912 .67Me THE S\i^ ALASKAN BOUNDARY BY JOHN BASSETT MOORE With map PROM THE NORTH AMERICAN REVIEW OCTOBER 18 9 9 I A \l {'A • - • ^ THE ALASKAN BOUNDARY. BY PROFESSOR J. B. MOORE, FORMERLY ASSISTANT SECRETARY OF STATE. In his annual message of December 2, 1872, President Grant, referring to the award rendered by the Emperor of Germany in the preceding October upon the long-pending dispute as to the San Juan Water Boundary, remarked that this award left us, "for the first time in the history of the United States as a nation, with- out a question of disputed boundary between our territory and the possessions of Great Britain on this continent/^ In making this statement. President Grant was not unmindful of the fact that the boundary between the British possessions and Alaska, as de- fined in the treaty between Great Britain and Russia of 1825, had not been surveyed and marked. No dispute, however, in regard to this line had then arisen; and, with a view to prevent the oc- ci'trrence of any in the future, he immediately proceeded to make, in the same message, the following recommendation: "Experience of the difficulties attending the determination of our admitted lire of boundary, after the occupation of the territory and its settlement by those owing allegiance to the respective governments, points to the importance of establishing, by natural objects or other monuments, the actual line between the territory acquired by purchase from Russia and the adjoining possessions of Her Britannic Majesty. The region is now so sparsely occupied that no conflicting interests of individuals or of jurisdiction are likely to interfere to the delay or embari'assment of the actual location of the line. If deferred until population shall enter and occupy the territory, some trivial contest of neighbors may again array the two governments in antagonism. I therefore recommend the appointment of a commission, to act jointly with one that may be appointed on the part of Great Britain, to de- termine the line between our territory of Alaska and the coterminous possessions of Great Britain." By correspondence published in the Canadian Sessional Papers, this recommendation appears to have been inspired by 502 ^^-^ NORTH AMERICAN REVIEW. representations, originating with the government of Canada, and communicated tlirough tlie British Alinisterat Washington, as to the desirableness of definitely marking the boundary. No action upon the recommendation was taken; but an estimate then made by United States officials as to the probable cost and duration of the task of surveying and marking the line as laid down in the treaty, placed the cost at about $1,500,000, and the time at nine years for field operations and at least an additional year for oflfice work. In January, 188G, the Minister of the United States in Lon- don, acting under instructions, proposed the appointment of a joint commission, which should designate and establish the boun- dary line, or else report such data as might afford a basis for its establishment by a new treaty. The Dominion Government, to whom this proposal was referred, expressed the opinion that a preliminary survey was "preferable to a formally-constituted joint commission," and suggested that such a survey "would enable the two governments to establish a satisfactory basis for the delimita- tion of the boundary and demonstrate whether the conditions of the convention of 1825 are applicable to the now more or less known features of the country." Early in 1888 several informal conferences were held in Wash- ington between Prof. W. H. Dall, of the United States Geological Survey, and Dr. George M. Dawson, of Canada, for the purpose of discussing the boundary and elucidating, so far as the informa- tion then in existence enabled them to do, the questions which might be involved in it. The result of these conferences was ccmmunicated to Congress. A further step was taken in the convention between the United States and Great Britain of July 22, 1892, by which it was agreed that a coincident or joint survey should be made "with a view to ascertainment of the facts and data necessary to the permanent delimitation of the said boundary line in ac- cordance with the spirit and intent of the existing treaties in re- gard to it between Great Britain and Eussia and between the United States and Russia." The time for the report of the com- missioners under this stipulation was extended by the supple- mental convention of February 3, 1894, to December 31, 1895. Joint surveys and a joint report were made, but no recommenda- tions as to the boundary. THE ALASKAN BOUNDARY. 