IMAGE EVALUATION TEST TARGET (MT-3) ^ A /- m. 1.0 I.I l«5 |28 |25 12.2 ^ m 12.0 1.8 1-25 ill 1.4 IIIIII.6 V] ^ //, ^A o /J / W Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. MS80 (716) 872-4503 ' ^ ^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D D D D Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagie Covers restored and/or laminated/ Couverture restaurte et/ou peiiiculAe Cover title missing/ Le titre de couverture manque Coloured maps/ Cartes gAographiques en couleur Coloured ink (i.e. cthei than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ D Planches et/ou illustrations en couleur Bound with other material/ ReliA avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serrie peut causer da I'ombre ou de la distortion le long de la marge intArieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouties lors d'une restauration apparaissent dans le texte, mais, lorsque cala Atait possible, ces pages n'ont pas At6 filmies. Additional comments:/ J Commentaires suppl^mentaires; L'Institut a microf ilm6 le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details do cet exemplaire qui sont peut-Atre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la methods normale de fiimage sont indiqu6s ci-dessous. Th( to I I Coloured pages/ D D Pages de couleur Pages damaged/ Pages endommagies Pages restored and/oi Pages restaur^es et/ou peilicul6es Pages discoloured, stained or foxet Pages d6color6es, tachetdes ou piqu^es Pages detached/ Pages ddtachdes Showthroughy Transparence Quality of prir Quality indgale de I'impression Includes supplementary matarii Comprend du materiel supplimentaire I I Pages damaged/ I I Pages restored and/or laminated/ {~T1 Pages discoloured, stained or foxed/ I I Pages detached/ I I Showthrough/ I I Quality of print varies/ I I Includes supplementary material/ Th( pot of filn Ori be( th« sio oth fin sio or i Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been rofilmed to ensure the best possible image/ Les pages totaiement ou partieilement obscurcies par un feuillet d'arrata, une pelure. etc., ont 6t6 film^es A nouveau de fapon A obtenir la meilleure Image possible. Th< sha TIW wh l\^a diff ent beg rigi' req mat This item is filmed at the reduction ratio checked below/ Ce document est filmi au taux de reduction indiqu6 ci-dessous. 10X 14X 18X 22X 12X 16X 20X 26X 30X >/ 24X 2BX 32X The copy filmed hare hat baan raproducad thanks to tha ganarosity of: Library Division Provincial Archives of British Columbia Tha imagas appearing hare are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page witi a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — ^> (meaning "CON- TINUED"), or tha symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different : eduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand coi-ner. left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: L'exemplaira film* fut reproduit grAce k la ginArosi** da: Library Division Provincial Archives of British Columbia Las images suivantes ont At* raproduites avac la plus grand soin, compta tenu de la condition at da la nattetA da l'exemplaira film6, at en conformity avac las conditions du contrat da filmage. Les exemplairas originaux dont la couverture en papier est imprimAe sont filmAs en commengant par la premier plat at an terminant soit par la derniAre page qui comporte une empreinte d'impression ou d'illustration, soit par la second plat, salon le cas. Tous las autres exemplairas originaux sont filmis an commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration at en terminant par la darnidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre film^s A des taux de reduction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film* A partir da Tangle sup6rieur gauche, de gauche d droite, at de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 I i»i'.Piwm(iini;n.uii!!?^q I COPY OF A REPORT OF ▲ COMMITTEE OF THE HONOURABLE THB > EXECUTIVE COUNCIL OF BRITISH COLUMBIA ON THE QUESTION OP THE BOUNDARY BETWEEN CANADA AND ALASKA. ALASKA BOUNDARY QUESTION. There arc two points submitted for consideration; — 1st — Whotlirr it is dosiralile that steps sliould ho taken to have the Boundary defined lietween Canada and the United States Possessions in Alaska. L'nd — A Requisition for Information in tlie possession of the Crovemment of British Columbia on the subject, or that can be obtained. As to tlie tiret — For many reasons, apart from the national object of avoiding grounds of dispute between Canada and tht; United States, it is desirable, as affecting British Columbia particularly and the Dominion incidentally, tliat the boundary line referred to should be settled as soon as possible. Alaska was j)urcha.sed from Russia by the United States, on the 13th March, 1867, for •^7,liOO,000. At tliat time its present importanct; was not exactly understood or appreciated. Its lately di.scover'^d sources of wealth in the seal fur trade, deep sea and river fisheries, gold and otlier mining, and great extent of internal navigation l)y means of the large rivers Yucon and Porcupine, liave added greatly to its importance, and are tending to increase, in a propor- tionate degree, tiie value and importance of the adjoining territory, belonging to British Columbia and the Donjinion. Tlu! Stikine River, running into British Columbia, communicating with Dease Lake and River, and ultimately with the Peace and Mackenzie itivers and the surrounding North-West Territory, has its outlet in American Territory. Tlie navigation of the Stikine, for purposes of conuiierce, was reserved to both countries by the Treaty of Washington, 1871. In 1S7;!, gold was discovered in the Cassiar District, about the upper waters of the