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Title: The Canadian view of the Alaskan boundary dispute as stated by Hon. David Mills, Minister of Justice
In an interview with the correspondent of Chicago Tribune on the 14th August, 1899
Author: David Mills
Release date: June 25, 2026 [eBook #78944]
Language: English
Original publication: Ottawa: Government Printing Bureau, 1899
Other information and formats: www.gutenberg.org/ebooks/78944
Credits: Jamie Brydone-Jack, Hcx2012 and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive)
*** START OF THE PROJECT GUTENBERG EBOOK THE CANADIAN VIEW OF THE ALASKAN BOUNDARY DISPUTE AS STATED BY HON. DAVID MILLS, MINISTER OF JUSTICE ***
THE CANADIAN VIEW OF THE ALASKAN BOUNDARY DISPUTE
AS STATED BY
HON. DAVID MILLS MINISTER OF JUSTICE
_In an interview with the correspondent of the Chicago Tribune on the
14th August, 1899_
OTTAWA GOVERNMENT PRINTING BUREAU 1899
THE CANADIAN VIEW
OF THE
ALASKAN BOUNDARY DISPUTE
AS STATED BY
HON. DAVID MILLS, MINISTER OF JUSTICE
_In an interview with the correspondent of the Chicago Tribune on the
14th August, 1899_.
You ask me to state to you the Canadian view of the Alaskan boundary
dispute. I shall not in endeavouring to meet your wishes, claim to do
more than express my own view upon the subject.
I may say to you that already correspondents connected with two New
York journals made a similar request a short time ago, but it was
during the midst of the session when I had but a few moments at my
disposal, and in my conversation with them, I could do no more than
outline my opinion upon the subject and point out in what respect, we,
on this side of the border, dissented from the contention of the United
States. I notice that the brief statement of my opinions were not very
favourably received, or very carefully considered by some of your
citizens. In discussing the speech made in the House of Commons by the
leader of the Conservative party (Sir Charles Tupper), it was stated
by some Washington correspondents of the New York and Philadelphia
press, that it was very hard to explain his misinformation, and that I
seemed to be still more ignorant than Sir Charles Tupper. The natural
inference from this kind of criticism is that every opinion at variance
with the contentions which have been put forward in your country, and
which for the most part meets with favour in your press, is quite
undeserving of serious consideration. The impression made upon my mind
is that vehement assertions and frequent repetitions, are to supersede
careful investigation of the facts and the legitimate conclusions to be
drawn from them.
This Alaskan Boundary Dispute was discussed by the Joint Commission
of the two countries. No conclusion, it seems, was reached. The
proceedings were secret. It was stated that the Commissioners had
referred the question to their respective governments. This was all
that, for some time, was disclosed to the public; but no sooner was
the statement bruited abroad that the matter was being discussed by
Lord Salisbury and Mr. Choate, than telegraphic despatches were sent
from Washington to the New York journals, and thence to the London
newspapers, in which the Canadian members of the Commission, and the
Canadian Government, were described as men who were ill-informed,
obstinate, greedy, refusing to agree to an arbitration in respect of
the disputed boundary without first obtaining from the United States
Commissioners or Government, a cession of territory, to which they
could, in reason, make no claim, and which undoubtedly belonged to
your country. Every one who has read the protocol on this part of
the negotiations, which I understand was published to prevent the
persistent repetition of these misrepresentations, now knows how
unfounded they were. The attempt was made to prejudice the case of
this country, by mis-stating its position. It was announced by the
New York and Washington correspondents of London newspapers, that the
Commissioners of the United States desired arbitration, and that the
Canadian members of the Commission stood in the way. This mis-statement
was, for a time, daily repeated. It was published in the English and
Canadian newspapers, as well as in those of the United States. The
attitude of the respective parties was carefully concealed, and the
impression sought to be made, and for a time not without success, that
the demands of the Canadian Commissioners were most unreasonable.
It was not until the protocols upon the subject were published in
England, and in this country, that the public became aware of the gross
injustice that was being done us. When the publication was made, it was
seen that we were willing either to arbitrate or to compromise. Our
representatives had offered to accept a compromise which would permit
us to retain so much of the disputed country as would afford us a means
of access to our own possession in the interior. Our geographical
position is such, that the disputed territory is of immensely greater
consequence to us, than to you.