603 By the protocol of May, 1898, it was agreed that the joint in- ternational commission to be organized thereunder should en- deavor to adopt "provisions for the delimitation and establish- ment of the Alaska-Canadian boundary by legal and scientific ex- perts if the commission shall so decide, or otherwise." Under this clause, it is understood that the commission has failed to reach an agreement, and the question still remains open. It is our purpose to disclose, in general outlines, in what the dispute consists. By a ukase dated July 8, 1T99, the Emperor Paul I., of Eussia, having in view the benefits resulting to his empire from the hunting and trading carried on by Eussian subjects "in the north- eastern seas and along the coasts of America," conceded to the Eussian-American Company the right to "have the use of all hunting grounds and establishments now [then] existing on the northeastern (sic) coast of America, from the . . . fifty- fifth degree [of north latitude] to Bering Strait," as well as the right "to make new discoveries not only north of the fifty-fifth degree," but farther to the south, and "to occupy the new lands discovered, as Eussian possessions," if they were not previously occupied by or dependent upon another nation. Still further privileges were granted to the Eussian-American Company by the famous ukase issued by the Emperor Alexander, September 7, 1831, by which the pursuit of commerce, whaling and fishing, and of all other industry, on all islands, ports and gulfs, "including the whole of the northwest coast of America, be- ginning from Bering Strait to the fifty-first degree of northern latitude," was exclusively granted to Eussian subjects, and foreign vessels, except in case of distress, were forbidden "not only to land on the coasts and islands belonging to Eussia, as stated above, but also to approach them within less than 100 Italian miles." This extension by Eussia of her claim of dominion on the northwest coast of America from the fifty-fifth parallel of north latitude down to the fifty-first, coupled with the new claim of exclusive marine jurisdiction of 100 Italian miles along the coast, called forth protests both from the United States and from Great Britain. Both these powers claimed territory north of the fifty-first parallel, as well as the right freely to navigate the ocean and to fish and trade with the natives on unoccupied coasts. Eussia met their protests with an offer of negotiation. 504 T^iE NORTH AMERICAN REVIEW. This offer was accepted. In the negotiations which ensued, Rus- fia was represented hy Count Nesselrode, minister for foreign af- fairs, and M. Poletica. Great Britain was represented fh-st by Sir diaries Bagot, and then by Stratford Canning; the United States, by Henry Middleton. The United States and Great Brit- ain at one time entertained the intention of acting jointly, but. finding that their territorial claims were to some extent conflict- ing, they carried on their negotiations with Eussia separately. The negotiations betw^een the United States and Eussia ended in a convention, signed at St. Petersburg, April 17, 1824, which will hereafter be referred to as the convention of 1824. As to \ he territorial question, it was agreed that no establishment should l)c formed by the United States on the northwest coast north of fifty-four degrees, forty minutes north latitude, nor by Eussia south of that parallel. As to na\agation, fishing, and trading, the right of navigation and of fishing in the Pacific Ocean was acknowledged unqualifiedly and in perpetuity; and it was agreed that during a term of ten years the ships of both powers might frequent "the interior seas, gulfs, harbors, and creeks upon the coast" in question, for the purpose of fishing and trading with the natives. No resort, however, was to be made by citizens of the United States to any point where there was a Eussian establish- ment, without the permission of the governor; and a reciprocal rule was to be observed by Eussian subjects as to United States establishments. From the commerce permitted by the conven- tion, firearms and liquors were excluded. So far as dominion was concerned, the practical effect of this treaty was to leave it to Great Britain and Eussia to divide the territory north of fifty-four degrees forty minutes, and to the United States and Great Britain to divide that to the south. Great Britain and Eussia settled their maritime and territorial differences by a convention signed at St. Petersbm-g on February 28, 1825, which will hereafter be referred to as the convention of 1825. This convention defines, in Articles III. and IV., the boundary between Alaska and the British possessions as it exists to-day. The treaty of 1867, ceding Alaska to the United States, describes the eastern limits of the cession by incorporating the definition given in the conventioa of 1825. This convention was signed only in French, which is therefore the official text; but there accompanies it, in the British publications, an English THE ALASKAN BOUNDARY. 506 "translation," which in the main fairly reproduces the original. These texts, so far as they relate to the boundary, are as follows: "■III. La ligne dc demarcation entrc les Possessions dcs Eautes Parties Contractan tes s^ir la C6te du Continent ct les lies de VAmerique Nord Quest, sera tracee ainsi qu^ il suit : — " A partir du Point le plus merid ■ ional de Vile dite Prince of Wales, lequel Point se trouve sous la paralUle du o4me degre 40 minutes de latitude Nord, et entre le 131me et le 133mc dcgrS de longitude Quest {Meridien de Grecmvich), la dite ligne rcmontera au Nord le long de la passe dite Portland Chunnel, jusqu 'aw Point de la terre ferme oil elle atteint le 5Qme degre de latitude Nord: de ce dernier point la ligne de demai'cation suivra la Crete dcs montagnes situees paral- Ulement d la Cote, jusqu 'au