Page:Alaskan boundary tribunal (IA alaskanboundaryt01unit).pdf/73

 The Fifth Question does not involve any understanding ts to the aetual location of the line on the eround in the interior, but only its relevaney to the entire coast tine of the bays and inlets. The ques- tion can be answered independently that the understanding was that the line should be drawn aronnd all the heads of such waters. This ean be done without fixing where it shall actually be located.

The question does not involve the answer to the question as to whether or not the line. in the absence of mountains responding to the conditions of the Treaty within ten marine len@ues of the coast, shall be drawn the full distance of ten murine leagnes.

That answer ix dependent upou considerations that do not nee- essarily atfeet the answer to the Fifth Question, The Fifth Question can be fully answered without touching either of these propositions,

The British Case seems to coneede that. if the line is to be drawn, not along the monntains, bat parallel to the coast. it shall he drawn ten marine leagues from the coast. [t says:

Tt is to be observed that this Treaty contemplates a shore-line such as admits of another line being drawn parallel to ite sinmosities at a distance of 10 marine leagues.

Tt imiy appear, either from a construction of the Treaty alone, or from sach constrnetion taken in connection with the subsequent conduct of the purties, that it wus the intent of the Treaty that Rosstr was to have, at all events, a continuous strip of the coast. and that this was such a clear and doininating feature of the treaty, that all doubtful lingnage is to be rewarded as subordinate to it. and to he construed so as to carry out this intent.

If such intent shall be demonstrated, it must prevail, and the actual loeution of the territorial bonndary line must be a subordinate consideration,

It is contended for the United States:

1. That when the Treaty was made letween Russia and Creat Britain, both understood that from the fifty-sixth dewree of North latitude to the T41st degree of longitude west of Greenwich, Russia was to have a continuous strip of coast separating the British pios- sessions from all the waters of the ocenn,

2. That this understanding was made manifest by them, as shown by their subsequent conduct.