boundary”. The Privy Council, having this letter under considera- tion, said that there was no such conventional line.[1]
Sir Edward Thornton followed the error from Justice Gray, in bis letter to Mr. Fish of Jany 15, 1877."[2] ‘The mistake is clearly shown hy Sir Edward Blake, and the Earl of Carnarvon. Sir Edward Blake said:
No mention is made in the Memorandum of any agreement or understanding, for- mal or informal, as to a conventional boundary line pending the ascertainment of the true line. No such agreement or understanding hay ever been mule by this Government or by any one with its knowlelge or authority,
There was not, and, indeed, under the circumstance: which I have mentioned, there would not have been any intention to assert the existence, or to suggest the continuance of any such agreement or understanding.[3]
Mr. Fish. on September 18. 1875, called the attention of Great Britain to a report that a site fora town was about to be located by British subjects on the Stikine, within the territory of the United States. and on Oct, 22, 1575, the Karl of Carnarvon wrote to the Bark of Duiferin saving:
I have the honor to transmit to Your Lordship a copy of a despatch from Her Majesty's Minister at Washington, reporting a conversation with Mr, Fish respect- ing the settlement of some British subjects at a point pear the Stikine River, alleged by American officers to be within the United States territory and below the British Custom House, which is also stated w be within the United States boundary,
Th view of the circumstances represented by Mr. Fish it appears ta Her Majesty's Government desirable that an officer should be sent by your Government or by the Provincial Government of British Columbia to ascertain whether the settlement alluded to and the British Custom House are within British Territory.[4]
This letter of Sir E. Thornton said:
The point was stated to be below the British Custom House on the Stikine, which Custom House was also supposed to be within the United States territory, that is, within the ten marine leagues from the coast at which the boundary should be in accordance with the provisions of the 4th Article of the Convention of February 28th, 1825, between Great Britain and Russia.[5]
Ou the 23rd day of November, 1s75. the Committee of the Privy Council reported that:
In the discussion of this subject between Sir Edward Thornton and Mr. Fish, the latter suggested that as the weight of the evidence seemed at present to be in fiver
of the point in question being in United States territory, the settlers shout be called