point d" intersection du lilme degre de longitude Quest (T/i^me Meridien); et, fijialcmcrat, du dit point d' inter- section, la inSme ligne meridienne du 141 me degre former a, dans so7i prolongement jusqu^d la nier Glaciate, la limite entre les Posses- sions Busses et Britanniques sur le Continent de V Amerique Nord Quest. " IV. H est entendu, par rapport A la ligne de demarcation diter- minee dans V Article priced ent: "1. Que VRe dite Prince of Wales appartiendra toute entiire d La Bussie: " 8. Que partout oil la crite des montagnes qui s' itendent dans une direction jyaralUle d la C6te depuis le 56me degre de latitude Nord au point d' intersection du lilme degre de longitude Quest, se trouveroit d "III. The line of demarcation between the Possessions of the High Contracting Parties upon the Coast of the Continent and the Islands of America to the North-West, shall be drawn in the following manner: "Commencing from the south- ernmost point of the Island called Prince of Wales Island, which point lies in the pai-allel of 54 degrees 40 minutes, North Lati- tude, and between the 131st and 133d Degree of West Longitude (Meridian of Greenwich), the said line shall ascend to the North along the Channel called Port- land Channel, as far as the Point of the Continent where it strikes the 56th Degree of North Lati- tude; from this last mentioned Point the line of demarcation shall follow the summit of the mountains situated parallel to the coast, as far as the point of intersection of the 141st Degree of West Longitude (of the same Meridian); and, finally, from the said point of intersection, the said Meridian Line of the 141st Degree, in its prolongation as far as the Frozen Ocean, shall form the limit between the Russian and British Possessions on the Continent of America to the North West. " IV. With reference to the liue of demarcation laid down in the preceding Article, it is under- stood: "Is*. That the Island called Prince of Wales Island shall be- long wholly to Russia. "2d. That wherever the summit of the mountains which extend in a direction parallel to the Coast, from the 56th degree of Nx>rth Latitude to the point of intereec- tion of the 141st degree of West 506 "^^HE ^ORTH AMERICAN REVIEW. la distance de j)lus de dlx lieues •marines de I! Ocian, la Umite entrc les Possessions Brita)iniques ct la lisiire de Cote mentionnec ci-dessus comme devant appartenir d La Russie, sera formee par une lUjne paralUle aux sinuosites de la Cote, et qui ne pourra jamais en etrc Hoignee que de dlx Ueues marines." Longitude, shall prove to be at the distance of more than ten marine leagues from the Ocean, the limit between the British Possessions and the line of Coast which is to belong to Russia, as above mentioned, shall be form- ed by a line parallel to the wind- ings of the Coast, and which shall never exceed the distance of ten marine leagues therefrom." It was further provided (Art. Y.) that neither party should form estabHshments within the limits thus assigned to the other, and, specifically, that British subjects should not form any estab- lishment, "either upon the coast, or upon the border of the conti- nent (soit SUV la cote, soit sur la lisure de terre ferme) comprised within the limits of the Eussian possessions." As to navigating, fishing, and trading, the convention of 1825 included substantially the same provisions as that of 1824. The right of navigation and of fishing in the Pacific Ocean was acknowledged. For the space of ten years, the ships of the two powers were to be at liberty to frequent "the inland Seas, the Gulfs, Havens, and Creeks on the Coast " in question. Permis- sion to land at points where there were establishments was to be obtained from the governor. Trade with the natives in firearms and liquors was prohibited. Besides these stipulations, it was agreed (Art. VI.) that British subjects, whether arriving from the ocean or from the interior of the continent, should "forever enjoy the right of navigating freely ... all the rivers and streams which, in their course towards the Pacific Ocean, may cross the line of demarcation upon the line of coast described in Article III. of the present convention;" and that, for the space of ten years, the port of Sitka, or Novo Archangelsk, should be "open to the Commerce and Vessels of British subjects." An examination of the boundary defined in Articles III. and IV. of the convention of 1825 shows that it is scientifically di- visible into two distinct sections, first, the line from the southern- most point of Prince of Wales Island, through Portland Channel and along the summit of the mountains parallel to the coast, to the point of intersection of the 141st meridian of longitude; and, second, the line from this point to the Arctic Ocean. With the latter section, which is merely a meridian line, and as to which THE A L ASK AN BO UNDARY. 