Glass VWl^ Book . :S11 ^'^ 2 PRESErTrED BY LETTERS AND PAPERS RELATING TO THE ALASKA FRONTIER LETTERS AND PAPERS RELATING TO TH E ALASKA FRONTIER EDITED BY EDWIN SWIFT BALCH A. B. (Harvard) Member op the Philadelphia Bar PHILADELPHIA pRBSS OP Allen, Lanb & Scott 1904 p. V o INTRODUCTION. During the last years of the nineteenth century, the Canadians began to claim more and more forcibly territory on the coast of Alaska which had always been considered as part of the United States, until finally there seemed to be danger of a clash between American and Canadian miners in their search for gold in the region of the Chilkat River. In 1899, Great Britain grew very anxious for an exact delineation of the boundary in that locality, because of the growing troubles in South Africa, and the modus vivendi oi October 20, 1899, between the United States and Great Britain, arranged for a temporary boundary around the head of the Lynn Canal. The United States with- drew her posts at three points and Canada ad- vanced hers correspondingly. It was the United States that made all the concessions in this arrange- ment and in so doing it acted most generously to- ward the British Empire, for on October 11, 1899, war had begun in South Africa between the English and the Boers, and Britain was in an awkward position. My brother, Mr. Thomas Willitig Balch, thought the modus vivendi — which yielded tempo- rarily to Canada so much of the territory of the lisiere to which the United States were justly en- titled — so very one-sided, that he began a careful VI INTRODUCTION. study of the unsettled status of the eastern frontier of the Alaska lisiere. A short examination soon convinced him that it would be difficult for the political men and the newspapers of the United States to form, from the then accessible data, a fair and adequate opinion, and in order to prevent, by any mischance, the giving away to the Cana- dians of any American territory or ports on the northwest coast above fifty fotir forty, it seemed well to my brother to publish in a connected form at least the more important evidence, and place it in the hands of some of the leading political men and newspaper editors of the covmtry. In the summer of 1900, a visit to Alaska, and the next summer to Europe, resulted in the finding of valuable and important evidence. This matter was embodied in two papers. One of these, La Frontiere Alasko-Canadienne, was printed as the initial article for 1902 in La Revue de Droit Inter- national et de Legislation Comparee of Brussels, and the other. The Alasko-Canadian Frontier was published in The Journal of the Franklin Institute of Philadelphia for March, 1902. This latter article was reprinted and copies were sent in the spring of 1902 to all the members of the Fifty- seventh Congress, then in session, and from many of those gentlemen, both Senators and Congressmen, letters of thanks were received. Copies were sent also to President Roosevelt by personal friends of his. Ten thousand copies were distributed throughout the United States. Many of the leading papers of the country reviewed and approved of the pamphlet INTRODUCTION. VU in their editorial column, and the Hon. Charles F. Cochran, member of Congress from Missouri, introduced the entire article early in 1903 into the Congressional Record. After additional information was fotmd in the summer of 1902 at Saint Petersburg and other places, a larger work. The Alaska Frontier, was printed in February, 1903, and sent during the extra session of the Senate to all the members of that body, to ex-Senator Turner; and then to ex- President Cleveland, and other gentlemen who had held high office under the Government. From a large number of these gentlemen letters of acknowl- edgment and thanks were received. Both The Alasko-Canadian Frontier and The Alaska Frontier were sent, at the request of Covmt Cassini, the Russian Ambassador, to the Emperor of Russia. Among the gentlemen from whom aid was re- ceived in collecting information, but who could not be named earlier, was the late Hon. Frederick W. HoUs, of New York, a member of the United States Delegation at the Hague Peace Conference in 1899. This collection of letters and papers is printed now to show something of the development of public opinion on the Alaska frontier question. The facts in the case were not accessible to the public until the publication of The Alasko-Cana- dian Frontier and The Alaska Frontier. But when the newspapers and the public men of the United States had the facts set squarely before them in these books, the numerous articles and the vigor- ous editorials in the press showed the tide of public Vlll INTRODUCTION. Opinion rising in opposition to any possible giving away of United States territory. It was the in- fluence of these editorials, and the fact that the data were accessible to everyone, which made it imperative for the United States Government to insist on a Court of Adjudication instead of a Court of Arbitration. The Alaska Frontier was in the hands of the members of the Court and of the counsel on both sides and although the decision that the Court handed down was really a diplo- matic compromise, in that it yielded Wales and Pearse Islands to Canada and brought the frontier across the Stikine River too close to tidewater, yet that award did not cut the American lisiere in two by giving up a port in American territory. The United States should always be grateful to Lord Alverstone for deciding as he did, but it would have been difficult for him not to do so, in view of the facts which were clearly set forth before him in The Alaska Frontier. EDWIN SWIFT BALCH. Philadelphia, January loth, 1904. CANADA AND ALASKA.^ To the Editor of The Nation: Sir: — A short time since, the Toronto Globe printed a rumor from Ottawa that Canada was about to press again her recent claim to a portion of Alaska, and a second time to urge the United States to submit this demand to the arbitration of foreigners for settlement. But there is nothing in this demand to arbitrate. Russia and England, after protracted negotiations, agreed by treaty, in 1825, upon a line to divide their respective North American possessions. This frontier was drawn from the Arctic Ocean, along the meridian of one hundred and forty-one degrees west longitude to Mount Saint Elias, and then was to follow the crest of the mountains running parallel to the coast, to the head of the Portland Canal, and down that sinuosity to the ocean in fifty-four degrees forty min- utes north latitude. But if at any point the crest of the mountains proved to be at a greater distance than ten marine leagues from the shore, then the frontier should run parallel to the sinuosities of the coast at a distance of ten marine leagues inland, but never further than that from the shore. This gave to Russia a strip of territory, or lisiere, from Mount Saint Elias to the -Portland Canal of suf- ficient width to entirely exclude the British Empire ' The Nation, New York, January 2, and The Evening Post, New York, January 4, 1902. 2 LETTERS AND PAPERS RELATING TO from any access to tide water above fifty-four degrees forty minutes. And that England was so excluded from contact with the sea north of fifty-four degrees forty minutes, the English and the Canadian Govern- ments recognized, both on their maps and by the acts of their officials. This strip of territory, or lisi^re, be- came ours when we bought Alaska in 1867 from Rus- sia, and we succeeded to all her rights of sovereignty. If the claim of Canada — that she is entitled to many outlets upon tide water above fifty-fotir degrees forty minutes — were submitted to arbitration, and the judges decided anything in favor of Canada, it wotdd be a clear gain for her. And if the judgment gave Canada but a single port, like Pyramid Harbor or Dyea on the Lynn Canal, for instance, the present and future value to the United States of the Alaskan lisifere would be greatly impaired. The evidence in the case is all in favor of the United States, and shows that they are entitled, by long, uninterrupted occupancy and other rights, to an unbroken strip of territory on the main- land from Mount Saint Elias down to the Portland Canal. There is no more reason for this country to agree to refer its right to the possession and sovereignty of this unbroken Alaskan lisiere to the decision of for- eigners, than would be the case if the English Empire advanced a demand to sovereignty over the coast of the Carolinas or the port of Baltimore, and suggested that the claim should be referred to the judgment of the subjects of third Powers. Whether the frontier should pass over a certain mountain or through a given gorge is a proper subject for settlement by a mutual THE ALASKA FRONTIER. 3 survey. But by no possibility has Canada any right to territory touching tide water above fifty-four de- grees forty minutes. The United States should not consent to submit such a proposition to arbitration. T. W. BALCH. Philadelphia, December 27th, 1901. CANADA AND ALASKA.' To the Editor of The Nation: Sir:— Your correspondent, T. W. Balch, states that there is nothing to arbitrate in the dispute between Canada and the United States over the boundary be- tween Alaska and our Northwest Territories. Whether this is so may be learned from the notes exchanged between the United Kingdom and the United States upon the subject up to and including those of Oc- tober 20, 1899, fixing a provisional boundary. Here it will be found that the problem at issue involves the interpretation of a treaty made between England and Russia in 1825, whose terms are ambiguous, re- quiring for their true construction a consideration of the state of geographical knowledge at the time the document was signed, a reference to the correspond- ence which led up to it, and the application of well- known principles of international law. Article III. of the treaty provided that, from a cer- tain point at 56 degrees north latitude, "the line of demarcation shall follow the crest of the moimtains ^The Nation, New York, January i6, and Tlte Evening Post, Janu- ary 18. 