Stikine, |)ea.se Lake and llivei-, and the other streams in that vicinity. In 1874, trade rapidly developed itself. A luitiiiii/ jfopulation Howed in and supplies of valuable goods and merchan- dise were rexpense and delay would be entirely avoided if, within the liritish line, a Port of Knliy was established, to which sea-going vessels from either British or foreign ports, with cargoes, could go direct, without lireaking bulk, coming in no way within the purview of the coasting trade objections. Within what is here claimed as un- doubted Ibitish territory, about 30 miles from the mouth of tho river, facilities for establishing such u port exist, 127462 ■IBH 4 Alaska Boundary Question. Captain Irving, the present manager of the Canadian Pncitic Steamboat and Navigation Co., an cxiieritMiced ami ilile navigator on '(liis coast, wiio navigated tiie Stiltine for two years wlien liusiness coninienci il in tliat district in lf>73-74, states that tlie deptli of water from the mo\'.t.h of tiu! river to liueli's, iiO miles up, is from (! to >< feet at low water, easily navigalilo for ."teamers drawing less than six feet, thus allbrding on the river an availulile Hritisii port, to whieli goods from Victoria and the other ports of Britisli Columhia could ho forwurded without t.'!iiisshii)nient, and under the Treaty with free navigation for purposes of commerce, avjiding all question of expense, delay, or irritation with the American authorities at Fort Wrangel, C-aptain Irving was himself subjected to the nmst arbitrary and inexcusable inij)osi- tion by the Custom House olHcers at Fort Wrangel, resulting in the illegal seizure of his steamer and the loss of several thou.sand dollars, for which ho had ultimately to seek redress in the Courts of the United States. At this place called lUicks, 30 miles up the river, in 1876, a French (.'anadion, named Choquette, carried on a very large trade with the Indians of the neighbourhood, who, trom old associations with the Hudson's Bay Company, preferred dealing in ISritish goods. The extent of Choquette's business may be e.stimatid from the fact that from one firm alone in Victoria his ])ur.'ha.se8 amounted to S"Jr),000 annually, and his sales several times in oiu' day alone to a single Indian would amount to !?1,200 in blankets, l)y way of barter, a blanket, from the old Hudson's Bay Company's custoi.i, being a unit of value. Jt was the policy of the American authorities to divert this tnido to the American markets, and, in October, 187t>, Choquette was servtKl with an oflicial notification from the Custom iiouse authorities in Alaska, to remove from his place of l)usiness or pay American duties on his stock, giving him until the spring of 1877 to ot)ey. To see more immediately the application of this circumstance, it is to lie mentioiied that in 187r>, to avoid dithculties likely to arise from this undefined boundary, it had been agree'' between the Custom House authorities of th(^ United States at Alaska and the Pominiofi authorities of British Columbia, but without any direction or sanction from the Dominion Government, to establish, pending or until a linal settlement, a conventional line, crossing the river about two miles below " Buck's," which up to that time had been recognized as admittedly within British territory; and in the vicinity, not far from Buck's, Mr. Hamley, the Collector of Customs for British Columbia, had stationed a revenue ollicer, Mr. Hunter, to collect the Dominion duties. Finding, after a short time, that in so extremely isolated a position, it would not Ix- safe for a revenue ofHcer with moneys collected to remain, or reasonably cfincluding so from the reputation of the Indians and the dangerous characters resorting to the mines, Mr. llandey deemed it prudent to remove his otHcer to (Jlenora, the head of boat navigation on the river, where a vigorous settlement had sprung up, and where the duties collected in the seasons of 1875 and 1876, extending from June to September, amounted to nearly 810,000. In making this removal, Mr. Handey did it for the protection of the jmblic funds and the safety of the pul)lic oflloer. It is presumed, however, that the local American authorities re- garded it, or assumed to regard it, as an admission or abandonment, and inmiediately claimed the boundary line to lie ."lO or 10 miles fui'ther up the riv(M', oi' about (iO from its mouth, and accordingly served Choquette with i\w notification above-mentioned. It is piTijx-r lierc^ to observe that Choquette's case w.is, by letter dated the Idth Octolier, 1 876, communicated by Mr. Justice (!ray, tin; Judge of the Supreme Court who had been holding the A>sizes at Cassiai', to the Dominion (ioNcrnnient, and an arrangement was made between Can.'ida and the I'nited Stat;.^, by which the threatened action of the American author- ities at Alaska was stayed. Thus we have the fact not only that there is a good trade on the Stikiiii\ liut that there are facilities for presei-viiig and extending that trade within the power of the Dominion (lovei'nment, while there is danger of losing it by delay in effecting a settlement of the dispute as to tli(^ boundary. Other important considerations are ab.o involved, which may have to form the subject of negotiation, rather than the denmnd of right. Under the Treaty of Washington, in 1871, it was questioned whether the I'ight of naviga- tion of the Stikiae had not lieeu narrowed. By the Convention of 1.S2">, b(!tween Russia and Great Hrilain, in force at the time of tin? transfer to the I'nited States, there was no express limitation as to the purpo.se for which the navig.ation was to be used. By the 'I'i'eaty of Washington, madt? since the transfer, it was expressly limited to com- merce. This raised the (|uestion as to the right of the Ilominion (lovernment to transport criminals arrested or convicted through that part of the Stikinc undoubtedly within American Alaska Bouvdary Queitiov. 