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THE ALASKAN BOUNDARY
BV
HON. JOHN W. FOSTER
BX-SBCSBTABV OF STATK
RMfRrNTRD VBOM ThB NATIONAL OBOORAPHtO MaOAZIITK, VOI.. X,
No. 11, NOVEMBBR, 1899
WASHIHGTOM, D. C.
JVOD &- UBTWKIJ^ltK, PRINTK1I3
1899
_)^^fJri?*A » p . «^Hi«.^l
.-;-v-'. i 4'".'
NAT. QEOO. MAG.
VOL. X, 1899, PL. XI
MAP No. 11
HUDSON'S BAY COMPANY MAP
'Ordered by the House of Commona to be printed, 3lBt July and 11th August, I80T'
^
TH t
iNational Geographic Magazine
Vol,. X
NOVKMI'.Ki:, isit'.t
No. II
THH ALASKAN BOUNUAKY
I'.y Hon. .IdiiN W. l''i)STi:if.
Kr-Si'treUir;/ <if Stale
111 till' k'ttfr(»rtlu' I'rc.-^idi'iit of tlio(i('(»<j;ra|)lii(' Society iiivitinj;
mo ly [tivpiirc ii |)!i|>t'r lorTiiK N.xiio.nal ( iKcxiu.M'iiic .M A<iAZi.\i:,
ho exi>re.<.'<oil :i (lo.>^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
pondin<f no>rotiaHons.
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(!hin<!; an
accord, and a treaty between Uussia and tin; I'nited States was
sij?ned April 17. 1^21. nearly a year hcforc an a;j;r(;emcnt was
reached with (Inat IW'itain.
The chief oltjcct had in view l>y (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 tradin<i: posts, the country was lield
in little estimation by Cireat Britain. A few navigators liad
iskirted the coast and enterprising American trailers had held
some intercourse with the Indians living imme<liately on tide-
water, but none l)ut the Russians liad i)enetrated any distance
inland. Only oiu; British trading i)ost was estal)lished in this
region west of the Rocky mountains, on the line of 55°, and
that 120 miles from the ocean, and there was not one above that
line.t
liut we are not left to infer from these historical facts what
was the ruling motive and object of CJreat Britain in opening
and prosecuting negotiations witli Russia, for these are explicitly
stated in the instructions given l)y the Secretary for Foreign
* Kiir Sfsil Arliitnitioii I'apfr.s, 18u:!, vol. iv, p. llTn, for full ti-xt of Hussiiui ukase,
t Ui., p. .'liio. I lb., p. :i»:!.
t
rni: m.axk \s iuh'sdauy
vi
All'iiirs, (Icoriit! Caiminir, tn tlu' Mritisli nt'noti.'itorH. At tin' very
iiifcptinn of till; Mc^'otiatioiis litMlirt'ctctl tlin utlciition of the lirst
iu%'()ti:itor. Sir ('Iiarlcs l5aj,'ot, to " the extravii<.'uiit aHsuin|ttit»n of
inaritinu' jiirisdii'tioii " as the esst'iitiui point to 1)0 adjiiMtcd. iind
MS Hussia Wiis prt'pari'd to waive her pn'tt-nsions, t)u; mode and
(Ic^'ree of di-avowal was to l»e so inadi^ as to least olleiid the
national diirnily of llussia.* It was thenjfon' dcteniiiiied that it
would 111' made more easy for Uiissia to retire iVom its maritime
claim under cover of a treaty of limits. This is made clear in
the instruction <,'iven hy tin; British Secretary for Koreij^n Allaire,
Decemher S. iS'il, to Sir Stratford Cannimr. who had succeeded
Mr ]{a}j;ot in tin; nejjotiations. lie says :t
"Tlic wliolc iH'trotiiUinn arrows out of llic nksifc of 1S'3I. So ciitirt'ly
and al).s(iiiitely tnu- i.s tliis jiropo^'itioii tiiat tlic scttlfiiu-iit of the limitf^of
tlie rt'spective iiossi's.xioiiH of (ircut IJritaiii and Hiissia on the northwest
const of Ann ricii was proposod hy »is as a mode of facilituliiij; the atljnst-
nu'iit of till' iliU'crences ari-^inj: from tlic uknsc hy cnaiiliiiy; the court of
liussia, uikUt cover of ti nmre compreliensive ai iiun.'enient, to willi-
(Iraw, witli less appearam- of concession, theofrensive pretensionsof thai
e.li<'t.