5O7 the United States and Canadian surveys exhibit no considerable difference, we are not now concerned. Tlie section as to which material differences have arisen is the first. The principal differences in this quarter are two in number, first, as to what channel is meant by Portland Channel (sometimes called Portland Canal); and, second, as to what is the extent of the line or strip of coast {la lisi^re de cote) which was assigned to Eussia. The latter difference, since it is the more complicated, we will consider first. As has been seen, the easterly limit of the lisiere, from the point where the line strikes the fifty-sixth degree of north lati- tude, was to follow "the summit of the mountains situated parallel to the coast," except that, where this summit should prove to be more than ten marine leagues, or thirty miles, from the ocean, the limit was to be formed "by a line parallel to the windings of the coast, and which shall never exceed the distance of ten marine leagues therefrom." On the part of Canada two theories as to this line have been advanced, (1.) that it should follow, not the actual windings {sinuosites) but the general trend, of the coast, so as to intersect or cross the headlands of some of the bays and inlets, especially in the Lynn Canal, and give Great Britain one or more ports on tide water; and (2.) that the coast whose windings are to be followed is not the shore of the mainland, but that of the adjacent islands, bordering on the ocean.* The United States, on the other hand, has maintained that the coast whose windings were to be followed was the coast of the mainland, the design of the convention being to give to Russia the control of the whole of the shore of the mainland, and of the islands, bays, gulfs, and in- lets, adjacent thereto. In other words, Russia was to have exclu- sive dominion of tide water and of a continuous strip of territory bordering upon it, while Great Britain was to have the interior country, with a right of free navigation of streams crossing the Russian territory on their way to the sea. That this was the design of the convention may be shown, first, by the record of its negotiation. The principal object on the part of Great Britain was to ob- tain the withdrawal by Russia of the claim made in the ukase of • On the sketch map accompanyingr this article, the Canadian claim is given as shown on the " Map of the Province of British Columbia, compiled by direction of Hon. G. B. Martin, Chief Commissioner of Lands and Works, Victoi'ia, B. C, 1895." This claim would give Dyea. Skaguay, Pyramid Harbor, and various other points, and a long stretch of tidewater, to Canada. 508 THE NORTH AMERICAN REVIEW. 3831 to exclusive jurisdiction over the Pacific Ocean, a claim vhich involved the right to navigate a vast extent of ocean and, incidentally, the right of passage from the Pacific to the Arctic Ocean through Bering Straits. "It is not on our part," declared George Canning, British Secretary of State for Foreign Affairs, "essentially a negotiation of limits. It is a demand of the repeal of an offensive and unjustifiable arrogation of exclusive jurisdic- iwon over an ocean of unmeasured extent." With a view to facili- tate the withdrawal of this .pretension, Great Britain proposed a settlement of limits.* The actual geographical features of the territory were, to a great extent, ujiknown. Vancouver had navigated and charted the coast, but the interior was unex- plored. Back from the shore high mountains were visible, and, after the manner of the early geographers, he drew artistic ranges which follow the windings of the coast, making a continuous bar- rier between the coast of the mainland and the interior country. It was well known, however, to the negotiators of the convention of 1835, that the mountain ranges might be broken, or that, in- stead of following closely the windings of the coast, they might extend far inland. Instead, therefore, of attending to geographi- cal details, they adopted general rules, which should be applied whenever the line came to be actually marked. In settling the limits along the coast, the two governments were largely guided by the interests and the representations of certain commercial companies — on the part of Russia, the Kus- sian-American Company, and, on the part of Great Britain, the Xorthwest and Hudson's Bay companies — which hunted and traded with natives for furs. The fur trade was then the prin- cipal object of value in the estimation of the worth of the regions in question. The British companies, however, had no estab- lishment on the coast now under consideration. Their operations in that quarter were conducted in the interior, and their furs were sent to England through their own territories, and not across the coast involved in the negotiation. The first definite proposition as to limits was made by Great Britain to Russia in the autumn of 1823. Sir Charles Bagot, then British Ambassador at St. Petersburg, was instructed to propose a line drawn east and west along the fifty-seventh parallel of north latitude. He went somewhat further, and suggested that Great *G. Canning to Stratford Canning, December 8, 1824. THE ALASKAN BOUNDARY. ,009 Britain would "be satisfied to take Cross Sound, lying about the latitude of fifty-seven degrees thirty minutes, as tiie boundary be- tween the two powers on the coast; and a meridian line drawn from the head of Lynn Canal, as it is laid down in Arrowsmith's last map, ... as the boundary in the interior of the continent." This suggestion was not accepted, and subsequently, acting under instructions, he proposed "a line drawn