5 territory. Atxl, nfter much correspondence and negotiation with Ilor Majesty's Government and the United Stntcs, it was finiilly conceded the ])finiinion (ioverninent liad no siidi ri"ht. Practically, the uhsence of such ri;,'ht abolishes nil but the deatli penalty ia that north-eastern nortioii of Dritish Ooluinbia. Tiie state of the country roken wilderness is prai^tically nlnK)st an impossiliility, 'I'his leaves that district in a must unsatisfactory and anomalous position as to tlio admin- istration of justice. In another respect also, in view of any ulterit.r extension of the Canadian Pacific Railway, or its branches, to an ocean terminus a1 Port Himpson, the settlenu^nt of this l)oundary line is import.iiit, both in a s(rate','ical point of view, as atl'ecting the sea approadies to the port, and in an economical point of view, as all'ecting the collection of revenue. Thest? objections will more clearly a]>pe»r when the second or topographical brancli of tlie case submitted is under discussion. By delay, erron(!Ous impressions also, as to the true terms of the Treaty, become engrained in the pul)!ic mind, which increase the ditliculty of obtaining a settlement. Already large numbeis of the residents of Alaska, though only temporary, entirely ignore one of the most marked elements governing the line, and convert a negative direction into an alKrmative riyht. For instance, when the line is directed to bo along the summit of the coast range of mountains, Imt in no cuKe Id cvrcfil JO marine lenynes from the coast, the, expression is converted into an atlirmative direction tlxtt it is to be everi/v/im-e 10 leagues from the coast, though t\u' summits of the coast range might not be more than 10 or IT) niiles. This idea, by degrees, is taken to be the Treaty, and has to be removed with nnicli labour before tlu; public sanction would be given to any otlier line. How unjust this would be to British Columl)ia will be shown hereafter. The.se aiid many other reasons are conclusive that it is essential for the welfare of British Columbia that the true boundary line, or some clear line of demarcation, should be at once agreed upon or settled between the two countries, Taking Uj, the second branch of the case, as to where the boundary line should be, it may be at once assumed, as an axiom, that uide.ss l>y sanction of tlie contracting parties or their representatives it must be in accordance with the line laid down in the Convention between Great Britain and Ru.ssia in 182"). There has been no agreement between Great Britain and tlie United States relative thereto, and the latter succeeded only to what Russia had. We have then tirst to see the terms and language used by the contracting parties in 1825. 2. The initial or starting point then agreed upon. .'{. The course from that point directed to bo followed. 4. The etlect of following that course as to compliance or non-compliance with the topo- grai)hical features of th(> country pointed out in the Treaty as objects for guidance. ,5. Whether the lim* claimed by British Columbia does not in every respect coincide with the terms and language used by the conUaoting parties'? 6. Whether the lin(^ claimed or alleged to be claimed by tlie United States authorities is not in every essential particular a departure from such terms and language] The tirst point to be determined is — What were the exact terms and language used by the Convention between Great Britain and Russia in 182,'). In McCuUoch's Commercial dictionary (edited by Henry Vethake, L. L. I)., Professor of the University of Pennsylvania, published at Philadelphia in 18,'52) will be found the full text of the Convention, signed by Stratford Canning, Nesselrode, De Poleticas. The line is there thus described: — ".■?. The line oi demarcation bet\\een the Possessions of the High Contracting Parties "upon tlio coast of the continent diiil tlic islands of America to the north-west shall be drawn "in the manner following:— "Commencing from the southernmost point of the Island called Prince of Wales Island, "which point lies in the j)arall«>l of .')4 degrees 40 minutes North Latitude, and between the "l.*?! stand l.'l.'ird degrees of West Longitude (Meridian of Greenwich), the said line shall "nscPiid to the Xnrtlt aloiii/ /In- rliy Wm. Beach Lowrence, published at Boston in ISr),') — does not include these latter words as part of the original instrument, but inserts them in iiis text and adds the words "Kant ward In the Great Inlet in the Continent called Portland Channel," which Hertslet does not use. In giving his details of this Convention or Treaty as he calls it, at page 224, after stating that it was signed at St. Petersburg, February 28th, 1825, and established "a permanent "Boundary between the territories respectively claimed by tin in (".'