^, Q '. ^^%^ IMAGE EVALUATION TEST TARGET (MT-3) %-A 1.0 .t«^ I.I It it'r lorTiiK N.xiio.nal ( iKcxiu.M'iiic .M Are.<.'^iro that I .should ili.Hcus.s the Ahvskiin houiul- ai'3', IxM'auso it was a suhjcct tiiat ino.st (Io(M)1 y oonceni.-* our people ami tho papiT would l)o a timely coiitriltutio'i toward it.s proper consideration. In aceeptiuti tho invitation, 1 feel that I must oontiiio my presentation of tho topic to th(! lacts accessihlo to any student of the i'vent.s of the period and avi)itl all referenoM to pondinrotiaHons. Happily, however, the material at hand for an accurate un- derstandintr of the suhject is ahundant and within reach of the iiKpurer. Its history had its inception three-(piartor.s of a cen- tury ago; yet few negotiations among nations of such a date are accompanied hy .so great a mass of concurrent documents and facts to explain the motives and ohjects had in view hy the interested parties, and to make apparent the understanding of these parties as to tlu; efFect of th(^ negotiations after their con- cl'ision. The .Vlaskan houndary is (ix(m1 1)\- the treaty of 1825 hetweeu Russia and (Ireat Britain, and every step of tho anterior negotiations was carefully recorded at the time, and the seventy or more years folU)wing the celehration of th« treaty are marked hy repeated acts of tiie contracting parties and those claiming under them, explaining their int(;rprctation of that instrument. The treaty of IS-J.") grew out of the issuance' hy the Kniperor of Uussia t)f an imperial ukase in LS21, tho purport oi which, 'j'j 420 77//; . I A. IS A'. I v norxi). i /; ) brii'lly stilted, was i 1 ) a claim liy UuHsia to cxclusivi' jiirisdic- tioii on tl)(! hij^li sea extendiiijx KM) miles from the coast of Asia nl)ove latitude I-")" oO' luutli ami from (he northwest coast of America above latitude .')l° north ; and (2) a prohihition (o all foreign vi'ssels to land upon or trade with the natives on any part of the (;oasts indicated.* This »d;ase l>ron.i;ht forth a prompt and vi^'orous prott^st from hoth the I'niti'd States and (ireat liritain, which was^oon followed hy n«!;fotiations hetweeii llns- sia and the two latter jj[overnments. It was early made known that IkUssia was prepared to withdraw its claim to exclusive jurisdiction in the I'acilic ocean and would not insist upon its territorial claim to the coast of America liclow latitude ao'^.t Ah the rnited States was advancinj^ no serious claim to the terri- tory north of that line, it found little dillieulty in rea(!hiny (ireat Britain in its protest and sul»se(|uent nej^otiations was to sccurt^ tlu; withdrawnl l»y Russia of her claim to exclusive jurisdictijii in the Pacific ocean. At that period (Jreat Britain was the rising' power of the world in maritime commerce, the United States hi'iuij; its next competitor, and it made i,'ood use of tin; latter to aid in hring- in;j; ahont this withdrawal. At that ilay the vast territory of North .\mcrica lyinir l>etween the Rocky mountains and the I'acitlc ocean above latitude oo" was almost a terrd tiu'vi/nild, and, with the immense; areas to the east of the mountains still unoccupied except l)y a few tradinpciu' ill till' origiiiiil. § lli., 44s. , i'rrfuitfd HI the Offiif nf thr If.Sfikl.tf niut (if0ilrt4C Slirii-y 7}^'OMirv I>vfuut nn.-ttt . MAT Nn. 1 THE M..\sK.\S lunSltMiV 420 tlu! |»ul»lisln'(l (•(»rr«'S|M»ii(l('iict' of tlic iJritish lu'jrotiutors with the l"»:ri'<>(l upon uh u cover to tho inorc i-sscntial stipuhitioii to he '"ontaiiu'd ill it. to wit, the wal of tlw inaritinu! jurisdic- (i"n, tlic Dc^'oliators, in the lir.st instance, athhvHsed tiieinselves to II llxatictn of the east-and-wcHt line. or. more parlicuhiriy. to til" point on the nortliwc.«t coast of Aiii«>rica whivii should limit tlx! p(y.sseHsioiis of the two governments. Krom the first mo- ment tlin houndary was hroaclied Kiissia had indicated that it would rest its claim to territory on the liiu; of latitude ')-')°, heiiig the limit lixed liy the i'lmperor Paul in the charier of 17'->'> to the Uussiaii American Company, and wliich had never been ohjeirtcd to l»y (Jr(!iit Mritain.* Sir Charles llat'ot, howevi-r. in tlie lirst instance, proposed "'a liiu! drawn throiiLfh Chathiim strait to the jiead of liynn canal, thence northwest tt) the 1 Id'^ of lonL'itude " + (s«'e map No. \). This liiKMvas rejecte(l liy the llussiaii ne;;t»tiators. and. at the re- (piestof .Mr Hagot. they suhmitted a counter-propo.sal. which was in elViH^t the same us that sui,'u»'"*tt'd in the lirst instance ahove mentioned, the line of latitude ."».')° ; hut " as the parallel of 00° would divide I'riiice ol Wales island,'' they proposed to start the lioundary line at the soulrlKfrn extremity of that islaiul.aiKl thence " foll«»w I'ortland eh;innel up to tlu' mountains which horder the coast." + The IJussiau |u*oposal was mot hy a Hocoud proposition from Sir Charles Magot, to wit, "a line traced from the west toward the east alonjr the middle of tlu' channel which separat(!S 'Prince of \\'ales and Duke of York islands from all the islands situated to the north of th»! said islands until it touches the mainland."