The Indianapolis journal., 1903-10-21

States's contention was that there were no
mountains parallel with the coast, within
the meaning of the treaty, and that the
| boundary must therefore be fixed under
the provision of the original treaty relating
to ten leagues. and so be run distance
OF thirty-five miles from the shore, in
cluding in the term shore the heads of
all inlets, bays, etc. The tribunal finds that
the Canadian contention is correct as 10
the existence of the mountains within the
terms Of the treaty. but the fruits of VIC
tory have been taken from Canada by
hxlng as a boundary line row OF noun
taIns so far from the coast as 10 give the
United States substantially nearly all the
territory in dispute. Around the head of
the Lynn canal the line follows the water
shed, somewhat in accordance with the
present provisional boundary.
we are of opinion that the mountain
line traced by King. the Dominion astron-
omer, along the coast should have been
adopted at least so far as the shores Of
the Lynn canal. If effect were given TO the
contention that Great Britain had by ac-
| quiescence TO adverse occupation deprived
herself or her right TO claim the head OF
the Lynn canal would have regarded
such conclusion as perhaps an open and
reasonable justification. No such position
can. however. be taken regarding the inlets
lower down the coast. Kings line. running
along the coast TO the Lynn canal. and the
line thence around the head OF the Lynn
canal following the watershed. would have
given Canada the heads of the lower inlets.
with at least one fine harbor, from which
easy access TO the interior of the Atlin
and Yukon country could have been had.
1t would not, far we have been made
aware, have taken any territory ever ac-
tually occupied by United States citizens,
IL would have given the United States the
whole of the Lynn canal, including Skag-
way. Dyea and Pyramid harbors, and IT
would have been. We think, reasonably sat
isfactory TO Canada. Instead of taking the
coast line of mountains, line of mountains
! have been chosen far back from the coast,
clearing completely all the bays, inlets, etc.
| The main line adopted as the boundary
| lies so far south as TO give the United
states substantially all the territory IN
| dispute. The line completely clears all the
| bays and inletS and means of access to the
| sea, giving the United States complete
| land barrier between Canada and the sea
! from the port and canal TO Mt. st. Elias.
| We have not been able to derive any under
standing from our colleagues on the COM
mission as to the principle on which they
| have selected their line of mountains and
| our observations of the discussions which
! resulted in the settlement of this line have
| led us to the conclusion that instead OF
resting on any ineligible principle, the
| choice OF this line has been a compromise
| between opposing and entirely irreconcilable
views of the true meaning of the Original
/ treaty. The result of this compromise has,
we think, been a distinct sacrifice or the
interests of Canada When it was shown
that there We're mountains parallel with
/ the coast within the meaning OF the treaty,
| the only logical course, in our Judgment,
was to adopt as boundary the mountains
in the immediate vicinity of the coast
| "Third-Regarding the general questions
! of inlets the tribunal finds against the
contention of Canada We are both strong
| ly of the opinion that this conclusion is
wrong, and we have put upon record at
| length the reasons for our view in this re-
/ spect.
Finally. if the six members of the tri-
| bunal had each given individual Judlclai
! decision on each of the questions submitted
we would have conceived 1t to be our duty,
under the treaty of 1903 however much we
| might have differed with our colleagues, TO
| have Joined in signing the document which
constituted the official record of answers.
/ We do not consider the finding of the tri-
| bunal as to the Islands at the entrance OF
| Portland channel, or as to the mountain
! line judicial one. We have therefore de-
| clined to be parties TO the award.
| Our position during the conferences OF
| the tribunal has been an unfortunate one.
| We have been in entire accord between
| ourselves and have severally and jointly
| urged our views as strongly as we were
! able; but we have been compelled TO wit
ness the sacrifice of the interests Of Can
| ada. We were powerless TO prevent 1T.
| though satisfied that the course which the
majority was determined to pursue in re-
| spect to the matters above specially re-
ferred to ignored the just rights of Can
/ ada.
| In an interview Clifford Sifton the Cana
dian minister of the interior and agent of
| Great Britain. said: 1.-The award was sub
| stantially in favor of the United States all
! along the line We have, it is true, sue
ceeded in establishing two of our main con-
| tentions-firstly, as to the Portland canal
and secondly, as 10 the existence of a
mountain boundary line, but while finding
in favor of our contentious upon these
| phases of the case, the tribunal has worked
| out line In such way as to deprive us
! of all practical benefit. While get
| Wales and Pearse islands, which the Amer
leans have been in possession of for some
years, they are deprived of value to Can
| ada because of the fact that two islands
which lie Immediately outside and COM
mand the entrance to Observatory inlet
| and to Port Simpson are given to the
| United States. | do not profess to under
stand the principle upon which these is
| lands are given away.
| The mountain boundary line, while
| adopted as contended for by Canada, is
| drawn so far back that the United States
gets practically all she has seriously con-
| tended for. As TO our position on the sub
ject of the heads of inlets. it has appar-
| emily received no consideration from the
majority of the tribunal
When questioned regarding the conduct of
the case by the representatives of the
United States, Mr.. Sifton said: II have to
say that the agent and counsel of the
| courtesy and good faith throughout
One of the Canadian commissioners said
| This award affects much more the relation
| between the Dominion and the mother
| country than people here seem to realize
| and almost marks the parting of the ways,
at least SO far as leaving any such question
| to England to decide for u.s.
A Canadian who has been most intimate
| ly and prominently associated with the
Alaska case said 1T is the hardest blow
the imperial tie has ever received The
place Lord Alverstone filled was clearly
| that of agent for the British government
1t will be shock to the Canadian people
! to know that Notwithstanding all the pro-
fessions of friendship and sympathy the
solemn formalities of the international
court have simply been used for the pur-
pose of handing over Canadian territory
| to the United States. Canada has not only
| been spontaneously but zealously in de-
fense of British territory and has been
! willing to sacrifice blood and treasure in
defense of the motherland. She must now
face the fact that when imperial interests
or friendships require it her territory may
be handed over without the slightest hesi-
tation. This marks the most serious epoch
| in the relations between Canada and the
4 no. frNyff