/., (iniit Hritain and " Russia) on the Continent and Islands of North Western America," Wheaton says "By the " 3rd and 4th Articles it was agreed that the line of demarcation between the Possessions of "the high contracting parties upon the Coast of the Continent and the Islands of America to " the North West should be drawn from the southernmost point of Prince of Wales Island in " Latitude 5V 40' Eastward to the i/reat Inhl in the Continent called Portland Channel, and "along the middle of that Inlet to f)6' of Latitude, wlience it should follow the summit of the " mountains bordering the Coast within ten leagues North Westward to Mount St. Elias, and " thence North in the course of the 14l8t meridian West from (ireenwich to the Frozen Ocean, " which line shall form the limit between the Russian and the'British Possessions in the Con- " tinent of America to the North- West." In this sumraar;; given by Wheaton there is a striking difference from Ljth McCuUoch and Hertslet. He not only leavc-s out the Longitude, but he interpolates the word Eastward. At page 227, referring to this subject, he lays down a rule which will materially aid in determining which of the three is right — viz., that "in the construction of an Instrument of " whatever kind, it should be so construed, if possible, as that everi/ part may stand." Suffice it for the present to say, that under this rule, in the application of his delineation tr the geographical and topographical features of the country, it fails in almost every particular. Yet the features of the country must have been known to the parties who framed the Convention, or the language given by McCulloch as descriptive of it could not have been used. Not the slightest inference is to be Jrawn, or any reflection upon the motives of the writers thus differing. At that time the dispute was between Great Britain and Ru.ssia. It was not until forty years after that '.le United States became interested in the question. The.se very differ'-nces, however, enable us to come to an accuracy of conclusion. In this same Convention, there is another element of description which, though not included in the above extract from McCulloch, will have to be referred to, and may to some extent account for the mixed summary of Wheaton. It is as to the distance of the line from the coast, and is here quoted : — " Article 4. With reference to the line of demarcation laid down in the preceding Article, "it is understood: — "1. That the Island called Prince of Wales Island shall belong wholly to Russia. " 2. That where ever the summit of the mountains which extend in a direction parallel to "the Coast from the 56th degree of North Latitude to the point of intersection of the 141st " degree of West Longitude shall prove to be at the distance of more than 10 marine leagues "from the Ocean, the limit between the British possessions and the line of Coast vhich t's to " belong to Russia as above-mentioned shall be formed by a. line parallel to the icindinys of the " Coast, and which shall never exceed the distance of 10 marine leagues therefrom." The original of this Convention must be found either in the archives at London or St. Petersburg, and may yet have to be referred to. In the new edition of McCulloch, printed at London in 1859, it is not set out in full, but is declared to be in force by the Treaty of Com- merce and Navigation between Great Britain and Russia, signed at St. Petersburg, January 12th, 1859; the 19th section of which says: "In regard to Commerce and Navigation in the " Russian possessions on the North- West CoasL of America, the Convention concluded at St. " Petersburg on the 16th of February, 1825, shall continue in force." It is a singular circumstance that in ail the negotiations and correspondence with the United States and the directions by the Dominion Government to its own oflScers it has been assumed throughout that the original Treaty or Convention between Great Britain and Russia did contain those words "called the Portland Channel," as appears by the Return made to the Dominion House of Commons on the 23rd of April, 1878, to an Address dated 21st February, 1878, for information on the subject of the boundary line, as connected with the subject of the AlAIKA BotTXDART QtJBITlOW. r K I Mtapo of on*< — Mnrtin ; T'nifpfl States Oimtoiiis iiotifuation to Choquptte : aiul the eftntemplated issuing of a ("oiniiiission jointly witli tin- l'iiite). Tlif (idvi'miHcnt of liriti'^li C'uluniitia coiitcrKU tliat tiiin in t'tilirt'tji nii t>rronfoiiii agmnnp- liDii withinit imtlifU'ity to sustain it; and tliat from all the information that (Jovci'miUMit can olitain it has i-cawm to lidicvc that /fmsr irnriU nill )ii rrmlnii, puMished at Phihidelphia in IS') .', already ([uoted. They are not //* ///<• rrrHinn of the Treaty in "Steel's Shipmasters Assistant." A new edition iiiililished ami ('(.ri'ectcd lo (he Is! of 'Miirch. /S-!/' (jusi l\vel\c years after the Treaty), liy J. Slikeman, Secretary lo the luisl India and t'hiiia Association, containing "Information for Persons connected with Mi'rcanlile Alliiirs, Commercial Treaties, itc," and printed by Longman \- Co., Paternosier iJow, London. They are in ^Vhealon, puhlished at Itoston in IHAS, and in the version in Ilertslel's Col- lection of (,'omniercial Treaties, ptihlished a( London in 1S.")G. Tin- (io\-erntiieht of llritish Coluniliia further contends tliat those words are entirely inconsistent with the description, terms, and conditions laid down in the Treaty itself as guides for delining the l)()inidary. And further, that ewn if such words are found in the transfer of the Alaska Territory from Kussia to the T'nited States, Creat Uritain was no party to that tran.sfer, und can not he all'ected or deprived fif her territorial rights therein". Having exhausted the information that can he olitained in Pritish Columhia relative to the terms and language of the Convention, it liccomes our duty to .see whic'h description, that of McCulloch, Hertslet, or AVhcaton's, ta'Hes most correctly with the geographical and topo- gra]ihical features of the country, and thereliy, under Wheaton's ruli- of construction, carries witli it iiiteniiil ffitlfiice of it.s lieing the language of the Convention used by the contracting parties. An undoubted test of the accuracy of a description relative to land, is its accord with