It is well to bear in mind that two controversies have arisen between
you and us in respect to the possessions which you acquired from Russia
upon our northwestern border. In one, you claimed that that part of the
Pacific Ocean known in recent years as Bering Sea, and which borders
upon the Aleutian Islands which Russia ceded to you, along with her
possessions upon this continent, was a part of your acquisition, and so
the fur-bearing seals found in its waters were your exclusive property.
Sometimes you contended that it was a _mare clausum_; sometimes you
said this was not your contention, but you claimed to exercise upon
the high seas, in time of peace, rights which belong to a state only
in time of war, and you contended that people, in the pursuit of a
legitimate vocation upon the high seas, were guilty of a crime only
a little less atrocious than piracy; and so the killing of seals in
the Pacific Ocean, by Canadian seal hunters, was claimed to be the
destruction of wild animals that were the property of the United States.
We find it difficult to understand how any public man could have
persuaded himself that there was any merit in this contention. The
Municipal Law of the United States can have no force outside of the
territories of the Republic, except upon board a ship sailing under
the United States flag. The courts of the United States have held
that a man standing on board a United States ship, and shooting a man
in a boat at the Society Islands, was not amenable to the laws of
the United States, as the murder which he committed was beyond the
jurisdiction of the Republic. I dare say that this was, in strict law,
a proper decision; but how, then, could a Canadian on board a Canadian
vessel, under the British flag, upon the high seas, be amenable to
the Municipal Law of the United States? Your government assumed that
they were. It authorized the seizure of Canadian vessels upon the
high seas, under the authority of your Municipal Law, to which they
owed no subjection, and where International Law alone prevails. These
vessels were confiscated. The men on board were imprisoned, and when
they were discharged, it was far away from home, and without the means
necessary to enable them to return. We felt that the action of your
Government was a violent encroachment upon the municipal rights of
Canadians, that were wrongfully subjected to your authority. It was a
violation of these settled principles of International Law for which,
on many occasions, the United States had conspicuously contended. It
was also at variance with the contention of the United States, in
her controversy with Russia, between 1821 and 1824, in respect to an
exclusive sovereignty, over the same waters. The contention of your
Government, we thought wholly untenable. We thought the principles
of Public Law applicable to the case, were too clear to admit of
controversy. I do not know of any foreign jurist who took your side.
Yet unreasonable as were thought your pretensions, they went to
arbitration. Erroneous as we thought the doctrine set up by Mr. Blaine
and others to be, we did not refuse to arbitrate. The question went
to an International Tribunal that was certainly not biased in our
favour, and our contention, in that matter, was upheld. Why, then,
should the Government of the United States, in this second branch of
the controversy, hesitate to refer the question, since we cannot agree
to compromise, to a tribunal of like character?
It may be that the Government of the United States has persuaded itself
that our position is untenable; that the boundary line ought not to
be placed where we say, that under the Convention of St. Petersburg,
it should be drawn. But the United States, like ourselves, is an
interested party, and its Government ought not, either wholly, or in
part, undertake to decide the question in dispute, before the reference
is made, nor refuse to have the contention put forward by us and by
them, submitted to a competent and impartial tribunal, for adjudication.
If, in the opinion of your Government, your contention is well
founded, and if they believe it best comports with the terms of the
Convention of 1825, it will be enabled to establish that fact before
an International Tribunal, and if such a tribunal agrees with your
contention, we must bow to its decision; but should it be found that
our contention is well founded, the Government of the United States
ought to be equally ready to acquiesce. There is neither reason nor
justice, in suggesting a reference of a matter, upon which we cannot
agree to a tribunal, that is not permitted to consider the whole
question, and to locate the boundary in conformity with the terms of
the Convention of 1825.