*. This was likewisi; rejected, and he then made a third and final [)roposal of" a line drawn from the so .ithern extremity of the strait called ' Duke of ('larence .sound ' throULih the mi., :i!m, ll-j tll... I-I. I II.., IJ7. j 11... IJs. III., 430. 430 THE . I A.I.SAM .V linrSItMiV intorftsta were involvccl wtsre, on tlic Hritish side, tlio Iliulson's ]iay C()in[>iiny, wliicOi was pusliiii^^f its posts iu-ross tln^ Kockv in()Unt;iiiis ti)\v:u-rolital»l<' Iradc with tiie iiativs on the niaiii!an//(/ '/"', 1.S2.')). On the other hand, the main purpose of the British plenipo- tentiary iii the |)articular nejj;otia,tion al)ove referred to was to secure for British traders a foothold on the Pacilic ocean as far above tiie latitude of 54° 4(V as possible. In reporting; the re- sult of his conferences to the British foreij^n ollice, he says : "Our chief objects were to secure . . . the embouchures of such rivers as miays lying between latitude 5()° and 54° 45', . . . of essential importance to its [Ilud.son Bay's] commerce." + The negotiators were brought face to face with their eontli(!ting claims, the one side insisting that it must have a strip of territory on the mainland in order to keep the Hudson's P>ay Company from the ocean opposite their islands, and the other insisting that the Hudson's l?ay Ci)mpa.nv must have; possession of such part of that territory and the inlets as would allord it access to the ocean. Mr I?agot informed the Russian negotiators that he had made his "ultimate proposition," and, being told b}' them •* lb., 42.S, 430. t "i.. '^1. + 1''-. t-"'. ••-"■'• I'll /•; ALA SK. I .V lit) I XD. I A' )' 431 *f that the EinpcnM's tinal decision was " that they imist coiitiiiue to insist npon the demarcation as descrihed hy them," he an- n()iinct'(l tlial he slioidd '• consich-r tin; iic^otiiitions as necessa- rily snsi>ended,"' and tliey weri' aecordin' cross tin; Russian stri|) on the mainland; and, I'ourth, to open Sitka to Rritish trade. The count, after showinjj; that hi^ country was oidy seekin<>; to hold what its enteri>rise had gained, and, contrasting the spirit of tiie two nations, " we wish to keep and the English company wish to ohtain,"' I'eferred to the point upon which the negotiations were hroken oil'— the strip of terri- tory on the mainland — and impresse. lliV for ten yeiir.s to freijuent " the interior seas, gul nhs, li irbours, and creeks upon the coast [north of 54° 40'] for tlie purpose ol'trad- inerpetual concession was repugnant to all national feel- ing and was inconsistent with the verv idea of sovereiiiiitv. and the negotiations were again broken oil'.t Thereupon Sir Charles IJagot was recalled and Sir Stratford Canning, one of the al)lest Uritisli diplomatists of the present century, was transferred trom Washington to St Petershurg, aiul the negotiations were again renewed. Sir Stratford Canning was instructed to recede from the demand ma assijrn, witli lespcct to tlie iiiaiii- liuid soiuliwanl of tliat point [tlie liead of byiui harborj, a limit, say. of 50 or 100 inile.s from the coast, heyoinl which tlie Uiisi^iaii posts slioiiM not be extended to tlie eastward. We must not on any aironnt admit the Hu.«sian territory to extend at any point to the Kocky mountains."! * n.., 1:14. tn'.,i:i'i. t III., ll!), 4'.i< : " l'"nilii m \v;i;iI of aeeiirule Ivliouleilne id'tlii' pomses (if tlie rivers or ruiines nf iiuiiiiitiiiti.s, it l« ilitliiiilt to siinKent any satistaetnry botiiiilary in the interior of tlie eoiiiitry in ipiestiun, aiul (if eoimi^'ieiii with your ._li Ji. ■■,, r \i._ ■RHaMNH* t: £ v-*^s^;;-r; ^j^':xv^-i:vv:\-^ t.-.- i ^-rir. .Jj ■\\ 'fv *( ft,'-*t, ■'H'i V> z^'O \r- .'';■;.'' *.>^c fV I. ^•« \1.- ^ .MM i^AtWU^St^^JB**^!^ ^tt.^ a »afc ^ -.'* « . k .g^ - Tlaxy Idr* ^ •5? Con iitatitm v2 it ^Vf ■Xf "\4 y*«/iseN- \ \ N "^Bltl ,v ::*,-^'^ ■ •*» ^niAr dri /rno* Aim r-''-^'**' '■-*•■" 43 •.'■' •'™'- ;'■ '•''■•»■ '%^^ %^ Stc» , b7>>V* Sr^ ' '^"S*^ kV m dM ...•-.'■ ■ 7'** y« J .^••' ;.^ 4 J. • * •>•- X". "< VOL. X, 1899, PL. XI A C HA R T sliewiTig-part of the Coast of n.w America "with the tracks of His Majefty's Sloop ^ISCO^^R-rartdArmeflTtmc/cr CHATHAM CommaTiHeaTjy GEOJIGE Vat^COUVER Efq. and prepared under htj immediate inspecHori ^Lieii?" Joseph Baker itt.%vhich fh^- C (mtine^aO'CyrwrG ^J/vee^v correct^ hnacea/ ancl/(/ele\ mmei/'P'om> Lat . 6/. 46'N. aticOl^QWfy. 232:oSE.-to Lai:, 6y.3o y. and/ Long*. 23^44 E. at ^tej^erfods ^Aepyrv 6v the ^Tncks . The parts not skaEed aip talceii from Spatrrfli Authorities . ^^ Jenotes -iheVe/sefs -track NcnrOwarcL rT^\,' iAeir nhuTvSouOuMM/. A^ Ja. H*A';j^m* t'orrestert IIU- \ V V.Sottk ,-< TT" ',.{•»• } -". :■'/> /•::i YM. •^:r C»dr Muifrn ' P!