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INDEX TO MINUTES OF PROCEEDINGS.

[The Minutes of Proceedings, or Oral Argument, is in two volumes-VI and VII-in this edition. The page references in this index refer to the pages of original edition, which are inset in these two volumes, as follows: Volume VI, inset pages 1 to 441, inclusive; Volume VII, inset pages 442 to 835, inclusive.]

Access to Yukon territory-Special value to Canada of territory in dispute. (Finlay) 6.

Acquiescence

Action subsequent to Treaty of 1825 could be inquired into
under doctrine of acquiescence. (Taylor) 500.

Acts of possession, see that title, also names of any particular
Acts.

British ignorance of United States Acts of occupation-" You
cannot protest against a thing you never hear of." (Rob-
inson) 479, 481.

Acts in question were undoubtedly known to British Min-
ister at Washington. (Dickinson) 824.

Ogilvie Survey Reports printed in Canadian Sessional
Papers. (Dickinson) 829.

Expedient to remove difficulty connected with doctrine of pre-
scription. (Taylor) 554.

Extent of application of doctrine-Acquiescence may be looked to as indicating an understanding and an interpretation. (Dickinson) 732.

Field's, Mr. Justice, judgment in the case of Indiana v. Kentucky. (Taylor) 555.

Laurier's, Sir W., statement in 1898 that from time immemorial Russia and United States had been in possession, and no protest had been made. (Taylor) 554.

Maps What obligation was there upon nations to supervise the cartographers of their country and of the world? Great Britain entered a formal protest against the boundary shown on the maps the first time it was brought to her notice. (Robinson) 476.

No acquiescence or consent as between the United States and
Great Britain during whole period of dispute. (Fin-
lay) 6.

Negotiations for settlement of boundary were open while
these Acts were taking place. (Carson) 637, 643.
(Refer also to title Notice.)

Passamaquoddy Bay, Commission relating to title to islands-
Argument of British Agent. (Taylor) 556; (Dickinson) 820.

Acquiescence-Continued.

Period of acquiescence by Great Britain. (Taylor) 554, 557.
Positive acts or omissions-No positive act alleged against Great
Britain. (Robinson) 481.

Supreme Court of the United States Authority, &c., with re-
gard to doctrine of acquiescence. (Taylor) 554.

Value of doctrine of acquiescence-Means of interpretation, no particular period required to perfect it, &c. (Taylor) 554. Action outside the Treaties of 1825 and 1867-Consideration of, as evidence by the Tribunal, so far as it tends to show original and effective understanding-Provisions of Treaty of 1903. Acts of possession, question of admissibility of United States' evidence, &c. (Finlay) 6, 8, 317, 322, 323.

Greater number of the Acts were done during the time when
the Parties were at issue as to meaning of Treaty of
1825-Acts of no value under terms of Treaty of
1903. (Finlay) 299.
Criticism of British contention. (Dickinson) 792, 793,
795, 820.

Controversy from 1872 onwards concerned the
delimitation of the line in the interior, and did
not affect inlets question. (Dickinson) 793, 794,
795..
How much interpretation, how many years of inter-
pretation were necessary?-Could a claim made
in 1872 wipe out the unbroken assertion of title
by United States from 1825-1872, or notice in
1888 render nugatory all the public and solemn
Acts preceding it? (Dickinson) 792, 793, 807,
808, 830, 831.

Salisbury's, Lord, despatch to Mr. Choate of October, 1899-
Principle laid down with regard to acts of possession.
(Finlay) 298, 299.

Both parties, concurrence of, in any particular interpretation of the Treaties, either in expressed terms or by action-Essential qualification of any act adduced in evidence. (Finlay) 8, 297, 310.

Criticism of British contention. (Taylor) 501.

Meaning of Article III of Treaty of 1903

Effective understanding, meaning of. (Watson) 334.