4 LETTERS AND PAPERS RELATING TO situated parallel to the coast, as far as its point of intersection with the 141st degree of west longitude." The whole region is highly motmtainous, and the ques- tion arises, What are the mountains whose crest is to be followed? Article IV., section 2, provides that where the cr-est of the mountains is more than ten miles from the shore, the line shall be drawn parallel to the sinuosi- ties of the coast, but never to be more than ten ma- rine leagues from it. Upon this ground the United States raises the contention that the boundary is in- tended to be throughout not less than thirty miles from the ocean, whereas the language of the docu- ment is "not more than." Further, the question arises. What is the "coast" spoken of? In the negotiations which preceded the treaty of 1825, the Russian plenipotentiaries distin- guished between the "coast" of the main ocean and the shores of inlets. Canada takes her stand upon the sense in which the term was used by those who drew up the treaty. Is that position so clearly wrong that it is not even open to argument? Your correspondent says: "The evidence in the case is all in favor of the United States, and shows that they are entitled, by long, uninterrupted occupancy and other rights, to an unbroken strip of territory on the mainland from Mount Saint Elias down to the Portland Canal." Why, then, is the United States un- willing to submit its claims to an impartial tribunal? Canada sought to have this frontier ascertained in 1872, shortly after the purchase of Alaska by the United States, but withovit success, although Hamil- THE ALASKA FRONTIER. 5 ton Fish, the Secretary of State, was favorable. In 1892 an international survey commission was appointed to ascertain facts and data, and the commission made a joint report on December 31, 1895, accompanied with elaborate maps and photographic views. Up to this time Vancouver's maps, made in 1792, were the standard and only original authority, except that the shores of the Lynn Canal had been surveyed in 1881. In 1898-99 the British delegates to the International Commission, including Lord Herschell, offered certain terms to the United States, and, in the event of these not being acceptable, they expressed their willingness to refer the whole question to arbitration on the lines of the Venezuela boundary treaty. That treaty pro- vided that adverse holding for fifty years should make a good title, and also that such effect should be given to occupation for less than fifty years as reason, jus- tice, the principles of international law, and the equi- ties of the case required. The United States Commis- sioners refused both offers, making, however, a coun- ter-proposal that, in the event of their consenting to arbitration, it should be provided beforehand that the settlements on tidewater made on the authority of the United States should continue to be American terri- tory, even though they might prove to be on the British side of the line. In other words, they de- manded that Canada should yield her rights as a pre- hminary condition to having those rights determined. The claims put forward by Canada are made in good faith, and based upon grounds which, if dis- putable, are none the less solid. The issue is pre- cisely of the kind to which arbitration is suitable. O LETTERS AND PAPERS RELATING TO Yet the United States, which insisted upon arbitra- tion in the Venezuela boundary difficulty, refuses it here, acts as judge and advocate in its own cause, and decides that there is "nothing to arbitrate." R. W. SHANNON. Ottawa, Canada, January ii, 1902. FACTS ABOUT THE ALASKAN BOUNDARY.' To the Editor of The Nation: Sir: — As Mr. Balch, in common with almost all the writers and speakers in this country who touch upon the matter, has much befogged the real points at is- sue, I earnestly hope that you will permit me, through your columns, to give a brief statement of the facts upon which Canada bases her claim. They are as fol- lows: (i.) That the strait now called Portland Channel, through which the United States have run their line of demarcation, is not, and cannot be, the Portland Channel referred to in the Anglo-Russian Convention of 1825, upon which the title of the United States to their Alaskan territory is founded; and that, in con- sequence of this erroneous assumption, Canada has been deprived of a large extent of territory rightfully belonging to her. (2.) That, in running their line of demarcation ten marine leagues from the shores of every inlet that debouches from the seacoast, instead of from the sea- coast itself, the United States have violated the true ^The Nation, January 23, The Evening Post, January 27, 1902. THE ALASKA FRONTIER. ^ intent of the treaty; these inlets being, in fact, but narrow fjords, only a few miles in width at their greatest extension, and in no sense being a part of the coast proper. In support of the first contention, I would refer to the words of the treaty itself. In laying down the line of demarcation, it says: "A partir du point le plus meridional de I'ile dite Prince of Wales, lequel point se trouve sous le paral- l^le du 54me degre 40 minutes de latitude nord, et entre le i3ime et le i33me degre de longitude ouest, la dite ligne remontera au nord le long de la passe dite Portland Channel, jusqu'au point de la terre ferme ou elle atteint de 56me degr6 de latitude nord; de ce dernier point la ligne de demarcation suivra la crSte des montagnes situees parallel^ment k la cote, jusqu'au point d'intersection du i4ime degr6 de longitude ouest, etc." Now I affirm that no unprejudiced person who reads the above and afterwards consults a map of the ter- ritory involved, can say that they furnish sufficient evidence to establish the claim of the United States. By the terms of the treaty, the line of demarcation is to begin at the southernmost point of the Prince of Wales Island; from that point it is to ascend to the north along a strait called Portland Channel until it reaches a point on the mainland where it attains the 56th degree of north latitude. Does the line as laid down by the United States do this? Not by any manner of means! Instead of ascending to the north as the treaty says it shall do, it actually descends, passing along a line o little south of east, for a dis- 8 LETTERS AND PAPERS RELATING TO tance of one hundred and thirty miles! Then, and then only, it begins to meander northward. So far, it must be clear to the unprejudiced inves- tigator that there is something wrong either with the treaty or with the American interpretation thereof. Let us see, then, what other interpretation is possible and reasonable. Turn again to the map, and place one end of a ruler upon the southernmost point of Prince of Wales Island, which, as we have seen, is the place where the line of demarcation begins, the other end pointing northward. It will be seen that it follows very nearly the course of the eastern arm of a channel marked upon some maps as "Clarence Strait." This channel actually terminates at the prescribed latitude of 56 degrees north, which the one now called Portland does not. I say it will be found that the ruler very nearly follows the course of this channel; it does not quite, for it cuts off some outlying edges of the island. It is this fact which furnishes one of the strongest proofs of the correctness of Canada's claim. Taken in con- nection with a clause of the treaty which provides "que rile dite Prince of Wales appartiendra toute en- ti^re h la Russie," it shows almost conclusively that this strait, and not the one now so designated, was referred to in the treaty by the name of " Portland Channel." The only possible explanation of this clause is that the line of demarcation as laid down in the treaty, if strictly followed, would leave some part of the island outside of the territory assigned to Russia, and there- fore this provision was inserted in order that it might THE ALASKA FRONTIER. 9 retain the whole. This explanation accords with the hypothesis that the line of demarcation was intended to pass through the strait now called "Clarence," and not the one now called "Portland," for if the line ran through the latter, there would be no need of a spe- cial clause to preserve the whole island to Russia, for every part of it would be at least a hundred miles inside the territory assigned to that country. With regard to the second contention on behalf of Canada, the question turns upon the true meaning of the word "sinuosities" which occurs in the treaty. Does it mean, as is claimed it does by Canada, that the line shall follow the coast proper, or that it shall follow up every narrow inlet, one of which at least runs into the mainland for over a hundred miles, and the upper part of which no more resembles the sea- coast, than do the Palisades of the Hudson? This sec- ond contention is also strengthened by a clause in the treaty which grants to Great Britain the right to "free navigation" of all these inlets. Of what use would this be did she not own their upper reaches? As to the first, it is not at all unlikely that the name Portland Channel was anciently applied to a dif- ferent strait from the one now known by that name. A similar confusion occurred many years ago when, in an attempt to delineate the boimdary line between the United States and British possessions, the ques- tion arose as to what was the stream referred to in the treaty by the name of St. Croix River. The dis- pute was settled to the satisfaction of both parties. Mr. Balch claims, as other writers and speakers have done, that the United States is "entitled by lO LETTERS AND PAPERS RELATING TO long uninterrupted occupancy to an unbroken strip of territory on the mainland, etc." If my memory serves me aright, a similar claim was set up on behalf of Great Britain in the Venezuelan matter, which claim was received with indignant remonstrance in this coun- try as being an instance of British arrogance. Amer- ica of course is incapable of arrogance. In any case this plea is beside the question, for there happens to be a clause in the treaty made to fit this possibility, which clause expressly denies prescriptive rights to either party. I am, Mr. Editor, respectfully yours, ARTHUR JOHNSTON. Santa Ana, Cal., January 8, 1902, THE ALASKAN BOUNDARY.