The record-union., 1899-11-05
Prepares a Statement Of This Governments
Case in the Controversy.
Reviews the History Of the Nego-
tiations Between Russia and
Great Britain, and Shows That
in 1889 the Hudson Bay Com
pany Leased From the Russian
Government the Very Strip
Now in Question.

WASHINGTON, Nov 4.-Ex-Secre-
tary Of State John w. Foster, a mem
Der of the Joint High Commission to
settle differences between the United
States and Canada, has prepared
summary of this Governments case on
the Alaskan boundary. It was read
last night before the American Geo
graphical Society.
Mr. Foster reviewed the history of
the negotiations between Russia and
Great Britain and showed that the
British only sought to prevent the ex-
tension of the Russian claims east
ward to the Rocky Mountains. The
British Government was then prepared
to accept a boundary line a hundred
miles from the coast of the mainland.
Great Britain afterward succeeded in
reducing this strip to a width of ten
marine leagues.
Russia permitted a ten-year license
to fish and hunt in the estuaries but
declined to make it permanent.
That license was terminated at the
end of the period and Mr. Foster says
is itself inconsistent with any inter-
probation of the treaty other than the
complete sovereignty of Russia all over
not only the strip of mainland but all
the bays and inlets.
Mr.. Foster showed that in 1889 the
Hudson Bay Company leased from the
Russian Government the very strip in
question, as shown by the Russian
maps, and in 1857 a parliamentary
committee examining the head of the
company brought out the fact that
Russian sovereignty extended thirty
nautical miles inland, following the in
dentations of the coast.
In 1873, he continued, a provisional
boundary was established by the United
States at the crossing of the Stickeen
River, which follows the present
American contention, and in 1876 a
criminal tried and convicted was re-
leased by Canadian courts because his
offense was committed 'in American
territory"
Mr.. Foster quoted the British Sec
retary Canning in his instructions to
the Duke of Wellington, where he says
Enlightened statesmen and jurists
have long held as insignificant all titles
OF territory that are not founded on
actual occupation and that title is, in
the opinion Of the most esteemed
writers on public law, to be established
by practical USE"
With this as a basis Mr. Foster made
the following strong presentation of the
American position regarding the bound
ary:
There is no claim or pretense that
the British authorities or subjects ever
occupied any of the territory now in
dispute except under the lease cited. or
ever exercised or attempted to exercise
any acts of sovereignty over the strip
or waters inclosed by it.
"tirst-Soon after the treaty of 1925
the Russian Government published a.
map, claiming the strip of territory and
all the interior waters of the sea in
closed by it.
Second The Russian American
Company established forts and trading
posts within the strip.
Ihlrd-By virtue of the lease cited.
which was recognized assertion of its
sovereignty, Russia temporarily trans
ferred these forts and posts to the Brit
ish Company.
Fourth-At the termination of the
extended lease it re-entered and took
possession and remained in possession
I'LL the cession of Alaska to the United
States
FHth-It received the allegiance of
the native Indians inhabiting the strip
and exercised supervision over them.
Sixth-lmmediatel after the ces-
sion in 1857 the Department of
state of the United States likewise
caused map to be published setting
forth the bounds of Alaska in accord
ance with the treaty of 1926 and the
same claim as to the strip was thereon
made as by Russia in it's map of 1927.
Seventh = Upon the transfer of
Alaska portion of the United States
army was dispatched to occupy the
territory, and a detachment was sta
toned for some time on this strip Of
the mainland.
Eighth-Since the cession Post
offices and post routes have been es-
tablished and maintained at various
points on the strip.
Ninth-Custom houses have likely
been established and duties collected
therein.
tenth = Government and mission
schools have been maintained and no.
taply SO for nearly twenty years at the
head of Lynn Canal
"Eleyenth-The revenue vessels of the
United States have continuously. since
the date of the cession patrolled the in
terror waters surrounded by the strip
to enforce the revenue and other laws
OF the United States.
'Twelfth-The naval and revenue
vessels of the United States have for
the same period exercised acts of SOW
ereignty over the Indian tribes inhabit-
ing the strip, especially. about the head
of Lynn Canal and the latter have
yielded unquestioned allegiance to the
United States.
"Thirteenth-In the census of 1889
and 1890 all the Indian tribes inhabit-
ing the strip were included in the pop
ulation of the United States and so
published in the official reports.
"Fourteenth-The territorial govern
ment of Alaska has exercised various
and repeated acts of sovereignty over
the strip and interior waters inclosed
by it, and the writs of the United
States Courts have run throughout its
whole extent.
"Fifteenth-Under the territorial
claim of the United States and the
protection of the Government citizens
of the United States have entered and
occupied the strip, built cities and
towns and established Industrial enter
prises thereon.
"All the foregoing acts have taken
place wtthout a single protest or COM
plant on the part Of the British or