As I understand the protocols upon this subject, they show that we
contend that the boundary line, as set out in the convention, crosses
the Lynn Inlet not far from the ocean, being drawn from the crest
of the mountains on one side, to the crest of the mountains on the
opposite side. The Government of the United States dissents from this
view and maintains the boundary passes round the head of the inlet. Now
what efforts do the protocols show, were made to reach a solution? We
were of opinion that there were two ways in which this difference might
be amicably adjusted--by a compromise, or by reference to a properly
constituted tribunal. We offered to compromise. We contended that Dyea
and Skagway are built in Canadian territory. They are the natural
seaports from which sea access, at the present time, can be had into
our Yukon country, where we have a mining population of 30,000. The
possession of the inlet is of great consequence to us. It is of little
importance to you. As a compromise we offered to leave Dyea and Skagway
in your possession, if you assented to our retaining Pyramid Harbour,
which would afford to us a highway into the interior, through our own
country. This compromise would have left you the greater portion of
the territory, at this point, in dispute. It would have made the Lynn
Inlet a common water. This proposal your representatives declined. The
proposal was then made to you, to refer the question to arbitration, in
order to ascertain the boundary fixed by the convention, and this also
you have declined. Why? There would seem to be but one answer--because
you are in possession of territory that is rightfully ours. If under
the Convention of St. Petersburg you think you can rightfully claim
Lynn Inlet, why should not the matter have gone to arbitration?
It is said that this disputed boundary should be dealt with on
principles recognized by diplomatists, and not on those which govern
the actions of Attorneys. I admit it. We did so proceed, when we
offered to compromise this dispute, and leave Dyea and Skagway in
your possession. We did so, when we offered to ascertain the legal
boundary, by a properly constituted independent tribunal. We did so,
when we offered to qualify our extreme right, by the rule adopted, in
the Venezuela arbitration. This statement of facts is our answer to the
charge of obstinacy. Our obstinacy consists in this, that we object to
the surrender of everything that is in controversy between us. Since
you have been good enough to ask me my opinion upon the subject, let
me ask your readers to carefully compare these offered concessions
on our part with the concessions which your Government is willing to
make. What was it? Nothing beyond this, that they would grant to us
the liberty to build a highway in a territory behind the coast range
of mountains, beyond which under the convention you have no right to
go, upon condition, that we admitted, that the harbour from which we
started, and the country through which our road ran, was under the
sovereignty of the United States. I ask your people to compare the two
concessions, and let them candidly say, which of us is most open to the
charge of being unreasonably obstinate. We are most desirous of a fair
settlement. The people of the United States are our neighbours, and we
are theirs. It is to the advantage of both countries that a feeling of
friendship and mutual good-will should prevail amongst the people of
each towards the other, but this most desirable object is not promoted
by one country appropriating to itself the territory which rightfully
belongs to the other.
I have referred to the question of boundary at the Lynn Inlet, which
is the place most prominently brought forward in the controversy,
but in order to understand the treaty, and the proper location of
the limitary line, separating the American territory acquired from
Russia from this country, it is necessary to give some attention to
the historical circumstances out of which that treaty grew. Before the
treaty was negotiated between Great Britain and Russia, disputes had
arisen between the Government of the United Kingdom and the Emperor of
Russia in regard to the extent of their respective possessions upon
the northwest coast of this continent. The Russians had visited the
country. They had explored the coast at least as far south as the 54th
degree of north latitude. They had established fishing and trading
stations upon the coast. The Canadian traders who had been organized
into a Fur Trading Company, known as the Northwest Trading Company,
had also explored the country. Their explorations began as early as
1762, and continued until 1820. There were the two Frobishers, the
two Henrys, Sir Alexander Mackenzie, Fraser, McLeod and others. Their
exploration extended from the Arctic Ocean to the Gulf of California.
They had established numerous trading posts within the Pacific slope.
At the beginning of this century, they had beyond the mountains, at
least 700 agents in their employ. It was upon their explorations and
discoveries, that the British Government relied for the maintenance of
its title to the country. It is a well recognized rule of English law,
that a British subject carries with him, into a derelict country, both
the laws of his country, and the sovereignty of his King.