* To the Editor of The Nation: Sir: — Is it too much to ask that gentlemen who propose to instruct the public as to the meaning and scope of an international treaty shall first inform them- selves as to the history and object of that treaty, and shall quote it without omitting essential qualifying clauses? This question is suggested by certain recent correspondence in your columns, especially a letter signed Arthur Johnston in the issue of January 23. The history of the treaty of St. Petersburg made in 1825 has been fully set forth by the writer in 1889; and more recently, from a study of the unpublished documents, the Hon. John W. Foster has given an *The Nation, January 30, and The Evening Post, February i, 1902. THE ALASKA FRONTIER. II account of the negotiations which led up to it, the object insisted upon by Russia and finally conceded by Great Britain, and other details. This statement has not been and cannot successfully be attacked on the score of accuracy and fairness. To this inquirers should be referred, as neither your space nor my time permits of an extended restatement here. The so-called "claims of Canada" arose from the fact that the exclusion of Great Britain from the sea between Skagway and Port Simpson, which was the effect of the treaty, has become inconvenient to Can- ada now that the hinterland of the Northwest Terri- tory is being developed. This led some ill-informed individuals to propose an interpretation of the treaty, aided by some obscurity in its terms, which interpre- tation, to obtain plausibility, requires (i) the total ignoring of the history of the treaty, written and car- tographic, and of the mutual action of the parties to it after it had been signed; (2) that, when the treaty says Portland Channel, it must be assumed not to mean Portland Channel; (3) that when the treaty pur- ports to convey a continuous strip of coast {lisiere de cote) it must be assumed to mean broken patches of coast interrupted by foreign territory; (4) that when the treaty directs that a line shall follow the sinuosities of the coast {paralUle aux siniwsites de la cote) it shall be interpreted as meaning that the Hne shall be drawn disregarding these sinuosities. • What we may ask, is the value of any treaty if it be subject to such interpretations? I believe I am correct in stating that the British Government has never officially adopted these propositions, though col- 12 LETTERS AND PAPERS RELATING TO onial politicians have used them for their own pur- poses; and, by constant reiteration, it is probable that many well-meaning but ill-informed persons may finally come to believe, in defiance of the real facts, that there is something reasonable and even equitable in these hypothetic interpretations. In addition to hypotheses, Mr. Johnston is guilty of direct error in several instances when it would be in- ferred he had the treaty before him. He says that a clause in the treaty "grants to Great Britain the right to 'free navigation' of all these inlets" and asks, "Of what use would this be did she not own their upper reaches?" The truth is that the treaty grants this privilege for a term of ten years. If she "owned the upper reaches" of the inlets, she could hardly have been excluded from them at any time. With regard to the name Portland Channel, or inlet, its history is short, definite, and precise, and the contrary assump- tion is utterly baseless. Its location and character were settled by Vancouver, who first mapped it, and have never been in doubt since. Mr. Johnston also states that there is a clause in the treaty "which ex- pressly denies prescriptive rights to either party." This is untrue. The only clause which gives even a color of plausibility to such a statement is one in which the contracting parties agree not to make settlements in each other's territory. In pursuance of this, Rus- sia made a settlement on one of the Gravina islands within a few miles of Portland Inlet and the British post of Fort Simpson, and her right to do so was never questioned. When the Hudson Bay Company tried to erect a post surreptitiously on Wrangell Island, they THE ALASKA FRONTIER. 1 3 were ignominiously driven away by Russian naval forces. But, we are asked, why are you not willing to ar- bitrate this question if the case is so clear? In the first place, we may well wait until these preposterous hypotheses are officially adopted by Great Britain be- fore we consider arbitration as in question at all. Secondly, arbitration, unfortunately for the world's peace, has not of late upheld the ideal character with which it was formerly endowed. The result of the Delagoa Bay arbitration has been fitly described as an international scandal. The United States, secure in the possession of her rights, may well wait until they are attacked in good faith by more redoubtable adversaries than colonial Jingoes. WM. H. DALL. Washington, January 28, 1902. CANADA AND ALASKA.' To the Editor of The Nation: Sir: — ^The present contention of Canada about the Alaskan frontier, which she brought up at the Quebec Conference in 1898, is that she is entitled to many outlets upon tide-water above fifty-four degrees forty minutes north latitude; and the possession of even only one such outlet on the Lynn Canal would serve her purposes admirably well. The United States, on the other hand, as Russia before them, have always maintained that (by Articles III. and IV. of the Anglo- Muscovite Treaty of 1825), no matter whether the "The Nation, February 6, and The Evening Post, February 7, 1902. 14 LETTERS AND PAPERS RELATING TO frontier pass over a certain mountain top or through a given gorge, yet it is at all points far enough in- land to entirely cut off the British empire from all contact with tidewater above the Portland Canal, which debouches into the ocean at fifty-four degrees forty minutes. And this view of the United States has been supported in the past and not so long ago either, by both the British and the Canadian Governments. In the early course of the negotiations between Russia and England in the years 1823 and 1824, Sir Charles Bagot fought strenuously to keep open for Britain an outlet upon tide-water as far up above fifty-four degrees forty minutes as possible. But to all his propositions, including his last one that the frontier should pass from the southern extremity of Prince of Wales Island up through Clarence Straits, which wash the eastern shore of Prince of Wales Is- land, the Russians would not agree. And finally Eng- land, represented by Stratford Canning, yielded the point and agreed on the Portland Canal as a botmd- ary. As to what sinuosity Count Nesselrode, M. de Poletica, and Stratford Canning meant by the Port- land Canal, when they negotiated and concluded the treaty of 1825, may be seen by looking at Vancou- ver's chart, upon which is marked clearly " Portland Canal." And the map of the "Northwestern Part of the Dominion of Canada," published by the Surveyor- General at Ottawa, in 1898, agrees with Vancouver and the United States as to where is the "Portland Canal." In 1872 Sir Edward Thornton, acting on his in- structions from the British Foreign Office, which was serving as the intermediary for the Government of THE ALASKA FRONTIER. 1$ Canada, proposed to Secretary Hamilton Fish the ad- visability of having a survey made of the territory through which the boundary ran, so that the frontier could be located exactly, and Mr. Fish thought well of the idea and said that he would urge Congress to provide funds for such a survey. At that time no mention was made of Canada's present claim, that she is entitled to the upper part of many or all of the fiords or sinuosities that cut into the mainland above fifty-four degrees forty minutes. On the con- trary, the Surveyor-General of Canada, J. S. Dennis, in a written commtmication in 1874 to the Minister of the Interior of the Dominion, gave his opinion that it would be sufficient at that time to determine ex- actly the points at which the frontier crosses the "Rivers Skoot, Stakeen, Taku, Isilcat, and Chilkaht." He added further: "The United States surveys of the coast could be advantageously used to locate the coast line in deciding the mouths of the rivers in question, as points from whence the necessary triangulation sur- veys should commence in order to determine the ten ma- rine leagues back." In addition, a United States Coast Survey map, certified to "January 16, 1878," by Sur- veyor-General Dennis, was published in connection with this letter, with the bovmdary line crossing the Skoot, Stickine, and Taku Rivers, ten leagues back from the coast. In 1877 the Canadian Government, through the in- termedium of the British Foreign Office, formally rec- ognized that the lisi^re of Alaska shut off Canadian territory from access to salt water. The previous year while taking a prisoner named Peter Martin, who was l6 LETTERS AND PAPERS RELATING TO condemned in the Cassiar District of British Columbia, for some act committed in Canadian territory, from the place where he was convicted to the place where he was to be imprisoned, Canadian constables crossed the Stickine River. They encamped with Martin at a point some thirteen miles up the river from its mouth. There Martin attempted unsuccessfully to escape, and made an assault on an officer. Upon his arrival at Victoria, the capital of British Columbia, he was tried and convicted for his attempted escape and attack upon the constable; and the court sentenced him. Our Secretary of State, Hamilton Fish, protested vigor- ously against this infringement of the territorial sov- ereignty of the United States in the Territory of Alaska. After an investigation into the facts of the case, the Dominion Government acknowledged the justness of Secretary Fish's protest by "setting Peter Martin at liberty without further delay;" and thus recognized that the Canadian constables who had Mar- tin in their charge when they encamped on the Stick- ine thirteen miles up from the mouth of the river, were on United States soil, and so that Canada's jur- isdiction in that region did not extend to tide-water. A striking truth of what the best ofificial geograph- ers of the British Government thought was the true boundary, is "Admiralty Chart No. 787" of the British Admiralty, that gives the northwest coast of America from "Cape Corrientes, Mexico, to Kadiak Island." This was prepared in 1876 by F. J. Evans, R. N., published in 1877, and corrected up to April, 1898, only a few months before the opening of the Quebec Conference. On this chart of the British Admiralty, THE ALASKA FRONTIER. 