722 



UNITED STATES OF AMERICA. 



arbitration, to which the United States would not 

 aree, as it would imply an admission that its con- 

 tention that the coast line mentioned in the treaty 

 follows the sinuosities of the coast admitted of 

 doubt and would probably result in a compromise 

 line. Before a modus Vivendi was arranged Cana- 

 dian mounted police were in Dyea and Skag\vay, 

 and a Canadian Government office was estab- 

 lished in one of those places. The United States 

 sent troops to both towns, and both governments 

 attempted to exercise jurisdiction. Disputes arose 

 constantly, and the legal tenure of mining lands 

 was subject to doubt. The provisional boundary 

 leaves these places and the head of navigation 

 within the jurisdiction of the United States. The 

 line leaves in American control also the Indian 

 village of Klukwan, on Chilkoot river, although 

 it is about 10 miles within the boundary claimed 

 by the United States. The boundary commis- 

 sioners placed monuments at the points along the 

 line where access can be had to the interior at 

 White pass, Chilkoot pass, on the Klehini river, 

 and on Porcupine creek. The boundary of Alaska 

 where it follows the meridian of 141 west of 

 Greenwich has been surveyed independently by 

 United States and Canadian officers by sidereal 

 observations, and the results at several points 

 show discrepancies in no place exceeding 700 feet. 

 A convention was concluded with Great Britain 

 in 1898 for a joint survey on which the Senate 

 failed to take action, and in 1900 negotiations 

 were opened by the Department of State for a 

 now convention to provide for a joint determina- 

 tion of the meridian by telegraphic observations. 



The Interoceanic Canal. Secretary Hay and 

 Lord Pauncefote on Feb. 5, 1900, signed at Wash- 

 ington a convention to take the place of the arti- 

 cles concerning the projected isthmian canal that 

 are contained in the Clayton-Bulwer treaty, rati- 

 fied in 1850. In that treaty it was stipulated 

 that neither the United States nor Great Britain 

 shall obtain or maintain for itself any exclusive 

 control over a ship canal. In the new convention 

 this provision was abrogated, and Great Britain 

 conceded to the United States the right to build 

 and maintain such a canal, and the United States 

 undertook to maintain the neutrality of the pro- 

 posed canal and keep it perpetually open to the 

 ships of all nations in peace and war. The treaty 

 was not ratified by the Senate in its original form, 

 but with amendments, and negotiations were be- 

 gun in December to secure its acceptance by Great 

 Britain in its amended form. The text as 

 amended is as follows: 



" AKTICLE I. It is agreed that the canal may 

 be constructed under the auspices of the Govern- 

 ment of the United States, either directly at its 

 own cost or by gift or loan of money to individ- 

 uals or corporations or through subscriptions to 

 or purchase of stock or shares, and that, subject 

 to the provisions of the present convention, the 

 said government shall have and enjoy all the 

 rights incident to such construction as well as the 

 M -hisive right of providing for the regulation and 

 management of the canal. 



" ART. II. The 'high contracting parties, desir- 

 ing to preserve and maintain the ' great principle ' 

 <>f neutralization established in Article VIII of the 

 Clayton-Bulwer convention, which convention 

 is hereby superseded, adopt as the basis of 

 ?uch neutralization the following rules substan- 

 tially as embodied in the convention between 

 t Hritain and certain other powers signed at 

 Constantinople Oct. 28. 1888, for the free naviga- 

 tion of the Suez maritime canal that is to say: 



" First, the canal shall be free and open in 

 time of war as in time of peace to vessels of 



commerce and of war of all nations on terms of 

 entire equality, so that there shall be no discrimi- 

 nation against any nation or its citizens or sub- 

 jects in respect of the conditions or charges of 

 traffic or otherwise. 



" Second, the canal shall never be blockaded, 

 nor shall any right of war be exercised nor any 

 act of hostility be committed within it. 



" Third, vessels of war of a belligerent shall 

 not revictual nor take any stores in the canal ex- 

 cept so far as may be strictly necessary, and the 

 transit of such vessels through the canal shall be 

 effected with the least possible delay in accord- 

 ance with the regulations in force and with only 

 such intermission as may result from the necessi- 

 ties of the service. Prizes shall be in all respects 

 subject to the same rules as vessels of war of the 

 belligerents. 



" Fourth, no belligerent shall embark or dis- 

 embark troops, munitions of war, or warlike ma- 

 terials in the canal except in case of accidental 

 hindrance of the transit, and in "such case the 

 transit shall be resumed with all possible dis- 

 patch. 



" Fifth, the provisions of this article shall 

 apply to waters adjacent to the canal, within 

 three marine miles of either end. Vessels of war 

 of a belligerent shall not remain in such waters 

 longer than twenty-four hours at any one time ex- 

 cept in case of distress, and in such case shall 

 depart as soon as possible; but a vessel of war of 

 one belligerent shall not depart within twenty- 

 four hours from the departure of a vessel of war 

 of the other belligerent. 



" It is agreed, however, that none of the im- 

 mediately foregoing conditions and stipulations 

 in sections numbered 1, 2, 3, 4, and 5 of this arti- 

 cle shall apply to measures which the United 

 States may find it necessary to take for securing 

 by its own forces the defense of the United States 

 and the maintenance of public order. 



" Sixth, the plant, establishments, buildings, 

 and all works necessary to the construction, main- 

 tenance, and operation of the canal shall be 

 deemed to be part thereof for the purposes of this 

 convention, and in time of war, as in time of 

 peace, shall enjoy complete immunity from attack 

 or injury by belligerents and from acts calculated 

 to impair their usefulness as part of the canal. 



" Seventh, no fortifications shall be erected 

 commanding the canal or the waters adjacent. 

 The United States, however, shall be at liberty 

 to maintain such military police along the canal 

 as may be necessary to protect it against lawless- 

 ness and disorder." 



The contract of the Maritime Canal Company, 

 which undertook to construct a canal by piercing 

 the Isthmus of Nicaragua, was declared forfeit l>y 

 the Nicaraguan Government for nonexecution in 

 October, 1899. That Government refused to re- 

 open the question of the forfeiture, and subse- 

 quently declared the Eyre-Cragin option void also 

 for nonpayment of the stipulated advance. Deem- 

 ing itself relieved from all existing engagements. 

 the Nicaraguan Government showed a disposition 

 to deal freely with the canal question cither hv 

 entering into arrangements with the United 

 States or by taking independent measures to pro- 

 mote the construction of the water way. A pro- 

 posed agreement, conditional on the abrogation 

 of the obligations of the United States toward 

 Great Britain under the Clayton-Bulwer treaty, 

 rives to the United States the absolute right to 

 build and operate and to police the canal. 



The Supreme Court. The Supreme Court \? 

 composed as follows: Chief Justice. Melville \V. 

 Fuller, of Illinois, appointed in 1888. Associate 