the territorial features found on the land, and the facility and certainty with which landmarks may be found, recognized, and irlentitied. It may with ((|ual correctness be stated that positive territorial landmarks capable of identification, clearly detined, and existing within the limits and on the spot delineated, cannot bo overridden by the use of words of nomenclature inconsistent with such description and their existence — words which may have been and perhaps were inadvertently used, or accidentally misplaced; nor can such ideiitiiication be sujierseded by the intcrj)olation of terms, without which the description rcciuiring such terms would be so inaccurate as to be utterly inap]>licable and inadmissible. Remembering these rules of con.struction, we turn to the language of the Convention and the features of the country, as the latter are delineated on the Admiralty charts and other maps herewith enclosed. The initial or starting point is declared to be from the soiithornmost point of the. Island called Prince of Wahn; which point lifs in bV 40' .V., and bet ween 1.31° and 133° West Longitude. We find that point at Cape de Chacon. Thence to nucnfl nt rtherly along the channel until it strikes the continent at f'>Ci° N. Following that instruction wo turn northerly from that point, a.scend the channel, and strike the continent at .'")G'' on the N. W. point of Purrough's Pay. Thence the sunnnit of the mountains parallel to the coast, at or within ten marine leagues from th(^ coast, as far as the intersection with 111" W. L. In like manner, following that course from Purrough's Pay, we find the .summit of the coast range within the distance specified, and at 19 or '20 miles above the mouth of the Stikine. Insert the words " Portland f^hannel " as found in Hertslet, and from the starting point instead of north"rly you ha\e to go east, fully Ifi.GG marine leagues or .'50 nautical miles, before you turn north. Again, you cannot ascend the Portland Channel until you strike the continent at 56°, because the channel terminates before you reach ."iG°. Thirdly, you could not from the head of Portland Channel — assuming these Admiralty surveys are correct - strike the summits of mountains parallel to the co.nst, because there are several intervening ranges, and the line would necessarily run far more than ten marine leagues from the coast — in fact over twenty. Then with Wheaton's definition you have to insert not only " Portland Channel," but his word "Eastward," which is not found in either text of the Treaty; and to assume that the AUiKA B0t?!CT)M«T QOMTIO*. ■i-if M •ummit of tho range of moxintains that would be found, where a line ninnlnft north up the Portland Channel would strike the continent iil TW! wi iild lie within ten leo^ueH of the conHt, whereuH it in tthown \>y at-tual niensurenient on tin- chart that it must necessarily he nioro than twenty marine leaf,'Ues oil. 'I'he only iwissilijc solution that can lie found foi thi> contention on l>ehalf of " Portland Channel " is, that in the entrance of this channel is an island called "Wales Island," the southernmost jioint of which is in T) I ' 40' N. L., uiul fi'om which point a northerly eourHe would ascend Portland Channel, hut which island is not only 110/ in the hnitjitiiilf upcrijieil, hut, u.s already stated, is UO nautical miles to the east of that initial point. Moreover, it may he ohserved, that J'orlland Channel, from its entrance to its head, is so entirely within the mtitineut that hy ascending it you could hardly he said to strike the continent. VVhereas the northerly coui-sc; from the starting ]ioint to Ihirrough's Jlny, actually paiinft anion;/ i»!aiii/n, and does not strike thr ronliiiin/ imlil i/mi vorh .'"lO'. Thus, with reference to Met'ulloch's version of the Treaty, you reconcile every word and term with the geogranhical and tojiogra|)hical features of the country directed to he your guide; while to adopt the version of Hertslet or Wheaton, you have to if/iiort' all — nay, even to reconcile themselves to themselves, you have to interpolate words which are nowliero to ho found, and which, while Hiiitinij one port, nrf nt/er/i/ inronslntitit irith 1 •I'ri/ other jiart. As contirmatory of the construction in favour of McCulloch's version, the first suh-division of the 4th Article of the Convention may also he cited. It there declares that the island called Prince of Wales Island, shall Ijolong wholly to Uussia; a declaration unnecessary if the lino was to go up the Portland Channel. A most striking illustration of the truth of these views is found in the position of the coast range of mountains where it cros.ses the Stikine, That raiigi^ rises not far from tho tide waters, and the summit of that range is within '20 miles of the sea. Tliis is proved hy tho fact that in following up the valley of the Stikini', the axis of the range is passed at about 19J miles from the coast. Up to about this point the Stikine mak s a somewhat easterly course from the sea. Thence rounding the range in (luestion, it kes a more northerly course, receiving four or five glaciers, which flow in an easterly direction from the summit of the range into the valley of the Stikine. Therefore there can be no ditliculty in ascertaining the line contemplated by the Convention. From the head of Portland Channel to reach a distance of even ten marine leagues from the coast to find tiie coast range, would render necessary the crossing of at least two inter- vening mountain ranges, a circumstance wholly irreconcilable with the Treaty, tin; head of that channel being where a protraction of it would ttrike tho 50' parallel, over 20 marine leagues from the coast. The survey of Mr. Hunter, C. E., appointed