constitute the boundary are those which skirt the coast, the more prominent peaks among which have been pointed out in the British Case and in the argument of Counsel before us. Finally, I have merely to say this further, that the course the majority of this Tribunal has decided to take in regard to the islands at the entrance of Portland Channel is, in my humble judgment, so opposed to the plain requirements of justice, and so absolutely irreconcilable with any disposition of that branch of this case upon principles of a judicial character, that I respectfully decline to affix my signature to their Award. A. B. Aylesworth. Nr. 13231. GROSSBRITANNIEN. - Meinung von Sir Louis Jetté. By a majority of four the Alaska Boundary Tribunal has come to a decision on the questions upon which it had to pass judgment in accordance with the provisions of the Treaty signed between Great Britain and the United States on the 24th January, 1903. || My honourable colleague, Mr. Aylesworth, and myself, have been unable to concur in most of the findings of the majority, and, although the Treaty does not call for any expression of opinion by those who differ, I feel it my duty to place on record, as briefly as I can, a few of the reasons by which I have been guided in arriving at conclusions different from those adopted by the other members of the Commission. || I have no intention of writing exhaustively on the different questions submitted to the Tribunal, as it would be more than useless at this moment. I will therefore refrain from any comment which could only be a repetition of the able argument advanced by the distinguished Counsel in the Case, and I will confine myself to a short and concise statement of the views which I firmly believe should have been accepted by the Tribunal. The first Article of the Treaty of 1903 gives the following directions to the members of the Commission: ||,,The Tribunal shall consist of six impartial jurists of repute, who shall consider judicially the questions submitted to them, each of whom shall first subscribe an oath that he will impartially consider the arguments and evidence presented to the Tribunal, and will decide thereupon according to his true judgment." || Thus, the character of the functions which had been confided to us is clearly defined. We have not been intrusted with the power of making a new Treaty, and it was not in our province to make concessions for the sake of an agreement; we had simply to give a judicial interpretation of the Articles of that Treaty which were submitted to us. And this position, as I take it, was rendered still more clear by the fact that, if a majority could not be found to agree, no harm was done, the way being then still left open for the Governments of both countries to do what would, unquestionably, be in their power, that is, to settle the difficulty by mutual concessions if they found it advantageous to each other. || Finding, thus, that the line of demarcation between our duties and our powers had been very clearly defined, I took it to be my first duty, in passing on the different questions submitted to us, not to assume any more power than had been given to me by this Ist Article of the Convention of 1903. | Article III of this Treaty of 1903 then provides: ,,It is agreed by the High Contracting Parties that the Tribunal shall consider, in the settlement of question submitted to its decision, the Treaties respectively concluded between His Britannic Majesty and the Emperor of all the Russias, under date of the 28th February (16th March), A. D. 1825, and between the United States of America and the Emperor of All the Russias, concluded under date of the 30th March (18th April), A. D. 1867, and particularly the Articles III, IV, and V of the firstmentioned Treaty, which in the original text are word for word as follows: ,,III. La ligne de démar cation entre les possessions des Hautes Parties Contractantes sur la côte du continent et les îles de l'Amérique Nord-ouest, sera tracée ainsi qu'il suit: „A partir du point le plus méridional de lîle dite Prince of Wales, lequel point se trouve sous le parallèle du 54° 40′ de latitude nord, et entre le 131° et le 133° degré de longitude ouest (méridien de Greenwich) la dite ligne remontera au nord le long de la passe dite Portland Channel, jusqu'au point de la terre ferme où elle atteint le 56° degré de latitude nord; de ce dernier point la ligne de démarcation suivra la crête des montagnes situées parallèment à la côte, jusqu'au point d'intersection du 141 degré de longitude ouest (même méridien); et, finalement, du dit point d'intersection, la même ligne méridienne du 141° degré formera, dans son prolongement jusqu'à la Mer Glaciale, la limite entre les possessions Russes et Britanniques sur le continent de l'Amérique Nord-ouest. ,,IV. Il est entendu, par rapport à la ligne de démarcation determinée dans l'Article précédent 1. Que l'île dite Prince of Wales appartiendra tout entière à la Russie. || 2. Que partout où la crête des montognes qui s'étendent dans une direction parallèle à la côte depuis le 56° degré de latitude nord au point d'intersection du 141° degré le longitude ouest, se trouverait à la distance de plus de 10 lieues marines de l'océan, la limite entre les possessions Britanniques et la lisière de côte mentionnée ci-dessus comme devant appartenir à la Russie sera formée par une ligne parallèle aux sinuosités de la côte, et qui ne pourra jamais en être éloignée que de 10 lieues marines. V. Il est convenu, en outre, que nul établissement ne sera formé par une des deux Parties dans les limites que les deux Articles précédents assignent aux possessions de l'autre. En conséquence, les sujets Britanniques ne formeront aucun établissement soit sur la côte, soit sur la lisière de terre ferme comprise dans les limites des possessions Russes, telles qu'elles sont désignées dans les deux Articles précédents; et, de même, nul établissement ne sera formé par des sujets Russes au delà des dites limites. || The Treaty then further provides: The Tribunal shall also take into consideration any action of the several Governments or of their respective Representatives, preliminary or subsequent to the conclusion of said Treaties, so far as the sanie tends to show the original and effective understanding of the Parties in respect to the limits of their several territorial jurisdictions under and by virtue of the provisions of said Treaties. Article IV. ,,Referring to Articles III, IV, and V of the said Treaty of 1825, the said Tribunal shall answer and decide the following questions:- || 1. What is intended as the point of commencement of the line? || 2. What channel is the Portland Channel? || 3. What course