through Chatham Straits t(; the head of Lynn Canal, thence northwest to the 140th degree of longitude west of Greenwich, and thence along that degree of longitude to the Polar Sea." The Eussian plenipotentiaries rejected this proposal and sub- mitted a counter-project. By the ukase of 1799, the Eussian dominion was assumed to extend to the southward as far as the fifty-fifth degree of north latitude. The Eussian plenipotentiaries therefore offered to adhere to this limit, with a deflection at the southern extremity of Prince of Wales Island so as to avoid a division of territory, and, for the rest, proposed that the line should "follow Portland Channel up to the mountains which bor- der the coast," thence "ascend along those mountains, parallel to the sinuosities of the coast, as far as the 139th degree of longi- tude (meridian of London)," and then pursue that meridian in- definitely to the north. The reasons of the two governments for their respective pro- posals were fully explained by them. In the early stages of the negotiation the Eussian plenipotentiaries intimated that they would require the fifty-fifth degree of latitude as their southern boundary. In his instructions to Sir C. Bagot, of January 15, 1S24, Mr. George Canning, adverting to the fact that no limit V as suggested by the Eussian plenipotentiaries to the eastern ex- tension of the parallel, declared that it was essential to guard against the "unfounded pretensions" of Eussia in that direction, and for that purpose, whatever the degree of latitude assumed, to assign a definite meridian of longitude as a limit. The 135th meridian northward from the head of "Lynn's Harbor" might sufiice. As to 'Hhe mainland southward of that point," it would be expedient to assign "a limit, say of 50 or 100 miles from the coast, beyond which the Eussian posts should not be extended to the eastward. We must not," he continued, "on any account admit the Eussian territory to extend at any point to the Eocky Mountains. By sucli an admission we should establish a direct f)10 THE NORTH AMERICAN REVIEW. and complete interruption between our territory to the south- ward of that point and tliat of which we are in possession to the eastward of longitude 135 degrees along the course of the Macken- zie River." The Russian plenipotentiaries explained their object with equal clearness. In a memorandum accompanying their counter- proposal they said: "The principal motive which constrains Russia to insist upon sovereignty over the above-indicated strip of terri- tory {lisiere) upon the mainland {terre fermc) from the Portland Channel to the point of intersection of the sixtieth degree [lati- tude] with the 139th degree of longitude, is that, deprived of this territory, the Russian- American Company would have no means of sustaining its establishments, which would then be without any support {point cfappui) and could have no solidity." If Great Britain would accept the line proposed by them, the Russian plenipotentiaries declared that their government would grant to British subjects "the free navigation of all the rivers which empty into the ocean through the said lisitre," and open the port of Novo Archangelsk to their trade and vessels. To this counter-proposal Sir C. Bagot objected that it "would deprive His Britannic Majesty of sovereignty over all the inlets and small bays lying between latitudes fifty-six degrees and fifty- four degrees forty-five minutes, whereof several (as there is every reason to believe) communicate directly with the establishments of the Hudson's Bay Company and are consequently of essential im- portance to its commerce." He offered, however, to accept a line traced from the west toward the east "along the middle of the channel which separates Prince of Wales and Duke of York islands from all the islands situated to the north of the said isl- ands until it touches the mainland." Subsequently he modified this offer by proposing that the line be drawn "from the southern extremity of the strait called 'Duke of Clarence's Sound,' through the middle of this strait to the middle of the strait which sepa- rates Prince of Wales and Duke of York islands" from the islands to the north, and thence east"wardly to the mainland, thus giving Prince of Wales Island to Russia. These proposals the Russian plenipotentiaries declined. They declared that "the possession of Prince of Wales Island without a slice {porlion) of territory upon the coast situated in front of that island could be of no utility whatever to Russia," since any estab- THE ALASKAN BOUNDARY. 