1/ the frontier of the United States descends the one hundred and forty-first degree of longitude west from Greenwich, and then, advancing on the Continent, but passing aroiind the sinuosities of the coast so as to give a continuous lisiere of territory cutting off the Dominion of Canada from all contact with any of the fiords or sinuosities that bulge into the continent be- tween Mount Saint Elias and the Portland Canal, the frontier is drawn to the head of the Portland Canal at about fifty-six degrees, and then down that sinu- osity, striking Dixon's Entrance at fifty-four degrees forty minutes. Thus the British Admiralty itself up- holds the territorial claims held and maintained by both the Russian and the United States Governments. It is one thing to ask the United States to agree, as Mr. Fish was willing to do in 1872, to have a joint survey to examine the country in the interior in order to locate exactly where the frontier runs. But it is quite another thing to ask the United States to submit to arbitration their right to all the sinuosities of the coast in their entirety above fifty-four degrees forty minutes, and the unbroken strip of territory round these sinuosities, which Great Britain recognized, from 1825 to 1867, as a part of Russia, and, since then, until recently, as a part of the United States. The more the subject is examined, the more evident does it become that there is nothing in the proposition of Canada and England which the United States should refer to arbitration. T. W. BALCH. Philadelphia, January 27, 1902. (The argument must close here.^ED. Nation.) I 8 LETTERS AND PAPERS RELATING TO Washington, D. C, March 17, 1902. T. W. Batch, Esq., Philadelphia: Dear Sir: — I have received your book, "The Alasko- Canadian Frontier," and read it with much interest. I was especially attracted to your new maps. I have not given the boundary qtiestion any atten- tion since I read my paper before the Geographic So- ciety and the details have largely passed out of my mind. I think there is some reference to the "Dryad" in one of H. H. Bancroft's books; also in some of the manuscript papers belonging to the Joint High Com- mission, but to these I do not have ready access. Yours truly, JOHN W. FOSTER. New York, March 19th, 1902. Thomas Willing Balch, Esq., Philadelphia, Pa.: My Dear Sir:— I am very greatly obliged to you for the copy of your interesting monograph on the Alasko-Canadian Frontier. It seems to me that your argument is absolutely imanswerable. * * * ]\jo cause has greater reason to pray to be delivered from its friends than that of international arbitration. It received its severest blow in the Behring Sea contro- versy and it would be fatally discredited if applied to such a question as this about the frontier. I have good reason to believe that the statesmen of Great Britain imderstand this perfectly well but they are in great terror on account of the Canadian politicians. Under these circumstances there is noth- ing for this country to do but to stand firm and your advice in this direction is invaluable. H: % ^ :f: % ^ Nc Very faithfully yours, FREDERICK W. ROLLS. THE ALASKA FRONTIER. I9 ALASKAN BOUNDARY.^ REASONS WHY UNITED STATES MUST SUBMIT TO ARBITRATION. Concessions Made in Past Negotiations Preclude This Gov- ernment Now From Rigid Attitude. To the Editor of The Evening Star: A printed paper on "The Alasko-Canadian Fron- tier" by Thomas Willing Balch, of Philadelphia, is today circulated in the official and legislative circles of Washington by its author. Mr. Balch has summed up the claim of the United States admirably. He has also added several new and valuable items of in- formation which have hitherto not been clearly and forcibly brought forward in behalf of our case by any one since the dispute first arose over this question in 1877 between Great Britain and ourselves. But Mr. Balch has closed this publication of March, 1902, above cited, with these words: "The United States should never consent to refer such a proposi- tion (the delimitation of the Alasko-Canadian boun- dary) to arbitration." Mr. Balch is not acquainted with certain mistakes made by high ofificials of our government in 1892, and again in 1897, over this subject. If he was, he would not have made use of the words quoted; he would have understood their futility and have left them unsaid. What have our high officials done in the premises? ^The Star, Washington, D. C, March 26, 1902. 20 LETTERS AND PAPERS RELATING TO For the information of Mr. Balch, and the officials and legislators in especial who are getting his book, and the public generally, note the following facts: On the 26th of August, 1892, the then Secretary of State John W. Foster, and the British minister. Sir Julian Pauncefote, entered into a "convention be- tween the United States of America and the united kingdom of Great Britain and Ireland for the delimi- tation of the boundary line between the United States and the Dominion of Canada, dividing Alaska from British Columbia. ' ' The terms of this convention created a joint com- mission to do that work— one commissioner for us and one for Canada. They were directed to examine into and agree upon a report on or before the ex- piration of two years from the date of their appoint- ment. They failed to agree and their time was ex- tended to the last day of 1895. Then they came to an agreement in so far as the location of the 141st meridian of west longitude was concerned, but they utterly failed to agree upon the line of the "thirty- mile strip," and where only the shadowy ground for dispute has arisen or could arise. The agreement of this commission as to the final location of the 141st meridian where it bisects our "thirty-mile strip," on the summit of Mt. St. Elias, was, for our case, a mischievous one; and when the light was turned on to it, March 12, 1897, the Senate refused to ratify the treaty confirming it, which was sent in by Richard Olney, January 30, 1897; and it is still hung up in the senate committee of foreign relations. This mischievous little boundary treaty con- THE ALASKA FRONTIER. 21 tained what was advertised at Ottawa as an "impor- tant surrender to the United States of what is here held to be indisputably Canadian territory." The mo- ment I saw this statement in a Canadian official press dispatch, March 7, 1897, I knew instinctively that we were being plucked. I managed to get a copy of the treaty, and then exposed its aim to Senator Foraker, just in time, for it would have been ratified the next day had he not stopped it. In the light of the foregoing outlines of a most un- fortunate mistake in the State Department, whereby we admitted to Canada, August 26, 1892, that we ourselves did not know exactly where our own Alas- kan border was defined, and then were willing, Janu- ary 30, 1897, to shift it here or there as a joint com- mission might agree — is it not plain that the Cana- dians in this matter have secured the same advantage which they took in 1854-1871 over our claim to San Juan Island, Puget sotmd? Indeed, they have se- cured more, in the pending contention, because dur- ing the entire period of the San Juan dispute we never admitted the shadow of a doubt as to the ex- act line of our claim! Let me recite a few salient points, briefly, of this San Juan difficulty, which we said, for fifteen long years, we never would submit to arbitration. Yet, nevertheless, on May 8, 187 1, we entered into a con- vention here, at Washington, which submitted the controversy to the result of arbitration. Curiously enough, this San Juan dispute was strangely similar in claim of indefinite treaty terms of boundary limi- tation to the pending Alaskan boundary question. 22 LETTERS AND PAPERS RELATING TO The terms of the treaty of Washington, June 15, 1846, were indefinite with especial regard to the line of demarcation between Vancouver Island and Wash- ington territory for the extension of the 49th parallel from Point Roberts. They were made in the follow- ing vague words: From Point Roberts the boimdary went "to the middle of the channel which separates Vancouver Island from the continent, and thence southerly through the middle of said channel and of Inca straits to the Pacific ocean." The first clash over this did not spring up tmtil 1854. Then some sheep were taken across from Vic- toria to San Juan Island by the H. B. Co.'s people. The United States collector of customs of Washing- ton territory levied a duty upon them. The Cana- dians objected, and put up an armed resistance; Brit- ish and American troops were called out by both par- ties to the contest; the British established an armed camp on the north end of the island; hoisted their colors, beat their drums, and we did likewise on the south end of the same island — the two camps were not more than five miles apart, and in plain sight of each other. An indiscreet officer at any time between 1 854-1 87 1 could have plvmged both nations into war! I saw these camps in 1865-67, and I can testify to the intense, bitter feeling that ran high among our own people, and among theirs; it was far more in- tense than the feeling at Skagway is at this hour. The British insisted that the "channel" referred to in the treaty of 1846 was "Rosario straits;" the Americans insisted that this "channel" was the "Ca- nal de Hors." After fifteen years of heated argument THE ALASKA FRONTIER. 