directly to that parallel along the axis of the valley, which forms a continuation of Portland Canal, and not diverted to a point sixty miles to the westward in order to meet a chain of mountains, the existence of which is denied by the United States, and the absence of which is affirmatively established.


The United States, in considering that portion of the line of demarcation, described in Articles III and IV of the treaty of 1825, between the 56th parallel of north latitude and the 101st meridian of west longitude, contends that the claims made in the British Case and the boundary drawn therein (Map No. 26 of the Atlas accompanying this Counter Case) are based upon false premises, which are in direct conflict with the evidence adduced and contrary to the intention of the high contracting parties and the meaning of the treaty.

The claim of Great Britain and the authority to draw the line of frontier as is done in the British Case rest upon the assumption of a “ datum line"a based upon an erroneous meaning given to the words “ côte" and “océan;" upon the assumption that “la crite des montagnes" means the “summits" instead of the “crest" of the mountains;' upon a further assumption that distinct peaks can be said to parallel a coast line; upon ignoring the value of the word '* xinuosite's" in the negotiations and treaty; and, above all, upon a misconstruction or a failure to construe the plain intent of the negotiators as evidenced in the correspondence.

The word côte or coast may be employed in three distinct ways; (1) geographically, to designate the physical coast, the line where water ends and land begins; (2) legally, to designate the political courst, the line adopted in international law as the basis for the extension of municipal jurisdiction over portions of the high seas contiguous to the territory of a nation; and (3) descriptively, as the naime of a particular region.

(1) The physical coast line of the mainland under discussion, of which rirage and shore are synonyms, follows the limits of salt-water along all the meanderings of the continental margin, without reference to the adjacent islands.

(2) The political coast line (since all arms of the sea not exceeding


cIbid., pp. 16, 73.

a British Case, p. 73. b Ibid., pp. 27, 81.

six miles, and in some cases more, in width, and all islands are practically treated as portions of the mainland) extends outside the islands and waters between them. In the present instance the political or legal coast line drawn southward from Cape Spencer would cross to the northwestern shore of Chichagof Island and follow down the western side of that island and of Baranof Island to Cape Ommaney; at this point it would turn northward for a short distance and then cross Chatham Strait to the western shore of Kuin Island; thence again turning southward along that shore and along the outlying islets west of Prince of Wales Island, the line would round Cape Muzon and proceed eastward to Cape Chacon; thence following northward along the eastern shore of Prince of Wales Island to Clarence Strait it would cross the latter at its entrance and proceed southeastward to the parallel of 54° 40' at the point where it enters Portland Canal. Thus the political coast line of Southeastern Alaska does not touch the mainland between Cape Spencer and 55 of north latitude.

It should also be noted that there are no “inland waters" composed of salt water within the physical coast line, but within the political coast line there are a great number of straits, sounds and inlets, formed by the contour of the continent and the proximity of the islands to it and to one another.

(3) The coast used in a descriptive way is found in the names the “Northwest Coast", "the coast of Northwest America", and "the Coast" when used as a proper name or as the synonym of such

It may or may not in this sense include the islands adjacent to the territory so named.

The word océan, of which mer and sea are synonyms, is similarly used in three ways; (1) physically, to designate the entire body of salt water which surrounds all the continents and islands on the globe: (2) politically, as the waters beyond the legal coast line; and (3) descriptively, as a proper name of a particular expanse of the high seas.

The United States contends that the words “côte" and " ocean" in Articles III and IV of the treaty of 1825 are used in their physical and descriptive senses only, and that to draw their limits artificially as is done in the case of a political coast is inconsistent with their meaning and with the intention of the parties to the convention. It would appear that a similar use of the word “coast" is to be found

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in the proclamation and statutes of Great Britain, which granted to the Province of Newfoundland jurisdiction over the adjacent coast of Labrador," and which is interpreted in the map of the Dominion of Canada issued in 1902 by the Canadian Department of the Interior.

As an example of the use of the word “coast" in the negotiations, attention is directed to the following, which appears in Mr. Canning's draft convention of July 12, 1824, “the line of frontier shall ascend northerly along the channel called Portland Channel, till it strikes the coust of the continent." The same expression is again used in the draft accompanying the instructions to Mr. Stratford Canning, December 8, 1827. It is evident that the coast" referred to at the head of Portland Canal was the physical coast of the continent.

Sir Charles Bagot, in a paper which he delivered to the Russian plenipotentiaries at St. Petersburg, used in the same sentence the expressions, distant de la côte de 10 lienes marines” and “à la dis tance de 10 lieues marines du rivage." Sir Charles thus used the words ** cote" and “rirage" synonymously. The latter word could never be construed so as to refer to a political coast line. It is invariably applied to the physical coast.