*df NuUM \i T\ FTea«*»dk'.'iPv£^y«. ' '"•• l<-'v ^Y^deLangara • -^ftgai">ilMlllli»i 1 1 liii>lWiili»« ■■!9mvi»<%^««i ■■^^m^s^'mK:/^^'- ( i.^» *y % f NAT. GEOG MAO. «•• ■ Jnff t"ti3t \ 5»' I ^ C HA It T Shewing part of the COAST OF N.W.AMERICA With the Tracks of HIS MAJESTY'S SLOOP 'J) IS colli HY anil Anna! Tfiidtr CHATHAM CommamW by GF.OEGE VaNCOUVFR Esqr and pnp.rcd ■fc^ i \ % 57? ^///a bj GivOROE \ANC0UVFR Esqf and prepared umAerhu immt Lal.'.it>?3i> 'S.nnil Ltmjijf 7i«"<>o.E. «l l^-^n»tt» rnhrnun ^ji M<- Tradk «V*^ 4r I r«M. iwwt /toa. Jfujtti luhifgmphrti from origijuil print in thn Archivt's of thr V .S. Cmist orut. CiKodt^Ui' Si4/\v,y hi/ th* /fiirrii I^len d; . Wtishi/ifilon. Aiif/iist,JH38 ' '■• . iUap Mo. ;5. Vancouvku's \ yrxft" \ ^,4: "v.. 4*^' •jfy^ CAt» rkiram^v /^. VS'T^^' *^r Mo. 3. Vanciiuvkk'm ('haut, No. 2 n H '1 *r * '-yL J. ^ rilE . I/,. I.SAM .V BOVyDMlV 433 *v ; With tills instruction in his i)ossessi()n Sir Charles Bagot, at the outset of the negotiations, in resjjonselo the Russian demand " for a strip of territory (linifrc) upon the niaiidand " which wouhl he '' parallel to the sinuosities of the coast,"* proposed that the eastern line of this strip should run " always at a tlistance of 10 marine leagues from the shore as far as the 140° of longitude." t Russia suggested that the line should " run along the mountains which follow the sinuosities of the coast." t When the second negotiations were rcsunuMJ Secretary Canning scut Mr Bagot a draft of a treaty in whicli it was ])rovidetl that this line sliould " l)e carried along the coast in a direction parallel to the sinuosi- ties and (tl (111.(1 irlthiii the ftedivdnl baseoi the mountains liy which it is hounded."' i( in explanation the Secretary said, if pressed hy Russia Mr Bagot might suhstitute the sunnnit o'' the moun- tains if a limit to the cast was tixed beyond which the lineshouhl not go. The British draft proposal of " the seaward base of the mountains " was rejected hy Russia, and its countiM'-draft was thiit the line "shall not l)c wider on the continent than 10 ma- rine leagues." || But Sir Charles ISagot's attention was so occi ;>ied with the other points of the treaty that the matter of the width of the strip did not receive serious consideration until the linal stage of the negotiations was undertaken hy Sir Stratford Canning, and as Great liritain had hy that time receded from all the other contentions, it only remained for him to adjust the eastern line of the stri|) of the mainland which was to he held b}' Russia. In his ' I , of treaty it was proposed that the line should follow the cre.■^L of the mountains. [)rovided thai if the crest of the mountains should he more than ten marine leagues from the ocean the line should follow the sinuosities ofthe coast, so that it should at no point be more than ten leagues from the coast. This was in accordance with his instructions.'- The Russian negotiators objected to the proviso and insisted that the crest ofthe mountains should be the invarial)le line, arguing that the natural frontier was the mountains following the coast. Much of the dilhculty in reaching an agreement on this i)oint grew out of the imperfect geogra})hic knowledge of the i)eriod. vit'ws) it iiiiKlit, i>ci'liaps, l>e stittiiMi'iit at present to settle u lioimdary on the eoast only and tl omiti-y ."lO or Itio miles inland, leaving the rest ol' the country to the north 1)1' that point and to the west of the range ofthe mountains, which separate the waicis wliic li flow into the I'aeitio from those wliiidi flow to the east and north, open to th(> traders of lioth nations." *Ih.,4J7. tn'.,4-'f<. tI''-:«"'J- §lb.,4;i5.-. 1 U)., 441. T !'>., -l^T. 434 TIIK ALASKA X /.7>r.\7>.l A')' In 17!)2-'l)r) (ieorj^e Vancouvt'i'. under tlio direction ol' the liriti.sh ndniirulty, niude the lirst iiccuriite :ind scientilic. survey of tlio northwest eoast of Nortli Aniericn. and his charts were ))uh- lished in IT^S. Tiu'se ehiirts were for more tlian a, ^(Mieration th(! hasis und soure(( of inforniation of all maps of tliat region. His survey was eonlined to tlie coast, as lie mach' no exi)h>ration of the interior of tlic mainland heyond what was visible from his vessels. From tluisc Ik; saw at all points in the i-cgion under consideration a contiiun)Us array of mountains, and upon his charts there appears delineated a regular mountain chain fol- h)wing the sinuosities of the coast line around all the inlets (see nnips Nos. 2 and M). We know that the negotiators of the treaty of 1825 had hefore them X'aneou t's charts and two other maps, one issued l)y the (luartermast 'leral's departnient, St Petersl)urg, 1S()2,* which re[»r()duees w. ..lountains as laid down hy Vancouver, the other Arrowsmith's latest map, heing the one published in London in 1S22, with adtlilionsof lS2'.,and this map omits all mountain featur^es in the region, bein;; entirely l)lank. The pul)lished correspondence frecjuentl}' shows ihat as to the in- terior of the mainland the negotiators were in great ignorance of its topography, and we have seen that even the deputy-governor of the Hudson's Hay Company was no better informed (■•M|M'rs, isii:;, mA. \', aiipcmlix tn l!iiti>li ciiso. tU)., vol. IV, 117. THE .