The Van Buren press., 1903-10-24


of the decision In the order in which
they are presented by the treaty under
which the tribunal was constituted:
"First-The Portland channel-there
are two channels parallel with each
other with four islands between them.
The Canadian contention was that the
northern channel should be adopted
The United States contended for the
southern channel. On the result Of
the decision depended the possession of
the four islands, Kannaghunut, Sitklan,
Wales and Pearse When the tribunal
met after the argument and considered
this question, the view of the three
British commissioners was that the
unanswerable. A memorandum was
prepared and read to the commission
ers. embodying our views and showing
it to be beyond dispute that the Cana
dian contention in this branch of the
case should prevail, and that the boun-
Diary should run to the north ward of
the four islands named, thus giving
them to Canada. Notwithstanding
these facts, the members of the
tribunal, other than ourselves. have
now signed an award swing two of
the Islands, Kannaghunut and Sitkian,
to the United States These two is
lands are the outermost of the four
They command the entrance of the
Portland channel and The ocean pas
sage to Port Simpson. Their loss
wholly destroys the strategic value to
Canada OF the Wales and Pearse is
lands. There is, in our opinion, no
process of reasoning whereby the line
thus decided upon by the tribunal can
be justified. 1t was never suggested by
council In the course OF argument that
such line was possible. Either the
four islands belong to Canada or be-
long to the United States In the
award, Lord Alverstone agrees with the
United States commissioners that the
islands should be divided, giving the
two which possess strategic value to
the United States
"Second-The line northward from
Portland el-substantially the
Canadian contention regarding this line
was that there are mountains parallel
wl,.. the coast, within the meaning OF
the treaty of 1925 and the tops of such
mountains should be declared the boun-
Diary, the mountains nearest the sea
oh IFpt pei
tention was that there are no noun
tains parallel with the coast, within
the meaning Of the treaty, and that
the boundary must therefore be fixed
und~ the provisions of the original
treaty relating to ten leagues and so
be run a distance Of 80 miles from the
snore, including in the term shore
the heads Of all inlets bays. etc, The
tribunal finds that the Canadian con-
tention is correct as to the existence OF
the mountains within the terms OF the
treaty; but the fruits of victory have
been taken from Canada by fixing as
mountain line row Of mountains 50
far from the coast as to give the Unit
ed States substantially nearly all the
territory in dispute
Around the head OF the Lynn canal
the line follows the watershed, some
what in accordance with the present
provisional boundary,
I'VE are Of the opinion that the
mountain line traced by King, the
Dominion astronomer, along the coast,
should have been adopted at least 50
far as the shores Of Lynn canal II
effect were given to the contention
that Great Britain had by acQuiesence
70 adverse occupation deprived hersel!
Of her wight to claim the head OF the
Lynn canal we would have regarded
such conclusion as perhaps an open
and reasonable Justification, No such
opinion, however, can be taken re-
garding nlets lower down he coast.
Kings line, running along Ihe coast
TO the Lynn canal, and the liuc thence
around The head TO the Lynn canal,
following the watershed, would have
given Canada the heads Of the lower
inlets, with at least one nno harbor,
from which easy access to the Interior
of the Atlin and Yukon country could
have bean had II would not, no far aJ
we have been made aware, have taken
any territory ever actually occupied w
United States citizens, II would have
given the United States the whole Of
the Lynn canal, including Skagway,
Dyea and Pyramid harbors, and It
would have been, We think, reasonably
satisfactory to Canada, Instead of taE-
Ing the coast lnl Of mountains, n line
OF mountains has been chosen Far back
from tho coast, clearing completely all
the bays, inlets, &C The inouutn'n
line adopted as the boundary lies 40
far from the coast az 10 give the
United States substantially oil the tor
ritory IN dispute, The line completely
clears all the bayf and inlols and
means Of access 10 the sea, giving the
United slt,es complete land barrier
between Canada and the sea, from tbs
Portland channel 10 Mount 81, Elias,
1--WE have no, been able 10 derive
any understanding from our colleague
on tho commission M 10 the principle
on which they have selected tho'r Inc
Of mountains, AMI our observations ~
the discussions which resulted In tA1
settlement of this line have led NJ 10
the conclusion that instead OF resting
on any Ineligible principle, the choice
of this line has been compromise
between opposing and entirely Irrc-
concIlable views Of The true meaning
OF the original treaty The result OF
this compromise has, we think, been
q distinct sacrIhc, of the interests of
Canada When II was shows hat there