511 lishment founded iiiDon it would then ''iind itself, as it were, flanked by the English establishments on the mainland and com- pletely at the mercy of the latter." They adhered to Portland Channel; but, as to the eastern boundary of the lisiere, they of- fered to extend it "along the mountains which follow the sinuosi- ties of the coast as far as Mount Elias/' and then to run the line along the 140th meridian of longitude instead of the 139th. Said Count Nesselrode, in an instruction to Count Lieven, Eussian Am- bassador at London, April 17, 1824: "This proposal will assure to us merely a narrow strip of territory {lUUre) upon the coast itself, and will leave the English establish- ments all needful room for increase and extension. . . . We limit our demands to a mere strip of the continent, and . . . we guarantee the free navigation of the rivers and announce the opening of the port of Novo Archangelsk. Russia cannot stretch her concessions further. She will make no others. ... It cannot be reiterated with sufficient positiveness that, according to the most recent charts, Eng- land possesses no establishment either up to the latitude of Port- land Channel or on the shore of the ocean itself; and Russia, when she insists on preserving a moderate expanse of the mainland {terre ferme) only insists in reality upon the means of utilizing — we might better say of not losing — the surrounding islands." The British cabinet, with the concurrence of the Hudson's Bay Company, decided to accept the Eussian proposal, with a limi- tation of the distance from the coast at which the line along the mountains should run, and the selection of a meridian of longi- tude north of Mount St. Elias farther to the west than the 140th. In this way Eussia would secure her strip of territory on the main- land and Great Britain prevent the intersection of her interior possessions and communications. Great Britain accordingly pro- posed that the line should ascend northerly along Portland Chan- nel "till it strikes the coast of the continent lying in the fifty-sixth degree of north latitude," and that it should thence be carried '•along the coast, in a direction parallel to its windings, and at or within the seaward base of the mountains by which it is bounded," provided that it should not extend more than a certain number of marine leagues inland, whatever the distance of the mountains might be. Experience had shown, said the British Government, that mountains which were assumed as lines of boundary were sometimes incorrectly laid down, and that it was "therefore neces- sary that some other security should be taken that the line of de- marcation to be drawn parallel with the coast, as far as Mount St. 512 THE NORTH AMERICAN REVIEW. Elias, is not carried too far inland." It might be limited to ten leagues or less.* The Russian Government, in response to the last British propo- sition, proposed that the lisih'e, instead of being bounded by the summit of the mountains, except where it exceeded a certain dis- tance from the coast, should "not be wider on the continent than ten marine leagues from the shore of the sea.'" In other words, Eussia wanted either the crest of the mountains, or else a line ten leagues from the coast, as the boundary all the way. Great Brit- ain objected to this as a withdrawal of the limit of the lisi^re which the Eussians were themselves the first to propose, viz., "the summit of the mountains which run parallel to the coast, and which appear, according to the map, to follow all its sinuosities, and to substitute generally that which we only suggested as a con- nection of their first proposition."! Accordingly, Mr. Strat- ford Canning, who had lately been appointed a plenipotenti- ary to conclude the convention, proposed that the line should follow "the crest of the mountains, in a direction parallel to the coast," but that, if the crest should be found anywhere to bo more than ten leagues from the sea, the boundary should there be "a line parallel to the sinuosities of the coast, so that the line of demarcation shall not be anywhere more than ten leagues from the coast." This proposal was accepted as a compromise, and the treaty was drawn up and signed in conformity with it. Until a recent period the line, as it was then understood by both governments, remained unquestioned. It appeared on all the maps, including those pub- lished in England, as the United States now maintains it, follow- ing the sinuosities of the coast and running around the heads of the inlets, including the Lynn Canal, and giving to Eussia an unbroken strip of the mainland up to Mount St. Elias. But more significant, perhaps, than any map, is the fact that the greater part of the strip of mainland in question was for many years after 1839 leased, at an annual rental, by the Hudson's Bay *G. Canning to Sir C. Bagot, July 12, 1824. Were there room for doubt as to what these proposals and counter-proposals meant, it might be worth while specially to note the phase, "seaward base of the mountains," as well as the suggestion made by the British Government that no forts should be established or fortifications erected by either party "on the summit or in the passes of the mountains," in case the boundary should follow their summit and not their seaward base. (G. Canning to Sir C. Bagot, July 21, lb24.) Both these phrases obviously referred to mountains on the mainland. f a. Canning to S. Canning, December 8, 1824. \ THE ALASKAN BOUNDARY. 513 Company. The lease .embraced the coast (exclusive of islands) and the interior country belonging to Russia, situated between Cape Spencer, on Cross Sound, and latitude fifty-four degrees forty minutes or thereabout, including "the whole mainland coast and interior country belonging to Eussia," eastward and south- ward of an imaginary line drawn from Cape Spencer to Mount Fairweather. By an agreement between the Hudson's Bay and Eussian- American companies, which received the sanction of both governments, this strip of territory was exempted from molesta- tion during the Crimean War.