Page:Alaskan boundary tribunal (IA alaskanboundaryt01unit).pdf/53

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ARGUMENT OF THE UNITED STATES
29

called, the Thalweg is tuken as houndary.”* The rule ix not limited however to cases in whieh rivers are boundaries between conterminous states: it extends as well to the thalwee of ‘tu strait, sound. or arm of the sea.” That view is thus stated in Field's International Code, p. 16:

  • Boundary bya stron ov channel, 30, The limits of national terri-

tory. bounded by a river or other stream, or hy a strait, sound, or arm of the sea, the other shore of which is the territory of another nation, extend outward to a point equidistant from the territory of the nation occupying the opposite shore; or if there be a stream or navigable channel, to the thread of the stream, thit is to say, to the midehannel: or, if there be several channels, to the middle of the principal one.” To the same effect is Halleck, who says: * But where the river not only separates the conterminous states, but also their territorial jurisdictions. the Thalwey, or middle channel, forms the line of separation through the bays and estuaries through which the waters of the river flow into the sea.

“Asa weneral rule, this line runs through the middle of the deepest channel, although it may divide the river and its estuaries into very tmequal parts. But the deeper channel may be less suited, or totally wnifit, for the purposes of mivigution, in which case the dividing line would be in the middle of the one which is best suited and ordinarily used for that object. The division of the iskinds in the river and its bays would follow the same rule.”

In this case it is proven that the channel contended for by the United States is the deepest. broadest and by fur the most intportant because it is in fact the only really navigable and sufe one.” Vancouver, if his narrative shall be regarded as admissible evidence, put that fact at rest by deseribing the narrow, rocky and really unouvigable channel contended for by Creat Britain as an ‘tobject of no great yalue orconsideration.” Tu describing his boat exploration to the sea, partly throngh this channel, he says, and though our utmost exertions had heen ealled forth in tracing the continent throwgh this labyrinth

“int. Law, p. 127. ‘int. Law (Baker ed), vol. 1, p. 171, citing Ceriidling, Jive Net, p. 248; Wolfine, Jus Gentinm, Secs. 106-109; Stvpmanuus, Jus Merit, ete, cap. V,N. 470-452; Merlin, Repertoire, voc, *alluvinm;' Rayneval, Droit de fe Natere, tom. 1, p. 7; De Cussy, Deoit Maritine, liv. 1, tit. OF, See. 57,

©U.8, ©. C. App., 287-238,