[Untitled]
Whereas by a Convention signed at Washington on the 24th day of January 1903, by Plenipotentiaries of and on behalf of His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and of and on behalf of the United States of America, it was agreed that a Tribunal should be appointed to consider and decide the questions hereinafter set forth, such Tribunal to consist of six impartial Jurists of repute, who should consider judicially the questions submitted to them each of whom should first subscribe an oath that he would impartially consider the arguments and evidence presented to the said Tribunal, and would decide thereupon according to his true judgment, and that three members of the said Tribunal should be appointed by His Britannic Majesty and three by the President of the United States:
And whereas it was further agreed by the said Convention that the said Tribunal should consider in the settlement of the said questions submitted to its decision the Treaties respectively concluded between His Britannic Majesty and the Emperor of All the Russias under date of the 28th (16th) February A D 1825 and between the United States of America and the Emperor of All the Russias, concluded under date of the 18th (30th) March A D 1867, and particularly the Articles III, IV and V of the first mentioned Treaty, and should also take into consideration any action of the several Governments or of their respective Representatives, preliminary or subsequent to the conclusion of the said Treaties so far as the same tended 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 the said Treaties
And whereas it was further agreed by the said Convention, referring to Articles III, IV and V of the said Treaty of 1825, that the said Tribunal should 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 of the 56th degree of north latitude, following the crest [Page 544] of the mountains situated parallel to the coast until its intersection with the 141st degree of longitude west of Greenwich, subject to the conditions that if such line should anywhere exceed the distance of 10 marine leagues from the ocean, then the boundary between the British and the Russian territory should be formed by a line parallel to the sinuosities of the coast and distant therefrom not more than 10 marine leagues, was it the intention and meaning of the 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?
And whereas His Britannic Majesty duly appointed Richard Everard, Baron Alverstone, G.C.M G. Lord Chief Justice of England, Sir Louis Amable Jetté K C M G Lieutenant-Governor of the Province of Quebec, and Allen Bristol Aylesworth one of His Majesty’s Counsel, and the President of the United States of America duly appointed the Honourable Elihu Root Secretary of War of the United States, the Honourable Henry Cabot Lodge, Senator of the United States from the State of Massachusetts and the Honourable George Turner of the State of Washington, to be members of the said Tribunal.
Now therefore we the Undersigned having each of us first subscribed an oath as provided by the said Convention and having taken into consideration the matters directed by the said Convention to be considered by us, and having judicially considered the said questions submitted to us, do hereby make Answer and Award as follows:—
In answer to the first question
The Tribunal unanimously agrees that the point of commencement of the line is Cape Muzon.
In answer to the second question
The Tribunal unanimously agrees that the Portland Channel is the Channel which runs from about 55° 56′ NL 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
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above mentioned is marked throughout its length by a dotted red line from the point 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.
In answer to the third question
A majority of the Tribunal that is to say Lord Alverstone Mr Root Mr Lodge and Mr Turner decides that the course of the line from the point of commencement to the entrance to Portland Channel is the line marked A B in red on the aforesaid map.
In answer to the fourth question
A majority of the Tribunal that is to say Lord Alverstone Mr Root Mr Lodge and Mr Turner decides that the point to which the line is to be drawn from the head of the Portland Channel is the point on the 56th parallel of latitude marked D on the aforesaid map and the course which the line should follow is drawn from C to D on the aforesaid map.
In answer to the fifth question
A majority of the Tribunal, that is to say Lord Alverstone Mr Root Mr Lodge and Mr Turner decides that the answer to the above question is in the affirmative
Question five having been answered in the affirmative question six requires no answer.
In answer to the seventh question
A majority of the Tribunal that is to say Lord Alverstone, Mr Root, Mr Lodge and Mr Turner decides that the mountains marked S on the aforesaid map are the mountains referred to as situated parallel to the coast on that part of the coast where such mountains marked S are situated and that between the points marked P (mountain marked S 8,000) on the north and the point marked T (mountain marked S 7,950) in the absence of further survey the evidence is not sufficient to enable the Tribunal to say which are the mountains parallel to the coast within the meaning of the Treaty.
In witness whereof we have signed to above written decision upon the questions submitted to us.
Witness
Reginald Tower:
Secretary.
Note: The map above referred to is marked A.