" It is coiijparatively indill'erent to us whettier we ii.isten or poj^tpone
all ([Mestions respecting' the limits of territorial posset'sionon the continent
of America, hut the pretensions of the Russian ukase of 1S21 to exclusive
dominion over the Pai'ilic could not c(Uitiuue lonjicr unre]peale<l without
compelling us to take some measure of puhlic and ellectual remonstrance
ajraiust it.
" You will . . ileclare without reserve that the point to winch
alone the solicitude of the iJritish i;<'vernmeut and the jealousy of the
liritisii mition altadi any importance is the doin<j; away (in a nuuiner as
little disagreeahle to Russia as po.«sible) of theeflectof the ukase of 1821.''
Near the close of this instruction, which was <juite lengthy,
Secretary Canning, impressed with the importance of the main
ohject, repeats himself in these words ;
" It remains only in recapitulation to remind yuu of the origin and
principles of this whole negotiation.
" It is not X on our part essentially a negotiation al)out limits.
" It is a demand of the repeal of an otl'eusive and unjustiliable arroga-
tion of exclusive jurisdiction over an ocean of unmeasured extent. . . .
" We negotiate about territory to cover the remonstrance upon prin-
ciple." g
With this ohject in view and under these instructions, the
negotiations were initiated at St I'etershurg. It will not be
possible to follow them in all their details, which are set forth in
* II)., 4ii."i. tn).,l4r.. I The italics ui>pciu' 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"»<n'ij,'ii (ilhcf ainl of the IJussiiui lU'^otiators witli their
uiiil)assu(l()r ill LuikIoh. 1 can only );ivc tho hfudiii^ fttaturi'H.
It hiiviii^ h(!ca tlutcniiiiifii tliat tho tmity of limits Hhoiihl Ite
a>:ri'<>(l upon uh u cover to tho inorc i-sscntial stipuhitioii to he
'"ontaiiu'd ill it. to wit, the <lisav«>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<ldle of this strait to the middle of the strait
which separates Prince of Wales and Duke of York islands from
all thii islands lyiiij,^ north of those islands, thence toward the
east throu<fh the middle of the same strait to the mainland." II
This last British proposition wa.s rejected hy the lUissiaii ne-
gotiators in a paper of some length, in which they set tortli the
situation of the parties in interest, and why it was impo.isili!' for
Kussia to modify its proposal. Tlun' show that the parties who.se
* Il>., :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-<ls the (ioast, jiiid tho Uiissiau AmcricMii Coin-
j)!iuy, wliicli was in possession of tiu; islands and niaiutaininij; a
]>rolital»l<' Iradc with tiie iiativs on the niaiii!an<l, and tiiat un-
less the latter was protected l)y a strip of tin; coast on the main-
land, that ("onipany wouM Ix' without a support [/)(>//(/ '/"'<///*/'/],
and would he exposed to the competition of establishments on
the mainlan.i which it was their purposes to exclude.' The
motive of the Russian negotiators in insistint^ upon a strip of
the coast is also shown in the re|)ort of .M. I'oletica, one of the
Russian plenipotiMitiaries, to the ministry for foi-eiun a Hairs of
the earliest conferences with Mr iiaii;ot, in which he said the Rus-
sian .\merican Company '• had mainly in view the estahlish-
inent of a harrier at which would he stopped, once for all, to
the north and to the west of tin; coast allotted to our Amer-
ican company, tlie encroachments of the lOnnlish a,<j;ents of
the . . . Hudson's Hay C'ompany" (M. I'oietica to Count
Nesselrode, November :>, 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 mi<j;ht aflord n outlet for our fur trade into the
Pa(Mfic."t He further states that his object in ))res(Mitin,i'- the
line of Clarence strait was to " preserve uninterru|)ted our access
to the Pacific ocean," and he adds that the line of tlie Portland
cluinnel " would deprive ilis Britannic Majesty of sovereijiuty
over all the inlets and small l>ays 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<ily hrolcen oH".*
Coinit Nesseh'ode sent to the Russian and)assad<)r in i-ondon
