has taken possession of areas outside of the 10mile belt, which are officially designated "auxiliary areas." The largest of these is a part of Gatun Lake, with its islands and its shores, up to an altitude of 100 feet above mean sea level.

A second convention was concluded September 2, 1914, which recognized the transfer of the Gatun Lake area to the United States and by Article III receded to the Republic of Panama an area of about 61⁄2 square miles adjoining the city of Panama on the northeast. (U.S. Cong., 1923, v. 3, p. 2771-2773.)

This convention also defined the Canal Zone boundary around the city of Colon and the harbors of Colon and of Panama. The treaty of 1955 further changed the boundaries around the city of Colon by returning certain small areas to Panama and provided for the return of Paitilla Point, near the city of Panama, to Panamanian sovereignty.

By Executive order of June 5, 1924, the United States took possession of an area known as the Alhajuela Basin, which comprises 22 square miles of the upper Chagres River basin.

39

ADDITIONS TO THE TERRITORY OF THE UNITED STATES

The area of the Canal Zone, including Gatun Lake to the 100-foot contour outside the original 10-mile zone, is 647 square miles-275 square miles of water and 372 square miles of land. (Source, Canal Zone Government 1974).

In order "to remove all misunderstandings" regarding the acquisition of the Canal Zone by the United States from the Republic of Panama, which had until November 3, 1903, been under the jurisdiction of the Republic of Colombia, the United States by treaty signed April 6, 1914, ratified in 1921, and proclaimed March 30, 1922, agreed to pay Colombia $25 million (42 Stat. L. 2123).

VIRGIN ISLANDS OF THE UNITED STATES By a convention concluded August 4, 1916 (39 Stat. L. 1706), Denmark ceded to the United States all territory, dominion, and sovereignty possessed, asserted, or claimed by Denmark in the West Indies, including the islands of Saint Thomas, Saint John, and Saint Croix, together with the adjacent islands and rocks.

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40

BOUNDARIES OF THE

UNITED STATES AND THE SEVERAL STATES

The purchase price was $25 million, or nearly $300 an acre (U.S. Cong., 1917). By act of Congress, approved March 3, 1917, this cession was to become effective after the President had announced that the amount agreed upon had been paid to Denmark. The proclamation was dated March 31, 1917. (39 Stat. L. 1132; 40 Stat. L., pt. 2, p. 1649.)

In several acts of Congress the former Danish West Indies are referred to as the Virgin Islands, but when possession was taken of them March 31, 1917, the name given by proclamation was "Virgin Islands of the United States of America," to distinguish them from the Virgin Islands belonging to Great Britain. Since June 1917 the U.S. Navy Department has used the abbreviated form "Virgin Islands of the United States," and that name has been adopted by the Post Office and other departments.

St. Croix, the largest island included in this cession, is 23 miles long and 6 miles in extreme width; the highest point is 1,165 feet above sea level; the area is 81.93 square miles.

St. Thomas, 12 miles long, 1 to 3 miles wide; highest point, Crown Mountain, 1,550 feet; area, 27.12 square miles.

Before 1880 bonds were filed for about 70 islands under this act,52 but erroneous names and geographic positions were given for many of them; for some single islands several names and positions had been given. Some of the most important areas listed as guano islands are as follows:

Navassa Island, lat 18°24′ N., long 75°01' W.; of volcanic origin; about 2 miles long and 1 mile wide; rises from 100 to 250 feet above the sea. A lighthouse, which operates automatically, is at the latitude and longitude given.

Quita Sueno Bank, lat 14°27.8' N., long 81°07′ W., extends for about 20 miles north and south and has patches of dry land at intervals. It was declared by presidential proclamation of February 25, 1919, to be under the exclusive jurisdiction of the United States, and "the north or other suitable portion" was reserved for a lighthouse. The lighthouse, which works automatically, is at the latitude and longitude given.

Roncador Cay, lat 13°34.4' N., long 80°05.2′ W., rises about 12 feet above the water. It is about a quarter of a mile long and is at the north end of a series of small cays. By presidential proclamation of June 5, 1919, it was declared to be under the exclusive jurisdiction of the United States and was reserved as a site for a lighthouse. The lighthouse (position above) works automatically.

Serrana Bank, lat 14°17′ N., long 80°24′ W., comprises three low islands, the largest of which, the southwest cay, is about half a mile long and has an extreme height of about 30 feet. This cay was declared

St. John, 9 miles long, 5 miles wide; highest point, by presidential proclamation of February 25, 1919, to 1,277 feet; area, 19.2 square miles.

Besides these three, there are nearly a hundred small islands, none as great as a square mile in extent, but having a combined area of about 5 square miles, which makes the total area of the cession 133 square miles.

GUANO ISLANDS

An act of Congress approved August 18, 1856, contains the following provisions:

SECTION 5570. Whenever any citizen of the United States discovers a deposit of guano on any island, rock, or key, not within the lawful jurisdiction of any other government, and not occupied by the citizens of any other government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the President, be considered as appertaining to the United States.

SECTION 5578. Nothing in this title contained shall be construed as obliging the United States to retain possession of the islands, rocks, or keys, after the guano shall have been removed from the same.

be under the exclusive jurisdiction of the United States and was reserved for a lighthouse, which is in the position above given.

