Page:Alaskan boundary tribunal (IA alaskanboundaryt01unit).pdf/104

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94
ARGUMENT OF THE UNITED STATES.

TILE MEANING OF “COAST” IN ART. VII. OF TREATY OF LS25,

In this connection attention is called to an argument, presented in the British Case based on Art. VII. of the treaty of Is25, It proceeds as follows:

A further argminent in support of the British contention can be hased upon Article VIL of the treaty. The tiberty to freqnent the inflam seas, guifs, havens, anil creeks on the eoast coentionedl in Article TD is reserved uentaally by both powers. This conteniplates the possibility, at least, that some of these waters may be Hritish.«

The statement that this contemplates the possibility at least that some of these waters may be British.” shows that it is meant to claim that Art. IL. could not apply to any British waters south of 54° 40°, that it meant only the coast and waters north of that latitnde; and that as Art. VIL. contemplates a nse by Russia of some British waters, con- sequently it must have been understood that such waters wight exist under Art. LIE. north of 54° 40°. The argument conchides by saying that the article ** of course only postulates that there should be some Russian waters to which it may apply. Tt equally postulates that there should be some British waters to which it may apply.”

This is absolutely without foree, in its hearing on the Fifth Question, The meaning intended is that taking Arteles HL. and VIL. together, there can possibly be no British waters to which Art. VIL, ean apply,

unless they be found north of 44 -b'. and that this being true, it follows that, to vive any meaning to the veciprocity provided for in that Article. the negotiators contemplated that. in driving the inner line of the //s/ér, some of the bays and inlets or parts of some of them, might go to Great Britain.

Article ITD. is not by its terms conlined to the coast north of 54> 40, The coast assigned to Russia is, laut the Article deals with the whole northwest const, and then particularly detines that part which is to go to Russia. It sys:

The line of demarcation between the possessions of the high contracting parties pon the coast of the continent aud the islands of Amerion to the northwest shall be drawn in the manner following.

South of the line was to belong to Great Britain, Here, then, are British waters and British cousts to which Art. VIL. applies. without forcing such a remote conclusion as that it must have been intended to be framed so that it might apply to waters north of 54° 40%,

op. C., 7.