\L.\ sfs. I v nniwi). i /; )' 4.^0 •^li^ * i ^k ■clearly ostiihlish threo facts as the result of the negotiations : first, that Russia was to hnve a continuous strip of territory on the mainland around idl the inlets orarnis of the sea. Sir (!harles liMjfot fully understood this, and hence his repeated ell'orts to push tiui southern houndary of liussia as far nortli as i)ossil)le, so tliat the Hudson's May ('onii)any nuiiht come down to tidewater with its trading posts, rccotfuiziuf^ that this could not Ix' (lone in front of the Russian line, 'i'he ])urpose for which the strip was cstah- lished would Ix; defeated if it was to he hrokeu in iiny part of its course by inlets or • rnis of the sea extendin«i into Ih'itish icrri- tor}'. Second, wit), lie strip of territory so estal)li>h(!il, all the interior waters of the ocean ahove its southern limit liecaine Russian, and woidd he inaccessil)lc to British ships and traders except hy express license. It was hecause the Russian neu-otia- tors refused to make this license perpetual that the neijotiations were a second time hroken oil', and only renew(Ml when (Ireat liritain yiel(l(>d on this point. Third, the strip of territory was to he 10 marine leagues wide in all its extent, unless inside of that limit a chain of mountains existed which constituted a nat- ural boundary or watershed between the two countries. 'Phe ''seaward base" proposed by CJreat Britain was rejected, and there is no indication that isolated peaks were to constitute the line. A fourth fact, not material to explain the treaty, is apparent from the record of the nejiotiations, and especially Secretary Can- ning's instructions of January lo, 1824, already cited,* to wit, that while the British government souirhtto restrict the limits of Rus- sian territor}' as much as possible, it was prepared in return for the revocation of the idcase of 1S21. if Russia was persistent, to accept an east line of the strip distant from the ocean 100 miles, and to have the line to the Arctic ocean drawn along the 135° of longitude, thus giving to Russia a strip more than three times as wide as she obtained and the whole of the Yukon gold dis- tricts. We come now to the provisions of the treatv, and I confine my examination to those respecting which there are existing differences. Article Iff, in delineating the first sectioii of the boundary, provides that "commencing from the southermnost point of the island called Prince of ]V((les Fsland, which lies in the parallel of o4° 40' north latitude, . . . the said [bound- ary] line shall ascend to the north along the channel called *Ui., 41.J-420. 436 THE ALASKAN BOVNDARY PortUind Channel as far as the itoint of the continent where it strikes the 56° of nortli hititutle." The United States liolds that under tliis provision the hne starting from the extremit}'' of Prince of Wales ishxnd shall enter the hroad, deep, and usually navigated opening of Portland canal or channel and pass up to its head, and thence on the continent to the 50° of latitude. Tlie present contention of Great Jiritain is understood to be that the line from the extremity of Prince of Wales island should enter the tortuous and narrow channel now known on the British adnnralty and American charts as Pearse canal, and thence up Portland canal to the 5G° of latitude, thus placing Wales, Pearse, and a (ew small islands in Pritish territory. The second j)ortion of the line in dis[)ute is described in the treaty as follows : " From thi>i last-inentioned [HMiit [the 5l)° iil)ove tlie head of I'ortlaiiv] canal] tlie line of (Icniarcation shall follow the snniinit of the mountains situated parallel to the coast as far as tlie point of intersectmn of the Ul'-" of west lon,i,fitu(le. . . . Wiienever the summit of th>' lu.uintains wiiicli extend in a direction jiarallel to the coast . . . shall prove to be at the distance of more than U) marine leagues from the ocean, the limit hetween the British possessions and the strip of coast which is to beloiitf to Russia, as aliove mentioned, shall he foriiu'd by a line parallel to the sinuosities of the coast, and which shall neverexceed tiie distance of 10 marine leagues therefrom." This language of the treaty presupposes that there existed a defined mountain chain, to repeat its terms, '• situated parallel to the coast " oi- *' which extend in a direction parallel to the coast;" but the surveys of the region made since the territory of Alaska, was ceded to the laiited States have estalilislied the fact that there is no such delined chain or watershed within 10 • marine leagues of the sinuosities of the coast exce])t at two points, namely. White and C'hilkoot passes; hence the Unittsd States claims that the boundary of the strip is placed 10 marine leagues from the coast at all ]n)ints except at White and Chil- Icoot ])a.sses, and that the strip is an uid)roken lielt (d' territory on the mainland, following the sinuosities of the coast around the inlets of the sea. On the other hand, the Pritish claim is that the line from the 5()° runs directly to the coast and follows the mountains nearest to the outer sliore line and crosses not less tliaii ten or twelve arms of the sea or inlets, thus breaking the strip of mainland into as many different sections, and trans- ferring all the water of the ))a3's and inlets to the IJritish pos- sessions (see ma[) No. I'l.) f K •» \ <■' v.: « I .