an .iccount of tlic nc^otiMtions ;nid their aiiruiit termination, a
copy of winch was lianded to Secretary ('atuun;i;. In this re-
])ort lie insists tlint Russia Iiad liione to tlie extreme <d' Iih(M'ality
in its concessions to (ireat Britain. 'I'liese were, first, an a«j;ree-
ment to disavow the maritime jurisdiction ; second, to yield its
claim to territory from latitude; ol° too|°.t()'; third, to <frant
free access to the Ih-itish posts in the interior hy the rivers which
ina>' 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<l upon the amhassador the
necessity which impelled the Kmperor to insist upon it, and
then made the following emphatic declaration : "' Russia cannot
stretch her concessions further. She will make no others, and
she is iiuthorized to expect son)e concessions on the ]»art of
England." t
The expectations of Russia were not to he disappointed, for
in tlie nu)nth following Secretar}' Canning informed the Rus-
sian amhassador in London that Sir Charles Hagot would he
instructed " to admit, with certain ([ualitieations, the terms last
propo.sed hy tlie Russian government.'' The (lualilications re-
lated to the width '*of the stri|) of land reciuired hy Russia on
the continent," to the houndary in tlu' vicinity of Mt St Elias,
and the free use of the rivers, seas, straits, and waters which the
limits assigned to Russia would comi)rehend.l In his instruc-
tions to Sir Charles Hagot, Secretary Canning said : " There are
two points which are lel"t to he settled hy Your l'];:cellency : "
the first, " the eastern houndary of the strip of land to he oc-
cupied hy Russia, on the coast," a,nd. second, the right of resort-
ing to the territory and waters conceded to Russia.!?
The second negotiations were mainly conlined to the second
point. In the interval a t/eaty had heen signed hetween Russia
and the Uniteil States, wherehy the latter had secured the right
* III., ir.. til'.. Kil. t Ih., \:V2. i 111., 4:!:!.
I
432
Til /•; ALASKA X no I Xl>. 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-
in<i; with the natives of the country." Haj^ot was instructed to
ol)tain a like privilej^e for (ireat Britain, hut to secure a lonjj;er
term tlian ten years if j)ossihle. * ]Ie thereupon inach' a demand
for the privileji;e, not for a term of ten years, hut Jorcrcr as to
the coast ahnig the strip of land (//«//tc) up to hititude ()()° and
as to Hitka, and for ten years as lo all the other Kussian territory
to the north. iUissia refused the demand on the jrround that
such a |>erpetual 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<le hy his prede-
ce.ssor, and to accept the language of the Russo-.Vmerican ticaty
as to the use of the territorial waters of the strip of land {lixlire).
This left only the eastern houudary of this strip to he definitely
fixed, it was from thes(f instructions to Canning that I have
quoted the liberal language in which occur the e.\i)ressions :
"It is not on our nart essentially a negotiation about linuts,"
and " We negotiate about territory to cover the n monstrance
upon principle." In this connection it is proper to note that in
the early stag(! of the negotiations, when Sir Charles liagot re-
ported that Russia had indicated latitude •'h)° as the line of di-
vision. Secretary Canning replied : " It does not appear . .
how far the line proposed . . . was intended to run to the
eastward. If to the Rocky mountains, it obviously would Ik;
wholly inadmissible by us;"' and later in the instruction he
says :
"It woiilil . . be ('xinMlicnt (<> 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<i. Attiiilicil to Si'iTcliiry <'iiiniiiin s iii-tnicliuii, lioni whicli iIji'mIm. ,•
qiliitiiliiiii is taki'ii. is :i litter In liiiii Hoiii till' ilfpiity tciiMMimr 111' till' IIuiImiiis Itiiy
t'imiliMiiy ( 111., 4'Jl I, shiiwiiin tlint the siiKKi'stioii uf ii strip .Mi tu Iimi mill's in wiiltli
oriKili'''tt''l with llmt luliipimy. He siiy.>< : " 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
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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/.