Tribunal "shall" consider, not anything and everything presented as evidence, but all the evidence which they think may assist them. (Robinson) 466.

Negotiations, admissibility of

Character of the lisière must be gathered from the negotiations. (Taylor) 514.

Definition of lisière, British Argument admitted of reference to the negotiations. (Taylor) 514.

Might be used to throw light upon what the negotiations meant, but could not be invoked to vary the Treaty. (Finlay) 11.-Criticism of British contention (Dickinson) 659. Slight value to be attached to negotiations-Ignorance of territory in question, Length of negotiations, Change of Representatives, &c. (Robinson) 456, 457, 461, 462.

Action outside the Treaties of 1825 and 1867—Continued.
Negotiations, admissibility of-Continued.

Superseded by the bargain made. (Robinson) 455.
Criticism of British contention. (Taylor) 514.

United States insistence on negotiations and comparative
neglect of Treaty itself. (Robinson) 455.

Private individuals, action of-

Action excluded. (Finlay) 7.—Criticism of British conten-
tion. (Taylor) 501.

Governments are not responsible for their citizens making
claims on other Governments. (Dickinson) 810, 814.

Rule in reference to construction and determination of boun-
daries. (Watson) 328.

Rules regulating admission of evidence refer to titles, Evidence,
and Treaties-Construction.

Subsequent action-Ambiguities may be explained, but a con-
tract cannot be changed by subsequent action of the Parties.
(Robinson) 467.

Subsequent as well as preliminary action to be considered.
(Watson) 334, 335, 336.

Text of Treaty of 1903, 7.

Treaty of 1825-Predominant importance of-Action only to be
referred to where the Treaty was not plain. (Carson) 558.
Unvarying view of the Treaty, United States Claim-

Examination of Statement. (Robinson) 494.

Map of 1867, Difference in width of lisière from that now
claimed. (Finlay) 308.

Acts of possession, of government, occupation, &c., put forward by
the United States as showing the effective understanding of
the Parties, and as proving Great Britain's acquiesence-
Evidence before the Tribunal-Admissibility of acts of posses-
sion, &c.; see title Action outside the Treaties.
Russian action from 1825 to 1867-

Fort Dionysius, erection of. (Finlay) 301.

Hudson's Bay Company, competition in Observatory Inlet
and Stikine River-Russian Governor's reports in 1832
and 1834. (Finlay) 300, 301.

No port or station at all upon the lisière. (Finlay) 299.
Taku River, discovery in 1834. (Finlay) 301.

United States action in 1867, and from 1867 onwards-
Acts prior to 1872, résumé of. (Dickinson) 792, 793.
Acts between 1872 and 1888, résumé of. (Dickinson) 807.
Acts between 1880 and 1885-Establishment of a station at
Hays, &c. (Finlay) 309.

Acts between 1888 and 1891, résumé of.

(Dickinson) 814,

815.
Nature and extent of government exercised by United
States Extracts from United States' Government
Reports showing that there was nothing like a proper
system of government. (Finlay) 308, 309; (Carson)
653, 654.

Nothing in reports to indicate restriction or limitation
of jurisdiction of United States. (Dickinson) 830.

Acts of possession, of government, occupation, &c.—Continued.
United States action, &c.-Continued.

Number of United States citizens residing within lisière
chiefly along inlets, Census of 1900. (Watson) 330,
426.

Total population 3,957, instead of 11,000, Number of United States citizens considerably less than 3,957. (Carson) 654, 655, 656.

Purchase of Alaska by United States-Not a word of objection from England or Canada. (Watson) 329, 330. Imaginative picture-If there was anybody they wished to keep out of the negotiations it was Great Britain. (Carson) 633, 634.

(For particular Acts, see their names, also title Occupation.) Adams, Mr. Secretary of State, United States

Letter to Mr. Middleton (July 8, 1823)

Coast North-west Coast as used in Russian Ukase of 1821 understood by Mr. Adams in Russian sense of entire coast. (Dickinson) 739.