23 and reiterated declaration on both sides that it would never be submitted to arbitration — -that they would and we would fight first — we sent the question to a court of arbitration, with the German emperor as the arbitrator, as above stated. He decided, October 8, 1872, in our favor, and the "fighting" troops of Canada evacuated the island November 22, following. Sooner or later this Alaskan botmdary question must be settled ; no titles to undeveloped land or mining claims over which there is a shadow of doubt can command capital for their exploration and working; and since we have by mistaken steps of our own official agents in 1892 and 1897 admitted the Cana- dian contention of doubt as to the fixed line of our possessions and we are today resting on a modus Vi- vendi over the line on the pass above Skagway, how are we going to undo what we have inherited from 1892? The conclusion in any judicial mind is that we will follow the course and precedent of the San Juan dis- pute; we have a much better case than we had then; the record of Russian ownership of the "thirty-mile strip" is cemented by the British record of leasing it, for a limited period (in 1 839-1 856), as Russian terri- tory; and this act .of leasing was approved by a se- lect committee of the British parliament, during 1857, after examining into its terms, and by the Russian government in 1 854-' 56. We can win our Alaskan claim easily before any tribimal of our peers if we put it into the hands of intelligent and capable agents. • HENRY W. ELLIOTT. 24 LETTERS AND PAPERS RELATING TO THE ALASKO-CANADIAN FRONTIER.' The Ledger is in receipt of a monograph on "The Alasko-Canadian Frontier," by Thomas Willing Balch, Esq., of this city, in which the claim of the United States, that it is entitled to a strip of territory on the Alaskan mainland, "from the Portland Canal, in the south, up to Mount Saint EUas, in the north, so as to cut off absolutely the British possessions from access to the sea above the point of fifty-four degrees forty minutes," is presented, we think, with conclusive force. The paper was read originally at the annual meeting of the Franklin Institute, January 15, 1902 It buttresses the American contention with an array of proofs which it is confidently believed would sway the judgment of any impartial judicial tribimal. Mr. Balch finds the American case to be so unassailable that Canada has no ground for the demand that the boimdary question shall be submitted to arbitration. "Whether the frontier shall pass over a certain moiintain top or through a given gorge is a proper subject for settlement by a mutual survey. But by no possibility has Canada any right to territory touching tidewater above fifty-four degrees forty minutes. The United States should never consent to refer such a proposition to arbitration." Mr. Balch notes that for more than fifty years the British Empire did not challenge the interpretation placed upon the Anglo-Russian treaty of 1825 by Russia, and later by the United States, that Russia, and, after the cession of Alaska in 1867, the United ' Editorial from the Public Ledger, Philadelphia, April 4, 1902. THE ALASKA FRONTIER. 25 States, became entitled to a strip of mainland, follow- ing the indentations or sinuosities of the coast, from the Portland channel northward to Mount Saint Elias, "so as to cut off absolutely the British possessions from access to the sea above the point of fifty-four degrees forty minutes." This was the status until August, 1898, when Eng- land claimed, at the Quebec Conference, that the An- glo-Russian treaty of 1825 gave to Canada the upper portion of nearly all the estuaries between Portland Canal and Mount Saint Elias. The British claim made in 1898 was that the Alaskan boundary from the top of Portland Canal should nm directly to the coast, "and then along the mountains on the mainland near- est the shore and across all sinuosities of the sea that advance into the continent up to Mount Saint Elias." Mr. Balch traces the important negotiations leading up to the signing of the Anglo-Russian treaty of 1825. He shows that England wished to obtain from Russia a disclaimer of the ukase of 182 1, that Bering Sea and certain portions of the Pacific were to be held as Rus- sian waters exclusively. Russia would not yield until the boundary line was so fixed as to give Russia the unbroken strip along the coast from Portland Canal to Mount Saint Elias, "and on this last point England, after a long and stubborn resistance, finally yielded." With respect to the eastern boundary of this strip Mr. Balch recalls that England insisted that, should the mountain summits prove to be at any point more than ten marine leagues from the shore, "the line of demarcation should be drawn parallel to the sinu- osities of the shore at a distance of ten marine 26 LETTERS AND PAPERS RELATING TO leagues. This ten league limit to the eastward was inserted * * * to guard England against a pos- sibility of having her territory pushed back to the eastward a hundred miles or more from the sea in case the crest of the mountains was found in reality to lie far back from the coast instead of close to it, as was then supposed." The American contention, Mr. Raich says, is sup- ported by the maps of "the best cartographers in the world, including those of England and Canada." Fac similes of many of these rare maps are presented in the volume to illustrate the text. He shows, further- more, that the Canadian and English Govenmients by certain acts have recognized the title of the United States to the strip heretofore described, shutting off Canada from the sinuosities of the coast. In 1876 the Canadian authorities liberated a prisoner convicted in the Canadian courts for an offence committed at a place within the Alaskan strip claimed by the United States. The prisoner was released on the ground that the Canadian courts had no jurisdiction over this place. Mr. Balch deserves great credit for his painstaking and successful effort to clarify a subject of very great international importance. His monograph contains a wealth of material for the proper imderstanding of the British-American boundary dispute. It is, in fact, an exhaustive brief of the American case. The re- ported recent removal by a Canadian official of one or more of the boundary monuments placed by Rus- sia to mark the line of Alaska has suddenly revived interest in the dispute so thoroughly illuminated by Mr. Balch. THE ALASKA FRONTIER. 27 New York, April 4th, 1902. Thomas Willing Balch, Esq., Philadelphia, Pa. My Dear Sir: — With reference to the map to which you refer, I am free to say that I know nothing of it but I was informed that the Canadian Government sent to Paris a map in 1878, for which they received a gold medal, as being the most accurate and beauti- ful specimen of governmental scientific map making on exhibition. The original of this map was in the library at Ottawa for some years and I have seen it myself. I am told that immediately after the discov- ery of gold in the Klondike it disappeared but I have also been informed that Mr. has a copy in his library. I asked Mr. Joseph Chamberlain about this map in England a year ago and he didn't deny its existence nor did he minimize its importance. In fact it would seem to be almost conclusive against the Canadian case. At the same time, I am bound to say that my in- formation came entirely through second hands and had better not be used in any public argument with- out careful verification; but, of course, I would rather not be quoted in the matter. If I can be of service to you in any way I shall be delighted, for it seems to me that in the interest of good relations between Great Britain and the United States, no false hopes should be encouraged in the direction of arbitration on this question. I am, Sir, with great respect. Very faithfully yours, FREDERICK W. HOLLS. 28 LETTERS AND PAPERS RELATING TO AFRAID TO ARBITRATE.' Thomas Willing Balch, a Philadelphia lawyer, has published a treatise on "The Alasko-Canadian Fron- tier," calculated to show by means of maps, charts, quotations from treaties, and incidents gathered from history and tradition, that Canada's claims are un- soimd, cannot be established, and that therefore arbi- tration should not be consented to by the United States. The Cleveland Plain-Dealer is so impressed by the arguments and pictures in Mr. Balch's pamphlet, that it sees no necessity for arbitration. If the evidence on this question is entirely against Canada, why should the United States hesitate to see the whole matter referred to an unbiased tribunal? If their case is so strong, the Canadian contention can be swept aside and disposed of forever. While Philadelphia lawyers are writing pamphlets on one side of this question, Canadian lawyers can write very convincingly to Canadian readers on the other side of it. In regard to arbitration, the position taken by Uncle Sam is characteristically unfair. If his title to the disputed territory is superior to ours, he can prove it. But he will not. He will arbitrate in a case where he has something to gain, but where he may lose he will not arbitrate. "There is nothing to 'Editorial from T/te Star, Toronto, Canada, April loth, 1902. In a vigorous editorial entitled " The Alaskan Boundary Dispute," in Tlie World, of Toronto, Canada, on April 8, 1902, reference was made to TIte Alasko-Canadian Frontier. THE ALASKA FRONTIER. 