* As to the southern limit of the strip in question, a line through Portland Channel, as now maintained by the United States, con- tinued to be the uncontested boundary till about 1873, when Canadian writers began to suggest that the line should run through Behm Canal, or by some other way than Portland Channel, (1.) be- cause, while the line is required by the treaty to "ascend to the north" from the southernmost point of Prince of Wales Island, it must first run to the east in order to enter Portland Channel, and (2.) because the head of Portland Channel does not reach the fifty- sixth degree of north latitude. These suggestions, besides disre- garding the historical and geographical evidence, including that of the British Admiralty charts, presuppose a minuteness and accuracy of description which the negotiators did not essay. When the line, commencing at the southernmost point of Prince of Wales Island, was required to "ascend to the north" till it should strike the fifty-sixth degree on the continent, the general direction and objective of the boundary obviously was intended to be given. This has not been uncommon in descriptions of boun- dary. An actual due north line from the point in question would Lave cut the island. Nor is the argument from a hiatus between the head of Portland Channel and the fifty-sixth degree any stronger. The "line," after ascending "Portland Channel, as far as the point of the continent where it strikes the fifty-sixth degree of north latitude," is required from "this last-mentioned point" to follow "the summit of the mountains." If this was in- *SIr George Simpson, Governor of Hudson's Bay Territory and a direc- tor of Hudson's Bav Company, in his account of a trip around the world (Lea & Blanchard, Philadelphia, 1847, Part 1, p. 124), referring to the lease said: "Russia, as the reader is of course aware, possesses on the mainland between latitude flfty-four degrees forty minutes and latitude sixty decrees only a strip, never exceeding thirty miles in depth; and this strip, in Jbko ab- sent of such an arrangement as has just been mentioned , (the aforesaid lease), renders the interior comparatively useless to tingiana. . VOL. CLXIX. — NO. 515. 33 514 ^^^ NORTH AMERICAN REVIEW. tended as a complete description, covering every foot or mile of the boundary, and if the "if' of the treaty was intended to refer to the channel and not to the line, then Portland Channel evident- ly was supposed to have performed the remarkable feat of climb- ing to the summit of the mountains. But, obviously, it was the *'line'' which was to "strike" the fifty-sixth parallel and reach the summit of the mountains. The drawing of the line through Portland Channel, whose out- let into the sea appeared on the map in the same latitude as the southernmost point of Prince of Wales Island, was part of the plan of allowing to Eussia, in return for her abandonment of abnormal jurisdictional claims and her concessions in respect of trade, a strip of territory on the mainland as a barrier between her islands and the British possessions in the interior. We have seen how the representatives of Great Britain successively proposed as the southern boundary the line of fifty-seven degrees thirty minutes, then a line through "Chatham Straits to the head of Lynn Canal," then a line drawn from west to east "through the middle of the channel which separates the islands of Prince of Wales and Duke of York from all the islands to the north" till it should touch the mainland, and then a line drawn northward through Clarence Strait and thence eastward to the mainland through the strait sep- arating Prince of Wales and Duke of York islands from the islands to the north; and how they finally accepted the line through Port- land Channel, on which Russia, for the purpose of preserving for her islands a protective barrier on the coast of the mainland, had firmly and finally insisted. But, while we have shown how the general principles of the boundary were settled, it yet remains to adjust the line and mark it. For this purpose it is conceded that something more than the general descriptions of the treaty is requisite. To meet this defect, various plans have been suggested, and there may be room for the adjustment of common interests. The discovery of gold in the Klondike region has intensified the desire of Canada for ail outlet on Lynn Canal. This desire, if considered upon grounds of mutual interest and convenience, rather than of treaty right, is worthy of attention, since the coast must profit by the develop- ment of the interior. It has been suggested that a lease be granted of a narrow strip of land in that quarter, as an outlet on the sea. The same object might, perhaps, be attained by assimilating one THE ALASKAN BOUNDARY. 