by the Dominion Government to examine and report, will he found at page 14G of the Sessional Pajiers 125 above referred to, and con- clusively establishes the coa.st line range of niountoins at the crossing of the Stikine to be about 20 miles from the sea, and within 10 marine leagues; and the liussian maps, tracings from which are enclosed herewith, sliow, with e(|ual certainty, that both above and below the Stikine the coast range runs approximately at the same distance down to the r)6lh parallel, where the line ascending northerly from the southernmost jioint of Prince of Wales Island, Cape do Chacon would strike the continent — an impossibility if the Portland Channel be assumed to be the line. On this latter point also, as to the position of the coast range below tho Stikine down to Cape Camano, Mr. McKay, an old Factor of the Hudson's Bay Company, aflbrds the most direct personal observation, having on lhre(> several occasions coasted the whole distance in canoes, and confirms, in the strongest manner, the jmsition of the coast range as above stated, and the correctness of the delineation on the Kussiun maps, and the language of the Treaty in that particular. His evidence is in such detail, and is so thoroughly reliable, from his standing and ex- perience in the country, extending over 40 years, that it is given in full. " The section of country which lies betwi'cn the mouth of the Stikine and Cape Camano " is very rugged, consisting of short ranges of mountains vhivlt JuJlov the yenenil trend of the " coa»t, and which are intersected by lunuerous deeji preci[iitous gorges. " These gorges arc the outlets of series of more elevated and wider valleys following the " c/enerri I (Ureetion 0/ the coast ranges and dividinff thesfijrom the more compact ranges of the " interior. " The coast ranges rise aljruptly from the sea. "The distances of their sninmils from tho sea-shore, maybe stated at from fifteen to tiventy " miles. Their general elevation above the level of the nca, at from two thousand to four " thousand feet. Alaska Boundary Qokstion. D " Tho intfTHcctiiif^ >{or>((!s nro short. The divirlin;; viillcys fxtond in roiiic instaiu'os for "many miles, cDiitnitiiiiK miiiirrmis Inkfs, (li^,ciiiiri,'iii),' rivers of foiisidcralilc inii^riiitud)'. As " (lividiiiif llii' t'tuiiil r'n /'rinii iIiohi' h/ IIh^ in/rrlur they form iiii iiii|i ilinfrilieil.' As furthiT Htri'ii;{tlii'iiiiij^ tills jiDsitioii, liotli ut tlif tiiiu' of tiif 'I'rciity mid l»'fon', thero aro a sot of ancient Frendi Miaps, tlie iirojHTty of ft f{entl«Mniin in Victoria, in which tho dividing lino lietween the Ihitish mid Kussiun jiossessions in the vicinity of I'rince of Wftles Island, is dourly defined and shown hy ii I'oloiii'ed delinea*ioii, jilnriin/ llir irlmlif of J'orl'nul Chmmel, aud all of I In; {.i/hihIm (including,' the hi!'j,'e i^'ii"' of Revclhi (Ji^'ido) up to the channel leadiuf/ northerlij j'roui lln' ( 'n/n' di- Clnirnii, the miiilliern,' " ■' point of Princt? of \ValeK island, in latitude 54° 40', and lonj,'itude \\V1' w»'st, ii-ii/iin tin' /Iri.'i'i /xinsi'sniimi'. This nuip was |)ul>lished ut Paris in 18l.">, Jusi, iifter the llcstoration, and dedioaU'd to Monsieur tlie C'onite D'Artois. Under tlio ho: ' of ohservntions, i rintod thereon, is tlio following: — " Indicalian deH-Mutrr'u i.r. ^ " Americjuo Ilussio (oxtroniito du Nord Ouost). les e,,l. s du iJotroit do Phoring, colle du Nord du Grand Ocean, y' coni])ris les lies Aleutieimes. !•' firfn'/iir 'Up d'Alain idlnut vera I'Est Jusfi'uu 14")° de;,'re' du l^nif^itudi (Jeeidentnl xnut tin.itYwui' cai'te en 4 fenilles du Nord du Grand Ocean, jiuliHi'' nl St. J'ilfi-i<, that as a general rule the sea coast Indians do not go into the interior. Tho Taltan Indians, u lino river trihe-- honest and industrious and ]iiidiiig themselves on their good name, -claim the lordship of tho river, ami refuse to permit the Naas or sea coast Indians to come into the interior. Of course an Indian's permit di "nds upon his power to enforce what ho forhids, and there must have heen occasions when tlie sea-coast Indians penetrated into the interior, liut it can well he understood that this known hostili;y "f the inner and outer Indians would induce the Russians to helievo the narrow lielt idong the const sulHcient for their purpose. Thus we have the languag(^ of the 'J'reaty, as ?dr, McCulloeh gives it, coinciding not only with th)t', |Ji'.-:!:'.'>!t', Ae.. of the l-!\|'( ilitifni of Kniseiiteni. Tho \Vust Coast, New Norfolk, New Cornwall, New Hanover, New (Jeovgia, Now Alhioa, aiul New California. All thoao Coasts are drawn from maps of the Voyii;je of Vancouver. 127462 10 Alaska Boundary Questiox. I'l. I Apart from all future consideration, it is to bo olisrrvcd that between the two lines contended for — that is a line running from the head of Portland Cliannel and a lino from Capo de Chucon northerly to the point of contact on Lynn Canal, where both must converge to strike the 141st ]iarallel- there arc upwards of 5,000,000 acres of land, not of a frozen waste, but of land abounding in excellent harliours, extensive tisheries, almndant tind)er and valuable mines; and though not capai)le of any great agi-icultural developement, yet capable of protlucing good pasturage and fair vegctal)n crops. The CJovernment of British Columbia would observe that at the time of transfer by Russia to til United States, in 1S07, this land was within the territorial limits, and a part of British Colu,iil)ia. and when British (.V)lumbia went into the Confederation in July, 1H71, was taken with it as a part of that Province. The (juestion of the correct Boundary Line had never l»een raised up to that time; nor