When the question of boundary came to be discussed between the
representatives of the Emperor of Russia and the King of England,
there was not much difficulty in arriving at an agreement, because
the Russians had visited the coast for the purpose of fishing and of
trading with the Indians found there. They had no desire to undertake
the extension of their dominions into the interior. They had at the
time no resources in the country for the purpose. The English by the
treaty were left in possession of nearly the whole country. Russia was
confined to a narrow fringe upon the shore.
Before this treaty was made, the United States had acquired north of
the 42nd degree of latitude, whatever rights Spain possessed upon the
coast. Between the United States and Great Britain a convention had
been entered into which established a _modus vivendi_ between them,
by which each bound itself not to interfere with the settlements of
the other; but the question as to their territorial rights, under the
convention, was left untouched.
In 1824, the United States made a treaty with Russia, which is modelled
on the plan of the one which had previously been entered into by the
United Kingdom and the United States. This convention, between the
United States and Russia did not undertake to define any territorial
limits as an assertion of territorial sovereignty. By Article I., the
citizens and subjects of the high contracting parties agreed that
neither will disturb or restrain the other in navigating or fishing in
these waters, or in the liberty of resorting to the coast to trade with
the natives. But where any part of the coast is in actual occupation of
the one, resort shall not be had to it by the other, for the purpose of
trading with the natives.
By Article II. non-intercourse by the one, with the settlements of
the other, is mutually agreed upon, except by the permission of the
Governor or Commandant of the place. The United States agreed that
they will form no settlement north of 54 degrees 40 minutes of north
latitude. And Russia agrees to form no settlement south of that
parallel. They further agreed, that for a period of ten years, the
ships of both powers, and the ships which belong to the citizens and
subjects of each, may without hindrance, frequent the interior seas,
gulfs, harbours and creeks upon the coast mentioned in the preceding
article. Here there was no division of territory between the parties.
There was a _modus vivendi_ provided by which the United States agreed
not to exclude Russian vessels from the interior seas, gulfs, &c.,
south of 54 degrees and 40 minutes, and Russia agreed not to exclude
the United States vessels from like waters north of that parallel. The
United States Government knew at the time this convention was made,
that the Government of Great Britain was claiming sovereignty upon the
same coast; and so that the United States could not well recognize any
rights of Russia to the sovereignty of the country.
In the correspondence which took place between the Governments of
the United States and Russia, the United States did not concede the
pretensions which Russia set up. Mr. Adams, in a despatch to the
American Minister, Mr. Middleton, in July, 1883, says:--
“From the tenor of the ukase of the 14th September, 1821, the
pretensions of the Imperial Government extend to an exclusive
territorial jurisdiction from 45 degrees of north latitude on the
Asiatic coast to 51 degrees north latitude on the western coast of
the American continent; and they assume the right of interdicting
the navigation and fishing of all other nations to the extent of one
hundred miles from the whole of that coast. The United States can admit
no part of those claims. Their right of navigation and of fishing is
perfect, and has been in constant exercise from the earliest times
after the peace of 1783 throughout the whole extent of the southern
ocean, subject only, to the ordinary exceptions and exclusions of the
territorial jurisdiction which so far as Russian rights are concerned,
are confined to certain islands north of the 35th degree of latitude
and have no existence on the continent of America.”
There is nothing in the treaty of 1824 inconsistent with the contention
which Mr. Adams put forward in this communication, and so we find
Mr. Adams, in his letter of instructions to Mr. Middleton, takes the
ground that the exclusive right of Spain to any portion of the American
continent, had been terminated by the successful revolution of her
colonists, and by her treaty stipulations with the United States. Mr.
Adams practically maintained that the entire continent of America was
closed against any European power, that North America consisted of
the colonial possessions of the United Kingdom, and of independent
republics, and so there was no further room for acquisition, and he
argues that the necessary consequence of this state of things, is
that the American continents henceforth will no longer be open to
colonization.
A few months later, the celebrated message of President Monroe, set
out two propositions, the one against the attempt of the Holy Alliance
to interfere with the independence of the Spanish American States,
and the other declaring that no part of the American continent is to
be considered as subject to future acquisition for colonization by
any European power. It is clear, that this second proposition was
intended as a denial of the rights of Russia to acquire territory on
the continent of North America. Mr. Adams conceded that Russia had
possession of certain islands, but he denied altogether that she had
any right to territory upon the continent--upon the main land. Mr.
