Page:Alaskan boundary tribunal (IA alaskanboundaryt01unit).pdf/111

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ARGUMENT OF THE UNITED STATES.
101

There is nothing in this, however, to justify any assumption that the individuality of the erest of mountains they had in view is to he ignored. or that any mountains, however hapbazard they might be, answer to what the negotiators contemplated, provided only they are within ten marine leagues from the coast. It is further observed upon the same page that the mountains were not to be nnbroken, and that this is made clear from the cireumstance that the line was to be erossed by rivers. The fact that the treaty contemplated that the mountains were to be crossed by rivers, and expressly provided for their navigation across the boundary to the ocean, does not justify the conclusion that such a partienlarized character of breaks in the mountains ineludes breaks six and ten miles wide. not miude by rivers, but by inlets and bays which were not specified, Under the general rule of construction that the specitication of ove is the exclu- sion of others, such an argument is wholly inadmissible.

In the British Case it is said that:

According to the British contention, the plirase “tla eréte des montagies”? signifies the tops of the mountains adjacent tothe sea. HM was introduce as a concession from the line along the haze of this slope proposed by Mr, Canning.

Awnin if says:

The mountains were to he the niountains next the sea,”

No wathority in support of this claim is to be found in’ the negotiations.

THE HAPS ACURSSIBLE Tt) THE NEGOTIATORS SHOWED A WELL DEPINED MAUNTAIN CHAIN Ta THE INTEIMOR OF THE MulNTAINS NEXT To THE SEA. AND CORRE: SPONDING TO THE LANGCICE OF THE TREATY.

It is known that the newotiators had Faden’s map of 1828, the unep of Ist? published by the Russian Qnarter-Master Generals Depart- ment, probably Vancouver's charts (a Russian, Enelish or French edition), one or more naps by Arrowsmith. and possibly the Langs- dorf map of Lse3-1505."

It is asserted in the British Case, but is not proven and therefore is not admitted in the Case of the United States. that Vancouver's Narv- rative was vead by the negotiators.”

  1. 8. C,, 31
PAs Aces os

bes. C.C., 7-8,