had it Ijeen examined into. They regret, however, that notwithstanding the fact thai this dirterence of construction of the Treaty or Convention of 182") was brought to the notice of the Dominion (Jovernment as far back as 1877, yet that the map of tin; Dominion published in 1880, under and by authority of the L>ominion Government, contains this erroneous Boundary delineated thereon, giving it in reality the strongest .sanction it liatl yet rcci'ived from uiiy British authority. The (iovernment of British Columbia deems it neces.sary to call the marked attention of the Dominion Covernment to this circumstance, as they would find it ditKcult to defend to the people of British Columbia the alienation of so large and valuable a j>ortion of the Province without great consideration and e(|uivali'nt compensation. It is not incumbent on the (Iovernment of ilritish Columbia to explain how it is that, as before observed, in the negotiations and directions to its own otliccrs, it has been assu)ned by the Dominion Govennnent that the term " Portland Channel" was an integral part of the Convention. An examination of the majis, of the Treaties, and of the features of the country, show no suiUcient authority; but it ought not to escape remark, that the public documents laid before the Dominion Parliament are calculated to mislead. By reference to the Sessional Papers No. iL'."), \o\. XL, No. '_', 1878, before cited on this subject, it appears at page 3:3, that in compliani r w itii a rcference to Vancouver's own work, published by Stockdale, in London, in 1801, ////s extrart is found to be not one continued narrative, but a siurension of fifJirlPil jiiiriKjraiiliii froi>) ijilfrroiiii;/ jmnniii/is; and between ihnitli and 8th pai'agraphs, — the former endiii;/ "miles in circuit. tli(^ hitler toiiiiin )iritii/ "our rn/tri"! - -I/hti' is an eiilli'f iifiairiii'i of ui'n rhi ffl n />ii (fuiitesies he t<:ok that opjKH'tnnity of acknowledging; a.nd his imhiti/jiinit rtmrsi' ou to i]\v entrance of the C'hannel, which he had before examined as part of the continent, and which hi' then, foi- the first tinu', called "Portland Channel, " in honour of the Bcntinck family. Considering that Captain Cameron's objeet was tn get information that would guide him in determining what was the Boundary under the Kus.^ian Convention of 18l'.">, "between the " pos.sessions ujion tin' coast and the islands of Anieric.i to the north-west, " the omission of ary reference to that navigation of Vancouvei', whicJi showed that a northerly course up the Channel fi'om Cap" de Chacon to IJurrough's Bay would pass und form a line between the islands and strike the continent at 5(5° was, if accidental, certainly unfortunate. He had navigated from that part of the continent which formed the entrance to what he subse(|U"ntly called Portland Channel; had gone nr)rtherly, reached and named Burroughs Bay; had fixed its tern. ination on till' continent at ^tl 1.','; had thence descended, southeily, the Channel, round the Island of K^\ ilia Gigido, until he came down between Cape de Chacon and Alaska Bouxdary Questiov. u Oape Nortliuiuljerland — proving conclusivoly that the intervening lands between his point of departure and Cape de Chacon were Islands, and that the features of tlie country were such as to coincide exactly with the terms sul)se(|U('iitly used in the llussiim Convention of 1(^25, and leaving no doubt that those terms wcrt; taken from and formed upon his narrative. The whole of this narrative is found in Chap. Tt, July and August, 179-"?, the same chapter from wliich the extract is taken, and in which Vancouver shews the head of Portland Cliannel terminates, "in low marshy ground, in latitude 5")° ■[')'," and satisfies himself that it was within the continent, as it undoubtedly is. But beyond even this Chap, a, and as if to remove any possil)le inference; from the fact that tlie small island in the entrance of Portland Channel, called Wales Island, could have been meant by the expression "Prince of Wales Lsland," used in the Convention, we find that in the early i)art of the next Chiii)ter 0, a continuation of this same narrative of September, 1793, A'"ancouver assigns his reason for that name. Iff says; " The west point of Observatory "Inlet,! distinguislu'd liy calling it Point Wales, after my esteemed friend Mr. Wales, of " Christ's Hospital ;" and in the subs('(|uent Chap. 7, September, 17'J."i, of the same narrative, after naming the diH'crent straits and sounds after memliei's of the Royal Family, he .says, speaking of the Duke of Clarence Strait, which divides the Prince of Wales Island from llevilla Gigido Island and the islands to the northward as far as Port Protection, and thence southerly and westerly to Cape Decision, iie .says, it is Iwunded on the eastern side by the Duke of York's Islands, part of the continent about Cape Camaiios and the Isles de Gravina. " Its western " shore is an extensive tract of land which (though not visibly so to us) I have reason to believe " is much broken and divided by water, forming as it were a distinct body in the Great Archi- "pelago. This I have honoured with the name of the Prince of Wales' Ai'chipelago." Thus, in the use of the term "southernmost point of Prince of Wales' Island," at the time of the Convention, there could be no possible confusion of places in the minds of the Russian diplomatists. Bearing in mind that "Observatory Iidet" and "Wales Island" are integral parts of the Portland Channel, it is inconceivable how a Public Dominion Otlicer, when asked for informa- tion relative to that channel, _/((»■ n /inrticK/in- <(em location of tlie boundary under the Convention — what features of the land and