-<<■. A" ^)'^^^'' ik' >.>^' .i.^ ■yr- - ■' ■•■■■3}. (JS / / J\ ■ ^:^%vM^ J 'f * .f* 1 '^ y/ 'JVM. -y. »^ -X/** XA; '.^^^^ ._■ .x?/"'v R U S S E A ' i //k/kv/jj. ^^ '!«• i -3 i a iJ I V II \\ ! 'J d. Man V V 1« Us £ S., I H '.Av >>//.. ,'A>»-/» ' -::^'^^'''Mj^- ^V .MAI' No. t lirSSIAN IMI'Klll \l MVP "^ >- ^ : Mi\P No. .-. Tin: AT.ASK.W liOrXhAltY 4:u) «* '^ » I Tlie reitiainiii";- ;irtirlc to he noted is llie seveiitli, wliicli pro- vides '"that for the space of ten years . . . the vessels of the two {)o\vers, or tliose beU>iijiiiiritish treaty is recalled. At the expiration of the term often years the Russian minister in Washington gave notice to the (iovcrnment of the United States that the privilege had expired, and a uotilieition to that eflect was made in the pul)lic jtress oi tiie United Mates.! Persistent eflbrts were made by the United States to have the privilege extended for another jieriod of ten years, but it was Urinly refused liy Russia. t The Hritish privi- lege was likewi-e terminated upon the ex])iration of the ten years mentioned, and this article of the treaty was never again revived. Having reviewed the negotiations ])receding th^ treat}' of 1.S25 and examined the provisions of that instrui.. ' t now in dispute, [ pass to a statement of facts since the celebration of the treaty, showing the views of the high contracting parties and those claiming under them as to the stipulations of that conven- tion. As soon after the treaty as the data could be com})iled, to wit, in 1S27, a miip was published in St Petersburg, "by order * Hi., Cil. Sccii'tMiy Ciiiminij. in his iiistniclioii to Sir Stintlonl Citiiiiing, iisod this l;iiif.'ii!ijj.' : •• I!iissi:i carmiil nii'iui to ijivu to tlic riiilcil SlMtcs of Aiiu'i'ioa what slie witliliolds IVoin IIS, iim In willilLoM Iroiu us atiytlilriu- that she has coiisetited to ({ivo to the I'liiti'il Sliito.s." f^i'iinto V.x. Uoi'. No. 1-, Twfnty-lirth <'oin.'r«'ss, thii'il session, p. •_'!. J Ih., ou. 440 TIIK . I LASK. 1 .V IIOI XDA II Y of His Imix'riiil Majesty," on wliich tin; l)()Uiul:irv lino of Uie Uussian possessions on the continent of Xoitli America was drawn from tlic^ liead of Portland channel, at a distance of ten marine leaitues from tidewater, around the head of all the inlets to the 141°(>f lon. which states that it contains the latest information which the docu- ments of the Hudson's HayC'ompanv furnish. It will be seen that it exactl}' follows the line laid down by the Russian imperial map of 1827 (see map No. 5). Arrowsmith's map was preceded, in 18.';i, by a map of the iiorthern [lart of Xorth America, prepared by Josei)h IJouchette, deput\' surveyor-general of the province of Flower Canada, and "published, as the act directs, l)y James Wyld, geographer to the King, r.ondon, May 2d, 18:11." It is " with His Majesty's mostgraciousand s|)e(tial permission most liund)ly and gratefully dedicated IVth, . . al ol . . to His Most Excellent Majesty King William com[)iled from the latest and most approved astro- nomu )servation.- authoriti es, a nd re(;ent survevs. Ins map traces the Uussian boundary on the contiiunit in con- formity to the Russian imperial map of 1827 (see map Xo. G). And all later publications, either ollicial or unollicial, of Canada followed the same course, as illustrative^ of which T repro- duce the map wlii h bears the following title: "Map of the northwest part of Canada. Indian territories, and Hudson's Bay. Com]iiled and drawn by Thomas Devine, provincial land sur- n, le[)artment, Toronto, veyor and draftsman. By order of the Hon. Joseph Caucho connnissioner of Crown lands, Crown c March, 18o7" (see map No. 7). So far as I have been able to exannnc, the map-makers of all foreign countries followed theboun(hiry line drawn by liussia in 1827. This was notably the case with the KriMich cartographers, who hivve held a high place in the profession for accuracy and authenticity. From the great numl)er of [)ublicatit)ns, I. have VW No. (■) VV.