APPENDIX TO CASE OF GREAT BRITAIN. 5db5 
Stony Mountains, should, together with its harbours, bays, and creeks, and the navi- 
gation of all rivers within the same, be free and open, for the term of ten years from 
that date, to the vessels, citizens, and subjects of the two Powers, without prejudice 
to the claims of either party or of any other State. 
“You are authorized to propose an Article of the same purport for a term of ten 
years from the signature of a joint Convention between the United States, Great 
Britain, and Russia.” 
It will be observed that the 1Vth Article relates solely to the “north-west coast of 
America,” so well understood as the coast of the Pacific Ocean between the 50th and 
the 60th degrees north latitude, and, therefore, does not in the remotest degree touch 
the Behring’s Sea or the land bordering upon it. 
The several Articles in the Treaty between Great Britain and Russia, 16th Feb- 
ruary, 1825, that could have any bearing on the pending contention are as follows: 
Articles I and II. (Substantially the same as in the Treaty between Russia and the 
United States. ) 
‘Article III. The line of demarcation between the possessions of the High Con- 
tracting Parties, upon the coast of the continent, and the Islands of America to the 
north-west, shall be drawn in the manner following: 
“Commencing from the southernmost point of the island called Prince of Wales’ 
Island, which point lies in the parallel of 54° 40’ north latitude, and between the 
131st and the 133rd degree of west longitude (meridian of Greenwich), the said line 
shall ascend to the north, along the channel called Portland Channel as far as the 
point of the continent where it strikes the 56th degree of north latitude; from this 
last-mentioned point the line of demarcation shall follow the summit of the moun- 
tains situated parallel to the coast as far as the point of intersection of the 141st 
degree of west longitude (of the same meridian); and, finally, from the said point 
of intersection the said meridian line of the 141st degree, in its prolongation as far 
as the Frozen Ocean, shall form the limit between the Russian and British posses- 
sions on the Continent of America to the north-west. 
Article VY. (Substantially the same as Article [II of the Treaty between Russia 
and the United States.) 
“Article VI. It is understood that the subjects of His Britannie Majesty, from 
whatever quarter they may arrive, whether from the ocean or from the interior ot 
the continent, shall for ever enjoy the right of navigating freely, and without any 
hindrance whatever, all the rivers and streams which, in their course towards the 
Pacifie Ocean, may cross the line of demarcation upon the line of coast described in 
Article I1I of the present Convention. 
“Article VII. It is also understood that, for the space of ten years from the signa- 
ture of the present Convention, the vessels of the two Powers, or those belonging to 
their respective subjects, shall mutually be at liberty to frequent, without any hin- 
drance whatever, all the inland seas, the gulfs, havens, and creeks on the coast men- 
tioned in Article III, for the purpose of fishing and of trading with the natives.” 
After the analysis of the Articles in the American Treaty there is little in the Eng- 
lish Treaty that requires explanation. The two Treaties were drafted under cirenm- 
stances and fitted to conditions quite similar. There were some differences because 
of Great Britain’s ownership of British America. But these very differences corrob- 
orate the position of the United States. This is most plainly seen in Article VI. 
By that Article the subjects of Her Britannic Majesty were guaranteed the right of 
navigating freely the rivers emptying into the Pacific Ocean and crossing the line of 
demarcation upon the line of coast described in Article III. The line of demarcation is 
described in Article III as following ‘‘the summit of the mountains situated parallel 
to the coast, as far as the point of intersection of the 141st degree of west longitude.” 
Article IV, qualifying Article ILI, specifies that ‘‘ wherever the summit of the moun- 
tains which extend in a direction parallel to the coast, from the 56th degree of north 
latitude to the point of intersection of the 141st degree of west longitude, shall prove 
to be at a distance of more than 10 marine leagues from the ocean, the limit between 
the British possessions and the line of coast which is to belong to Russia, as above 
mentioned, shall be formed by a line parallel to the windings of the coast, and shall 
never exceed the distance of 10 marine leagues therefrom.” 
By both these Articles the line of demarcation ceases to have any parallel relation 
to the coast when it reaches the point of intersection of the 141st degree of 
504 west longitude. From that point the 141st degree of west longitude, as far 
as it extends continuously on land northward, is taken as the boundary 
between the territories of the two Powers. It is thus evident that British subjects 
were guaranteed the right of navigating only such rivers as crossed the line of 
demarcation while it followed the line of coast. They were limited, therefore, to the 
rivers that emptied into the Pacific Ocean between 54° 40’ and 60° north latitude, 
the latter being the point on the coast opposite the point where the line of 
demarcation diverges, Mount St. Elias. 