should the line take from the point of commencement to the entrance to Portland Channel? || 4. To what point on the 56th parallel is the line to be drawn from the head of the Portland Channel, and what course should it follow between these points? || 5. In extending the line of demarcation northward from said point on the parallel on the 56th degree of north latitude, following the crest of the mountains situated parallel to the coast until its intersection with the 141st degree of longitude west of Greenwich, subject to the condition. that if such line should anywhere exceed the distance of 10 marine leagues from the ocean, then the boundary between the Russian and the British territory should be formed by a la line parallel to the sinuosities of the coast and distant therefrom not more than 10 marine leagues, was it the intention and meaning of said Convention of 1825 that there should remain in the exclusive possession of Russia a continuous fringe or strip of coast on the mainland, not exceeding 10 marine leagues in width, separating the British possessions from the bays, ports, inlets, havens, and waters of the ocean, and extending from the said point on the 56th degree of latitude north to a point where such line of demarcation should intersect the 141st degree of longitude west of the meridian of Greenwich? || 6. If the foregoing question should be answered in the negative, and in the event of the summit of such mountains proving to be in places more than 10 marine leagues from the coast, should the width of the lisière which was to belong to Russia be measured (1) from the mainland coast of the ocean, strictly so-called, along a line perpendicular thereto, or (2) was it the intention and meaning of the said Convention that where the mainland coast is indented by deep inlets forming part of the territorial waters of Russia, the width of the lisière was to be measured (a) from the line of the general direction of the mainland coast, or (b) from the line separating the waters of the ocean from the territorial waters of Russia, or, (c) from the heads of the aforesaid inlets? || 7. What, if any exist, are the mountains referred to as situated parallel to the coast, which mountains, when within 10 marine leagues from the coast, are declared to form the eastern boundary ?" || The Treaty then provides for the meetings of the Tribunal and the rendering of the Award in the following terms: Article V. The „The Tribunal shall assemble, for their first meeting, at London as soon as practicable after receiving their commissions, and shall themselves fix the times and places of all subsequent meetings. || The decision of the Tribunal shall be made as soon as possible after the conclusion of Arguments in the Case, and within three months thereafter. decision shall be made in writing, and dated, and shall be signed by the members of the Tribunal assenting to the same. It shall be signed in duplicate, one copy whereof shall be given to the Agent of the United States of America for his Government, and the other to the Agent of His Britannic Majesty for his Government. Article VI. „Should there be, unfortunately, a failure by a majority of the Tribunal to agree upon any of the points submitted for their decision, it shall be their duty to so report in writing to the respective Governments through their respective Agents. Should there be an agreement by a majority upon a part of the questions submitted, it shall be their duty to sign and report their decision upon the points of such agreement in the manner hereinbefore prescribed." || As I have already said, these two last Articles do not provide for any expression of opinion by those members of the Tribunal who have the misfortune to find themselves in the minority. The questions to be answered by the Tribunal are seven in number. I will now take them in the order of the Treaty: 1st Question. „What is intended as the point of commencement of the line?" || The || „The Tribunal unanimously answer to this question is as follows: --- agrees that the point of commencement of the line is Cape Muzon." || The Representatives of both Governments having agreed to accept Cape Muzon as the southernmost point of Prince of Wales Island, and to take it as the point of commencement of the line, nothing further need be said on this first question. 2nd Question. „What channel is the Portland Channel? || The following is the answer of the Commission to this question: - || „The Tribunal unanimously agrees that the Portland Channel is the channel which runs from about 55° 56′ north latitude, and passes to the north of Pearse and Wales Islands. || A majority of the Tribunal, that is to say, Lord Alverstone, Mr. Root, Mr. Lodge, and Mr. Turner decides that the Portland Channel after passing to the north of Wales Island is the channel between Wales Island and Sitklan Island called Tongass Channel. || The Portland Channel above mentioned is marked throughout its length by a dotted red line from the point marked B to the point marked C on the map, signed in duplicate by the members of the Tribunal at the time of signing their decision." The contention of the United States on this point was that Portland Channel is that body of water which goes seaward between Pearse Island and the peninsula, passes Ramsden Point in (or at the entrance of) Observatory Inlet, and reaches the ocean by the channel between Pearse and Wales Islands on the west and the easterly continental shore, entering the ocean between Point Wales on the west and Point Maskelyne on the east. || The contention of Great Britain was, that it is the channel which enters the ocean between Tongass Island and Kannaghunut Island, leaving Sitklan, Wales and Pearse Islands on the south and east, and extending northerly 82 miles to its head. || The difference between the two contentions will be rendered more striking by saying that the British Portland Channel would run straight from its head to the ocean, whilst the American Portland Channel would divide in two passages at the head of Pearse Island, and there leaving its northern branch would make a curve, and, entering Observatory Inlet, would run down to the sea through that inlet, at the south of Pearse and Wales Islands. || The contention of Great Britain is, to my mind, clearly supported by Vancouver's narrative of his voyage of 1794, when, after relating his movements in these waters, day by day, and specially from the 27th July to the 2nd August, he says: - ||,,In the morning of the 2nd (August) we set out early, and passed through a labyrinth of small islets and rocks, along the continental shore; this, taking now a winding course to the south-west and west, showed the south-eastern side of the |