29 arbitrate," he says, where there is nothing for him to gain. He believes in courts of justice to which he can go as plaintiff, but he repudiates them when he is called on to appear as defendant. THE GAME OF GRAB.' The Alasko-Canadian frontier dispute is not a par- ticularly inviting subject to the people generally be- cause there is more or less obscurity about it. To the average man it possesses only a remote interest for the simple reason that he does not understand the points involved. He knows that there is a strip of land about thirty miles wide and five himdred miles long, containing some fifteen htmdred square miles of territory, which England has recently claimed as a part of Canada. He knows that Secretary Hay has "pro- visionally" agreed to the British boundary line, pending a settlement of the dispute. The facts of the case, how- ever, have never been clearly presented to him ; yet they are interesting enough to awaken his concern and plain enough to enlist his attention. The Commercial Appeal has consistently contended during the last two or three years that territory which had been in our undisputed possession for thirty-one years and that had previously thereto been in the possession of Russia, from whom we bought Alaska, for a period of forty-two years, was hardly a subject for controversy; and that in surren- dering this strip of land to the claimant, Mr. Hay was guilty of an inexcusable surrender of American 'Editorial from The Commercial Appeal, Memphis, Tennessee, April 13, 1902, by the editor, Walker Kennedy, Esq. 30 LETTERS AND PAPERS RELATING TO territory. Never before in the history of land dis- putes, so far as we know, has the possessor of a piece of land surrendered that land to a claimant pending an adjustment. But Mr. Hay has broached this nov- elty in diplomacy, and has been praised in some quar- ters for having averted a serious difificulty. Mr. Hay's diplomatic success in this instance is very much like that of the well-armed man who gives up his purse to the footpad and thus evades a personal encounter. We have recently received a monograph on "The Alasko-Canadian Frontier" by Thomas Willing Balch of the Philadelphia bar, which so thoroughly exposes the unparalleled impudence of the Enghsh claim, that we make use of the facts marshalled therein, in order that the reader may get a clear idea of this contro- versy. Mr. Balch more than confirms our impressions on this subject and he demonstrates conclusively that the American title is perfect, and that the EngHsh contention is a mere gauzy exhibition of falsehood and nerve. The httle volume before us contains a number of maps prepared by Russian, French and English cartographers, all showing conclusively that from 1825 to 1898 the strip of land now claimed by England was considered a part of the country known now as Alaska. We are indebted to Mr. Balch's vol- ume for the facts which enable us to construct this interesting story. In the southeastern part of Alaska there is a long strip of coast land which shuts Canada out from ac- cess to the sea. To the west of this strip there are a number of islands which are admittedly a part of Alaska, but England now claims that the boundary THE ALASKA FRONTIER. 3 1 line instead of running parallel with the coast at a distance of thirty miles therefrom, runs virtually up against the coast and makes a bee line over numer- ous bays and inlets. If the English claim is correct, England has a number of seaports on the Alaskan coast, but she is also entitled to the strip of land which had been the undisputed possession of Russia and the United States for seventy-three years. We propose to show that there is not a shadow of justice or right in this claim. In the year 1825 a treaty was signed between Eng- land and Russia fixing the boundary line between Alaska and Canada. In the preliminary negotiations Sir Charles Bagot made three attempts to get a bound- ary line something like the one now claimed, which would admit England to the sea. None of these at- tempts was successful. Russia maintained that the very strip of land now in dispute belonged to her, and she would not yield an inch. As the Russian agent. Count Nesselrode, expressed it, "Thus we wish to retain, and the English companies wish to acquire." Russia, however, would not yield, and in the treaty of 1825 between England and Russia the English claim was abandoned. This treaty fixes the botmdary line so plainly that a misinterpretation of it is inexcus- ble. There is no controversy about the boundary line until it reaches the north end of the Portland chan- nel. The English contention is that from that point it goes east virtually to the coast line, and follows the main coast line, jumping over, however, the fiords and inlets instead of winding with them. The Ameri- can contention is that the boundary line follows the 32 LETTERS AND PAPERS RELATING TO summit of the mountains, mnning parallel to the coast, except where those mountains are more than thirty miles from the coast, in which event the line shall nm at a uniform distance of thirty miles, parallel with the windings of the coast. In article III. of the treaty of 1825, it is provided that "the line of demarkation shall follow the sum- mit of the mountains situated parallel to the coast." In article IV. it is provided "That, wherever the summit of the mountains which extend in a direction parallel to the coast, shall prove to be at the distance of more than ten marine leagues (thirty miles) from the ocean, the limit between the British possessions, and the line of coast which is to belong to Russia shall be formed by a line parallel with the windings of the coast, and which shall never exceed the dis- tance of ten marine leagues therefrom." The American claim is identical with the treaty of 1825, in which England recognized Russia's right to the very strip of territory which she now claims. England then was fighting for access to the sea, Rus- sia was detennined to cut oft' entirely the British pos- sessions from access to the sea. The United States bought all the Russian territory in America from Russia in 1867, and, of course, this strip of land on the coast was a part of it. There are six maps in Mr. Balch's book which in- clude this strip of land in the Alaskan territory. One is a Russian map published in 1827. Another is a Russian map of 1829. A third is a Canadian map by Joseph Bouchette, Jr., deputy surveyor-general of the province of Lower Canada; and there are three THE ALASKA FRONTIER. 33 English maps. The most conclusive is the British Admiralty Chart, pubHshed in 1877 and corrected to April, 1898, in which the British admiralty establishes conclusively the contention of the United States. Another proof of the correctness of the American contention is the fact that the Hudson Bay Company rented "the strip" from the Russian- American Com- pany in 1839. The fact that this strip was not Brit- ish territory has been recognized time and again by both the English and the Canadian governments. In 1876, some Canadian constables were conducting a prisoner named Peter Martin through the strip. There he tried to escape and made an attack on one of the officers. He was subsequently tried in British terri- tory and convicted of attempted escape and assault. Hamilton Fish, secretary of state, protested vigorously against this infringement of the territorial sovereignty of the United States, and the Dominion government after an investigation, set Martin at liberty at once. This incident occurred in the very territory now claimed by England. We could multiply instances of British recognition of our right to the strip of coast land now claimed by Great Britain, but the treaty of 1825 is conclusive. The significant part of the boundary line incident lies in the fact that England never laid claim to this territory until 1898. She had conceded Russia's right to it in 1825, and had never disputed the right of Russia or the United States to it for seventy-three years. In 1898 she set up her brazen claim. The discovery of gold in the Klondike was the exciting cause, of course. Unfortunately for us, there was 34 LETTERS AND PAPERS RELATING TO at that time no vigorous American in the office of secretary of state. If there had been, he would not have tolerated the British claims for ten minutes. There is absolutely nothing to arbitrate in this ques- tion. All that is necessary is to follow the summit of the mountains, and nm a line thirty miles from the coast, parallel with the sinuosities of the shore. This is ptirely a problem in surveying. We have heard a great deal from the Republican party about the crime of pulling down the flag. Here is fifteen hundred square miles of American territory which has been in our possession, undisputed, from 1867 to 1898, and an American secretary of state has been guilty of pulling down the flag there, and surrendering it to a blushless claimant who has no more title to it than the Negus of Abyssinia. We have now a "strenuous" person in the presidential chair. What does he pro- pose to do about it? Is he going to allow Secretary Hay to give away a strip of American territory that is said to be teeming with gold? Certainly it is time that the government of the republic was asserting its rights and conserving its own. NOTHING TO ARBITRATE." Since the discovery of gold in Alaska, the British government has endeavored to establish a claim to certain territory along the strip of land which follows the sinuosities of the coast from fifty-four degrees forty minutes, up to Mount Saint Ehas. 1" Editorial from the Press-Knickerbocker and Albany Morning Express, April i6, 1902, by the Managing Editor, Albert F. Demers, Esq. THE ALASKA FRONTIER. 