Adams was conversant with the explorations of Mackenzie and others
associated with the North-west Company, and his position was, that the
territories which did not belong to the United States by virtue of
her treaty with Spain, and by the explorations of Lewis and Clarke,
were under the jurisdiction of Great Britain, and so the treaty of
1824 with Russia was not one for the mutual recognition of territorial
sovereignty on the part of either party.
These facts are important to bear in mind in the interpretation of
the Treaty which was subsequently negotiated and ratified between His
Britannic Majesty, and the Emperor of Russia. There is this marked
difference between the convention entered into between Great Britain
and Russia in February 1825, and the convention of the previous year
between the United States and the Emperor of Russia; the convention
between His Britannic Majesty and the Emperor, was a convention
settling a boundary between territories admittedly belonging to Great
Britain and territories to which it was conceded that Russia had
valid claim; that is, the part of the continent north of 54 degrees
40 minutes of north latitude. The territories south of 54 degrees 40
minutes north latitude were territories that were still in controversy
between Great Britain and the United States.
The first Article of this convention declares, wholly contrary to
the action and contention of the government of the United States in
reference to the Bering Sea, that the subjects of the High Contracting
parties shall not be troubled or molested in any part of the ocean,
commonly called the Pacific Ocean, either in navigating the same,
in fishing therein, or in landing on the coast in parts not already
occupied, to trade with the natives.
Article II provides that in order to prevent the _right_ of navigating
and fishing exercised upon the ocean by the subjects of the High
Contracting parties from becoming a pretext for illicit commerce,
they mutually agree that subjects of His Britannic Majesty shall not
land at any place where there is a Russian establishment, without the
permission of the Governor or Commandant, and that Russian subjects
shall not land without permission at any British establishment on the
north-west coast.
Under these articles, the freedom of navigation is recognized. Article
III and IV provide for the demarcation of the boundary which is to
separate the territories of the one, from the territories of the other.
Let me read to you those articles in precise terms:--
“Article 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 manner
following:--Commencing from the southernmost point of the island called
the Prince of Wales Island, which point lies in the parallel of 50
degrees 40 minutes north latitude, and between the 131st and the 133rd
degree of west longitude (Meridian of Greenwich) the said line shall
ascend to the north along the channel called Portland Channel as far
as the point of the continent where it strikes 56th degree of north
latitude; 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 said 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 on the north-west.
“Article IV.--With reference to the line of demarcation laid down in
the preceding article it is understood:
“1st. That the island called Prince of Wales Island shall belong wholly
to Russia.
“2nd. That whenever the summit of the mountains which extend in a
direction parallel to the coast from the 56th degree of north latitude
to the point of intersection of the 141st degree of west longitude
shall prove to be at the distance of more than 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 formed
by a line parallel to the windings of the coast and which shall never
exceed the distance of ten marine leagues therefrom.”
It will be seen that the starting point is the southernmost point of
the Island called Prince of Wales Island, which lies in 54 degrees
40 minutes north latitude and that this line is to ascend north.
From whence? Why from the starting point--the southernmost point of
Prince of Wales Island. It is perfectly true that the boundary is to
ascend north along the channel called Portland Channel, but it cannot
ascend north along the channel called Portland Channel by commencing
at the southernmost point of Prince of Wales Island, the place of
beginning, a line more than one hundred miles in length running due
east, must be drawn from the southern end of Prince of Wales Island
before Portland Channel can be reached. The first question then to
be considered is, whether the description of the direction of the
latitude and longitude of the line is to yield to the use of the
words “Portland Channel,” or whether the name “Portland Channel” must
be subordinated to the direction and description contained in these
articles. If Clarence Channel, which lies immediately east of Prince of
Wales Island is taken, there is an exact conformity to the description.
You may ascend north from the southernmost point of Prince of Wales
Island along Clarence Channel, but you cannot ascend north from the
southernmost point of Prince of Wales Island along Portland Channel.