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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 (■•<iipra,
p. 431). Secretary Canning referretl to "the mountains which run
parallel to the coast and whic^h ai)[)ear, according to the map, to
follow all its sinuosities,'' but he aslcs the British i)lenipotentiary
to explain to his Russian colleagues the ditlieulty had with the
United States arising out of the maps of the eastern side of the
continent, on which mountains were laid down and which were
found afterwards to be ({uite diilerently situated, and he adds :
" Should the maps be no more accurate as to the western than
as to the eastern mountains, we might be assigning to Russia
immense tracts of inland territory where we only intended to
give, and they only intended to ask, a strij) of seaeoast." 1 The
British minister's fear was, as Ave have seen, lest an invariable
line of '• the summit of the mountains " nught carry the IJus-
sian line even to the Rocky mountains, and it was to avoid such
a contingenc}'^ that he insisted on a specific limit to tlie Russian
strip of the mainland. The Russian negotiators reluctantly
yielded to the Jiritish view and the treaty was concluded.
The corres[)ondence ind documents thus reviewed by me
4f I
m »
* Koiiml iii FiirSr-al !>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.)
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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>iijiiii<j: to tlieir respective suhjeets,
shall iHUtiially l)e at liberty to fre(iuent, without any hindrance
whatever, all the inland seas, the .uulfs, liavens, and creeks on
the coast mentioned in article o foi' the ])uriK)ses of iishinu- and
of tradin<r with the natives." I have already referred to. the
fact that the ne.ifotiations were broken ofl' because the British
])leni[)otentiary insisted that the liberty to frequent tliose ''in-
land seas, uulfs, havens, and creeks" should be made perpetual,
and that the negotiations were renewed upon the basis of the
jirivilege granted in the IJusso-Americau treaty of 1824, the lan-
guage of article IV of which, as -Secretary Canning informed Sir
Charles ]}agot,* Avas copied into the Hritish treaty. This ten
years' privilege is inconsistent with any other interpretation of
the treaty than the complete sovereignty of Russia over, not
only a strip of territory on the mainland which follows nround
the sinuosities of the sea, but also of the watei's of all liavs or
inlets extending from the ocean into the mainland. This is
the more manifest when the subseijuent history respecting the
jtrnvision of article I \' of the American and article VII of the
]>ritish 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<iitude, and thence following; that lonnitncle to the
Arctic ocean. Along- this line on the map is inscribed the legend :
'''Lliiiilt's (Ics Po.'<s('s-sioiis Russes ct .1 uf//a^^7^s', (V(ij)res In Trail!' dc
18:2')^^ (see map Xn. 4). So far from this map exciting any
])rotest or criticism its delineation was ado{)ted i'.nd followed l»y
the cartographers of His Jiritannic Majesty, of the government
of Canada, and l)y all the nuvp-makers of the world. John
Arrowsmitli, the most authoritative cartographer of London,
whose map was used hy the British negotiators of th" treaty of
1825, pul)lished a map of the northwest coast in lS,'5-_>. 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 forei<!;n affairs."
It will be seen that on this map is inscribed the line of the
" Traite enlre Ui Russle el V Anyleterre du 28 Fevrier, 1825,''^ as in-
dicated on the Russian imi)erial map (see map No. 8).
No map accompanied the treaty of 1867 between lUissia and
the United States for the cession of Alaska, but immediately
after it was signed the .Secretary of State caused a map to be
compiled and published to indicate the territor}'^ acquired by
that convention, and it delineates the strip of territory on the
mainland just as it had been claimed by Russia forty years before
(see maj) No. 9).
