Page:Alaskan boundary tribunal (IA alaskanboundaryt01unit).pdf/74

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ARGUMENT OF THE UNITED STATES.

3. Phat through their conduct such was the common understand- ing of the civilized world.

4. That with such anderstanding, and velying on it, the United States purchased this territory of Russia in good faith. und paid for it.

5, That the United Stites cntered into possession of the territory so purchased. and exercised jurisdiction over it from L867, down to the present time; that there was such possession and exercise of jurisdic tion over the inland waters now in dispute and the coasts thereof, as to show at all times that, they were claimed by the United States, as baying passed to it by the sid treaties of 1825 and 1867, and that Great Brituin had no sovereiguty over such waters and coasts; that Great Britain never in any way set up any clain: to any part of such waters or cousts until 1595, andsthat this course of conduct on her part demonstrates that it was her original and effective understanding of the treaty of 1525, that the /és/4re should continue unbroken around the heads of all the hays and inlets.

The present controversy arises out of conflicting views as to what the purties meant by *ecéte.” “le eréte des montagnes.” ~ !Océan,” Vixtere” and ** sinuosities.”

There is also a controversy as to whether or not there are moun- tains, such as are referred to in the treaty, situated within ten marme leagues of the const. With much labored technical skill, sustained by a lively imagination. it is claimed that «a mountain crest can he sevre- gated from the jumble of mountain peaks, in disurray, in proximity to the coast, conformable in all essential qualities to the conditions of the treaty.

This line on a nonntain crest, thus created by an arbitrary selee- tion of disconnected peaks, is drawn on the British map so as to be parallel to a part of the coast, that is, what ix styled in the’ British Clase the weneral coast. or the miainkind coast. Motuntitin summits are selevted and connected with reference to this coast. The coast as an entirety, is cut up to mateb the mountains. and so by connecting peaks together, and denominating this i mountain crest. and disconnecting the natural coast into broken strips, a very happy combination is thonglit tobe brought about. by which an original und effective under- standing of the treaty of 1825 that no one ever dreamed of wntil more than fifty years after the treaty was made, is claimed to be demonstrated.