***"^^pS^ ■ ^• MAP No. 7 CANADIAN MAI' UK \Kh^ THE A LA SKA X IlOrXI). MIY 443 ■ f \ selected one which appeared in 1844, first, because it was based U[)on the actual observations of a voyage of ex[)loration made by a Frencli ollicial, and, second, because it was " ])ublislied by orderof the Kinji;, under the auspices of . . . the president of tile council of ministers and of the minister of foreil' ;irtii'li' I of tlio Iciise : "Ainici.K 1. It is iijfi'iMMl iliiit till' liiissian Aini'riciin Company, liiiviiiK tlio simi'tinn of the Kiissiiin government to that I'ttci't, sliall ooilo or loiiso to tlio Huilson's Hay Com. pnny for a torm of ten years, commoncinK from the Ist of .Jniie, 184(i, for commereial purposes, the eoast (oxehisive of tlie islands) ami the interior country helonging to His Majesty tlie Kmperor of Russia, sitiiateii Ijetweeii Cape Spencer, forming the noitlnvi'st lieiiillanil of tlie entrance of Cross souml ami latituile 'i\'^ In' or thereabouts, say the. whole mainlainl eoast and interior eoiuitry ludonging to Knssia, together with the free navigation and trade of the waters of that eoast and interior eountry situated to the soiitliward ami eastward of a supposed line to he drawn from the .said Cape Hp^neer to Mount Fairweather, with the sole and entire trade or commerce thereof, and that the Russian American Company shall abandon all and every station and trad- ing establishment they now occupy on that coast, and in the interior country already described, and shall not form any station or trading establishment during the said term of ten years, nor send their officers, servants, vessels, or craft of any description for the [lurposes of trade into any of the bays, inlets, estuaries, rivers, or lakes in that line of coast and in that interioreounlry." (Russian archives, Department of State.) t Repiu't from the Select Committee on the Hudson's Bay Company, etc. Ordered by the House of (^'ommons to be printed :)1 July and 11 August, 18,')7, p. 2. 144 140 T i. I ' Miip of western piirt of tlie Doi MAI' No. Ill SCOTTISH (IKOdltAl'llll'AI, MAciAZIM', MAT, ISIIS ninioii of Cana.ln, to u.'.'oini.iiiiy a painT l.y Win. (>t;ilvie. firottish Qc<)(jrajihinil Maijaziiii', 1S',I8 " THE ALASKAS IIOISDARY 449 r \^ iiiittee iire luimd the nuiiics of l^ord .lolin IJusscll. [-ord Stnnlcy, Mr lt()ol)iU!k,iin(l Mr (IliKlsloiio. Aiiotlu'r incinUer uas Mr Ml I ice, a niitive(;f (Jiinadaiuul a director of the HiulHoirH HayCoini)any. There was also in atteiuhince on the sessions of the cotninittee, as a representative of the jjioverninent of Canachi, Chief .Justice Draper, of Canada. Sir (i(!()ranies, the territory embraced in the lease was, l)y order of both the British and Russian governments, exemi)t from the o[)era- ♦Koport, olc, p. lliiil. Kxtnii't IVoni Siiii|is(in's ti'stiinnny : " loji;. Besides your own territoi-y, I think yen ailiiiiiiistor ii piirtion of tlie teri'itory wliieh belongs to Uiissiii, tincter some iii'i':iiigeineiit with tlio Hiissiiiii Company '.' 'rher« is a margin of const, miiriieil yellow on tin; map, from 'yi° 40' up to Cross sound whieli wo have rented from the Uussiiiii Amerieun Company for a term of years. " IdL'T. Is tliat (lie whole of that strip? The stri)! Roes to Mount St. Klias. " lii:iM. Where does it lietiin ? Near Kort Simpson, in latilmle ,)4 ; it runs up to IMount 8t. Hlias, wlii<'h is farther north. " loj'.i. Is It tlie whole of that strip which is ineluded hetwoen the Hritish territory and the sea? We have only rented the part hetween Fort .Simpson and C'ros.s sound. "liwo. What is the date of that arrangement? That arrangement, I think, was en- tered into aliout iHli'.i. "loiil. What are the terms niion which it was made? Do you pay a rent for that hind? The Hritish territory runs alonir iidand from the coast alioiit .in miles ; the Hus- sian territory runs alontt the coast ; we have the riiiht of navigation throutjh the rivers to hunt the interior countr.v. A misunderstanding existed upon that point in the first instance; we were about to establish a po.st upon one -if the rivers, which led to very serious ditflculties between the Russian American Company and ourselves. We had a long eorrespondenee, aiicl to guard against the recurrence of these difficulties it was agreed that we should lease thisniiargin of coast and pay them a rent. The rent was, in the tirst instam'e, in otters. I think we gave ■>,W\t otters a year; it is now converted into money. We give, 1 thiidi, l,5Uo a year." •(» I 450 THE ALASKAX IIOUXDARY tiona of the war. This fact is shown by the Alaska archives and by the testimony of Sir (Jeorge Simpson before the Parliament- ar}^ committee.