A multitude of maps might be reproduced to show that, with
the exception of certain maps published in British Columbia
in and after 1884, all such publications, whether emanating
from 1- ritish and Canadian or from disinterested foreign sources,
from tU;^ time the treaty of 1825 became known up to the meet-
ing of the Joint High Commission in 1S98, were of the same char-
acter as those already described and re[)roduced ; but I will
limit m^'self to one of the most recent. This was published
in the ScoUish Geographical Magazine, Edinburgh, the July
number, 1808, to accompany an article entitled '" The Yukon
District, b}- \Vm. Ogilvie, astronomer and land surveyor." This
map, it will be seen, lays '.own the line according to the Amer-
ican claim (see map No. 10). It is not cited to establish
any authoritative fact, but sim[)ly to show tliat even after the
Joint High Coin mission had been agreed upon the best informed
liritish cartogra[)hers had not become aware of any coniiictiug
clain\.
Soon after the expiration of the ten years' privilege enjo3'ed
by British vessels and traders to visit " the inland seas, the
gulfs, havens, and (U-eeks " enclosed by the Russian strip on
the mainland, an important event occurred which is decisive of
t^'.e interpretation of the treaty given to it by the two nations
who were the contracting ])arties. I have referred to the two
competing trading companies in whose interest the negotiations
were carried on and for whose benefit, mainly, the treaty was
made. The Russian American Company, which was the virtual
government of the territor}"- of Russian America, is described
4i4
THE ALASK.W ItOlSDMlY
by Bancroft in his '• History of Alaska " as a " powerful monop-
oly, Hrnily estal)lishe(l in the favor of the imperial government,
many nobles of liigh rank and several members of the royal
family being among its shareholders." Tlie corresi)ondence
shows that the Russian negotiators were chiefly concerned to so
frame the treaty as to meet the wishes of the rei)resentatives of
this company, which was in intimate conference with them at
St Petersburg.
The Hudson's Jiay Company is so consi)icuous a part of the
history of British North America that I need hardly refer to its
part in tlie government and (leveloi)ment of that vast region of
our continent. At the date of the negotiations it liad recently
absorbed its rival, the Northwest Company, and it was at the
height of its power and iniluence. It was the only representative
of British authority in all the region west and north of the i)rov-
ince of Ontario at that date and for several years after the middle
of the i)resent century. The liritish negotiators of the treaty of
1825 were influenced almost entirely in their negotiations l)y
the views and interests of this company. Its representatives
were in constant communication with Secretary Canning ])y
personal interviews and by letters ; the boundary line which
they recommended was accepted and urged l)y tlie Jiritish gov-
ernment; and when negotiations were broken oil' they were not
resumed till this company was heard from, and its views were
again adopted and i)ressed.* It is safe to assert that no one
understood so well as the ofUcials of these two companies the
territorial rights of their respective governments and subjects
secured l)y the treaty.
A l^ritish vessel in the service of the Hudson's Bay Compan}',
the /)/7/af^, reached the liussian post of Fort Wrangell. destined,
as it was alleged, for the Jiritish territory in the interior, at the
headwaters of the Stikine river. The vessel was detained and
not allowe(l to proceed on its voyage. The British government
protested to the Russian government and presented to it a large
claim for damages. The Russian government, being hard pressed
by the British minister, urged the Russian American Company
to come to some settlement witli the Hudson's liay Comi)an3%
and theretipon the governor of the latter, and one of the direct-
ors of the former company, Avith the express authorization of
the two governments, met at Hamburg in 18^9. As a result of
their conferences the Russian American Company agreed to lease
*Fur Seal Ailiitratioii I'tipcrs, vol. iv, pp. llHii, :!.s:l, 3S7, 417, 41',i, 421, 4:!1.
» I / '^
I
/
"'^-■^/y,.
