Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-10-21
COMPLETE VICTORY
Continued from page ~

are, in our judgment entitled to such
from them. which will en-
able them to comprehend fully the
manner in which their interests have
been dealt with. We take up the points
of the decision in the order in which
they are presented by the treaty under
which the tribunal was constituted:
"First-The Portland canal. There
are two channels parallel with each
other with four islands between them
The Canadian contention is 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 ar
glment and considered this question
the view of the three British commits
sioners was that the Canadian conten-
ton was absolutely unanswerable. A
was prepared and read
to the commissioners embodying our
views ard showing it to be beyond dis
putc that the Canadian contention in
this branch of the case should prevail
and that the boundary should run to
the northward of the four islands nam
ed. thus giving them to Canada. Not
Withstanding these facts the members
of the tribunal other than ourselves
have now signed an award giving two
Of the islands. Kannaghunut and Stk-
Ian, to the United States. These two
islands are the outcrmost 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 islands.
There is, in our opinion, no process
of reasoning whereby the line thus de-
cided upon by the tribunal can be iusti-
fed. 1t was never suggested by coun-
sci in the course of argument that such
a line was possible Either the four
islands belong to Canada or belong 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 channel. Substantially the
Canadian contention regarding this line
that there are mountains parallel with
the coast, within the meaning of the
treaty of 1926 and that the tops of such
mountains should be declared the
boundary, the mountains nearest the
sea being taken. The United States
contention 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 I'M
der the provision III the original treaty
relating to 10 leagues and so be run a
distance of 50 miles from the shore in
Guiding in the term shore the heads
OF all inlets, bays, etc.
The tribunal finds that the Canadian
contention is correct as to the eXistance
the treaty, but the fruits of victory
have been taken from Canada. fixing as
mountain line q row of mountains so
far from the coast as to give the United
States substantially nearly all the ter
ritory in dispute.
Around the head of the Lynn canal
the line follows the watershed, some
what in accordance with the present
provisional boundary. We are of the
opinion that the mountain line by King,
the Dominion astronomer, 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 acQuescence
to adverse occupation deprived been
deprived hereafter of her right to claim
the head of the Lynn canal we would
have regarded such conclusion as per-
hans and blc ificg
ton. No such position can. however,
be taken regarding the inlets followed
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 coun-
try could have been held. 1t would
not, so far as we have been made
aware, have taken any territory actu-
ally occupied by the United States citi
zens, it 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 Ca
NADIA. Instead of taking the coast line
of mountains, line of mountains has
been chosen far back from the coast,
clearing completely all the bays, inlets.
etc. The mountain line adopted as the
boundary lies so far from the coast as
to give the United States substantially
all the territory in dispute The line
completely clears all the bays and in
lets and means of access to the sea-
giving the United States a complete
land barrier between Canada and the
sea. from the Portland canal to Mount
ST. Elias
I'VE have not been able to derive any
understanding from our colleagues on the
commission as to the principle on which,
they have selected their line of noun
tains and our observations of the discus
sions which resulted in the settlement of
this line have led us TO the conclusion
that instead of resting on any inteIlisi;,Ic
principle the choice of this line has been a
compromise between opposing and entire
~ irreconceivable views of the true mean
ing of the original treaty The result of
this compromise has. we think. been a
distinct sacrifice of the interests Of Can
ada. When it was shown that there were
mountains parallel with the coast. within
the meaning of the treaty. the only Iogi-