35 During the Polk administration (1845-49), the United States and Great Britain advanced conflicting claims to the territory lying between the Rocky mountains and the Pacific ocean. The supporters of Polk took up the cry of "Fifty-four forty or fight," meaning that the British empire must be shut out of terri- tory which would forever allow the United States to control a coast line along the Pacific ocean, from the Mexican border north to the Bering sea. At the time of this dispute, Russia asserted exclusive jurisdiction over and the exclusive right of the navigation on the Bering sea; and later on, when the Czar's government offered to sell the Alaskan possessions to the United States, the proposition was made that the purchaser maintain the claim to the territory west of the Rockies up to fifty-four degrees forty minutes, the most south- em point of Russian America, thereby closing the Pacific coast entirely against the British. But the in- fluence of the slave power appears to have compelled our government to yield all the vast country west of the Rockies and above the forty-ninth degree of north latitude thus permitting the British empire an outlet to the Pacific. By making this concession, the United States paved the way for further imperial aggressions along a coast which should now be all red, white and blue on the map of North America. In 1867, Russia sold Alaska to the United States. Great Britain acknowledged all our rights in the pur- chase, and was apparently satisfied with her control of a coast line from fifty-four degrees forty minutes down to the lower part of Vancouver Island. But greed for further territorial acquisition eventually 36 LETTERS AND PAPERS RELATING TO caused her to cast covetous glances toward American territory, and to seek to establish claims, which, in view of the well-established rights of our government, are entirely baseless. The contempt in which Canadian officials hold our claims of sovereignty over that strip of territory run- ning from fifty-four degrees forty minutes north to Mount St. Elias was first manifested to the entire country, when certain Canadian constables took a prisoner named Peter Martin, who was convicted in the Cassiar district of British Columbia for some of- fence, from the place where he was convicted to and across United States territory lying along the Stickine river, a stream which flows into the estuaries south- east of Sitka. While on American soil, Martin as- saulted one of the constables, and then made an un- successful attempt to escape. At that time, Hon. Hamilton Fish was Secretary of State. Mr. Fish pro- tested vigorously against an infringement of territorial sovereignty of the United States in the territory of Alaska, and the Dominion government recognized the justness of his complaint by setting the prisoner free. The above comments have been suggested by Mr. Thomas Willing Balch's monograph, "The Alasko-Ca- nadian Frontier," which has just been issued by the press of Allen, Lane and Scott, of Philadelphia. Mr. Balch, who is a prominent member of the Philadel- phia bar, and a gentleman of scholarly attainments, read this monograph at the annual meeting of the Franklin Institute, January isth, 1902; and it is now reprinted in beautiful form from the Journal of that Institute for March, 1902. THE ALASKA FRONTIER. 37 Although Mr. Balch's monograph is brief, it shows great research, as well as a careful review of a ques- tion which has caused fears to be expressed that the imperial government might eventually secure ter- ritory which came to us through our purchase from Russia. Mr. Balch refers to the agreement between the United States and Great Britain, at the end of May, 1898, whereby an Anglo-American Joint High Commission was to be appointed, for the purpose of considering and arranging upon a basis more favorable to both sides, "such problems as the regulations of the North Atlantic fisheries, commercial reciprocity, and the Ber- ing Sea fishery question." Soon after the British gov- ernment coolly announced that "a difference of views" existed respecting the provisions of a treaty made be- tween Great Britain and Russia in 1825. These "dif- ference of views" concerned the meaning of the Alas- kan frontier. On August 23, 1898, the British gov- ernment blandly claimed that the eastern boundary of Alaska should run from the extremity of Prince of Wales Island at fifty-four degrees forty minutes, " along the estuary marked on recent maps as Pearse Canal, up to the top of Portland Canal, and from there straight to the coast, and then along the mountains on the mainland nearest to the shore and across all the sinuosities of the sea that advance into the con- tinent up to Mount Saint EHas." The meaning of the "difference of views" is plain. By pushing the Alasko-Canadian frontier, which has stood undisturbed for many years, toward the coast, the British government would gain access to the ocean 38 LETTERS AND PAPERS RELATING TO through the estuaries which do not extend inland far- ther than American soil. Mr. Balch's purpose is to show that this recent con- tention of the imperial government is contrary to the provisions of the treaty of 1825, as well as to the con- duct of the claimants for more than three-quarters of a century. The treaty of 1825 specified the line of demarcation between British soil and the Alaskan pos- sessions, possessions which are now claimed by the United States. Although every word in the treaty is plain, there appears to have been some misunderstanding on the part of the British authorities for some years after the signatory powers had come to an agreement. Cotmt Nesselrode, who in behalf of Russia had as- sisted in the negotiations with Great Britain during the years 1822, 1823, 1824, and 1825, aptly contrasted the efforts of Russia and Great Britain when the two countries were endeavoring to agree upon a frontier between their American possessions. He said: "Thus we wish to retain, and the English Companies wish to acquire." Mr. George Canning, the English foreign secretary at the time of the negotiations in which Count Nes- selrode was concerned, put forth no serious claim to any part of the Alaskan coast. Russia's assertion that she had exclusive jurisdiction over and the exclusive right of navigation on Bering Sea is what the British authorities wished to combat. Mr. Balch's monograph is illustrated with eight speci- mens of the cartographers' work, illustrations which show that this latest claim of the British government THE ALASKA FRONTIER. 39 is simply preposterous. One of the maps included in the monograph was drawn by order of the Czar of Russia in 1827, and the work was performed by a cele- brated Russian navigator, Admiral Krusenstem. The other chart was first published by the British ad- miralty on June 21st, 1877. It has been corrected to April 1898. Both of these maps show that the Brit- ish authorities do not possess the shadow of a claim against the territory which the United States now holds. Mr. Balch says that our government should never consent to refer the present dispute to arbitration, simply because we have nothing to arbitrate. Every- body who has had the good fortune to read Mr. Balch's luminous treatise, will wonder at the presump- tuous conduct of the British authorities over the fron- tier question. THE ALASKAN BOUNDARY." Stories have drifted down to us from time to time of late alleging the destruction by Canadian officials of the monuments set up to mark the boundary be- tween Canadian territoiy and what was Russian terri- tory and is now territory of the United States. It is hard to believe that anybody with brains enough to fill any office would be foolish enough to do anything of this kind, to say nothing of the moral turpitude involved. If anybody has been thus stupid it can have no effect on the final decision of the dispute. It is a "Editorial from The Chronicle, Chicago, Illinois, April 21, 1902. 40 LETTERS AND PAPERS RELATING TO simple and undeniable proposition that we now own what Russia once owned in that region. Just that and no more nor less. What Russia owned is to be determined from the Anglo-Russian treaty of 1825. T. W. Balch, than whom there is no better advised authority, published not long ago an examination of the whole question with the title, "The Alasko-Cana- dian Frontier," thoroughly dispassionate and based on that treaty and the discussions between Russia and Great Britain that grew out of it. It is made clear that Russia claimed and the treaty established owner- ship and control of all navigable waters of all the is- lands and of a strip of the mainland reaching inland not less than thirty miles from the shore line and following — or paralleling — its sinuosities. That strip reached southward to a point not in dispute. It is not to be forgotten that when that treaty was made the United States claimed the territory north- ward to that point as was indicated in the old dem- ocratic partisan cry in the "40's of 'Fifty-four forty or fight!'" We did not stand up for our claim, but for all that it is just as certain as that the treaty was made that Russia believed we would stand up to it and that one of her leading intentions in making the treaty just what it is was to shut off Great Britain entirely from having any Pacific port on the west coast of America. Since the gold discoveries in Alaska Canada has set up a claim to a port within the territory from which the treaty was made expressly to exclude British ownership and control. Mr. Balch's statement, argu- THE ALASKA FRONTIER. 