You can ascend to a point on Clarence Channel as far as the point on
the continent where it strikes the 56th degree of latitude. You cannot
ascend Portland Channel to a point on the continent where it strikes
the 56th degree of north latitude, because Portland Channel does not
reach that far north. The difference between drawing the boundary from
Portland Channel and from Clarence Channel is this--the boundary upon
the mainland commences where the 56th degree of north latitude cuts the
shore in the one instance, and in the other it commences at a point at
the head of Portland Channel which falls short of the place designated
as the place of beginning.
By Article IV, the line is to be drawn so as to leave the whole of
Prince of Wales Island to Russia. If a due east line is to be drawn
from the southernmost point of the island to the entrance at Portland
Channel, these words “leaving the whole of Prince of Wales Island to
Russia” are surplusage, because a due east line would not only leave
the whole of the Prince of Wales Island to Russia, but would leave
several other large islands, of which no mention is made, lying between
this island and the mainland. If Clarence Channel is taken, there is
an obvious reason for providing in the treaty, the words, that the
whole of the Prince of Wales Island shall be left to Russia, because a
line ascending from the southern most point north, would cut off the
southeastern portion of the island, but these words have no proper
place in the treaty if the line starting from the southernmost point
of Prince of Wales Island is to be extended eastward to the entrance
of Portland Channel, as it would not be a line “ascending north” from
the southernmost point of Prince of Wales Island. It will be observed
that this qualification found in Article IV of the description given of
the limitary line in Article III is unaccountable, if a line is first
to be drawn eastward from the Prince of Wales Island to the entrance
to Portland Channel. Why should this portion of the description have
been omitted altogether? It is, I think, clear from the wording of the
treaty, that the use of the words “Portland Channel” cannot refer to
the body of water commonly so designated, and the whole of this part of
the description of the boundary is inapplicable.
Let any intelligent reader with a map before him, undertake to draw
the line from the description which the treaty furnishes. If he begins
at the southernmost point of Prince of Wales Island, which lies in
54 degrees, 40 minutes of north latitude, he cannot from that point
ascend to the north along Portland Channel. The name of the channel
through which the line is drawn are words subordinate to the direction,
description and relation of the line so drawn to the starting point,
which determines, in my opinion, through what waters the line is to
so ascend that the whole of the Prince of Wales Island is to remain
in Russia. It is assumed in the words of description, found in the
treaty, that the line that ascends to the north along the channel, can
do so as far as to the point of the continent where it strikes the
56th degree of north latitude. This is a point, upon the shore, in
which the boundary upon the mainland is to begin, and so the words are
wholly inapplicable to Portland Channel, as it falls short, by several
miles, of extending to that degree of latitude. The channel which
lies immediately east of Prince of Wales Island, and through which
the descriptive words of the treaty requires the boundary to be drawn
does so extend, so that the geographical conditions fit in with the
description in the one case, and do not in the other.
By the third article the line of demarcation is to follow the summit
of the mountains, situated parallel to the coast as far as the
intersection of the 141st degree of west longitude; and the fourth
article provides that whenever the summit of the mountains, which
extend in a direction parallel to the coast from the 56th degree
of north latitude, shall prove to be at the distance of more than
ten marine leagues from the coast, the limit between the British
possessions and the line of coast which is to belong to Russia shall be
formed by a line parallel to the windings of the coast, and which shall
never exceed the distance of ten marine leagues therefrom.
It is too clear to require argument that the limitary line was to
follow the coast range and the summit of that coast range, whether high
or low was to be the boundary, when it was not more than ten leagues
from the coast. In many places inlets extend through canyons through
the mountains, and so much of each of those inlets as would be cut off,
by a line drawn from the summit of the mountain upon the one side, to
the summit of the mountain upon the other, is Canadian territory. The
line cannot be removed further inland, because there may be a gap in
the mountains into which an arm of the sea extends. The coast range
approaches these inlets on each side, in most cases, near the waters
of the ocean. When you pass the Lynn Inlet, it will be found that the
coast range embraces peaks from 10,000 to 18,000 feet high, and it does
seem to me preposterous to contend that the provisions of the treaty
can be applied by drawing a line in the rear of those mountains, as
certainly would be done, if the boundary passed around the head of Lynn
Inlet.