Russian rights in 1821-Rights of discovery, occupancy, and uncontested possession alleged by Russia were without foundation in fact. (Carson) 586, 587.

Addington, Mr. H. U.

Neutrality of North-west Coast-Consent of British Government to arrangement proposed between Hudson's Bay Company and Russian-American Company. (Taylor) 509.

Adjustment of difficulties between Great Britain and the United States-Attempts prior to 1903. (Finlay) 7.

Admiralty charts (British)

Bays and Inlets, boundary line running round heads

1856 (No. 2461), reissued, with corrections in 1861 and 1866. (Dickinson) 765, 784.

1877-Inscription changed so as to read" Boundary between British and American territory." (Dickinson) 784. Unchanged line continued on Admiralty maps up to 1901. (Dickinson) 784.

Portland Channel Question, Evidence on

1853 (No. 2168), Chart purporting to be based on Vancouver. (Dickinson) 706.

1865, with correction to 1884 (No. 2431), Cordova Bay
to Cross Sound. (Dickinson) 707.

1868-Admiralty maps. (Finlay) 163; (Dickinson) 707.
Wharton's, Mr., note dated April, 1886. (Finlay) 163.
Merely a private opinion. (Dickinson) 708.
1877 (No. 787). (Dickinson) 708.

1884-Oliver Bay to Cross Sound-Occurrence of words
66 Portland Inlet." (Finlay) 166.

1896 (No. 2458), Fort Simpson to Port McArthur. (Dickinson) 709.

No. 25, British Atlas. (Taylor) 529.

No. 33 (brought down to 1884).

(Taylor) 530.

No. 2430-Queen Charlotte's Island and adjacent coasts of
British Columbia. (Dickinson) 708.

Admiralty charts (British)-Continued.

Portland Channel Question, Evidence on-Continued.

No. 2461-Pacific Ocean from Cook River to Gulf of Cali-

fornia. (Dickinson) 706.

No. 5431. (Dickinson) 709.

Admiralty map of 1876-

Mountains, representation of. (Finlay) 297.

Admiralty maps, Russian-

See Russian maps.

Africa, partitioning of-Bearing of North-west Coast controversy.
(Taylor) 503.

Aleutian Islands-

Real centre of Russian activity. (Carson) 594.

Alsekh River—

Determination of boundary, proposals of 1873. (Finlay) 311.
Alverstone, Baron-President of the Tribunal and Lord Chief Jus-
tice of England-

Coast-

Article VII of Treaty of 1825-Application to the lisière
only, or of general application to possessions of either
country upon North-west Coast? 450.

Heads of inlets, measuring width of lisière from-(c) in
Question VI was a repetition of Question V, 580.

Sinuosities of the coast-An affirmative answer to Question
V would not necessarily involve the neglect of the sinu-
osities, 577.

Ukases of 1799 and 1821, meaning of "North-west Coast "
as used in-Reading into Ukases considerations which
did not affect minds of framers, 736.

Grant's, President, Message to Congress in 1872-President
Grant did not consider the boundary question to be a settled
question, 638.

Herbert, Sir Michael, death of, 567, 568.

Iselcat, mistaken reading for Chilkat, 798.

Lynn Canal, territorial waters limit-Geographical peculiarities
of locality rendering the application of general principles
extremely difficult, 220.

Maps

Colouring of maps not of much assistance on minor details,

158.

Dawson's Canadian Map, 1887, importance of, in respect of
date of first British claim to inlets, 488.

General line of coast to which lisière line was to be drawn
parallel according to British contention, map showing-
Line crossed islands, but did not give any islands to Great
Britain, 753.

Mountain boundary-

American survey-Request that information on Mr.
King's survey might be indicated on the American
Survey, 269, 270.

Arrowsmith map of 1833-Note that wherever there
were mountains that was to be the boundary, 295.

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