41 ment and proof from documentary sources seem to put the whole matter beyond dispute. He maintains that there is no foundation whatsoever for the Cana- dian claim and that it should not be conceded in any circumstances. His monograph is commended to Mr. Hay's most careful and conscientious study, with entire confidence that the American people will study it and stand by it whether he wishes or not. WHERE THE BOUNDARY LIES.'' In a little monograph, recently issued from the press of Allen, Lane and Scott, of Philadelphia, Thomas Will- ing Balch, of the Philadelphia bar, completely riddles the Canadian contention for a different construction of the Alaska boundary treaty than that which went unchallenged and unquestioned for nearly three-quar- ters of a century. The monograph in question was originally read before the Franklin Institute on Janu- ary 15 last, and is by all odds the most important contribution yet made to the controversy. Mr. Balch, from first authorities, covers the entire course of the negotiations between Great Britain and Russia, prior to the settlement of the boundary be- tween the Russian and British possessions on this con- tinent by the treaty of 1825. He shows how, from first to last, notwithstanding the utmost diplomatic efforts of the British representatives, Russia stead- " Editorial from The Post-Intelligencer, Seattle, Washington, April 22, 1902. 42 LETTERS AND PAPERS RELATING TO fastly refused to recede from the position which she took at the start; that she should retain entire con- trol of every inch of the coast line, including all bays, inlets and the mouths of all rivers, north of 54:40. The declared idea of Russia was to shut Great Britain from access to the sea at all points north of the Port- land canal. On the other hand, the representatives of Great Britain strenuously urged for some conces- sion which would give the interior posts of the Hud- son Bay Company access to the sea. Russia insisted on a line following the summit of the moimtain ranges parallel to the coast, and Great Britain finally con- ceded the claim, after many months of negotiation, during which Russia never receded from the position that she must retain possession of a lisiere, or strip of the coast, in order to prevent the Hudson Bay Company from having access to the sea and forming posts upon the mainland opposite to the Russian islands. Mr. Balch goes over these negotiations in detail, with quotations from the various notes which passed on the subject. As a final conclusion, Russia did agree to this modification of the original demands — that in cases where the motintain range should prove to be more than ten marine leagues from the sea, the line of demarcation should be drawn parallel to the sinu- osities of the coast. In the instructions to Stratford Canning, who conducted the final negotiations on be- half of Great Britain, he was told to make this de- mand, to guard England from having her territory pushed back to the eastward a hundred miles or more from the sea in case the crest of the mountains was THE ALASKA FRONTIER. 43 found in reality to lie far back from the coast instead of close to it, as was then supposed. There never was, for the next fifty years and more, any question that Great Britain, by this treaty with Russia, definitely and finally abandoned all pretense to sovereignty over any inlet, bay or arm of the sea, north of the mouth of Portland canal. Facsimiles of maps are introduced by Mr. Balch, showing the line where the United States claims that it exists, dating from 1827 down to the present time. The first is an imperial Russian map of 1827. This is followed by a military map, printed in St. Peters- burg in 1829. A Canadian map of 1831, prepared by Joseph Bouchette, deputy surveyor general of the prov- ince of Lower Canada, shows identically the same line. In his " Narrative of a Journey Around the World," Sir George Simpson, governor in chief of the Hudson Bay Company's territories in North Amer- ica, published in 1847, a map is given, showing the same botmdary line as is at present claimed by the United States. Finally, in the testimony of Sir George Simpson, before a parliamentary committee, in 1857, he intro- duced a map, showing the boundaries of the Russian possessions in North America precisely as they are claimed by us to-day. In the same testimony, Gov- ernor Simpson described how, in order to secure access to the sea, his company had rented this strip of coast- line from Russia, for a term of years, at an annual rental of ;^i,5oo; and as Russia and Great Britain were at war at the time he had secured the consent of the British Government to the lease and also to 44 LETTERS AND PAPERS RELATING TO an agreement to keep the peace on this continent, en- tered into at the same time. Many other maps are introduced into the monograph, including one prepared under the direction of the Brit- ish admiralty, corrected up to April, 1898. This ad- miralty chart, issued by the British government itself, shows the boundary line passing around the sinuosi- ties of the coast, so as to give the United States a continuous strip of territory, cutting off the Dominion of Canada from any contact with the coast line north' of 54:40. Against all of this array of evidence, and the un- broken acceptance of the American interpretation of the boimdary treaty for more than half a century, Canada has nothing to urge save the possibility of the language of the treaty being given a different in- terpretation than that which has always been accepted by Russia, by Great Britain and by all geographers in the past, and on the strength of which rights of enormous value have been acquired by American citi- zens in the strip along the Alaskan coast. "THE ALASKO-CANADIAN FRONTIER."" Thomas Willing Balch. Here is a book that Secretary of State Hay should read with prayerful consideration. It isn't a large book; only a monograph of forty-five pages, with some maps. • "Editorial from The Helena Independent, MontSina., April 27, 1902. THE ALASKA FRONTIER. 45 Mr. Hay could read it before breakfast; and having done this it would be well for him to read it three times a day for a month. The little book might be called "A Brief in the Case of the Attempted Steal of a Portion of Alaskan Territory by the British Gov- ernment." It is a forceful, and we think conclusive, presentation of the contention of the United States that this country is entitled to a strip of territory on ^he Alaskan mainland "from the Portland Canal, in the south, up to Mount Saint Elias, in the north, so as to cut off absolutely the British possessions from access to the sea above the point of 54 degrees 40 minutes." Mr. Balch's presentation of the case was read origi- nally at the annual meeting of the Franklin Institute, Januarj' 15, 1902. Not only with facts but with maps does the author sustain the American contention with an array of proofs that clearly put the British claims out of court. He shows that Canada has no solid ground for its demand that the boundary question should be submitted to arbitration. " Whether the frontier shall pass over a certain mountain top or through a given gorge is a proper subject for settlement by a mutual survey. But by no possibiUty has Canada any right to territory touch- ing tidewater above fifty-four degrees forty minutes. The United States should never consent to refer such a proposition to arbitration." Since the discovery of gold in the Klondike the British empire now lays claim to a large and very important part of our Alaskan territory. More than seventy-five years ago Coimt Nesselrode expressed the American and British contentions of to-day when he 46 LETTERS AND PAPERS RELATING TO said of the efforts of Russia and Britain to agree on a frontier between their American possessions: "Thus we wish to retain and the British companies wish to acquire." Mr. Balch gives proof that for more than fifty years Great Britain did not challenge the intei-pretation placed upon the Anglo- Russian treaty of 1825 by Rus- sia, and later by the United States, that Russia, and the United States, after the cession of Alaska in 1867, became entitled to a strip of mainland, following the in- dentations or sinuosities of the coast, from the Portland channel northward to Mount Saint Elias, "so as to cut off absolutely the British possessions from access to the sea above the point of fifty-four degrees forty minutes." Such was the status until August, 1898, when Eng- land claimed, at the Quebec Conference, that the Anglo- Russian treaty of 1825 gave to Canada the up- per portion of nearly all the estuaries between Portland canal and Moimt Saint Elias. The British claim made in 1898 was that the Alaskan boundary from the top of Portland canal should run directly to the coast, "and then along the mountains on the mainland nearest the shore and across all sinuosities of the sea that advance into the continent up to Mount Saint Elias." Mr. Balch traces with gieat care and precision the important negotiations leading up to the signing of the Anglo-Russian treaty of 1825. England, as he shows, wished to get from Russia a disclaimer of the ukase of 182 1 that Bering sea and certain portions of the Pacific were to be held as Russian waters ex- clusively. Russia would not yield until the boundary line was so fixed as to give Russia the unbroken THE ALASKA FRONTIER. 47 strip along the coast from Portland canal to Mount Saint Elias, "and on this last point England, after a long and stubborn resistance, finally yielded." With regard to the eastern boundary of this strip, England, as Mr. Balch shows, insisted that should the mountain summits prove to be more than ten marine leagues from the shore at any point "the line of de- marcation should be drawn parallel to the sinuosities of the shore at a distance of ten marine leagues. This ten league limit to the eastward was inserted * * * to guard England against a possibility of having her territory pushed back to the eastward a hundrefl miles or more from the sea in case the crest of the moun- tains was found in reality to lie far back from the coast instead of close to it, as was then supposed." Mr. Balch says, and shows by map repro