515 or more of the portages, for instance, that by way of the Chilkoot pass, the principal Klondike route, to a stream of water and treat- ing it as an international highwa)^ By xirtiele II. of the Webster- Ashburton treaty, it was stipulated that "all the water communica- tions and all the usual portages along the line [of boundary] from Lake Superior to the Lake of the Woods, and also Grand Portage, from the shore of Lake Superior to the Pigeon Kiver, as now actu- ally used, shall be free and open to the use of the citizens and sub- jects of both countries." But, whatever the plan that may be adopted, it is obvious that, if the end can be attained without the sacrifice of clear national rights, the boundary should not be left unsettled, but should, in the interest of trade and industry, of the administration of justice, and of international amity, be finally adjusted and marked. J. B. MOOEE. SOME SOCIAL TENDENCIES IN AMERICA. BY THE RIGHT REVEREND H. C. POTTER, D D., BISHOP OF KEW YORK. The historian of the future will find an interesting task in tracing, within what has practically been a single century, the rise and growth of two great republics, the French and our own. The former may be said to have been born in 1789, and the lat- ter in 1783; and, though the history of the former was obscured and apparently terminated by the recurrence of periods of im- perialism, yet with the year 1848 the republican form of govern- ment re-established itself, and with a brief interval, represented by the pyrotechnics of Napoleon the Third, has persisted until this hour. Such a study would become naturally, first of all, a study of origins; and, from this point of view, its contrasts would be both interesting and dramatic. When one takes the French Declaration des Droits de I'Homme, and puts it beside our own Declaration of Independence, it is, indeed, first of all, the re- semblances rather than the contrasts that impress us. The char- ter of the French Eevolution affirmed: (1.) That all men are born and continue free and equal in flights; (2.) That Society is an association of men to preserve the natural rights of men; (3.) That sovereignty resides in the nation, and that all au- thority, whether vested in an individual or in a body of men, comes expressly from the nation; (4.) That liberty is the power of doing what we will, so long as it does not injure another; the only limits of each man's nat- ural rights being such as secure the same rights to others; these JBlebtjr-flftta Year. Tro» Tyrlusque mlhl nullo dlscrimlne agotur. Vol. 160: No. 4, THE NORTH AMERICAN R EVIEW EDITED BY GEORGE B. M. HARVEY. October, 1899. The Peace Conference and the Moral Aspect of War, Captain A. T. MAHAN, U. S. N., United States Delegate to the Hague Conference. In the Clutch of the Harpy Powers R. M. JOHNSTON The Picture Gallery of the Hermitage.— I. . CLAUDE PHILLIPS A Transvaal View of the South African Question, Dr. F. V. ENGeLeNBURG, Editor of the *' Pretorip. Volksstetn.'' The Present Literary Situation i» France . . . HEBCRY JAMES The Alaskan Boundary Professor j. B. MOORE, • Eormerly Assistant Secretai^ of Statr.. Some Social Tendencies in America, <^ . The i^t. Rev. H. C. POTTER, D.D., Bishop of Neiv York. A Trained Colonial Civil Service . . o . . . E. G. BOURNE, Professor of History in Yale University. THE ANGLO-SAXON RIVALS: Five Years of American Progress. . M. G. MULHALL, F.S.S. The Decline of British Commerce .... A. MAURICE LOW America and England in the East, The Rt. Hon. Sir CHARLES W. DILKE, Bt., M.P. The Restless Energy of the American People . IAN MACLAREN The French Press and the Dreyfus Case . . . . M. de BLOWITZ, Paris Corresponc^n^ /sj^/fhe iJon4(?i>*'i5:tT?its^.'^j.'i ', NEW YORK; .... ........;.......:...•. No. 11 WARKEN STREfeTi* •...*...• •'•••'..vi'-li!.'!* London: Paris: WM. HEINEMANN, 21 Bedford St., W. C. BRENTANO'S, 37 Avenue de I'Opera. Single Number, 50c. Publi*Ued iWontiily. Per Anuiiiu, $5. 59 CEDAR STREET, NEW YORK Capital, $2,000,000 Surplus, $2,000,000 Transacts a General Banking Business Allows interest on Deposits subject to check Is Legal Depositary for Court and Trust Funds Acts as Fiscal Agent for Cities and Corporations Buys and Sells Foreign Exchange Issues Commercial and Travelers' Credits available J in all parts of the world \ Loans Money on Bond and Mortgage j Issues First Mortgage Trust Gold Bonds Acts as Trustee, Registrar and Transfer Agent Transacts a General Trust Business i OFFICERS, GEORGia W, YOTJifl^^,-., . ..;;.•.'.. , '.President LUTHiiK KOUNTZE '... "^ice-President JAMEcJ TIMPSON 2d Vice-President AKlii UR OUKN BULI,.';, /,'/; ... 3d yidt-Preeident (iL&HK WILI-iAIiS. "; :....". '.;.•...' Treasurer WILLIAM P. ELLIOTT :.... Secretary RICHARD M. HURI) Assl. Secretary CALVERT BREWER Asst Treasurer ALEXANDER PHILLIPS Man'gr For'n Dept. DIRECTORS Samuel D. Wm. H. Baldwin, Jr. Frederick O. Barton C Ledyard Blair Dumont Clarke Charles D Dickey William P. Dixon Robert A. Granniss G. G. Haven, Jr. Charles R. Henderson James J. Hill Babcock Gusiav E. Kissel Luther Kountze Charlton T. Lewis Richard A. McCurdy Theodore Morford Robert Olyphant Charles M. Pratt James Timpson Eben B. Thomas George W. Young Conyrlght, 1899, bv The North Ambrioan Review Publishing Ca. All rights reserved. Sntered at the^Post-Omcti at New York, and admitted for iransmission through the maUs, as second-cUt.33 matter HAVE YOU READ THIS GREAT LOVE STORY 7 m ^ 7i WHEN KNIGHTHOOD m I I EDWIN CASKODEN 95th Thousand SOME RECENT PRESS COMMENTS. 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