^"ff„
63
MAP No. 8
-3
3
'J
-; — »
•/3
■3
■J
-3
0)
O
Till': ALASKAN BOUNDARY
447
to the TIikIhod's Hay C!i)in|)aMy the. strip of territory on the main-
land and " all the hays, inlets, i^stuarii^s, rivers, or lakes in that
line ofeoast" seenred to Ilussia under the treaty, in considera-
tion of tile abandonment or satisfaction of the claim for damages
on account of the Dryad, and also of an annual jiayment hy the
Hudson's T^ay Company.* This h'ase was approved by both the
Russian and British governments, and in accordance with its
terms the IFudson's Bay ('ompany (entered upon and occupied
the strip of territory, and at the expiration of the term of years
stated the lease was, with the ap|)roval of the two governments,
extended for another lik(^ term, and afterwards prolonged to
al)out ISG").
The plenipotentiary on 1)ehalf of Great Britain and the Hud-
son's liay Company who negotiated and signed this lease was
Sir (leorge Simpson, governor of the JIudson's Bay Companv,
who had assumed that ofUce five years before the treaty of 1825.
He was fully conversant with the negotiations, and, as he testiP.ed
before the Parliamentary committee, was familiar witli the leased
strip of territor}-, having traveled over it in the course of his
duties as governor. The language of the lease is sulliciently ex-
])licit as to the particular territory and waters to which it applied,
but we have in addition an authoritative ocular proof of what
land and water this lease embraced.
In 18o7 a select conunittee of the House of Commons of the
British Parliament was appointed "to consider the state of those
British possessions in North America which are under the admin-
istration of the Hudson's Bay Company, or over which they
possess a license to trade." t Among the members of this com-
* Till' t'dlldwin^r is a (H)iiy i>l' ;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(!()r<je Sini|)son was examined l)efore
tliis committee and was (puistioned in detail respeetinj; the lease,
ami his testimony conlirms the fore«i;oin<i; statement. To explain
and aeeompiiny his testimony, lie exhil)ited to tiie committee a
niMp of the territory in question, and said : " There; is a margin
of coast, marked yellow on the map, from h\° 40' up to Cross
sound whi(di we have rented from the Russian American Com-
})any for a term of years'';* and he proceeded at some lenj^'tii
to explain the territory and the reasons for the lease.
No (juestion was raised hy any memlxM' of the committee, or
by the representative of Canada, as to the validity of the lease
or to the correctness of the map, which was printed as a part of
the report sul)mitte(l to ParlianuMit. An c^xaminiition ol' this
map will show that the leased strip of territory is continuous,
and is carried around all the inlets and interior waters, in con-
formity with the present claim of the Cnitcil States (see ma[)
No. 11). This lease was followed by another act on the part of
the two <;()vernments (u)n(irmin<j; their approval of the transac-
tion. During the Crimcnin war, at the retjuest of the two com-
l>anies, 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
<i»
»\ »
THE A LASKA N BO UXDA R Y
40 1
the failure of the Unittid States Congress to vote tlie appropria-
tion.* 'I'his fact is cited to show that in 1S72- o the Britisli and
Canadian oflicials understood that tlie eastern houndary of the
strip crossed the rivers named at some 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';iili<riitoiie(l s^tiUosmcii ami jtiri^^ts liavc loii^ licld its iiisi<j:iii (leant all
titU'S of territory that aro not foiincl('(l on actual oirupation, and that
titk' is, ill the oniiiioii of tiie most csti'Ciiu'il writers on piililic law, to he
established by practieal use.'' t
Tliere is no claim or pretense that the Hritish authorities or
subjects ever occu])ied any of the territory now in dispute ex-
ce|)t under the lease cited, or ever <!xercised or attemi>ted 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*tM</;» Vt'/'ti' f //if 'f/
^
f
llij
■■K
I
1
THE MASK AX BOUNDARY
455
States and Canada. tSoon after the commission met at Quebec
on August 23, 1898, it was made known for the first time that the
Britisli government would claim tliat the boundary line should
run from the extremity of Prince of Wales island, along the
jiassago known on modern maps as Pearse canal, to the head
of Portland canal, thence directlj' to the coast, and follow the
nearest mountains to the coast, crossing all the inlets of the sea,
up to INIount St Elias. Such a line woi'l i give the United States
a strip of an average width of less than hve miles, broken at short
intervals by the arms of the sea, and would transfer the greater
portion of all the inlets to British territory (see map No. 12). As
the Canadian government, with the consent of the British Foreign
OHice, has made public the protocol orofUcial journal of the Joint
High Commission, showing the result of its deliberations on the
boundary,* I violate no diplomatic proi)riety in referring to these
facts. The })rotocol shows that, after sessions of several months,
the connnissioners were unable to agree. In a failure of concur-
rence as to the language of the treaty of 1825, one of the two meth-
ods of adjustment was proposed b\' the British commissioners.