* About the time of tlie cession of Alaslca to the United States gold was discovered in the Cassiar region of British C'()luin))ia, reached through tlie Stikine river, and the i)assage of miners made it desiral)le to have the eastern boundary of the stri[) wliere it crosses that river iriore accurately'' marked, and this led to a movement, in 1873-'4, on the part of the Hritisli and United States governments, for a joint survey of the boundary. In a conference at Washington, Fel)ruary 15, 1873, between Secretary Fish and the British minister. Sir Edward Thornton, it was stated by Mr Fisii that a survey of the entire boundar}'. as esti- mated by the engineers, would cost, for the United States alone al)out $ 1. ")()(),()( )(), jind it was suggested tliat it would V)e found sutlicient to lix tlie boundary at certain determined points, and there were named the head of Portland canal. " the ])oint where the boundary line crosses the Rivers Skoot, Stakine, Taku, Iscl- cat, and (;hiikaht. Mount St. Elias,"etc. Thelegislative assembly of British Uolumbia, in petiiioning the Canadian government for a survey, refers to it as " the boundary of the 8()-mi](3 belt of American territory." Sir Edward Tiiornton communicated to the Foreign Ollicethe resultof his conferencewith Secretar}' Fish, and it was then sul)mitte(l through the Colonial Oflice to the Canadian government, by whom it was referred to tiie surveyor general, Dermis, who reported favorably u|>on the plan. He restated the points to ))e determined and enumerates the rivers " Skoot, Stakine, Taku, Iselcat, and Chilkaht," and says that in his opinion "it is unnecessary' at present (and it may l)e for all time) to incur the expense'" of any other survey than that named. It was thereupon determined that such a joint survey shoubl be made, the total cost of wdiicii the British boundaiy commissioner. Major Cameron, estimated might reach 82, 2.")( ).()()( ). The plan was not at that time carried into execution l)ecause of ♦Report, cti',, p. 140: "171)8. During tlio lute wiir which oxisti'il hetui'i'ii Uussi,! .iiid Kui-'I'IimI. 1 hi^lii'vo tliitt somi' iirriiii);''iii(>nt \v;is inn.ilc lictwt'i'ii ymi mmiI tlic Uii-isiniis hy whirh vein aiiri'i'.l nut to molest one iiiiothor? Yes; such nn iiiiMUtti'iuctit was nuulc. "n,".!!. Hy the two coinpiuiies? Yos ; iiml trovcninieiit couliniicd tlic niiMUKriucnt. "174(1. You ugrood that on iieillier side i^houM thiTe lie any uiolestation or interfer- ence with the triule of the ditt'erent parties ? Yes. "1741. And I l)elieve that that was strictly observed during the whole war? Ve". "1742. Mr. Htdl, which governMicnt cdiitinneij the arrimgeiiieiit, the Russian ur the English, or hoth? Hoth govi'rniTients." -ar "i » tf t i oint above their mouths, which are at the head of inlets, including Lynn canal, and that the ])oundary could not, therefore, cross any of these inlets. In 187G a Canadian ollicial was conducting one I'eter ^fartiil, charged with some oli'ense. from Canadian territory across the strip of American territory traversed by the Stikine river. Hav- ing camped for the night at a ])oint \?) miles above the moutli of the river, Martin, in an attempt to escape, committed an assault on the officer, for which, on his arrival at Victoria, B. C.,he was tried and condemned to im[)risonment. Martin conij)lained to tlie consul that he was an American citizen, and the Secretary of State presented the case to the British government. A sur- veyor was dispatched by the Canadian government to the Stikine river to locate the exact spot of the assault, Avhich he reported to be in United States territory under the treaty of 1825. There- upon tlie Canadian Priv\' Council, following the indication of the Jiritish Foreign Oflice, decided that as the oli'ense for which Martin Avas convicted w'as committed in American territory, he must be released, and he was accordingly set at liberty.t A further indication of the views of the British government respecting the boundaiy line of the strip is found in the action of the two governments in agreeing upon a provisional line on the Stikine riverin 1878. The Canadian and American customs outposts on that river came in conflict in the vicinit}'' of a point approximately 80 miles in a straight line from its mouth, and caused considerable friction. Tlie Canadian government dis- patched a surveyor on its own account to survey the river and fix a boundaiT line, he having been .supplied with the text of articles '"> and 4 of the treaty of 1825. He made his report, and claimetl to have found a range of mountains filling the retpiire- ments of the treaty at a point which crossed the river about 25 miles above its mouth, or about 20 miles in a straight line from the coast. A copy of this report and accompanying map were sent through the Mritish Foreign Ollice to the minister at Wash- ington, l)y whom it was submitted to the Secretary of State, with a view to securing his acceptance of this boundary, antl Secretary * l';lll:Mli;lll Scssioiiltl I'lipi'rs Xo. l_'."i, vol. \ i, pp. 11. '.'I, 'JS, Mil. t <'iuiiicliiin Sessional Piipcrs citcil, pp. ri7, .'i'.i, 14:!, 1.").;, l."p."i. t'. S. I liplnni.uii' Corrc- spolKli'iicf, 1H77, pp. 2118, 271. 452 THE ALASKA X HOCXDAin' Eviirts consented to accept it as a provisional line, without preju- dice to the riglits of tlie parties wlieu the permanent Ijounclar}' came to l)e fixed.