The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-12-16
FISHERMEN AND MINERS.
RIGHTS OF AMERICANS IN DIS
PUTED TERRITORY.
Secretary Hny Advises Consul Dud-
ley at Vancouver Of status, Prom
Using to Protect Legitimate In

Special Dispatch to the Post-Intelligencer.
VANCOUVER, b. C., Dec. i5.-Col. l..
Edwin Dudley, United States consul at
this port. having, recently received num-
Der OF Inquiries concerning the regula-
tions governing miners within the strip
of disputed territory In Alaska, and more
particularly Porcupine creek, has been
In correspondence with the state depart
ment at Washington concerning the mat
tiers at Issue. simultaneously he took up
with Secretary Hay the question of the
fisheries on the coast of British Column
nia.
An official reply to these matters has
Just been received by Consul Dudley from
Washington. Concerning the fishing con-
troversy. the state department informs the
cyonsui that II "cannot undertake to adj
wise persons as to what course they should
pursue IN the matter of fishing In the
waters Of Dixon inlet and Hecate strait,
but 1t will endeavor to protect all legi-
innate interests OF American citizens in
VOWED. 1t may be noted that Dixon inlet
Is water common to both parties. while
the narrow part OF Hecate strait Is flank
ed on both parts by British territory. In
the absence OF treaty definition of the
respective rights In the premises any
question that might arise would be open
to discussion on the generally received
doctrines Of International law, and how
ways uniformly interpreted doctrine OF
wateraetaoinshrliucm fwypnpfwypqj
mara clausum may be applied to such
waters cannot be foreseen."
Modus vivendi Comedies NothinE.
On the boundary question Secretary
Hay writes:
"A perusal of the modus vivendi will
show that nothing has been given. that.
as a purely temporary measure, pro-
visional line between the respective juris-
dlctions has been traced at certain points
only. namely. on the Dalton trail and at
Chilkoot and White passes--all these be-
Ing without prejudice to the fullest as
sertion OF our rights and the determina-
he time Shall come Tor in
settlement. When that time comes every
legitimate right under the Treaty of Ces-
sion OF Alaska Will be asserted
THE circumstance that the negotfatign
of modus vivendl was prolonged for
some two years before an agreement was
reached was due to- the !nsistence Of
this government that no solution was
admissible which should not recognize
and guard all rights and privileges gained
by the American miners and other citi-
zens who had settled In the disputed
our demand that the American citizen.
who. by the operation of any provisional
agreement. might be found within the
should suffer no diminution of their ex-
listing rights, was an essential condition
from which no recession was possible.
In concluding his letter. Secretary Hay
says:
''The rights of the United States in the
matter OF the treaty boundary are abso-
lutely intact. and their assertion. In due
time will be earnest and thorough. In
the meantime. this government foregoes
no part Of It's right and power to pro-
tect its citizens In the Porcupfne creek
region. whether they be temporarily with
In American or British Jurisdiction, In the
full enjoyment OF all rights and privileges
which they had before the modus was
concluded. and to see that their freedom
of access and exit with their goods, IL
not unreasonably fmpeded.-