The first was a conventional boundary, by which Canada should
receive, by cession or perpetual grant, Pyramid harbor, on Lynn
canal, and a strip of laud connecting it with Canadian territory
to the northwest, and the remaining l)oun(lary line to be drawn
in the main conformable to the contention of the United States.
The American commissioners, not being prepared to accept this
])roposition, the alternative was submitted by the British com-
missioners of an arl)itrati()n of the whole territory in dispute, in
conformity with the terms of the Venezuelan arbitration, and in
response to an inquiry from their American colleagues whether
the selection of an umpire from the American continent would
be considered, the British connnissioners replied that the}' would
regard such a selection as most objectionable.
The American commissioners declined the Tiritish ])lai? of
arbitration, and stated that there was no analogy between the
])resent controversy and the \'enezuelan disi)ute; that in the
latter case the occupation of the territory in question had from
the beginning been followed bv the constant and rei)eated \ivo-
tests and objections of Vene/Aiela, and the controversy was one
of long standing; but that in the case of the Alaskan territory
♦ Fourtli session, 8tli Ptiiliiiment, 62 Viotoriii. \»m. Protocol No. LXIII of the Joint
Hinli Commission, Wasliington, ri'spoctinu the lioiimliiry botwocn Alnslca and Ciinail.i.
Piintod by oiilur of I'ailiaiiHMil, Ottawa, \KV.\.
456
THE ALASKAX BOrXDARY
there liatl been u peaceful and undisputed occupation and exer-
cise of sovereignty for more tlian seventy yenrs, and tliat no
question respc;(!ting this oceui)a,tion and sovereignty liad l^eeu
raised l)y the Britisli government until the present commission
had l»een created. They challenged their Ih'itish colleagues to
cite a single instance in history wliere a subject attended with
such circumstances liad been submitted to arl)itration, and in
declining the British proposition they proposed the plan of set.
tlement which had l)een framed l)y Secretary Olney and Sir
Julian Pauncefote in 1897. The treaty wliich these two distin-
guished statesmen framed so carefully n.arked the most ad-
vanced stage yet attained for the peaceful settlement of inter-
national questions not susceptible of adjustment by dij)lomatic
negotiation. In that convention, drafted with a view to " con-
secrating by treaty the ])rinciple of international arbitration,"
they provided that all such questions should be submitted to
arbitrators and an umpire, except territorial claims. They
recognized that territorial questions atlected so vitally the sov-
ereignty and honor of nations that as to them a different method
was necessary, and they provided that these should be sub-
mitted to a triimnal of three judges of the highest standing in
eacb country, and that a l)in(ling decision could only l)e ren-
dered by a vote of five of the six judges.* The American
commissioners embodied this plan in their i)ro])osition for the
settlement of the Alaskan boundary dis})ute, with tlie modifica-
tion that a binding decision miglit be rendered by four of the
six judges.
This proi)osition was rejected by the British commissioners,
and, no other {)lan being brought forward, the Joint High Com-
mission adjourned with the understanding that the boundary
question should be referred back to the two governments for
further diplomatic negotiations.
* r. S. Diiiloinatii; C<)i'vc<p(iniloiico, ISOO, iirt, vi of ti'o:ity, y. 2:1'.).
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