The same use of the word is found at the present time, the word “coast" being applied to the margin of inlets far beyond the artificial coast of the British Case. Dr. George M. Dawson, who was familiar with the Canadian contention in its early stages, and informally discussed the question with Dr. W. H. Dall in February, 1888, stated, in a narrative of his exploration in the Yukon region, made in 1887: “We began the ascent of the Lewes, and from its head-waters we crossed the mountains by the Chilcoot Pass and reached the coast at the head of Lynn Canal on the 20th September.”] He wrote of the White Pass: “It leaves the const at the mouth of the Shkagrray River five miles south of the head of Taiva Inlet."! And again: “ The passes connecting the count with the interior country, from the heads of Lynn Canal to the upper waters of the Lewes, were always jealously guarded by the Chilkat ad Chilkoot Indians of the coaxt.9"

Thus Dr. Dawson, before his conference with Dr. Dall, employed

al'. S. Counter Case, App., pp. 283–285.
b Ibid., p. 250, No. 130.
cl'. S. Case, App., p. 183.
à British Case, App., p. 116.

(U. S. Case, App., p. 159.
s U.S. Counter Case, App., p. 258.
9 Ibiil., p. 261.


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the natural and customary meaning of the word “coast," in the same way that it was used by the negotiators of the treaty of 1825.

The British Case asserts that "it is clear that 'côte' and · Océan refer to the same thing."a If this statement is correct, then if the latter word is applied to the waters at the head of Lynn Canal it confirms the meaning of “coast” contended for by the United States. In 1898 Sir Wilfrid Laurier, during a debate in the Dominion House of Commons, said: “But if we had adopted the route by the Lynn Canal, that is to say, had chosen to build a railway from Dyea by the Chilkat Pass up to the waters of the Yukon, we would have to place the ocean terminus of the railway upon what is now American territory."! A little later in the same debate he spoke of “that strip of territory on the sea which hax Dyca as its hurbour;" and repeated the expression ocean terminus."c

It is clear that the Canadian Prime Minister used “sea" as a synonym of “ocean,” and that he considered them applicable to the salt water in the neighborhood of Dyea, that is, at the head of Lynn Canal.

In connection with the meaning of côte” adopted in the British Case, much importance is given, and considerable space is devoted to the instructions issued in 1893 by Dr. T. C. Mendenhall, superintendent of the United States Coast and Geodetic Survey, to his subordinates who were to take part in the joint survey to be undertaken under the convention of July 22, 1892; in which he directed them to carry their operations inland - thirty nautical miles from the coast of the mainland in a direction at right angles to its general trend.".

While the l'nited States appreciates the fact that this official used an expression which might be construed into an admission on his part that he coincided with the Canadian view, it emphatically denies that such was his intention. In an article subsequently published he clearly defined his attitude upon the construction of the treaty, which he, as an official, had no authority to do under the instructions issued to him prior to the joint survey." His position in regard to the boundary, as shown by this article, was directly opposed to the construction which has been placed upon his words by Great Britain.

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a British Case, p. 72.
OU. S. Counter Case, App., p. 171.
© Ibid., p. 172.

« British Case, pp. 73, 74.
U.S. Counter Case, App., pp. 269–276.
s Ibid.,

p. 268


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Furthermore, Dr. Mendenhall was superintendent in 1894 and issued instructions to the United States surveying parties, which were in the field that year. Several of the surveyors were assigned to the region about the heads of Chilkat and Taiya Inlets. In their instructions the following appear: “As the trigonometrical survey of the Chilkat and Taiya Inlets to the 10 marine league limit is of the greatest importance, the topography (of the lorer portions at least) bing secondary, you will first assist in the triangulation."a “On receipt of these instructions you will please arrange to proceed to Alaska and make a topographical reconnoissance of the country to the northward and eastırard of Taiya Inlet and River to the 10 marine league limit.

The party of Assistant Pratt will be engaged in the survey of the Chilkat Inlet and river to the boundary.") “On receipt of these instructions you will please arrange to proceed

to Lynn Canal, where you will execute the triangulation and topographical reconnoissance of the Chilkat and Taiya Inlets to the 10 marine league limit. Parties under the charge of Messrs. J. A. Flemer and H. P. Ritter will be operating in the mountain region adjoining Chilkat and Taiya Inlets,

It will be borne in mind that the triangulation to the 10 marine league limit and the topographical reconnoissance of the upper portions of the inlets are of first importance.Ӣ

According to the British contention the artificial coast line would cross Lynn Canal some 60 nautical miles south of the heads of Taiya and Chilkat Inlets which would, therefore, be over 25 miles beyond a lisière of 10 leagues in width based upon such a coast line. The t'nited States parties in 1894 were assigned by Dr. Mendenhall to survey Taiya Inlet and River and Chileat Inlet and River, du with a view to the ascertainment of the facts and data necessary to the permanent delimitation" of the boundary;' and it should be noted that an attaché of the British commissioner accompanied one of the United States parties which surveyed both inlets and rivers./

The instructions issued to the Canadian surveying parties in 1894 have not been made public nor have they as yet been produced before



a U. S. Counter Case, App., p. 279.
Ibid., PP. 280–281.
CV. S. Counter Case, App., p. 276.
d British Case, App., p. 281.


282. s Ibid.,


p. 284.

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