The Colombian Government, prior to 1928, disputed the claims of the United States to Serrana and Quita Sueno Banks and the Roncador Cay, but an agreement dated April 10, 1928, between the Secretary of State and the Colombian minister in Washington, maintained the status quo, the United States using the islands for maintenance of aids to navigation and Colombia having fishing rights in the adjacent waters. Sovereignty of these islands is a matter under discussion with Columbia at present (1975), and a final decision awaits action by the U.S. Senate.

52 Lists of these islands appear in a circular dated Feb. 12, 1869, in Moore (1906, v. 1, p. 556-580), in Magoon (1900, p. 14-17), and on General Land Office maps of the United States. Brief descriptions of the Pacific islands are given in Brigham (1900) and U.S. Hydrographic Office (1871, 1879, 1880, and 1916). Stewart's Handbook of the Pacific islands (Allen, 1920), besides excellent descriptions of all the principal islands, contains a bibliography. For reference to sovereignty and descriptions of other Pacific islands, see Statesman's Year Book (1929), indexed under heading "Pacific Islands"). The islands in the West Indies are described in reports of U.S Hydrographic Office (1949, 1951, and 1952).

A treaty with Honduras, ratified September 1, 1972 (23UST2630; T1AS7453), recognized Honduran sovereignty over the Swan Islands. The United States had claimed sovereignty over these islands since 1863. The approximate position of these islands is lat 17°25' N., long 83°55′ W.

Swains Island, also called Gente Hermosa and Quiros, lat 11°03′ S., long 171°05′ W., is about 4 miles in circumference and 10 to 15 feet high; its area, including a central lagoon of one-third square mile, is 113 square miles. It was discovered by Quiros in 1606 and named by him La Peregrina, but the position then given for it was so much in error as to lead an American whaling captain named Swain to assume the right of discovery upon landing there. It was examined in 1840 by the United States exploring expedition under Wilkes and renamed Swains Island. In 1856 and for many years thereafter it was occupied by an American family named Jennings, engaged in raising coconuts An official communication regarding this island from the British Government, dated January 30, 1918, stated that it was understood "that the island in question is United States territory."

A joint resolution of Congress, approved March 4, 1925 (43 Stat. L. 1357), asserted sovereignty of the United States over this island and made it a part of American Samoa. (See p. 38.)

The ownership of some of the guano islands is uncertain. Several of them have been claimed by Great Britain, without formal protest by the United States, except that in the case of Christmas Island (lat 1°57' N., long 157°28′ W.) the Secretary of State, in a letter dated April 30, 1888, said that the United States reserved all questions that might grow out of the occupation.

The United States took possession of Howland, Baker, and Jarvis Islands in the central part of the Pacific Ocean under the provisions of the Guano Act. Howland and Baker are about 2,000 miles southwest of Honolulu (lat 0°30′ N., long 176°30′ W.) and Jarvis is about 1,500 miles south of Honolulu (lat 0°24' S., long 160°00′ W.). The islands are uninhabited. In 1936 by Executive Order they were placed under the control of the Secretary of the Interior. At his request the Coast Guard has been asked to visit the islands periodically and submit reports and photographs.

Canton and Enderbury Islands are claimed by both the United States and Great Britain. They are about 1,660 nautical miles southwest of Honolulu at lat 2°46′ S. and long 171°43′ W. Canton Island is used as a landing station by trans-Pacific airlines. Enderbury is uninhabited. The population of Canton Island includes both British and United States citizens. An exchange of notes in 1939 provided for the joint administration of the islands by both governments to continue until

41

INTERESTS OF THE UNITED STATES BEYOND ITS BORDERS

1989, at which time it can be extended if both parties agree. Administration by the United States is under the Department of the Interior, which is represented by the senior Federal Aviation Agency employee at the air station.

There are some 25 islands in the Pacific over which the United States' claim to sovereignty is disputed by Great Britain or New Zealand. All except the four in the Ellice group (Funafuti, Nukufetau, Nukulailai, and Nurakita), Hull in the Phoenix group, and Fakaofu in the Union group, appear on the lists of guano islands. (For further discussion on guano islands, see Hackworth, 1940, p. 502.)

INTERESTS OF THE UNITED STATES BEYOND ITS BORDERS

ANTARCTICA

Interest of the United States in the Antarctic was stimulated in the early 19th century by Yankee sealers, who, about 1820, sighted and went ashore on a land they believed to be a continent. The existence of this continent was first proved during the years 1839-40 by an official Navy expedition under Lt. Charles Wilkes, USN (fig. 12).

In the last decade of the 19th century, purely maritime exploration was supplemented by expeditions that landed on the continent and sought to push inland. This phase of Antarctic activity reached its climax when Captain Amundsen of Norway reached the South Pole December 14, 1911, followed by Captain Scott of England a few weeks later.

Exploration by the United States in the south polar regions was revived by the Byrd expeditions in 192830 and 1933-35. From his base at Little America on the Ross Ice Shelf, Admiral Byrd made the first flight over the South Pole November 29, 1929, and large areas previously unknown were explored by aerial and ground reconnaissance (Byrd, 1930).

In 1935, another American, Lincoln Ellsworth, first crossed the continent by air.

Although the first two Byrd expeditions were primarily privately financed, some governmental assistance was received in the loan of equipment and personnel. In 1939 the Government created the U.S. Antarctic Service, supported by a congressional appropriation of $340,000, approved June 30, 1939 (53

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FIGURE 12.-Antarctica and its relation to Africa, South America, and Australia.

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