water would accord v/ith the terms therein used. It was not the ((uestion where Portland Channel was, or whether Vancouver had visited it. That was not disputed. The selection from his narrativ(>, as given and translated, in no way tended to the solution of the ditliculty, and as information to the House of Commons was, as to the point to be covered, worthless, if not misleading. It is this inaccuracy of information which has hitherto proved so disastrous to British Columbia, which gave away San Juan Island, and placed the command of the capital of the Province and the navigation of its interior waters within the power of a foreign country. The Government of British Columbia therefore again urges, in the strongest manner, that it be in no way — as it hithe'-to has been —assumed l)y the Dominion Government, that the term "Portland Channel" forms any part of the original Convention of 1825, between Great Britain aiid Russia. To recapitulate — 1st. The words "Portland Channel" and "Eastward," in connection with the line of demarcation bccween the po:;i;essioiis of Great Britain and P.ussia, are not found in the earlier versions of the Convention or Tieaty of 182"). 2nd. That in the language found in those earlier versions there is nothing ambiguous, no expression which has to be added to, or tortured from its ordinary and natural construction, to convey a clear and definite meaning. 3rd. That in its application, the language of those earlier versions complies with the geographical and topographical features of the country, as proved by the best charts and maps existing at the time the Convention was made, and by the actual examination of the coast and mountain ranges at the present time. 4th. That if the words " Portland Channel " be admitted into the language of the Treaty, it is impossible to reconcile a line drawn fi-om the initial poinr, as indicated by the latitude and longitude and local definition specified in the Treaty, to and up the Portland Channel, with a single one of the topographical features pointed out as guides to govern the line. P'.'^^qHTWK^'?" ^•"^f^y^f ■•"WKffl^P?r- la AtABKA BOUNDARV QuESTIOV. fitb. That the vrorA " eastward," assumed by Wheaton to be therein, or necessary for un- derstanding it, is an entire departure, not only from the text, and the courses and mountain ranges described, but is an admission, that, without tlie interpolation of that word, it is not possible in any way, under the Terms of the Treaty, even to approach the Portland Chan- nel. Gth. That the assumed line laid down on some of the modern maps and charts as passing through Portland Channel, was not laid down, acquiesced in, or sanctioned, so far as can be ascertained in British Columbia, by any competent authority, before the transfer of Alaska to the United States, and has, from the first attempt of the U lited States to exercise any authority, based upon the extension of that line within the territory clauued by British Columbia, been disputed by the Dominion and by British Columbia. 7th. That the map of the Dominion, published by authority of the Dominion Government in 1680, on which the line through Portland Channel is laid down, can have no legal effect in depriving the Province of British Columbia of the large extent of territory, lying between the tnie line defined by the Convention and the said assumed line, the said last named line having been placed thereon through inadvertence, and Ijcing of no validity, as without sanction or authority from the Treaty-making powers — Great Britain and the United States, — without whose action no such international boundary could be agreed upon. 8th. That the delineation on the French map, above referred to, is conclusive' that, among the most civilized nations of Europe, Portland Channel and the islands to the westward thereof, as far as a line ascending northerly up the channel from Cape do Chacon would strike the con- tinent at the 56° of latitude, were, upon the strength of Russian authorities, recognised as within the possessions of Great Britain in 181.'), and is in singular accord with the definition in the Convention of 1825 by Russia, as to where the line of demarcation would be found. 9th. That if such words are found in the transfer from Russia to the United States, Great Britain, not having been a party thereto, is in no way l^ound thereby, and the Dominion of Canada and the Province of British Columbia cannot be legally deprived of their territory by such act. 10th. That there has been no lapse of time, no user, or acquiescence by any of the parties to the Convention of 1825, or their representatives, that can in any way justify a forced departure from the line of demarcation defined by the Convention. 11th. That British Columbia is unwilling to assent to any such departure without the gravest considerations. The following are the charts and tracings referred to in the foregoing observations : — No. 1 Chart. — South-west Coast of Alaska and Alexander Bay; from British Admiralty Charts, 1865, corrected by officers of United States ships "Saginaw" and "Jamestown," 1869 and 1880, with the two lines delineated thereon in red. No. 2. — Admiralty Chart — Port Simpson to Cross Sound — with the two lines delineated thereon in red. No. 3. — Tracing from Russian Chart of 18-19, showing the coast range of mountains, with letters in red A, B, C, D, — A B indicating Cape de Chacon and Burroughs Bay, C to D Portland Channel, with the two lines thereon in red. No. 4. — Tracing from French Map of 1815, dedicated to Monsieur le Comte D'Artois, shewing, by coloured delineations, the dividing line at that time between the Russian and British possessions on the North-west Coast of America. y