* The foreifoiug citations sliow tluit whenever tlie liritish govern- ment or those holding interests under it have had occasion to express their views as to the strip of territory secured to Russia under the treaty of 1825 they have made it plain that they re- garded it as an unhroken strip on the nuiinland following around the inlets of tlie sea, and that the interior waters enclosed in such strip were Russian or American tcrritoi'ial waters. When, in 1822, the Duke of Wellington was ahout to depart as the British ])lenipotentiary to the International Congress of Verona, he carried with him an instruction from Secretary Can- ning to ))ring the })rotest of his government against the ukase of 1821 to the attention of the Russian plenipotentiaries at that congress. After obtaining the opinion of the great English lawyer, Lord Stowell, he wrote : " l';iilited to exercise anv acts of sovereigntv over the strin or waters enclosed l)y it. On the other hand, let us examine the acts of occupation and sovereignty exercised by Russia and the United States. First, we have seen that very soon after the treat}' of 1825 the Russian government published a map claiming the strip of ter- ritory and all the interior waters of the sea enclosed by it. Second, the Russian American Company established forts and trading posts within the strip. Third, by virtue of the lease cited, which was a recognized assertion of its sovereignty, it tempoi'arily transferrtMl these forts and posts to the Hritish com- pany. Fourth, at the termination of the extended lea.se it re- entered and took [xissession and remained in posst^ssion till the cession of Alaska to the United States. Fifth, it received the allegiance of the native Indians inhabiting the strip, and exer- cised control and supervision over thcMU. Sixtli, immediately after the cession in 1807 the Dejiartment of State of the Uniteil *{'. S. Koroinn Ui^liitioii-!, Is78, iip. ;i;i!), .'Uii. t Fur Seiil I'lipiTs, etc., vol. 4, ]>. M«H. f^ ,■*• f Tin: ALA SK. I .V BOVNT). [UY 403 k\ . t." R- •i' ft % States likewise euused a niiip to he published, settin,i>- t'oi'th the bounds of Alaska in accordanee with the treaty of .1825, and the same claim as to the strip was thereon made as hy Russia in its map of 1S27. Seventh, upon the transfer of Alaska a portion of the United States army was dispatclied to occup}' the terri- tory and a detachment was stationed for some time on this strip of the mainland. Eighth, since the cession post-otlices and post-routes have been established and maintained at various ])oints on the strip. Ninth, custom-houses have likewise been estal)lished and duties collected therein. Tenth, government and mission schools have been maintained, and notaldy so, for near twenty years, at the head of I^ynn canal. Eleventh, the revenue vessels of the United States have continuously since the date of the cession patrolled the interior waters surrounded by the strip to enforce the revenue and other laws of the United States. Twelfth, the naval and revenue vessels of the United States have for the same period exercised acts of sovereignty over the Indian tribes inhal)iting the strip, especially about the head of Lynn canal, and the latter have yielded unquestioned allegiance to the United States. Thirteentli, in the Census of 1880 and 1890 all the Indian tribes inhabiting the strip were included in the population of the United States and so \)\\h- lished in the oflicial reports. Fourteenth, the territorial gov- ernment of Alaska has exercisi'd various and repeated acts of sovereignty over the strip and interior waters enclosed by it, and the writs of the United States courts have run throughout its whole ext(!nt. I'ifteenth. under the territorial claim of the United States and the [trotection of the government, citizens of the United States have entered and occupied the strip, built citi(^s and towns, and estai)Iished industrial enter[)rises thereon. All the foregoing acts have taken place without a single pi'otest or complaint on the i)art of the Hritish or Canadian governments, except that some IViction has occurred between the customs out- jiosts as to the exact demarcation of the eastern line of the stri[i. For the lii'st time a statement was [)resented by the British gov- ernment to tlie Covernment of the United States on the 1st of August, 1S!)8, developing the fact that a difl'erence of views ex- isted resiiecting the provisions of the treaty of bS2o relating to the strip of territory and the waters embraced l)y it. Two months previous an agreement had been reached between the two gov- ernments for the appointment of a joint commission for the ad- justment of pemling ([Uestions of diil'erence between the United cawtitfPjn.^H mw»n» 1 V 155^" JXZi::^ iSr "■qsj* MAP or SOUTH EASTERiNJ ALASKA 62 cJ \ r.H ^ C Omnia nf.y ri /^-H v,5v3 ''' S ^^i^^c^ AO, /♦t^ntrwl" i/i l/ir "Hur ,,f/lH f'.'-.r ■<■>.-' >i'ii i.,,.,/,'i, MAP No. 12 IIIUND.MIV i.lM'.f- Ul AMllllLAN AMI lilimsll I'l.AlMS i, 4'Vy*tMM