It is, I think, manifest that the framers of the treaty assumed,
that harbours, inlets, and arms of the sea, would be found, when the
boundary was drawn, within British territory, and certain provisions of
the treaty were entered into upon this assumption.
Article VI provides that the subjects of Her Britannic Majesty from
whatever quarter they may arrive, whether from the ocean, or from
the interior of the continent, shall, for ever enjoy the right of
navigation freely, and without any hindrance whatever, all the rivers
and streams, which in their course towards the Pacific Ocean, may
cross the line of demarcation on the line of the coast. As some of
those rivers flow into Bering Sea, it is perfectly obvious, that the
contracting parties assumed that the navigation of that sea was open to
British vessels.
By Article VII for a period of ten years, the vessels of the two
powers, and of their subjects respectively shall mutually be at liberty
to frequent all the inland seas, the gulfs, havens and creeks on the
coast mentioned in Article III. The coast mentioned in Article III
is not the entire coast of the continent, but the coast north of 54
degrees 40 minutes.
By Article X every British or Russian vessel navigating the Pacific
Ocean, which may be compelled by storms or by accident to take shelter
in the ports of the respective parties shall be at liberty to refit
therein, to provide itself with all necessary stores and to put to sea
again without paying any other than port and lighthouse dues, which
shall be the same as those paid by national vessels.
This is not a temporary arrangement but a permanent one which each
party has within the ports of the other.
It has been contended by some of the United States press, that the
waters belonging to Great Britain herein referred to, are those that
lie south of the 54th degree 40 minutes of north latitude, but this
is not so. Those territories were in dispute between Great Britain
and the United States, and with reference to them no compact was
entered into in the treaty between Russia and Great Britain. What is
entered into is the establishment of a boundary north of 54 degrees
40 minutes, and it is with reference to this boundary, separating
the territories of Russia from the territories of His Britannic
Majesty, that all the provisions of the treaty referred,--Russia made
no claim, in this treaty, to any territories further south. She set
up no pretensions to any privileges further south; what was being
settled was the dispute between Great Britain and Russia in respect
to sovereign rights north of 54 degrees 40 minutes north latitude.
The subjects of Great Britain were without any hindrance whatever to
have liberty of navigating freely all the rivers and streams which in
their course towards the Pacific Ocean may cross the boundary line,
the line of demarcation, as set out in Article III of the convention.
These rivers and navigable routes were not rivers south of 54 degrees
40 minutes north latitude, but rivers north of that latitude--rivers
that flowed from British territory through the Russian territory upon
the coast. All the provisions of the treaty relating to fishing and
to navigation have reference to the territories and waters which were
the subject of the treaty, and so it is wholly beside the question
to refer to the convention between the United States and Russia of
the previous year. It is as plain as anything can well be, that the
contracting parties assumed that when the separating line came to be
drawn, under the treaty, that there would be, in some places, harbours
and inlets remaining on the British side of this boundary line, and
Russia stipulated for the right of Russian navigators to use them,
and for her ships to take refuge in them, as she had conceded a like
right to the subjects of His Britannic Majesty. These would, indeed, be
strange treaty stipulations, if upon the whole length of this boundary,
from the 56th degree of latitude to Mount St. Elias, it never crossed
an inlet, and at no point touched the sea. This is, in my opinion,
a conclusion which no one who will candidly examine the treaty, can
reach, and I ask a fair consideration of our side of the dispute by the
people of the United States, to whom justice is far more important than
success.
TRANSCRIBER’S NOTES
Italic text is denoted by _underscores_.
Inconsistent punctuation has been retained as it appears in the
original publication.
Perceived typographical errors have been silently corrected.
Changed “Behring Sea” to “Bering Sea” (as it is named after Vitus
Bering).
*** END OF THE PROJECT GUTENBERG EBOOK THE CANADIAN VIEW OF THE ALASKAN BOUNDARY DISPUTE AS STATED BY HON. DAVID MILLS, MINISTER OF JUSTICE ***
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